HOSTING
AGREEMENT BETWEEN YOU AND SAITECHINFOSOFT, INC.
For Shared Web Hosting and Email Services
• General
1.01 These Terms of Service govern the use of the SaiTECHInfoSoft
website and its services. The term "SaiTECHInfoSoft"
is used to refer to SaiTECHInfoSoft, Inc. The term "account"
refers to the access, content, and services that SaiTECHInfoSoft
provides to its users.
1.02 By using the SaiTECHInfoSoft web site, hosting services,
any support services, any SaiTECHInfoSoft software, or any
other products or services of SaiTECHInfoSoft, you agree to
be bound by the terms of this Agreement. SaiTECHInfoSoft reserves
the right to change, amend and/or otherwise alter the SaiTECHInfoSoft
services with equivalent or otherwise equal services without
prior notice to you.
1.03 The terms contained herein supersede and replace any
other agreement or negotiation between you and SaiTECHInfoSoft,
whether oral, written or otherwise, including any statements
made to you by any representative of SaiTECHInfoSoft at any
time. Any amendments, changes, additions, deletions or other
modifications of this Agreement are void unless specifically
expressed in writing and agreed to by SaiTECHInfoSoft.
1.04 SaiTECHInfoSoft reserves the right to cancel any account,
including files and content, for any reason, or no reason
at all, at any time. You agree to maintain back-up files of
all information you post on SaiTECHInfoSoft and you agree
that SaiTECHInfoSoft will have no liability for removing any
data you have posted.
1.05 Subscribers to SaiTECHInfoSoft services must be at least
18 years of age or require the approval of the minor's legal
guardian.
• Domain Names and Registration Services.
2.01 At your request, SaiTECHInfoSoft may acquire a Second-Level
domain Name ("Domain Name"), on your behalf and
in your name, assuming that the Domain Name you request is
available for registration. SaiTECHInfoSoft will not own or
otherwise legally control any Domain Name registered on your
behalf under this Section. SaiTECHInfoSoft provides this service
as a convenience to you only and you hereby waive any and
all claims which you may have, or which may later arise, against
SaiTECHInfoSoft for any and all damages, losses, claims or
expenses arising or related to the acquisition, registration
and/or use of the Domain Name. Any costs incurred by SaiTECHInfoSoft
to obtain and/or maintain the Domain Name on your behalf shall
be charged to you by SaiTECHInfoSoft at an amount determined
by SaiTECHInfoSoft, at their sole discretion.
2.02 Before using a website under a Domain Name, SaiTECHInfoSoft
may list advertisements on the website for SaiTECHInfoSoft
services or for the products and services offered by business
partners of SaiTECHInfoSoft or by other third parties.
2.03 Domain Names may be registered by SaiTECHInfoSoft on
your behalf through a variety of Domain Name Registration
services (each a "Registrar"). Each Registrar has
its own terms and conditions concerning the registration and
maintenance of Domain Names and you agree to be bound thereby.
In particular, registration of Domain Names binds you to the
terms of the Uniform Domain Name Dispute Resolution Policy
("UDRP"), which governs the resolution of most disputes
regarding the registration of Domain Names.
2.04 You warrant to SaiTECHInfoSoft that any Domain Name you
may seek to register through SaiTECHInfoSoft does not violate
the rights of any third party, in particular trademark rights,
and that you have taken reasonable steps, including but not
limited to searches of the applicable state and federal trademark
registries, to assure that this is the case. You agree to
indemnify and hold harmless SaiTECHInfoSoft, its officers,
directors, employees and agents, with respect to any and all
damages, losses, claims or expenses incurred with respect
to or arising out of claims of third parties concerning your
use of any such Domain Name on the Internet.
2.05 You agree to inform SaiTECHInfoSoft of any proceeding
instituted by any party challenging your rights to use any
Domain Name hosted on SaiTECHInfoSoft servers, including but
not limited to disputes under the Uniform Domain Name Dispute
Resolution Policy ("UDRP"). Should you for any reason
lose your right to use a Domain Name hosted on the SaiTECHInfoSoft
Servers, through expiration of the registration of the Domain
Name, judicial decree, and or administrative decision under
the UDRP or otherwise, you agree to immediately inform SaiTECHInfoSoft
of such loss of rights. To the extent your loss of rights
to a Domain Name is accompanied by any judicial decree or
administrative decision granting rights to the Domain Name
to a third party, you agree to immediately inform SaiTECHInfoSoft
in writing of the identity of the party to whom such rights
are to be transferred, as well as of any other information
regarding the nature and scope of the decision of the judicial
body or administrative panel that rendered the decision.
