samshosting.com
Universal Terms of Service
for samshosting.com Software
and Services |
| This Universal Terms of Service for
samshosting.com Software and Services Agreement ("Agreement") is
by and between samshosting.com ("samshosting.com") a/an
individual and you, your heirs, agents, successors and assigns
("You"), and is made effective as of the date of electronic
execution. This Agreement sets forth the terms and conditions of
Your use of samshosting.com software (“Software”) and services
(“Services”) and explains samshosting.com's obligations to You
and Your obligations to samshosting.com in relation to the
Software and Services You purchase. This Agreement as
well as any additional samshosting.com policies, together with
all modifications thereto, constitute the complete and exclusive
agreement between You and samshosting.com concerning Your use of
samshosting.com's Software and Services, and supersede and
govern all prior proposals, agreements, or other communications.
All samshosting.com policies and agreements specific to
particular Software and Service are incorporated herein and made
part of this Agreement by reference, including the
dispute policy (“UDRP”). By purchasing samshosting.com's
Software or Services, You acknowledge that You have read,
understood, and agree to be bound by all terms and conditions of
this Agreement and any other policies or agreements made part of
this Agreement by reference, as well as any new, different or
additional terms, conditions or policies which samshosting.com
may establish from time to time, and any agreements that
samshosting.com is currently bound by or will be bound by in the
future. You may view the latest versions of these Agreements
here. In addition to transactions entered into by
You on Your behalf, You also agree to be bound by the terms of
this Agreement for transactions entered into on Your behalf by
anyone acting as Your Agent, and transactions entered into by
anyone who uses the account You've established with
samshosting.com, whether or not the transactions were in Your
behalf. You acknowledge that samshosting.com's acceptance of any
application made by You for Services provided by samshosting.com
will take place at the Internet Corporation for Assigned Names
and Numbers ("ICANN") accredited registrar's offices located in
Scottsdale, Arizona, USA. The General Terms in
Section A apply to all customers of samshosting.com. The
Software and Services Specific Agreements incorporated in
Section B apply only to customers who have purchased those
referenced Services. |
A. GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES
|
1. TERM OF AGREEMENT; MODIFICATIONS.
|
| You agree that samshosting.com may
modify this Agreement and the Services from time to time. You
agree to be bound by any changes samshosting.com may reasonably
make to this Agreement when such changes are made. If You have
purchased Services or Software from samshosting.com, the term of
this Agreement shall continue in full force and effect as long
as You take advantage of and use the Software or Services. In
the event You terminate Your usage, samshosting.com will not
refund any amounts You have paid. You agree that samshosting.com
shall not be bound by any representations made by third parties
who You may use to purchase Services from samshosting.com, and
that any statement of a general nature, which may be posted on
samshosting.com's web site or contained in samshosting.com's
promotional materials, will not bind samshosting.com.
samshosting.com may, at times, offer certain promotions with
different charges and features. You agree that You will
be responsible for notifying samshosting.com should You desire
to terminate Your use of samshosting.com's Services.
Notification of Your intent to terminate must be provided to
samshosting.com no earlier than ten (10) days prior to Your
billing date but no later than three (3) days prior to Your
billing date. |
2. ACCURATE INFORMATION.
|
| You agree to maintain accurate
information by providing updates to samshosting.com, as needed,
while You are using samshosting.com's Services. You agree You
will notify samshosting.com within five (5) business days when
any change of the information You provided as part of the
application and/or registration process changes. Failure by You,
for whatever reason, to respond within five (5) business days to
any inquiries made by samshosting.com to determine the validity
of information provided by You will constitute a material breach
of this Agreement. You agree that samshosting.com may
use and rely on any such information provided by You for all
purposes in connection with Your Services, subject to
samshosting.com's
Privacy Policy . If You provide any information that is
inaccurate, not current, false, misleading or incomplete, or if
samshosting.com has reasonable grounds to suspect that Your
information is inaccurate, not current, false, misleading or
incomplete, samshosting.com has the absolute right, in its sole
discretion, to terminate its Services and close Your account. |
3. PRIVACY.
|
| You can view samshosting.com's Privacy
Policy
here , which is incorporated herein by reference, as it is
applicable to all samshosting.com Software and Services. The
Privacy Policy provides Your rights and samshosting.com's
responsibilities with regard to Your personal information.
