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Privacy Statement
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Acceptable Use Policy
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Terms of Service
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Spam Policy
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30 Day Guarantee |
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Terms of Service
Refunds |
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If for any reason your are not satisfied with the Hosting Services
provided, we offer a full money back promise. Simply cancel your
Hosting Plan within the first thirty days of service and we will
refund your money. Please read our
30 Day Guarantee
for further information. |
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iTEAM.net Terms & Conditions Agreement |
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1. Term and Payment for Services
2. Use of Services
3. Enforcement
4. Intellectual Property Rights
5. Warranty; Warranty Disclaimer
6. Limitation and Exclusion of Liability
7. Indemnification
8. Miscellaneous |
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You must accept the terms of this Agreement in order to use the
Services. |
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NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES
INCORPORATED BY REFERENCE |
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iTEAM.net reserves the right to change or modify any of the
terms and conditions contained in this Agreement, any Addendum and
any policy or guideline incorporated by reference at any time and
from time to time in its sole discretion, and to determine whether
and when any such changes apply to both existing or future
customers. Any changes or modification will be effective upon
posting of the revisions on the iTEAM.net Web site (the
"Site"). Your continued use of Services following iTEAM.net 's
posting of any changes or modifications will constitute your
acceptance of such changes or modifications. |
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1. TERM AND PAYMENT
FOR SERVICES |
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1.1 Term |
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This Agreement shall be for an "Initial Term" as chosen by you in
the Order Form located on this Site at the time you register for the
Services. This Agreement will be automatically renewed (the "Renewal
Term") at the end of the Initial Term for the same period as the
Initial Term unless you provide iTEAM.net with notice of
termination thirty (30) days prior to the end of the Initial Term or
the Renewal Term. |
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1.2 Termination Policy |
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If you terminate your receipt of the Services prior to the end of
the Initial Term or the Renewal Term, whichever is then applicable,
(a) iTEAM.net will not refund to you any fees paid in advance
of such termination and (b) you shall be required to pay 100% of
iTEAM.net's standard monthly charge for each month remaining in
the term, unless otherwise expressly provided in this Agreement.
Notwithstanding the foregoing, if you terminate your receipt of
Shared Hosting Services prior to the end of the first thirty (30)
days of the Initial Term, you are entitled to a refund of the fees
you paid in advance for the monthly Services, not including any
setup fees. Your termination request or notice must be submitted to
iTEAM.net in the manner described in Section 1.1.
iTEAM.net reserves the right to delete all content and files
upon termination. iTEAM.net reserves the right to withhold any
pre-paid funds for any site removed for violations of these
policies. iTEAM.net reserves the right to refuse, cancel, or
suspend service at our sole discretion. iTEAM.net reserves the
right to change the Acceptable Use Policy without prior notice or
warning. Non-enforcement of any part of the Acceptable Use Policy
does not constitute consent.
There is a $35 administrative fee for any illegitimate chargebacks
placed against us. Any illegitimate chargebacks or threatened
illegitimate chargebacks are grounds for immediate account
cancellation. |
* Free hosting is available to adults 18 years and over only. Free hosting is a three day trial. If you are unsatisfied with our hosting service you will need to cancel before the three day trial ends or your card will be billed at the end of the three day trial. If you do not cancel your card will be billed on a recurring monthly basis. If you choose not to cancel before the three day trial is over, you will see a charge on your credit card for the amount of seven dollars and ninety five cents from ITEAM.NET each month starting at the end of the three day trial until canceled. If you wish to cancel at any time, you must log into you client area to cancel with the username and password you chose during the signup process. If you have any questions, please open a support ticket by going to the iteam.net home page and clicking on the support button. |
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1.3 Default and Cure |
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In the event that either party hereto defaults in the performance of
any of its material duties or obligations under this Agreement,
including failure to make any payments due under this Agreement, and
such default is not cured within five (5) days after written notice
is given to the defaulting party specifying the default, then the
party not in default, after given written notice thereof to the
defaulting party, may terminate this Agreement. |
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1.4 Charges |
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You agree to pay for all charges attributable to your use of the
Services at the then current iTEAM.net prices, which shall be
exclusive of any applicable taxes. You are responsible for the
payment of all federal, state, and local sales, use, value added,
excise, duty and any other taxes assessed with respect to the
Services, other than taxes based on iTEAM.net's net income. |
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1.5 Payment |
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All charges for Services must be paid in advance according to the
then current prices applicable to the Services. Upon entering this
Agreement, you must choose to pay either by direct charge to a
credit or debit card. If you choose to pay by credit or debit card
upon registering for the Services, you thereby authorize
iTEAM.net to charge your credit or debit card to pay for any
charges that may apply to your account. You must notify
iTEAM.net of any changes to your card account (including,
without limitation, applicable account number or cancellation or
expiration of the account), your billing address, or any information
that may prohibit iTEAM.net from charging your account.