2.06 You agree and understand that SaiTECHInfoSoft may, should
your rights to a Domain Name be challenged in any way, suspend
the SaiTECHInfoSoft services associated with such Domain Name
and take any other steps required under any such proceeding,
including but not limited to actions required under the UDRP.
In any such case, SaiTECHInfoSoft will take every reasonable
step to assure that no loss of data occurs as a result of
such actions and SaiTECHInfoSoft may make such data available
to you for storage elsewhere.
• Cancellations and Billing
3.01 Setup Fees are nonrefundable.
3.02 The initial term shall be as set forth in the Order Form
(the "Initial Term"). The Initial Term shall begin
upon commencement of the services to Customer. After the Initial
Term, this Agreement shall automatically renew. Additionally,
after the initial term, customer acknowledges, agrees and
authorizes SaiTECHInfoSoft to automatically bill and/or charge
their credit card for successive terms of equal length as
the initial term, unless terminated or cancelled by either
party as provided in this section. After the Initial Term,
this Agreement shall automatically renew at the current listed
fee. A list of current fees is available on the SaiTECHInfoSoft
website.
3.03 SaiTECHInfoSoft reserves the right to offer subsequent
promotional rates which may or may not be more favorable than
the terms under which you entered this agreement. Any such
periodic special rates shall not affect the then existing
right and responsibilities of each party. Promotional offers
and rates may not be combined.
3.04 To the extent that you qualify for any promotional rates
or special offers from SaiTECHInfoSoft, these terms and conditions
may be modified by the terms and conditions of the promotion
or special offer. In such a case, the terms and conditions
of the promotion, to the extent they differ from the terms
and conditions expressed herein, govern.
3.05 SaiTECHInfoSoft charges a non-refundable set up fee as
well as its periodic service fee which in some cases may be
refundable as further set forth elsewhere herein. SaiTECHInfoSoft
may also charge you for Domain service fees and specifically
reserves the right to institute additional charges upon notice
to you. SaiTECHInfoSoft reserves the right to alter, change,
amend or delete charges at its sole discretion. SaiTECHInfoSoft
further reserves the right to institute new services and charge
fees in association with the provision of such new services
as it deems appropriate.
3.06 Payment for all products and services is due in advance,
unless specifically stated otherwise in the offer or promotion
pursuant to which you have ordered or are ordering the SaiTECHInfoSoft
services. All payments shall be made in United States Dollars.
3.07 Payment by Credit Card: prior to activation of your user
account, and at any applicable time thereafter, you authorize
SaiTECHInfoSoft to charge the credit card provided by you
for the amount of the fees due for the agreed upon services
together with any applicable set-up charges, registration
fees, or any other charges outlined herein as may be applicable.
You further authorize SaiTECHInfoSoft to charge your credit
card for all subsequent period fees at, or a reasonable period
in advance of, the commencement of any such subsequent period.
Should you fail to provide credit card authorization to pay
for the coverage, SaiTECHInfoSoft, at its sole discretion
will have the right to suspend your account and/or terminate
it under section 3.08 hereof. Refusal or rejection of any
charge or any portion thereof is grounds for account suspension
and/or termination at the sole option of SaiTECHInfoSoft under
Article 16 herein.
3.08 The hosting services may be terminated by the following
methods:
(a) by either party by giving the other party thirty (30)
days prior written notice,
(b) by SaiTECHInfoSoft in the event of non-payment by Customer,
(c) by SaiTECHInfoSoft, at any time, without notice, if, in
SaiTECHInfoSoft's sole and absolute discretion and/or judgment,
Customer is in violation of any term or condition of the this
Agreement and related agreements, or Customer's use of the
services disrupts or, in SaiTECHInfoSoft's sole and absolute
discretion and/or judgment, could disrupt, SaiTECHInfoSoft's
business operations and/or
(d) by SaiTECHInfoSoft upon verbal request by Customer if
Customer provides satisfactory authorization and account verification.
