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This
Services Agreement ("Agreement") governs your purchase and use, in any
manner, of all Web site hosting services provided by NetLiance Corporation of
Carlsbad, CA ("NetLiance") as described in the NetLiance sales literature
and web site (the Services), ordered by you and accepted by NetLiance,
and describes the terms and conditions that apply to such purchase and use of
the Services. If you have registered for other services such as Web Site Maintenance,
Domain Name Management, List Server/Email Marketing, Web Analytics, Search Engine Services or other services not specfied, then the term Services
also includes those services as well so that this Agreement will govern your purchase
and use of all Services unless covered separately by another writing. Your purchase
and use of Web Site Maintenance,
Domain Name Management, List Server/Email Marketing, Web Analytics, Search Engine Services or other services not specfied may also be governed by terms and conditions set forth from time-to-time
specifically for the respective service.
You must accept the terms of this Agreement in order to use the Services. BY ORDERING
OR REGISTERING FOR AND 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. NetLiance reserves
the right to change or modify any of the terms and conditions contained in this
Agreement, the 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 NetLiance
Web site (the "Site"). NetLiance will post a notice of such changes
or modifications to this Agreement or the Addendum on the Site for thirty (30)
days. NetLiance may post changes or modifications to referenced Acceptable Use
Policies without notice to you. Your continued use of Services following NetLiance's
posting of any changes or modifications will constitute your acceptance of such
changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT (OR
ADDENDA AS THEY APPLY TO YOU), DO NOT ORDER THESE SERVICES. IF YOU DO NOT AGREE
TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY
NOTIFY NetLiance OF YOUR TERMINATION OF THIS AGREEMENT.
1.
TERM AND PAYMENT FOR SERVICES
1.1. Term. This Agreement shall be for an "Initial Term" as chosen by
you during the ordering process, and verified on your invoice. 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 NetLiance
with notice of termination thirty (30) days prior to the end of the Initial Term
or the Renewal Term. You must provide NetLiance with your notice of termination
in writing by mail or fax (http://ww.netliancecorp.com/contact.html), or as otherwise
provided by this Agreement. You will be asked to provide NetLiance with sufficient
customer identification information so that NetLiance may properly identify you
and your account. Any notice of termination will be effective following thirty
(30) days after NetLiance's receipt thereof.
1.2.
Termination Policy. 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)
NetLiance will not refund to you any fees paid in advance of such termination
and (b) you shall be required to pay 100% of NetLiance'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 NetLiance in the manner described in Section 1.1. NetLiance may
terminate this Agreement at any time and for any reason by providing to you written
notice thirty (30) days prior to the date of termination. If NetLiance terminates
this Agreement, NetLiance will refund to you the pro-rata portion of pre-paid
fees attributable to Services (excluding setup fees) not yet rendered as of the
termination date unless otherwise expressly provided in this Agreement.
1.3
Default and Cure. 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
fifteen (15) 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.
1.4.
Charges. You agree to pay for all charges attributable to your use of the Services
at the then current NetLiance 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 incurred by you with
respect to your use of the Services.
1.5.
Payment. 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, or receive an
invoice and submit subsequent payment.
If you choose to pay by credit or debit card upon registering for the Services,
you thereby authorize NetLiance to charge your credit or debit card to pay for
any charges that may apply to your account. You agree that NetLiance may accumulate
any supplemental charges, incurred by you in your use of the Services ("Supplemental
Charges") until such charges exceed $10.00 and then charge your account.
You must notify NetLiance 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 NetLiance from charging
your account.
If you choose to be invoiced upon registration for Services, NetLiance will send
an invoice to you for the Services applicable to the period for which you have
registered for the Services. NetLiance may also send periodic invoices to you
for any applicable Supplemental Charges associated with your use of the Services.
You agree to pay to NetLiance the amount indicated in each invoice by the due
date reflected on the invoice. If you fail to pay any fees and taxes within ten
(10) days from applicable due date for credit card or invoice payments, late charges
of the lesser of two per cent (2.0%) per month or the maximum allowable under
applicable law shall also become payable by you to NetLiance. In addition, your
failure to fully pay any fees and taxes within 1 day after the applicable due
date will be deemed a material breach of this Agreement, justifying NetLiance's
suspension of its performance of the Services and/or termination of this Agreement.