iTEAM.net may also create periodic invoices for any applicable
Supplemental Charges associated with your use of the Services. You
agree to pay to iTEAM.net the amount indicated in each invoice
by the due date reflected on that invoice. If you fail to pay any
fees and taxes by the applicable due date for credit card or invoice
payments, late charges of the lesser of one and one-half per cent
(1.5%) per month or the maximum allowable under applicable law but
at no time less than $15 shall also become payable by you to
iTEAM.net . In addition, your failure to fully pay any fees and
taxes within five (5) days after the applicable due date will be
deemed a material breach of this Agreement, and iTEAM.net may,
in addition to any other remedy it may have: (i) suspend its
performance of the Services and/or terminate this Agreement; and/or
(ii) take possession and ownership of any of your property
(including any and all intellectual property) in iTEAM.net's
possession at the time of such nonpayment and liquidate such
property in any reasonable manner in partial or full satisfaction of
any unpaid amounts. You agree to sign any documents to facilitate
such a transfer of your property and, in the event that
iTEAM.net is unable for any reason to secure your signature to
any document required for such transfer, you hereby irrevocably
designate and appoint iTEAM.net and its authorized officers and
agents as your agent and attorney-in-fact to act on your behalf to
execute such documents. Any such suspension or termination of the
Services would not relieve you from paying past due fees plus
interest. In the event of collection enforcement, you will be liable
for any costs associated with such collection, including, without
limitation, reasonable attorneys' fees, court costs and collection
agency fees. |
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2. USE OF SERVICES |
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2.1 Acceptable Use Policy |
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The iTEAM.net Acceptable Use Policy (the "Usage Policy") govern
the general policies and procedures for use of the Services. The
Usage Policy is posted on iTEAM.net's Web site (or such other
location as iTEAM.net may specify) and may be updated from
time-to-time. YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING
THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY
AND ANY MODIFICATIONS. iTEAM.net RESERVES THE RIGHT TO
TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS
AGREEMENT. |
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2.2 Material and Product
Requirements |
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Unless we have agreed otherwise in a separate agreement, you must
ensure that all material and data placed on iTEAM.net's
equipment is in a condition that is "server-ready," which is in a
form requiring no additional manipulation by iTEAM.net .
iTEAM.net will make no effort to validate any of this
information for content, correctness or usability. If your material
is not "server-ready", iTEAM.net has the option at any time to
reject this material. iTEAM.net will notify you of its refusal
of the material and afford you the opportunity to amend or modify
the material to satisfy the needs and/or requirements of
iTEAM.net . Use of the Services requires a certain level of
knowledge in the use of Internet languages, protocols and software.
