If requested by Customer, Connection Group at its expense shall cooperate with Customer in registering the Domain Name with Network Solutions. Customer shall own all right, title and interest in and to the Domain Name and all Intellectual Property Rights related thereto upon payment. Connection Group shall be listed as Customer’s project liaison as the administrative, technical and billing contact.
Customer shall have sole control over the Content unless a request or agreement is made with Connection Group. Connection Group shall not supplement, modify or alter any Work Product which has been accepted by Customer or any Content (other than modifications strictly necessary to upload the Content to the Website) except with Customer’s prior written consent. Connection Group shall also permit Customer to electronically transmit or upload Content directly to the Website.
During the period that Connection Group provides web hosting services, Customer hereby grants to Connection Group a non-exclusive, non-sublicenseable, royalty-free, worldwide license to reproduce, distribute, publicly perform, publicly display and digitally perform the Content and Work Product only on or in conjunction with the Website. Customer grants no rights other than explicitly granted herein, and Connection Group shall not exceed the scope of its license.
Subject to the terms and conditions of this Agreement, each party hereby grants to the other party a limited, non-exclusive, non-sublicenseable, royalty-free, worldwide license to use such party’s trademarks, service marks, trade names, logos or other commercial or product designations (collectively, “Marks”) for the purposes of creating content directories or indexes and for marketing and promoting the Website. The trademark owner may terminate the foregoing license if, in its sole discretion, the licensee’s use of the Marks does not conform to the owner’s standards. Title to and ownership of the owner’s Marks shall remain with the owner. The licensee shall use the Marks exactly in the form provided and in conformance with any trademark usage policies. The licensee shall not form any combination marks with the other party’s Marks. The licensee shall not take any action inconsistent with the owner’s ownership of the Marks and any benefits accruing from use of such Marks shall automatically vest in the owner.
Any attempt to undermine or cause harm to a server, or Client, of ours is strictly prohibited. This includes, but is not limited to, attempting to gain access to password files other than Client’s own, attempting to gain unauthorized access to other accounts on Client’s server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund.
The Client will use the web hosting services in a manner consistent with all local, provincial and federal regulations and laws. We reserves the right to suspend or cancel the Client’s access to any or all services provided by us when we decide that their account has been inappropriately used.
The following content and activities may not be displayed or promoted by the Client nor associated in any way with the Client’s account or Connection Group’ services. The Provider shall be the sole arbiter as to what constitutes violation of this provision.
Unauthorized Use of Other People’s Accounts or Computers
We will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a Client, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Abuse of Unlimited Traffic and/or Unlimited Storage
To maintain the integrity of our services, the following limitations apply to all sites owned by the Client and without an imposed limit on monthly traffic volume and/or storage space:
1. The site cannot be used as offsite storage for electronic files (storing files not linked to any page of the site).
2. The site cannot be used as a download center (more than 50% of traffic arises from file downloads).
3. The site should not contain scripts running from their domain used on other domain.
Web sites that are found to violate the above limitations are subject to warning, suspension or cancellation at the discretion of our management. We will be the sole arbiter as to what constitutes a violation of this provision.
All accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changes. All pricing is guaranteed for the term of pre-payment. We reserve the right to change prices at any time. Any account not brought current within 7 days of e-mail notice or exceeding this time frame in any way is subject to suspension. The Client is responsible for all money owed on the account from the time it was established to the time that the Client notifies us in writing for a request for termination of services. Email notification will be sent to the Client prior to their hosting renewal date. The Client is responsible to reimburse Connection Group all bank charges caused by returned checks and declined credit card payments as well as the outstanding amount. Connection Group reserves the right to bill the Client for special handling fees.
The Client may terminate this agreement upon thirty (30) days written notice to Connection Group either by email or fax. The Provider may immediately terminate this Agreement for cause at any time without penalty. Causes justifying immediate termination include, but are not limited to: violation of any foreign, federal, state, or local law; non-payment of fees due; breach of this Agreement. The Provider may terminate this Agreement without cause at any time upon thirty (30) days written notice to the Client.
Limitation of Liability
The Client agrees that neither the primary service Provider nor backend service Provider will be liable for any
1. suspension or loss of the services, except to the limited extent that a remedy is provided under this agreement;
2. interruption of business;
3. access delays or access interruptions to the website(s) provided through or by the services;
4. loss or liability resulting from acts of god;
5. data non-delivery, mis-delivery, corruption, destruction or other modification;
6. events beyond the control of the primary service Provider or backend service Provider; or
7. loss or liability resulting from the unauthorized use or misuse of their account identifier or password.
The Client further agrees that neither the primary service Provider nor backend service Provider will be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, regardless of whether or not either the primary service Provider or backend service Provider have been advised of the possibility of such damages. In no event shall the maximum aggregate liability of either the primary service Provider or the backend service Provider exceed the total amount paid by the Client for the services for a one-month period, but in no event greater than one hundred dollars ($100.00). Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such provinces, the liability of the primary service Provider and/or backend service Provider shall be limited to the maximum extent permitted by law.
The Client agrees to release, indemnify, and hold the primary service Provider and backend service Provider, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to their use of the services or arising under this agreement, including without limitation, infringement by the Client or someone else using their computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any term or condition of this agreement. When either the primary service Provider and/or backend service Provider may be involved in a suit involving a third party and which is related to the services under this agreement, either the primary service Provider and/or backend service Provider may seek written assurances from the Client in which they promise to indemnify and hold such parties harmless from the costs and liabilities described in this paragraph. Such written assurances may include the posting of performance bonds or other guarantees. Their failure to provide such assurances may be considered a breach of this agreement by the Client. The Client agrees that the backend service Provider shall not be liable for the actions, inactions, negligence, or intentional misconduct of the primary service Provider. The Client acknowledges and agrees that neither the primary service Provider nor the backend service Provider are agents for one another. The Client agrees that they shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, our agents, our Clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, their agents, employees or assigns. The Client agrees to defend, indemnify and hold us harmless against liabilities arising out of:
1. any injury to person or property caused by any products sold or otherwise distributed in connection with our servers;
2. any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement and
4. any defective products sold to Client from our servers.
Disclaimer of Warranties
Neither the primary service Provider nor backend service Provider make any representations nor warranties of any kind whatsoever, express or implied, in connection with this agreement or the services, including but not limited to warranties of merchantability or fitness for a particular purpose, unless such representations and warranties are not legally excludable. Client understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at their own discretion and risk and that they will be solely responsible for any damage to the Client’s computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by the Client from either the primary service Provider or backend service Provider shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to the Client.