(e) by SaiTECHInfoSoft in accordance with other cancellation
terms listed herein.
3.09 If a customer cancels their hosting service prior to
the end of the Initial Term or any Renewal Term thereafter:
(a) customer shall be obligated to pay all fees and charges
accrued prior to the effectiveness of such cancellation,
(b) Refunds of service fees will be made only for pre-payment
of service fees beyond the next renewal period following the
effective notice and termination of this agreement. All refunds
shall be pro-rated based upon the number of days for which
service remains unused as of that next renewal date. SaiTECHInfoSoft
may grant refunds under any other circumstance it deems appropriate
without waiving any other rights hereunder. There will be
no refunds of Domain service Fees. Fees paid for certain additional
services, including but not limited to services for extra
storage space, web mail tools or special groupware, are also
not refundable.
3.10 If SaiTECHInfoSoft cancels a customer's account prior
to the end of the Term for the customer's breach of the Terms
of Service and related agreements, the Customer's use of the
services will disrupt and SaiTECHInfoSoft shall not refund
to customer any fees paid in advance of such cancellation
with customer being obligated to pay all fees and charges
accrued prior to the effectiveness of such cancellation; further,
customer shall be obligated to pay 100% of all charges for
all services for each month remaining in the Term.
3.11 Upon termination of a customer's account for any cause
or reason whatsoever, neither party shall have any further
rights or obligations under these terms of service, except
as expressly set forth herein. Termination of a hosting Agreement
and retention of pre-paid fees and charges shall be in addition
to, and not be in lieu of, any other legal or equitable rights
or remedies to which SaiTECHInfoSoft may be entitled.
• Content
4.01 SaiTECHInfoSoft reserves the right to access and review
its user's content, files, or web pages for any reason at
its sole discretion.
4.02 SaiTECHInfoSoft does not preview the content of its users
and therefore all user content is provided "AS IS"
and without warranty of any kind by SaiTECHInfoSoft.
4.03 SaiTECHInfoSoft does not endorse any content contained
within it's user's pages.
4.04 SaiTECHInfoSoft will cooperate with all law enforcement
efforts pertaining or involving the use of SaiTECHInfoSoft's
user's web space, e-mail, and content. This may result in
SaiTECHInfoSoft disclosing all information given to SaiTECHInfoSoft
including but not limited to information contained in SaiTECHInfoSoft's
customer database records and servers.
• Inappropriate Content
5.01 Transmission, distribution, sale or storage of any material
in violation of any applicable law, regulation, ordinances,
or these guidelines is prohibited. SaiTECHInfoSoft reserves
the rights to restrict or prohibit any and all uses of the
services or content on your web site(s) and to remove such
material from its servers that SaiTECHInfoSoft determines
in its sole discretion is harmful to its servers, systems,
network, reputations, good will, other SaiTECHInfoSoft Customers,
or any third party.
5.02 The following non-exhaustive list details the kinds of
illegal or harmful or misappropriates conduct that is prohibited
under this agreement:
(a) Nudity, pornography, anything of a sexual, lewd, indecent
or of obscene nature.
(b) Violations of any copyright or any other right of any
third party, including, without limitation, material protected
copyright, trademark, patent, trade secret, or other intellectual
property right used without proper authorization.
(c) Threatening, abusive, harassing, harmful, defamatory,
invasive of privacy or publicity rights, abusive, inflammatory
or otherwise objectionable.
(d) Promotion of illegal activities (info on hacking, cracking,
making illegal devices, etc).
(e) Information, instructions, or software containing or about
any kind of virus.
(f) Hate speech or hate propaganda.
(g) Content that links to content that violates SaiTECHInfoSoft's
Terms of Service in any way.
(h) Misrepresentation of user's identity, or the impersonation
of anyone, including SaiTECHInfoSoft personnel.
(i) Collection of personal information for illegal purposes.
(j) Content that is deemed by SaiTECHInfoSoft, in its sole
discretion, to be harmful to SaiTECHInfoSoft, another company
or organization, or individual.
(k) Solicitation or sale of any products or services that
is harmful, illegal, dangerous, pornographic, or indecent.
(l) Use of SaiTECHInfoSoft servers or a link to SaiTECHInfoSoft
servers for spamming, bulk mail, web bombing, etc.