This level of knowledge varies depending on the anticipated use and
desired content of your Web site. You must have the necessary
knowledge to create and maintain a Web site. It is not
iTEAM.net 's responsibility to provide this knowledge or
customer support outside of the Services agreed to by you and
iTEAM.net. |
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2.3 Bandwidth and Storage Use |
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You agree that use of the Services under this Agreement will not
exceed the bandwidth and storage usage limits set out. If you use
any bandwidth or storage space in excess of the agreed upon number
of megabytes per month, you agree to pay the associated additional
charges. |
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3. ENFORCEMENT |
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3.1 Investigation of Violations |
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iTEAM.net may investigate any reported or suspected violation
of this Agreement, its policies or any complaints and take any
action that it deems appropriate and reasonable under the
circumstance to protect its systems, facilities, customers and/or
third parties. iTEAM.net will not access or review the contents
of any e-mail or similar stored electronic communications except as
required or permitted by applicable law or legal process. |
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3.2 Actions |
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iTEAM.net reserves the right and has absolute discretion to
restrict or remove from its servers any content that violates this
Agreement or related policies or guidelines, or is otherwise
objectionable or potentially infringing on any third party's rights
or potentially in violation of any laws. If we become aware of any
possible violation by you of this Agreement, any related policies or
guidelines, third party rights or laws, iTEAM.net may
immediately take corrective action, including, but not limited to,
(a) issuing warnings, (b) suspending or terminating the Service, (c)
restricting or prohibiting any and all uses of content hosted on
iTEAM.net 's systems, and/or (d) disabling or removing any
hypertext links to third party Web sites, any of your content
distributed or made available for distribution via the Services, or
other content not supplied by iTEAM.net which, in
iTEAM.net 's sole discretion, may violate or infringe any law
or third-party rights or which otherwise exposes or potentially
exposes iTEAM.net to civil or criminal liability or public
ridicule. It is iTEAM.net 's policy to terminate repeat
infringers. iTEAM.net's right to take corrective action,
however, does not obligate us to monitor or exert editorial control
over the information made available for distribution via the
Services. If iTEAM.net takes corrective action due to such
possible violation, iTEAM.net shall not be obligated to refund
to you any fees paid in advance of such corrective action. |
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3.3 Disclosure Rights |
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To comply with applicable laws and lawful governmental requests, to
protect iTEAM.net's systems and customers, or to ensure the
integrity and operation of iTEAM.net's business and systems,
iTEAM.net may access and disclose any information it considers
necessary or appropriate, including, without limitation, user
profile information (i.e., name, e-mail address, etc.), IP
addressing and traffic information, usage history, and content
residing on iTEAM.net's servers and systems. iTEAM.net
also reserves the right to report any activity that it suspects
violates any law or regulation to appropriate law enforcement
officials, regulators, or other appropriate third parties. |
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4. INTELLECTUAL
PROPERTY RIGHTS |
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4.1 Your License Grant to
iTEAM.net |
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You hereby grant to iTEAM.net a non-exclusive, worldwide, and
royalty-free license for the Initial Term and any Renewal Term to
use your content as necessary for the purposes of rendering and
operating the Services to you under this Agreement. You expressly
(a) grant to iTEAM.net a license to cache materials distributed
or made available for distribution via the Services, including
content supplied by third parties, and (b) agree that such caching
is not an infringement of any of your intellectual property rights
or any third party's intellectual property rights. |
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4.2 iTEAM.net's Materials and
Intellectual Property |
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All materials, including but not limited to any computer software
(in object code and source code form), data or information developed
or provided by iTEAM.net or its suppliers or agents pursuant to
this Agreement, and any know-how, methodologies, equipment, or
processes used by iTEAM.net to provide the Services to you,
including, without limitation, all copyrights, trademarks, patents,
trade secrets and other proprietary rights are and will remain the
sole and exclusive property of iTEAM.net or its suppliers,
including but not limited to any software programs, inventions,
products and/or technology innovations and methodologies utilized,
developed, or disclosed by iTEAM.net during the term of this
Agreement. Unauthorized copying, reverse engineering, decompiling,
and creating derivative works based on the any such software is
expressly forbidden except as permitted in this Agreement. You may
be held legally responsible for violation of any patent rights,
copyright or trade secret rights that is caused or encouraged by
failure to abide by the terms of this Agreement. |