You are responsible for any fees associated with reinstatement of Services. Any
such suspension or termination 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.
2.
USE OF SERVICES
2.1. Applicable Use Policy. The NetLiance
Acceptable Use Policy (the "Usage Policy") govern the general policies
and procedures for use of the Services. The Usage Policy is posted on NetLiance's
Web site (or such other location as NetLiance 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.
NetLiance RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE
USAGE POLICY OR THIS AGREEMENT.
2.2.
Material and Product Requirements. Unless we have agreed otherwise in a separate
agreement, you must ensure that all material and data placed on NetLiance's or
it's suppliers' equipment is in a condition that is "server-ready,"
which is in a form requiring no additional manipulation by NetLiance. NetLiance
will make no effort to validate any of this information for content, correctness
or usability. If your material is not "server-ready", NetLiance has
the option at any time to reject this material. NetLiance 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 NetLiance. 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 NetLiance's responsibility to provide
this knowledge or customer support outside of the Services agreed to by you and
NetLiance.
2.3.
Bandwidth and Storage Usage. 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.
3.
ENFORCEMENT
3.1. Investigation of Violations. NetLiance 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. NetLiance 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, or to diagnose
and correct service-related problems.
3.2.
Actions. NetLiance 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, NetLiance 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 NetLiance'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 NetLiance
which, in NetLiance's sole discretion, may violate or infringe any law or third-party
rights or which otherwise exposes or potentially exposes NetLiance to civil or
criminal liability or public ridicule. It is NetLiance's policy to terminate repeat
infringes. NetLiances 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 NetLiance takes corrective action due to
such possible violation, NetLiance shall not be obligated to refund to you any
fees paid in advance of such corrective action.
3.3.
Disclosure Rights. To comply with applicable laws and lawful governmental requests,
to protect NetLiance's systems and customers, or to ensure the integrity and operation
of NetLiance's business and systems, NetLiance 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 NetLiance's servers and systems. NetLiance
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.
4.
INTELLECTUAL PROPERTY RIGHTS
4.1. Your License Grant to NetLiance. You hereby grant to NetLiance 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 NetLiance 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.
4.2.
NetLiance Materials and Intellectual Property. All materials, including but not
limited to any computer software (in object code and source code form), data or
information developed or provided by NetLiance or its suppliers or agents pursuant
to this Agreement, and any know how, methodologies, equipment, or processes used
by NetLiance 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 NetLiance or its suppliers,
including but not limited to any software programs, inventions, products and/or
technology innovations and methodologies utilized, developed, or disclosed by
NetLiance 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.
4.3.
Trademarks. You hereby grant to NetLiance a limited right to use your trademarks,
if any, for the limited purpose of permitting NetLiance 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 sublicense 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.
5.
DOMAIN
NAME SELECTION AND TRANSFER
5.1 NetLiance cannot and does not check to see whether the domain name you, the
registrant, select or use infringes upon the legal rights of others. We urge you
to investigate whether the domain name you select or use in anyway infringes upon
the legal rights of others, and, in particular, we suggest you seek advice of
competent counsel. You may wish to consider seeking one or more trademark registrations
in connection with your domain name. You agree that you are aware that there is
the possibility we might be ordered by a court to cancel, modify, or transfer
your domain name. You further agree that you will hold us unconditionally harmless
and indemnify us in the event of any action taken against us by any party with
regard to your domain name.
5.2
All Domain Registration fees payable are non-refundable unless otherwise stated
in writing. As further consideration for the Services, you, the registrant, agree
to: (1) provide certain current, complete and accurate information about you as
required by the registration process and (2) maintain and update this information
as needed to keep it current, complete and accurate.
All
such information shall be referred to as account information ("Account Information").
Account Information represents that the statements in its application are true
and that the registration of the selected Domain Name, so far as the Registrant
is aware, does not interfere with or infringe upon the rights of any third party.
The Registrant also represents that the Domain Name is not being registered for
any unlawful purpose. Maintenance of any domain name account information will
be within the terms and upon the conditions of the
then-current policies of NetLiance and the policies of ICANN and the various registrars
used by NetLiance.