samshosting.com will not use Your information in any way
inconsistent with the purposes and limitations provided in the
Privacy Policy. |
4. ACCOUNT
SECURITY.
|
| You agree You are entirely responsible
for maintaining the confidentiality of Your customer
number/login, password, credit card number, and shopper PIN
(collectively, the "Account Access Information"). For security
purposes, samshosting.com recommends that You change Your
password and shopper PIN every six (6) months, for every
samshosting.com account, subject to samshosting.com's password
and PIN guidelines. You agree You are entirely responsible for
any and all activities that occur under Your account. You agree
to notify samshosting.com immediately of any unauthorized use of
Your account or any other breach of security. You agree
samshosting.com will not be liable for any loss that You may
incur as a result of someone else using Your Account Access
Information, either with or without Your knowledge. You further
agree You could be held liable for losses incurred by
samshosting.com or another party due to someone else using Your
Account Access Information. You should keep Account Access
Information in a secure location and take precautions to prevent
others from gaining access to Your Account Access Information.
You agree that You will be responsible for all activity in Your
account, whether initiated by You, or by others on Your behalf,
or by any other means. samshosting.com specifically disclaims
liability for any activity in Your account, whether authorized
by You or not. |
5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
|
| As a condition of Your use of
samshosting.com's Software and Services, You agree not to use
them for any purpose that is unlawful or prohibited by these
terms and conditions, and You agree to comply with any
applicable local, state, federal and international laws,
government rules or requirements. You agree You will not be
entitled to a refund of any fees paid to samshosting.com if, for
any reason, samshosting.com takes corrective action with respect
to Your improper or illegal use of its Services.
samshosting.com reserves the right at all times to disclose any
information as samshosting.com deems necessary to satisfy any
applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in samshosting.com's sole
discretion. If You have purchased Services,
samshosting.com has no obligation to monitor Your use of the
Services. samshosting.com reserves the right to review Your use
of the Services and to cancel the Services in its sole
discretion. samshosting.com reserves the right to terminate Your
access to the Services at any time, without notice, for any
reason whatsoever. samshosting.com reserves the right
to terminate Services if Your usage of the Services results in,
or is the subject of, legal action or threatened legal action,
against samshosting.com or any of its affiliates or partners,
without consideration for whether such legal action or
threatened legal action is eventually determined to be with or
without merit. samshosting.com may review every account for
excessive space and bandwidth utilization and to terminate or
apply additional fees to those accounts that exceed allowed
levels. Except as set forth below, samshosting.com
may also cancel Your use of the Services, after thirty (30)
days, if You are using the Services, as determined by
samshosting.com in its sole discretion, in association with spam
or morally objectionable activities. Morally objectionable
activities will include, but not be limited to: -
activities designed to defame, embarrass, harm, abuse, threaten,
slander or harass third parties;
- activities prohibited by
the laws of the United States and/or foreign territories in
which You conduct business;
- activities designed to
encourage unlawful behavior by others, such as hate crimes,
terrorism and child pornography;
- activities that are
tortuous, vulgar, obscene, invasive of the privacy of a third
party, racially, ethnically, or otherwise objectionable;
-
activities designed to impersonate the identity of a third
party;
- illegal access to other computers or networks (i.e.,
hacking);
- distribution of Internet viruses or similar
destructive activities;
- activities designed to harm or use
unethically minors in any way; and
- activities associated
with the sale or distribution of prescription medication without
a valid prescription.
Notwithstanding anything to the
contrary herein, in the event samshosting.com cancels Your
Services during the first thirty (30) days after You purchase
the Services, You will receive a refund of any fees paid to
samshosting.com in connection with the Services being cancelled.