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4.3 Trademarks |
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You hereby grant to iTEAM.net a limited right to use your
trademarks, if any, for the limited purpose of permitting
iTEAM.net to fulfill its duties under this Agreement. This is
not a trademark license and no other rights relating to the
trademarks are granted by this Agreement. Specifically, but without
limitation, the rights granted by this Agreement do not include the
right to sub-license use of your trademarks or to use your
trademarks with any other products or services outside the scope of
the Services provided under this Agreement. The limited trademark
use rights granted under this section terminate upon termination of
this Agreement. |
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5. WARRANTY;
WARRANTY DISCLAIMER |
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5.1 Customer and/or Third Party
Acts |
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iTEAM.net is not responsible in any manner for any
non-confirming Services to the extent caused by you or your
customers. In addition, iTEAM.net is not responsible for loss
or corruption of data in transmission, or for failure to send or
receive data due to events beyond iTEAM.net's reasonable
control. |
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5.2 No Express or Implied Warranty |
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ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY iTEAM.net UNDER
THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY
IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT
iTEAM.net EXERCISES NO CONTROL OVER, AND ACCEPTS NO
RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH
iTEAM.net 's COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR
THE INTERNET. iTEAM.net DOES NOT WARRANT THAT THE OPERATION OF
THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY
SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT,
COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES
PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT
WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT
LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION
SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT,
iTEAM.net DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY
WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY
LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES
WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK
INFRINGEMENT. |
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5.3 Your Warranties and
Representations to iTEAM.net |
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You warrant, represent, and covenant to iTEAM.net that (a) you
are at least eighteen (18) years of age or are a duly organized and
validly existing entity; (b) you possess the legal right and ability
to enter into this Agreement; (c) you will use the Services only for
lawful purposes and in accordance with this Agreement and all
applicable policies and guidelines; (d) you will be financially
responsible for the use of your account; (e) you have acquired or
will acquire all authorization(s) necessary for hypertext links to
third-party Web sites or other content; (f) you have verified or
will verify the accuracy of materials distributed or made available
for distribution via the Services, including, without limitation,
your content, descriptive claims, warranties, guarantees, nature of
business, and address where business is conducted, and (g) your
content and/or any software that you install or provide does not and
will not infringe or violate any right of any third party (including
any intellectual property rights) or violate any applicable law,
regulation or ordinance. |
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6. LIMITATION AND
EXCLUSION OF LIABILITY |
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6.1 Limitations |
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IN NO EVENT SHALL iTEAM.net HAVE ANY LIABILITY WHATSOEVER FOR
DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF
INFORMATION PROVIDED TO iTEAM.net , DISTRIBUTED OR MADE
AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. iTEAM.net SHALL
HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES
EVEN IF iTEAM.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY EVENT, THE LIABILITY OF iTEAM.net TO YOU FOR
ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE
AMOUNT ACTUALLY PAID TO iTEAM.net BY YOU UNDER THIS AGREEMENT
DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH
SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION
IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET
BY iTEAM.net UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE
TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY
RELEASE iTEAM.net FROM ANY AND ALL OBLIGATIONS, LIABILITIES,
AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES,
OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. |
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6.2 Interruption of Service |
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You hereby acknowledge and agree that iTEAM.net will not be
liable for any temporary delay, outages or interruptions of the
Services. Further, iTEAM.net shall not be liable for any delay
or failure to perform its obligations under this Agreement, where
such delay or failure results from any act of God or other cause
beyond its reasonable control (including, without limitation, any
mechanical, electronic, communications or third-party supplier
failure). |
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6.3 Maintenance |
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You hereby acknowledge and agree that iTEAM.net reserves the
right to temporarily suspend services for the purposes of
maintaining, repairing, or upgrading its systems and network.