• Export Violations and CISG
6.01 SaiTECHInfoSoft does not permit the posting or sending
of software or technical information in violation of U.S.
export laws, including, without limitation, the Export Administration
Act and the Export Administration Regulations maintained by
the Department of Commerce.
6.02 The United Nations Convention on Contracts for the International
Sale of Goods (CISG) does not apply to this agreement.
• Harmful Content
7.01 Disseminating or hosting harmful content including, without
limitation, viruses, trojan horses, worms, time bombs, cancelbots
or any other computer programming routines that may damage,
interfere with, surreptitiously intercept or expropriate any
system, program, data or personal information.
• Fraudulent Conduct
8.01 Offering or disseminating fraudulent goods, services,
schemes, or promotions (i.e., make money fast schemes, chain
letters, pyramid schemes), or furnishing false data on any
signup form, contract or online application or registration,
or the fraudulent use of any information obtained through
the use of the services, including without limitation use
of credit card numbers.
8.02 You agree not to make or attempt any unauthorized access
to any SaiTECHInfoSoft website or the website of any SaiTECHInfoSoft
customer.
• Security Violations
9.01 Violations of SaiTECHInfoSoft's or any third party's
server, system or network security through the use of the
services are prohibited, and may result in criminal and civil
liability. SaiTECHInfoSoft may investigate incidents involving
such violations. SaiTECHInfoSoft may involve and cooperate
with law enforcement if a criminal violation is suspected.
Any violation by Customer of SaiTECHInfoSoft security will
be considered grounds for cancellation under section 3.00.
Examples of server, system or network security violations
include, without limitation, the following:
9.02 Example 1: Hacking. Unauthorized access to or use of
data, systems, server or networks, including any attempt to
probe, scan or test the vulnerability of a system, server
or network or to breach security or authentication measures
without express authorization of the owner of the system,
server or network.
9.03 Example 2: Interception. Unauthorized monitoring of data
or traffic on any network, server, or system without express
authorization of the owner of the system, server, or network.
9.04 Example 3: Intentional Interference. Interference with
service to any user, host or network including, without limitation,
mail bombing, news bombing, other flooding techniques, deliberate
attempts to overload a system, broadcast attacks and any activity
resulting in the crash of a host. Intentional interference
also means the use of any kind of program/script/command,
or sends messages of any kind, designed to interfere with
a user's terminal session, via any means, locally or by the
Internet.
9.05 Example 4: Falsification of Origin. Forging of any TCP-IP
packet header, e-mail header or any part of a message header.
9.06 Example 5: Avoiding System Restrictions. Using manual
or electronic means to avoid any use limitations placed on
the services such as timing out.
9.07 Example 6: Failure to Safeguard Accounts. Customer fails
to prevent access to the accounts, including any account passwords.
• Disallowed File Types
10.01 SaiTECHInfoSoft does not permit the following file types:
.cmd, and .bat.
• User Name Restrictions
11.01 SaiTECHInfoSoft user name restrictions are as follows:
(a) No vulgar or offensive language.
(b) No assumption of another person's identity.
(c) No use of a name that is an organization or entity other
than your own.
(d) No use of a name that is trademarked, copyrighted, service
marked, or violates the rights of another individual or organization.
• Account Usage
12.01 Customer's selection of unlimited data transfer from
their web Site, excludes transfer from any database server,
RealMedia server, or other audio/video streaming servers.
Customers may pay additional bandwidth fees for database server
or RealMedia, or other audio/video streaming server transfers
that exceed 10 GB, in the aggregate, during any calendar month.
Customer agrees to design their websites in such a manner
as to avoid overloading of SaiTECHInfoSoft Servers, by limiting
the use of code/applications that require overly high processor
capacity, and to use good judgment to provide a website that
is designed in a technically competent manner. SaiTECHInfoSoft
has the right, should the customer's website be the cause
of interruptions in SaiTECHInfoSoft's ability to provide its
services to other customers, to temporarily disable access
to the customer's website. In case SaiTECHInfoSoft takes such
a step, the customer will be informed thereof as soon as is
practicable and SaiTECHInfoSoft may work with customer to
remove the condition that led to the suspension.