In the event samshosting.com deletes Your Services because they
are being used in association with spam or morally objectionable
activities, no refund will be issued. You agree You will not be
entitled to a refund of any fees paid to samshosting.com if, for
any reason, samshosting.com takes corrective action with respect
to Your improper or illegal use of its Services. |
6. NO SPAM; LIQUIDATED DAMAGES.
|
| You agree samshosting.com may
immediately terminate any account which it believes, in its sole
discretion, is transmitting or is otherwise connected with any
spam or other unsolicited bulk email. In addition, if actual
damages cannot be reasonably calculated then You agree to pay
samshosting.com liquidated damages of $1 for each piece of spam
or unsolicited bulk email transmitted from or otherwise
connected with Your account, otherwise You agree to pay
samshosting.com's actual damages. You acknowledge You have read
and understand and agree to be bound by the terms and conditions
of samshosting.com's Anti-Spam Policy, available
here . Such terms and conditions are applicable to the use
of all samshosting.com Software and Services and are
incorporated herein. |
7. INTELLECTUAL PROPERTY.
|
| You agree that samshosting.com or its
licensor holds all rights, title and interest in all Software
and Services and all intellectual property, including other
rights related to intangible property, unless otherwise
indicated. You acknowledge that no title or interest in such
Intellectual Property Rights is being transferred to You and You
agree to make no claim of interest in any such Services or
Software. You understand and agree that all content and
materials contained in this Agreement, other policies, the
samshosting.com web site, and any affiliated web sites, are
protected by the various copyright, patent, trademark, service
mark and trade secret laws of the United States, as well as any
other applicable proprietary rights and laws, and that
samshosting.com or its licensor expressly reserves its rights in
and to all such content and materials. You further understand
and agree that You are prohibited from using, in any manner
whatsoever, any of the content or materials described above
without the express written permission of samshosting.com or its
licensor. No license or right under any copyright, patent,
trademark, service mark or other proprietary right or license is
granted to You or conferred upon You by this Agreement or
otherwise. |
8. USE OF
samshosting.com SOFTWARE.
|
| If You have licensed software from
samshosting.com, samshosting.com grants You a limited,
non-exclusive, nontransferable and non-assignable license to use
the software for such purposes as are ordinary and customary.
You are free to use the software on any computer, but not on two
(2) or more computers at one time. You agree to not
alter or modify the Software. You agree You are not authorized
to combine the Software with any other software program, create
derivative works based upon the Software, nor are You authorized
to integrate any plug-in or enhancement which uses or relies
upon the Software. You further agree not to reverse engineer,
decompile or otherwise attempt to uncover the source code.
samshosting.com reserves all rights to the Software. The
Software and any copies You are authorized to make are the
intellectual property of samshosting.com. The source code and
its organization are the exclusive property of samshosting.com
and the Software is protected by copyright, including United
States Copyright Law. Except as expressly provided for in this
section, this Agreement does not grant You any rights in the
Software and all rights are reserved by samshosting.com.
samshosting.com PROVIDES THIS SOFTWARE "AS IS" WITHOUT
WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. |
9. FEES AND PAYMENT.
|
| As consideration for the Software or
Services purchased by You and provided to You by
samshosting.com, You agree to pay samshosting.com at the time
You order. All fees are due immediately and are non-refundable
unless otherwise expressly noted, even if Your Services are
suspended, terminated, or transferred prior to the end of the
Services term. samshosting.com expressly reserves the right to
modify pricing through email notification and/or notice on its
web site. Payment may be made by You by providing either a valid
credit card, an online check, a personal check, gift card,
except as prohibited in any product specific agreement,
including but not limited to Auctions Membership, Discount
Domain Club, Domain Buy Service, Domain Name Back Ordering,
Domain Name Monitoring, Power Content Plans, Investor's Edge and
Cash Parking, or using samshosting.com's prepaid service Good as
Gold, (“Prepaid Services”) to establish a cash reserve for
charge by samshosting.com (collectively, the "Payment Method").