iTEAM.net will use best efforts to notify you of pending
maintenance however at no time is under any obligation to inform you
of such maintenance. |
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7. INDEMNIFICATION |
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You will defend, indemnify and hold harmless iTEAM.net and its
officers, directors, shareholders, employees, consultants, agents,
affiliates and suppliers (an "Indemnitee") from any and all
threatened or actual claims, demands, causes of action, suits,
proceedings (formal or informal), losses, damages, fines, penalties,
liabilities, costs and expenses of any nature, including attorneys'
fees and court costs, sustained or incurred by or asserted against
any Indemnitee by any person, firm, corporation, governmental
authority, partnership or other entity by reason of or arising out
of or relating to: (i) your violation or breach of any term,
condition, representation or warranty of this Agreement or any
applicable policy or guideline; (ii) your conduct, including but not
limited to your negligence, gross negligence, or willful misconduct;
(iii) your use of the Services, including any improper or illegal
uses; (iv) any claim by a former employee of yours whose employment
has been or may be terminated in connection with or as a result of
the execution of this Agreement and performance of the Services by
iTEAM.net ; or (v) any claim relating to your services or
products, or your installation and/or use of any third-party
software, including but not limited to advertising, product
liability claims or infringement of any trademark, copyright,
patent, trade secrets or nonproprietary right of a third party
(including, without limitation, defamation, libel, or violation of
privacy or publicity). |
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8. MISCELLANEOUS |
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8.1 Confidentiality |
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The parties each agree that all Confidential Information (as defined
below) communicated to it by the other is done so in confidence and
will be used only for the purposes of this Agreement and will not be
used to compete with the other party or disclosed to any third party
without the prior written consent of the other party except as
permitted under this Agreement. "Confidential Information" means all
information in any form, including, without limitation, printed or
verbal communications and information stored in printed, optical or
electromagnetic format, which relates to the Services; or computer,
data processing or electronic commerce programs and software;
electronic data processing applications, routines, subroutines,
techniques or systems; information which incorporates or is based
upon proprietary information of either party; or information
concerning business or financial affairs, product pricing, financial
conditions or strategies, marketing, technical systems of either
party; or any information concerning customers or vendors of either
party; or any data exchange between a party and any customers or
vendors. Exceptions to Confidential Information include (1)
information in the public domain; (2) information developed
independently by a party without reference to information disclosed
under this Agreement; or (3) information received from a third party
without restriction and/or breach of this or a similar Agreement. It
is not a violation of this provision to disclose Confidential
Information in compliance with any legal, accounting or regulatory
requirement beyond the control of either Party or, but in such case,
prior to disclosure, the disclosing Party shall give written notice
to the other Party to permit that Party an opportunity to challenge
such disclosure. If either Party is subpoenaed, such Party shall
give written notice to the other Party to permit that Party an
opportunity to challenge the disclosure of Confidential Information.
Upon the termination of this Agreement and upon written request of
the disclosing Party, each Party shall promptly return all
Confidential Information of the other Party. This provision shall
survive the termination of this Agreement for two (2) years. |
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8.2 Notices |
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All notices, reports, requests, or other communications given
pursuant to this Agreement shall be made in writing, shall be
delivered by hand delivery, overnight courier service, fax, or
electronic mail, shall be deemed to have been duly given when
delivered. |
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8.3 Entire Agreement |
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This Agreement and all policies and guidelines incorporated in this
Agreement by reference constitutes the entire Agreement of the
parties and may not be modified or altered orally but only by an
agreement in writing signed by both parties. |
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8.4 No Fiduciary Relationship |
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No Third-Party Beneficiaries iTEAM.net is not the agent,
fiduciary, trustee or other representative of you. Nothing expressed
or mentioned in or implied from this Agreement is intended or shall
be construed to give to any person other than the parties hereto any
legal or equitable right, remedy or claim under or in respect to
this Agreement. This Agreement and all of the representations,
warranties, covenants, conditions and provisions hereof are intended
to be and are for the sole and exclusive benefit of the parties
hereto. |
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8.5 Assignments |
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You may not transfer or assign your rights, duties, or obligations
under this Agreement without iTEAM.net's prior written consent.
iTEAM.net may assign its rights and obligations under this
Agreement and may utilize affiliate and/or agents in performing its
duties and exercising its rights under this Agreement, without your
consent. Subject to that restriction, this Agreement will be binding
on, inure to the benefit of, and be enforceable against the parties
and their respective successors and assignees. |
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8.6 No Waiver |
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iTEAM.net's failure to enforce the strict performance of any
provision of this Agreement will not constitute a waiver of
iTEAM.net's right to subsequently enforce such provision or any
other provisions under this Agreement. |
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8.7 Severability |
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If any provision of this Agreement is deemed illegal, invalid, void
or otherwise unenforceable in whole or in part, that provision shall
be severed or shall be enforced only to the extent legally
permitted, and the remainder of the provision and the Agreement
shall remain in full force and effect. If any provision of this
Agreement is deemed to be invalid, void or unenforceable only with
respect to a particular application, such term or provision shall
remain in full force and effect with respect to all other
applications. |
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8.8 Survival |
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All provisions of this Agreement relating to your warranties,
intellectual property rights, limitation and exclusion of liability,
your indemnification obligations and payment obligations shall
survive the termination or expiration of this Agreement. |
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Privacy Statement
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Acceptable Use Policy
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Terms of Service
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Spam Policy
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30 Day Guarantee |
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