12.02 To protect the legitimate Internet use of our Customers
across our system, SaiTECHInfoSoft may immediately suspend
service, without notice to any web site or Customer, for the
following uses:
Customers may not,
(a) Use the web site to store web pages, files or data for
other IP addresses or Domain Names, or as a repository for
files, data or "warez group" download transfer,
or
(b) Offer adult content.
12.03 SaiTECHInfoSoft may immediately suspend service, without
notice to any web site or Customer, any web site that in any
manner adversely affects the operations or performance of
other SaiTECHInfoSoft customers. In the event of any dispute
regarding the aforementioned rules, SaiTECHInfoSoft may determine
violations of these rules in its sole discretion.
12.04 Customers utilizing bandwidth, disk space or SQL usage
in excess of current plan limitations, or in violation of
these rules, will be subject to additional fees for the applicable
rate for the excess bandwidth, disk space or SQL space.
12.05 Customer agrees to not collect or attempt to collect
personally identifiable information of any person or entity
without their express written consent and you shall maintain
records of any such written consent throughout the terms of
this agreement and for three years thereafter.
• E-mail Communication
13.01 SaiTECHInfoSoft users agree to:
(a) Maintain a current email address in the SaiTECHInfoSoft
database. Failure to notify SaiTECHInfoSoft of an e-mail change
could result in the termination of your SaiTECHInfoSoft account.
(b) Receive emails about a product or service that might be
of interest from an advertiser.
(c) Receive updates, offers, notifications and newsletters
in email from SaiTECHInfoSoft.
(d) Check all of their email accounts in regular intervals
and to download the email stored therein in order to maintain
an acceptable data-transfer volume. SaiTECHInfoSoft may, should
the capacity of your email boxes be exceeded at any time,
return all subsequently received emails to the senders without
notice to the customer. All items left in the "Deleted"
or "Trash" folder on the mail server will be automatically
deleted after 30 days.
13.02 Customer may not use SaiTECHInfoSoft's mail server or
another web site's mail server to relay mail without the express
permission of the account holder or the web site. Posting
the same or similar message to one or more newsgroups (excessive
cross-posting or multiple-posting) also is explicitly prohibited.
• SPAM/Bulk/Unsolicited email Policy
14.01 SaiTECHInfoSoft users agree not to distribute, publish,
or send any of the following types of e-mail:
(a) Unsolicited promotions, advertising or solicitations (commonly
referred to as "spam"), including, without limitation,
commercial advertising and informational announcements, except
to those who have explicitly requested such e-mails.
(b) Harassing e-mail, whether through language, frequency,
or size of messages.
(c) Chain letters.
(d) UCE (Unsolicited Commercial E-mail), Bulk E-mail, advertising
or solicitations (commonly referred to as "spam").
SaiTECHInfoSoft reserves the right to decide what it considers
"spam", "UCE", "mail bombing",
or "bulk e-mail", and to determine from all of the
evidence whether or not the e-mail recipients were from an
"opt-in" e-mail list. Further, you agree to indemnify
and hold us harmless from any claim resulting from your use
or distribution of electronic mail services through the service
provided through this Agreement. Anyone using our services
for spamming will be immediately subject to a $250 cleanup/network
abuse fee.
(e) Unsolicited postings to newsgroups advertising any URL
(Domain) hosted by SaiTECHInfoSoft.
(f) Promoting any software program, product, or service that
facilitates the use of spam/bulk mail.
(g) E-mails containing forged or falsified information in
the header (including sender name and routing information),
or any other forged or falsified information.
14.02 Malicious e-mail, including without limitation "mail-bombing"
(flooding a user or web site with very large or numerous pieces
of mail) or "trolling" (posting outrageous messages
to generate numerous responses).
14.03 In addition, you may not use SaiTECHInfoSoft's mail
server or another Web site's mail server to relay mail without
the express permission of the account holder or the Web site.
Posting the same or similar message to one or more newsgroups
(excessive cross-posting or multiple-posting) also is explicitly
prohibited.
• Termination of Service
15.01 A partial list of the actions that may cause termination
of account:
(a) Purposely circumventing the receiving of emails
.
(b) Posting or providing links to content that violates these
Terms of Service.
(c) Using an account that is not yours or is inactive.
(d) Sending unsolicited (bulk, spam) email from or referencing
your space.
(e) Reproduction or use of another user's content without
permission.