Your Prepaid Services account may be funded by a money order or
a personal check under as further described, below. Your Payment
Method on file must be kept valid if You have any active
products in Your account. If You signed up for a
monthly payment plan, Your monthly billing date will be
determined based on the day of the month You purchase the
Services unless that date falls after the 28th of the month, in
which case Your billing date will be the 28th of each month. If
You signed up for an annual (or longer) payment plan, and You
elected the automatic renewal option, samshosting.com will
automatically renew Your Services when they come up for renewal
and will take payment from the Payment Method You have on file
with samshosting.com, at samshosting.com's then current rates.
If for any reason samshosting.com is unable to charge Your
Payment Method for the full amount owed samshosting.com for the
Services provided, or if samshosting.com is charged a penalty
for any fee it previously charged to Your Payment Method, You
agree that samshosting.com may pursue all available remedies in
order to obtain payment. If You pay by credit card and if for
any reason samshosting.com is unable to charge Your credit card
with the full amount of the Services provided, or if
samshosting.com is charged back for any fee it previously
charged to the credit card You provided, You agree that
samshosting.com may pursue all available remedies in order to
obtain payment. You agree that among the remedies
samshosting.com may pursue in order to effect payment, shall
include but will not be limited to, immediate cancellation
without notice to You of any domain names or Services registered
or renewed on Your behalf. samshosting.com reserves the right to
charge a reasonable administrative fee for administrative tasks
outside the scope of its regular Services, including additional
costs that it may incur in providing the Services and pass along
to You. These include, but are not limited to, customer service
issues that cannot be handled over email but require personal
service, fees incurred by third parties You have elected to use
as payment methods, including PayPal and Certegy, Inc., and
disputes that require legal services. These charges will be
billed to the Payment Method we have on file for You. You may
change Your Payment Method at any time by logging into Your
Account Manager. You agree that You are solely
liable for arranging that Your Services are renewed, and that
samshosting.com shall not be liable to You or any third party if
it is unable to charge Your Payment Method in order to renew
Your Services. While all transactions are processed in
US dollars, samshosting.com may provide an estimated conversion
price to currencies other than US dollars. You acknowledge and
agree that the pricing displayed during the checkout process is
an estimate. Due to potential slight time delays between actual
purchase and the payment settlement, the actual price charged
may fluctuate. samshosting.com makes no representations or
warranties that the estimated price will be the same or
substantially similar to the actual price You will pay and You
waive any and all claims based upon any discrepancy between the
estimate and the actual price and the price paid and any
subsequent refund. In addition, you may be charged VAT, GST or
other localized taxes, based on the country indicated in Your
billing address section. Any amounts to be charged will appear
during the checkout process. |
a. Good as Gold Prepaid Services
|
| Service Details. By using
samshosting.com's Prepaid Services, You can transfer funds to
samshosting.com in advance and use the balance of Your Prepaid
Services Account ("Account") as You please. You can use Your
Account to purchase any of the Software or Services of
samshosting.com. As consideration for the Services purchased by
You and provided to You by samshosting.com, You agree to pay
samshosting.com in advance for the Services to be provided.