5.3
You, the registrant, are fully responsible and liable for any and all activities
associated with using a domain name, including but not limited to its registration,
renewals, transfers, corrections, updating contact information, etc. You, the
registrant, must initiate and confirm any and all actions made to a domain record
and correct any problems in a timely manner. NetLiance reserves the right to use
any registrar of its choosing to fulfill the requests made of NetLiance by you
with regard to registering, transferring, or renewing or modifying any information
associated with a domain name.
5.4
Hosting your domain on one of our servers may require the transfer of your domain
from another hosting company. You are responsible for completing the necessary
forms and actions for this transfer. Assistance can be provided by NetLiance on
a fee basis.
5.5
All the domain name related disputes will be resolved based on the ICANN
Uniform Dispute Resolution Policy ("Dispute Policy") as amended
from time to time.
6.
WARRANTY;WARRANTY DISCLAIMER
6.1. Customer and/or Third Party Acts. NetLiance is not responsible in any
manner for any nonconforming Services to the extent caused by you or your customers.
In addition, NetLiance is not responsible for loss or corruption of data in transmission,
or for failure to send or receive data due to events beyond NetLiances reasonable
control.
6.2.
No Express or Implied Warranty. ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY
NetLiance UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY
IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT NetLiance EXERCISES
NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION
PASSING THROUGH NetLiance's COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR
THE INTERNET. NetLiance DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL
BE UNINTERRUPTED OR ERROR-FREE. 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, NetLiance 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, TRADE SECRET OR TRADEMARK INFRINGEMENT.
6.3
Your Warranties and Representations to NetLiance. You warrant, represent, and
covenant to NetLiance 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 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.
7.
LIMITATION AND EXCLUSION OF LIABILITY
7.1. Limitations. IN NO EVENT SHALL NetLiance HAVE ANY LIABILITY FOR UNAUTHORIZED
ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE
AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS
OR DEVICES. NetLiance SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE
FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF
NetLiance HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE
LIABILITY OF NetLiance TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL
BE LIMITED TO THE AMOUNT ACTUALLY PAID TO NetLiance 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 NetLiance UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON
THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE NetLiance 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.
7.2.
Interruption of Service. You hereby acknowledge and agree that NetLiance will
not be liable for any temporary delay, outages or interruptions of the Services.
Further, NetLiance 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).
8.
INDEMNIFICATION
You will defend, indemnify and hold harmless NetLiance 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 improper or illegal use of the Services; (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 NetLiance; or (iii) any claim relating to your services or
products, including but not limited to advertising, product liability claims or
infringement of any trademark, copyright, patent, trade secrets or non-proprietary
right of a third party (including, without limitation, defamation, libel, or violation
of privacy or publicity).
9.
MISCELLANEOUS
9.1 Confidentiality. 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.
9.2.
Notices. 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.
9.3.
Choice of Law and Forum. THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE UNITED
STATES AND THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, WITHOUT REFERENCE TO
RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE
BROUGHT IN THE COURTS LOCATED STATE OF NEW YORK, COUNTY OF MONROE, AND YOU IRREVOCABLY
CONSENT TO THE JURISDICTION OF SUCH COURTS.
9.4.
Entire Agreement. 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.
9.5.
No Fiduciary Relationship; No Third-Party Beneficiaries. NetLiance 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.
9.6.
Assignments. You may not transfer or assign your rights, duties, or obligations
under this Agreement without NetLiance's prior written consent. NetLiance 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.
9.5.
No Waiver. NetLiance's failure to enforce the strict performance of any provision
of this Agreement will not constitute a waiver of NetLiance's right to subsequently
enforce such provision or any other provisions under this Agreement.
9.7.
Severability. 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.
9.8.
Survival. 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.
INFORMATION
FOR CALIFORNIA RESIDENTS
Under
California Civil Code Section 1789.3, California residents entitled to the following
specific consumer rights information:
Pricing Information. Current rates for using NetLiance's Services
may be obtained by going to the pricing schedule on our web site at http://www.netliancecorp.com.
NetLiance Corporation reserves the right to change fees, surcharges, renewal fees
or to institute new fees at any time.
Complaints.
The Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 1020 N. Street,
#501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
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