(f) Reproduction of any SaiTECHInfoSoft.com content (CodeBank,
Forum Messages, Articles).
(g) Invalid e-mail address for correspondence with SaiTECHInfoSoft.
15.02 INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS, AND
ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF,
WILL BE CONSIDERED VIOLATIONS OF THE TERMS OF SERVICE BY YOU.
• Registration renewal
16.01 Renewal obligations. You are solely responsible for
ensuring that any and all domains and additional services
are renewed prior to their expiration, should you so desire
their renewal. You may renew your domain at any time before
the expiration date. SaiTECHInfoSoft shall have no liability
to you or any third party in connection with the renewal,
including, but not limited to, any failure or errors in renewing
the services.
You may be notified at SaiTECHInfoSoft's sole discretion when
renewal fees are due. Should these fees go unpaid within the
time specified in a notice or reminder regarding renewal,
your registration will be cancelled. Payment must be made
by such other method as we indicate in the renewal form. If
your billing information is not accurate, you are solely responsible
for the failure to renew.
16.02 Autorenewal. You agree that if you paid for any services
provided hereunder by credit card, you hereby authorize but
do NOT obligate, SaiTECHInfoSoft to automatically charge your
credit card and renew the applicable service(s) on or before
their renewal date using the credit card information you have
provided to SaiTECHInfoSoft, unless you notify SaiTECHInfoSoft
that you do not wish to participate in SaiTECHInfoSoft's automatic
renewal process. SaiTECHInfoSoft must receive notification
of your intent to not renew (opt-out) no earlier than thirty
(30) days prior to renewal date or on renewal date. In the
absence of such notification from you, SaiTECHInfoSoft will
automatically renew, for a period of one year, any domain
and/or SaiTECHInfoSoft's service that is up for renewal and
will charge the credit card you have on file with SaiTECHInfoSoft,
at SaiTECHInfoSoft's then current rates. You are solely responsible
for the credit card information you provide to SaiTECHInfoSoft
and must promptly inform SaiTECHInfoSoft of any changes thereto
(e.g., change of expiration date or account number). If the
credit card has expired or is otherwise invalid, you are solely
responsible for a failure to renew and SaiTECHInfoSoft shall
not be liable for your failure. If correct information is
not provided prior to the expiration date of the domain, your
registration will not be renewed.
16.03 Grace Period; Transfer of Expired Domain Names. You
agree that we may place our contact information in the WHOIS
output for any expired domain name, as the failure to renew
results in the immediate cancellation of registration and
loss of all rights to the domain name. Should you choose not
to renew your domain name during any applicable grace period,
you agree that we may, in our sole discretion, renew and transfer
the domain name to a third party on your behalf as an Expired
Domain Transfer ("ED Transfer"). Additionally, at
our discretion, you will be eligible, but not required, to
receive a portion of the funds received by us as a result
of an ED Transfer of your domain name, as follows: up to twenty-five
percent (25%) of the Net Proceeds received by us from the
third party as a result of an ED Transfer. You acknowledge
and agree that the ED Transfer process may be facilitated
through a single ED Transfer Customer, or through a brief
auction involving multiple parties who are interested in your
domain name. For purposes of this paragraph, "Net Proceeds"
shall mean the total fees paid to us by a third party as a
result of an ED Transfer, less any registry fees, credit card
charge-backs, processing and check fees, and other costs or
fees associated with the ED Transfer of the domain name. You
agree that we shall have no obligation to pay you, and you
shall have no right to receive any percentage of the Net Proceeds.
If we decide to make a payout, it will not complete unless,
within sixty (60) days after the expiration of the domain
name, you contact us AND provide us with the name, address
and related information requested by us (including, but not
limited to, a Form W-9, if applicable). We cannot guarantee,
and we make no representation or promise, that any ED Transfer
will occur with respect to your domain name.