Payment is to be made by You providing either a valid credit
card, wire transfer, a money order, or personal check. All money
orders will be delayed ten (10) days until the money is
credited, which may delay Your usage of the product or Services,
and any money order that does not clear will result in a $25
processing fee. Personal checks may only be used for payments of
$100 or more, and may not be made for less than the amount
required at purchase. Personal checks under $1,000 are subject
to the same processing fees as wire transfers. All personal
checks will be delayed fourteen (14) days until the money is
credited, which may delay Your usage of the Software or
Services. You agree that if the EFT or bank draft is returned
unpaid, You will pay a service charge of $25.00 or the maximum
amount allowed by law, which may be debited from Your account
using an EFT or bank draft. You can verify the
remaining funds in Your Account at any time by logging in to
Manage Your Account or through the shopping cart on the
samshosting.com web site. Should You decide to terminate Your
Account and seek a refund of Your Prepaid Services, Your refund
will be made by check net of any discounts, including, but not
limited to, reduced or waived wire transfer fees and/or the Cash
Discount. You acknowledge that funds transferred to
Your Account will be held in an account by samshosting.com,
which will not accrue or pay interest for Your benefit. To the
extent interest may accrue, if any, You understand and agree
that samshosting.com shall be entitled to receive and keep any
such amounts to cover costs associated with the Prepaid
Services. You acknowledge that all transactions using
Prepaid Services will be conducted in U.S. Dollars and that it
is Your responsibility to arrange for foreign currency
translations prior to funding Your Account. Wire transfers
received by samshosting.com in foreign currencies will be
returned and You will be responsible for the cost of returning
such funds. Your Account must be funded on an initial basis with
no less than one hundred dollars ($100.00), paid in U.S. funds.
You agree that You will be responsible for all wire transfer
fees, both incoming and outgoing, associated with Your Account.
Any non-U.S. wire transfers may be subject to fees by either
Your bank, intermediary banks or samshosting.com's bank, which
may reduce the amount of the money received by samshosting.com's
bank and subsequently funded into Your Prepaid Good as Gold
Account. Customers funding a Good as Gold Account who wire
$1,000 or more shall not be subject to a $20 wire transfer
processing fee from samshosting.com. You hereby expressly give
samshosting.com permission to reduce Your Account by the amount
of wire transfer fees samshosting.com incurs in order to receive
Your funds. All fees are subject to change and will be updated
online in this Agreement. Prepaid Services Accounts
will receive a 2% discount on purchases (the "Cash Discount") .
The Cash Discount will be reflected in Your Account balance.
Thus, purchases will reduce the balance of Your Account by 98%
of the total purchase price of each transaction. For example, if
Your Account is funded with an initial amount of $100.00 and You
make a $10.00 purchase, Your Account will be reduced by only
$9.80. samshosting.com reserves the right to discontinue or
change the Cash Discount at any time, without notice.
Your Use of Prepaid Services Use of funds in Your
Account can only be made through the samshosting.com purchase
process at samshosting.com's web site. Purchases may not be made
unless there are sufficient, available funds in Your Account at
the time of purchase to cover the entire purchase amount,
including any related fees as set forth herein or in other
relevant agreements. Additional funds may be added to
Your Account at any time. The minimum increment for funds
transfers is one hundred dollars ($100.00). You will be
able to access Your Account activity and records from the Manage
Your Account link on samshosting.com's web site. Your Account
will show purchases and the amount of funds remaining in Your
Account. samshosting.com reserves the right at all times to
disclose any information about Your Account as samshosting.com
deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part from
Your Account, in the sole discretion of samshosting.com.
Specific Representations and Warranties You agree that
samshosting.com makes no representations or warranties of any
kind in connection with Prepaid Services. samshosting.com
expressly reserves the right to deny, cancel or transfer any
Account that it deems necessary, in its discretion, to protect
the integrity and stability of the Prepaid Services system, to
comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with
any dispute resolution process, or to avoid any liability, civil
or criminal, on the part of samshosting.com, as well as its
affiliates, subsidiaries, officers, directors and employees.
samshosting.com also reserves the right to freeze an Account
during resolution of a dispute. |
b. Payment By Check
|
| By using samshosting.com's pay by check
option (“Pay By Check”), You can purchase samshosting.com
Software and Services using a personal check. In consideration
for the Software and Services purchased by You and provided to
You by samshosting.com, You agree to allow Certegy Check
Services, Inc. ("Certegy") to debit the full amount of this
transaction from Your checking account, which is non-refundable.
Certegy will create an electronic funds transfer (EFT) or bank
draft which will be presented to Your bank or financial
institution for payment from Your checking account. The checking
account must be at a financial institution in the United States,
and the check must be payable in U.S. dollars. It is
Your responsibility to keep Your checking account current, and
to have available funds in it. You agree that Certegy and
samshosting.com will not be responsible for payments that fail
to go through as a result of Your checking account no longer
existing, or holding insufficient funds. If for any reason
Certegy is unable to withdraw the full amount owed for the
Services provided, You agree that Certegy and samshosting.com
may pursue all available remedies in order to obtain payment.
You agree that if the EFT or bank draft is returned unpaid, You
will pay a service charge of $25.00 or the maximum amount
allowed by law, which may be debited from Your account using an
EFT or bank draft. The check may not be for less than
the full amount required at that time. Personal checks under
$1,000 are subject to the same processing fees as wire
transfers. All personal checks may be delayed up to fourteen
(14) days until the money is credited, which may delay Your
usage of the Software or Services. By clicking the box
labeled “I agree” to the terms of the Pay by Check terms, You
authorize the information provided to be used for the creation
of an electronic funds transfer (EFT) or bank draft, and You
authorize a debit of THE FULL AMOUNT of this order from Your
checking account. |
c. Pay by PayPal
|
| By using samshosting.com's pay by
PayPal, Inc. (“PayPal”) option (“Pay by PayPal”), You can
purchase samshosting.com Software and Services using PayPal. In
consideration for the Software and Services purchased by You and
provided to You by samshosting.com, You agree to allow PayPal to
debit the full amount of this transaction from Your PayPal
account balance or the Preferred Funding Source You established
with PayPal, which is non-refundable. It is Your
responsibility to keep Your PayPal Account current, to have
available funds in it and to have Your PayPal Account backed by
a valid credit card. You agree that PayPal and samshosting.com
will not be responsible for payments that fail to go through as
a result of Your Funding Source no longer existing, or holding
insufficient funds. If for any reason PayPal is unable to
withdraw the full amount owed for the Services provided, You
agree that PayPal and samshosting.com may pursue all available
remedies in order to obtain payment. You agree that if the
transaction is returned unpaid, You will pay a service charge of
$25.00 or the maximum amount allowed by law, which may be
debited from Your account by PayPal or charged to Your Preferred
Funding Source. By clicking the box labeled “I agree”
to the terms of the Pay by PayPal terms, You authorize the
information provided to be used for the creation of an
electronic funds transfer (EFT), and You authorize a debit of
THE FULL AMOUNT of Your order from Your PayPal Account or
Preferred Funding Source. |
10. REPRESENTATIONS AND WARRANTIES.
|
| You, or the individuals who
electronically execute this Agreement on behalf of You hereby
represent and warrant that they have the right, power, legal
capacity and appropriate authority to enter into this Agreement,
and that they own and have not transferred to any other person
or entity any of the rights, claims or interests that are the
subject of this Agreement. You represent and warrant that You
are 18 years of age or older, or that You have an agent
authorized by law to represent You who is 18 years of age or
older who is entering into this Agreement on Your behalf. You
warrant that each action You make is being done so in good faith
and that You have no knowledge of it infringing upon or
conflicting with the legal rights of a third party or a third
party's trademark or trade name. samshosting.com
expressly reserves the right to deny, cancel or transfer any
domain name registration that it deems necessary, in its
discretion, to protect the integrity and stability of the
registry, to comply with any applicable laws, government rules
or requirements, requests of law enforcement, in compliance with
any dispute resolution process, or to avoid any liability, civil
or criminal, on the part of samshosting.com, as well as its
affiliates, subsidiaries, officers, directors and employees.