16.04 New Customers through Namewinner and/or ED Transfers.
If you are registering a domain name that was registered with,
and not yet deleted by, SaiTECHInfoSoft at the time of your
purchase, you acknowledge and agree that the term of your
registration will be for a period of one year from the original
expiration date for the domain name immediately prior to your
purchase, as the registration is the result of an ED Transfer
(defined above). You will not be compensated for the inability
to use the domain from the time it was expired until the time
you are able to use the domain in your account. NOTE: Your
rights to the domain name are non-transferable to any neither
person nor Registrar for the first eighty (80) days of registration
from the date the domain expired, prior to purchase, without
notice, at SaiTECHInfoSoft's, discretion. In addition, it
is your responsibility to verify if any domain is infringing
anyone else's rights, prior to registration. If the domain
name you have registered is found to be infringing on another
person's rights, based solely on SaiTECHInfoSoft's discretion,
SaiTECHInfoSoft has the right to cancel your registration
immediately. If your rights are terminated, your sole remedy
will be limited to a prorated refund of the price paid to
us for the domain name. If it is a willful violation of our
agreement, you will not be entitled to any refund.
WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED
WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME. YOU
AGREE TO INDEMNIFY US FOR ANY ACTION COMMENCED BECAUSE OF
YOUR FAILURE TO FOLLOW THE TERMS OF THIS AGREEMENT AND INFORM
AND VERIFY THE ACCEPTANCE OF THIS AGREEMENT BY OTHER USERS
OF THE DOMAIN.
• Ownership of Intellectual Property and Confidentiality
17.01 It is understood and agreed that during the term of
this agreement and thereafter you may come into possession
of information which is the confidential and proprietary information
of SaiTECHInfoSoft including but not limited to the SaiTECHInfoSoft
customer service tools. You acknowledge that all right and
title to any such SaiTECHInfoSoft intellectual property shall
remain the sole property of SaiTECHInfoSoft and that you have
no right, title or interest therein. You further agree not
to provide access to the SaiTECHInfoSoft services to any third
party. Any and all right or title to any engineering, coding,
programming or customer service work around or other modification
of the SaiTECHInfoSoft services shall also remain the sole
property of SaiTECHInfoSoft.
17.02 During the term of this agreement you may have access
to certain information and materials relating to the SaiTECHInfoSoft
business, customers, software technology and marketing which
SaiTECHInfoSoft treats as confidential (hereinafter "Confidential
Information"). You agree to at all times during the term
of this agreement and otherwise as set forth herein: (i) hold
in confidence, and not disclose or reveal to any person or
entity, any "Confidential Information" without the
express prior written consent of SaiTECHInfoSoft; and (ii)
not use or disclose any of the "Confidential Information"
for any purpose at any time, other than pursuant to your rights
under this agreement for the purpose intended. These obligations
shall continue indefinitely for so long as the Confidential
Information is a trade secret under applicable law and shall
continue for three (3) years following termination of this
Agreement with respect to Confidential Information, which
does not rise to the level of a trade secret.
17.03 For purposes of this Article 17, Confidential Information
also includes passwords and access codes.
• Limitations of Liability
18.01 SAITECHINFOSOFT IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. SAITECHINFOSOFT 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.
18.02 SAITECHINFOSOFT MAKES NO WARRANTY THAT (i) SAITECHINFOSOFT
WILL MEET YOUR REQUIREMENTS OR THAT, (ii) SAITECHINFOSOFT
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF SAITECHINFOSOFT IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM SAITECHINFOSOFT SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN HEREIN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAITECHINFOSOFT SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF SAITECHINFOSOFT HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM SAITECHINFOSOFT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18.03 You agree to indemnify and hold SaiTECHInfoSoft, and
its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of any information or data
you post on SaiTECHInfoSoft your use of SaiTECHInfoSoft, your
violation of these Terms of Service, or your violation of
any rights of another.
18.04 These Terms of Service constitute the entire agreement
between you and SaiTECHInfoSoft and govern your use of SaiTECHInfoSoft,
superseding any prior agreements between you and SaiTECHInfoSoft.
You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party
content or third-party software. These Terms of Service and
the relationship between you and SaiTECHInfoSoft shall be
governed by the laws of the Commonwealth of Virginia. You
and SaiTECHInfoSoft agree to submit to the personal and exclusive
jurisdiction of the courts located within the Commonwealth
of Virginia. The failure of SaiTECHInfoSoft to exercise or
enforce any right or provision of these Terms of Service shall
not constitute a waiver of such right or provision.
• Severability
19.01 If any provision of these Terms of Service is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision,
and the other provisions of these Terms of Service remain
in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action
arising out of or related to use of the service or these Terms
of Service must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
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