samshosting.com also reserves the right to freeze a domain name
during resolution of a dispute. |
11. LIMITATION OF LIABILITY .
|
| IN NO EVENT SHALL
samshosting.com BE LIABLE TO YOU OR ANY OTHER PERSON FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR
PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY
MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF
CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES,
EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS
INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE
SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE,
EVEN IF
samshosting.com HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. Some states may not allow such a broad
exclusion or limitation on liability for damages as contained
herein. In such states, samshosting.com's liability is limited
to the full extent permitted by law. You agree that in no event
shall samshosting.com's maximum aggregate liability exceed the
total amount paid by You for the particular Software or Service
in dispute purchased from samshosting.com. |
12. DISCLAIMER OF WARRANTIES .
|
|
samshosting.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUCH SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
samshosting.com MAKES NO WARRANTY THAT ITS SERVICES WILL
MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS
WILL BE CORRECTED.
samshosting.com DOES NOT WARRANT, NOR MAKE ANY
REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE
SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. SOME JURISDICTIONS
DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH
EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. |
13. INDEMNIFICATION.
|
| You agree to defend, indemnify and hold
harmless samshosting.com and its contractors, agents, employees,
officers, directors, shareholders, and affiliates from any loss,
liability, damages or expense, including reasonable attorneys'
fees, resulting from any third party claim, action, proceeding
or demand related to Your (including Your agents affiliates, or
anyone using Your account, software or services with
samshosting.com whether or not on Your behalf, and whether or
not with Your permission) use of the Software or Services You
purchased from samshosting.com or Your breach of this Agreement
or incorporated agreements and policies. In addition, You agree
to indemnify and hold samshosting.com harmless from any loss,
liability, damages or expense, including reasonable attorneys'
fees, arising out of any breach of any representation or
warranty provided herein, any negligence or willful misconduct
by You, or any allegation that Your account infringes a third
person's copyright, trademark or proprietary or intellectual
property right, or misappropriates a third person's trade
secrets. This indemnification is in addition to any
indemnification required of You elsewhere. Should
samshosting.com be notified of a pending law suit, or receive
notice of the filing of a law suit, samshosting.com may seek a
written confirmation from You concerning Your obligation to
indemnify samshosting.com. Your failure to provide such a
confirmation may be considered a breach of this Agreement. You
agree that samshosting.com shall have the right to participate
in the defense of any such claim through counsel of its own
choosing. You agree to notify samshosting.com of any such claim
promptly in writing and to allow samshosting.com to control the
proceedings. You agree to cooperate fully with samshosting.com
during such proceedings. You agree to cooperate fully
with samshosting.com during such proceedings. You agree You will
not be entitled to a refund of any fees paid to samshosting.com
if, for any reason, samshosting.com takes corrective action with
respect to Your improper or illegal use of its Services. You
also agree that if samshosting.com is notified that a complaint
has been filed with a governmental, administrative or judicial
body, regarding a Site Analytics account of Yours with
samshosting.com, that samshosting.com, in its sole discretion,
may take whatever action samshosting.com deems necessary
regarding further modification, assignment of and/or control of
your account to comply with the actions or requirements of the
governmental, administrative or judicial body until such time as
the dispute is settled. |
14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
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| This Agreement shall be deemed entered
into in the State of Arizona. Except for disputes concerning the
user of a domain name registered with samshosting.com, You agree
that the laws and judicial decisions of Maricopa County,
Arizona, shall be used to determine the validity, construction,
interpretation and legal effect of this Agreement. You agree
that any action relating to or arising out of this Agreement
shall be brought in the courts of Maricopa County, Arizona. For
the adjudication of disputes concerning the use of any domain
name registered with samshosting.com, You agree to submit to
jurisdiction and venue in the U.S. District Court for the
District of Arizona located in Phoenix, Arizona. You
agree to waive the right to trial by jury in any proceeding that
takes place relating to or arising out of this Agreement. |
15. NOTICES.
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| You agree that all notices (except for
notices concerning breach of this Agreement) from
samshosting.com to You may be posted on our Web site. Notices
concerning breach will be sent either to the email or postal
address You have on file with samshosting.com. In either case,
delivery shall be deemed to have been made five (5) days after
the date sent. Notices from You to samshosting.com
shall be made either by email, sent to the address provided on
the samshosting.com web site, or first class mail to
samshosting.com's address at: samshosting.com Attn:
Legal Counsel 14455 North Hayden Rd., Suite 219
Scottsdale, AZ, 85260. |
16. HEADINGS.
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| The headings in the Agreement are
descriptive only and in the event of a conflict between a
heading and the underlying terms of this Agreement, the terms of
this Agreement shall control. |
17. ENTIRE AGREEMENT.
|
| You agree that this Agreement
including the policies and agreements it refers to (i.e. our
Dispute Resolution Policy, etc.) constitute the complete and
only Agreement between You and samshosting.com regarding the
Services contemplated herein. |
18. SEVERABILITY.
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| You agree that the terms of this
Agreement are severable. If any part of this Agreement is
determined to be unenforceable or invalid, that part of the
agreement will be interpreted in accordance with applicable law
as closely as possible, in line with the original intention of
both parties to the Agreement. The remaining terms and
conditions of the Agreement will remain in full force and
effect. |
19. WAIVER.
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| The failure of samshosting.com to
enforce any of the provisions within this Agreement or its
incorporated agreements and policies against You or others shall
not be construed to be a waiver of the right of samshosting.com
thereafter to enforce such provisions. |
20. FORCE MAJEURE.
|
| samshosting.com will make every effort
to keep its web site and Services operational. However, certain
technical difficulties and other factors outside of its control
may, from time to time, result in temporary service
interruptions. You agree not to hold samshosting.com liable for
any of the consequences of such interruptions. |
21. SURVIVAL.
|
| Sections 1, 7, 10, 12, 13, 14, 15,
16, 17, 18, 19, 20, 21 and 22 shall survive any termination or
cancellation of this Agreement. |
22. NO THIRD PARTY BENEFICIARIES.
|
| Nothing in this Agreement, express or
implied, is intended to confer upon any third party any rights,
remedies, obligations, or liabilities under or by reason of this
Agreement, except as expressly provided in this Agreement. |
B. SOFTWARE AND SERVICES SPECIFIC AGREEMENTS
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| If You purchase Services from
samshosting.com, the following Software and Services specific
agreements, specific to the Services you purchase or use, shall
apply and are incorporated within this Agreement in addition to
Sections 1-21: Domain Names
Change of Registrant Agreement
ConsoliDate
Domain Name Back Ordering and Monitoring Agreement
Domain Name Proxy ® Agreement
Domain Name Registration Agreement
Domain Name Transfer Agreement
Domain Transfer Validation Service Agreement
Parked Page Service Agreement
Premium Domain Name Agreement E-mail
Email Services User Agreement
Hosted Exchange Email End User License Agreement
WebMail End User License Agreement Web Site
Hosting
Ad Supported Hosting Service Agreement
Dedicated Hosting Agreement
Web Site and Virtual Dedicated Server Service Agreement
Web Site Creation
Website Tonight ® End User License Agreement
Design Services
Other Software and Services
Calendar End User License Agreement
Contact Manager (CRM) End User License Agreement
Deluxe Business Registration and Business Registration Service
Agreement
Domain Name Appraisal Service Agreement
Domain Ownership Protection Service Agreement
Express Email Marketing™ End User License Agreement
Fax Thru Email Service Agreement
Good As Gold End User License Agreement
Instant Mobilizer End User License Agreement
Online File Folder End User License Agreement
Photo Album Service Agreement
Quick Blogcast End User License Agreement
Quick Content Service Agreement
Quick Shopping Cart™ End User License Agreement
Search Engine Visibility End User License Agreement
Site Analytics Service Agreement
Site Survey End User License Agreement
Policies
Civil Subpoena Policy
Criminal Subpoena Policy
ICANN Transfer Dispute Resolution Policy
Permissions Policy
Privacy Policy
Spam Policy
Trademark and/or Copyright Infringement Policy
Uniform Domain Name Dispute Policy |
Revised: 8/27/2009
Copyright © 2005 - 2009 All Rights
Reserved.
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