Terms of Service Policy
ComptonMedia.Com Terms of Service Policy
If for any reason your are not satisfied with
the Hosting Services provided, we offer a full money back promise. Simply cancel
your Hosting Plan within the first thirty days of service and we will refund
your money.
ComptonMedia.Com Hosting Terms &
Conditions Agreement
1. Term and Payment for Services
2. Use of Services
3. Enforcement
4. Intellectual Property Rights
5. Warranty; Warranty Disclaimer
6. Limitation and Exclusion of Liability
7. Indemnification
8. Miscellaneous
You must accept the terms of this Agreement in
order to use the Services.
NOTWITHSTANDING, BY USING THE SERVICES, YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES
INCORPORATED BY REFERENCE.
ComptonMedia.Com Hosting reserves the right to
change or modify any of the terms and conditions contained in this Agreement,
any Addendum and any policy or guideline incorporated by reference at any time
and from time to time in its sole discretion, and to determine whether and when
any such changes apply to both existing or future customers. Any changes or
modification will be effective upon posting of the revisions on the ComptonMedia.Com
Hosting Web site (the "Site"). Your continued use of Services
following ComptonMedia.Com Hosting 's posting of any changes or modifications will
constitute your acceptance of such changes or modifications.
This Agreement shall be for an "Initial
Term" as chosen by you in the Order Form located on this Site at the time
you register for the Services. This Agreement will be automatically renewed (the
"Renewal Term") at the end of the Initial Term for the same period as
the Initial Term unless you provide ComptonMedia.Com Hosting with notice of
termination thirty (30) days prior to the end of the Initial Term or the Renewal
Term.
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) ComptonMedia.Com Hosting will not refund to you any fees paid in
advance of such termination and (b) you shall be required to pay 100% of
ComptonMedia.Com Hosting'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
ComptonMedia.Com Hosting in the manner described in Section 1.1. ComptonMedia.Com Hosting
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 ComptonMedia.Com
Hosting terminates this Agreement, ComptonMedia.Com Hosting will refund to you the
pro-rata portion of prepaid fees attributable to Services (excluding setup fees)
not yet rendered as of the termination date unless otherwise expressly provided
in this Agreement. If termination was enforced to due violations that result in
damages or fees assigned to ComptonMedia.Com Hosting on your behalf, no refunds shall
apply and you will be held liable for such fees.
In the event that either party hereto defaults
in the performance of any of its material duties or obligations under this
Agreement, including failure to make any payments due under this Agreement, and
such default is not cured within five (5) days after written notice is given to
the defaulting party specifying the default, then the party not in default,
after given written notice thereof to the defaulting party, may terminate this
Agreement.
You agree to pay for all charges attributable
to your use of the Services at the then current ComptonMedia.Com Hosting prices,
which shall be exclusive of any applicable taxes. You are responsible for the
payment of all federal, state, and local sales, use, value added, excise, duty
and any other taxes assessed with respect to the Services, other than taxes
based on ComptonMedia.Com Hosting's net income.
All charges for Services must be paid in
advance according to the then current prices applicable to the Services. Upon
entering this Agreement, you must choose to pay either by direct charge to a
credit or debit card. If you choose to pay by credit or debit card upon
registering for the Services, you thereby authorize ComptonMedia.Com Hosting to
charge your credit or debit card to pay for any charges that may apply to your
account. You must notify ComptonMedia.Com Hosting 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 ComptonMedia.Com Hosting from charging your account. ComptonMedia.Com Hosting may
also create periodic invoices for any applicable Supplemental Charges associated
with your use of the Services. You agree to pay to ComptonMedia.Com Hosting the
amount indicated in each invoice by the due date reflected on that invoice. If
you fail to pay any fees and taxes by the applicable due date for credit card or
invoice payments, late charges of the lesser of one and one-half per cent (1.5%)
per month or the maximum allowable under applicable law but at no time less than
$15 shall also become payable by you to ComptonMedia.Com Hosting . In addition, your
failure to fully pay any fees and taxes within five (5) days after the
applicable due date will be deemed a material breach of this Agreement, and
ComptonMedia.Com Hosting may, in addition to any other remedy it may have: (i)
suspend its performance of the Services and/or terminate this Agreement; and/or
(ii) At the time of such nonpayment, ComptonMedia.Com may, delete any and all content
from the ComptonMedia.Com Servers. Any such suspension or termination of the Services
would not relieve you from paying past due fees plus interest. In the event of
collection enforcement, you will be liable for any costs associated with such
collection, including, without limitation, reasonable attorneys' fees, court
costs and collection agency fees.
The ComptonMedia.Com Hosting Acceptable Use Policy
(the "Usage Policy") govern the general policies and procedures for
use of the Services. The Usage Policy is posted on ComptonMedia.Com Hosting's Web
site (or such other location as ComptonMedia.Com Hosting 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. ComptonMedia.Com Hosting RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT
FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.
Unless we have agreed otherwise in a separate
agreement, you must ensure that all material and data placed on ComptonMedia.Com
Hosting's equipment is in a condition that is "server-ready," which is
in a form requiring no additional manipulation by ComptonMedia.Com Hosting .
ComptonMedia.Com Hosting will make no effort to validate any of this information for
content, correctness or usability. If your material is not
"server-ready", ComptonMedia.Com Hosting has the option at any time to
reject this material. ComptonMedia.Com Hosting 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 ComptonMedia.Com Hosting . 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 ComptonMedia.Com
Hosting 's responsibility to provide this knowledge or customer support outside
of the Services agreed to by you and ComptonMedia.Com Hosting .
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. Data
stored in your user account on a ComptonMedia.Com Server is not owned by ComptonMedia.Com
Hosting; therefore Data preservation is the ultimate responsibility of you, the
client. ComptonMedia.Com Hosting is in no way responsible for the client’s data and
or the backup of that data.
ComptonMedia.Com Hosting 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. ComptonMedia.Com Hosting 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.
ComptonMedia.Com Hosting 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, ComptonMedia.Com Hosting 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 ComptonMedia.Com Hosting '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 ComptonMedia.Com Hosting which, in ComptonMedia.Com Hosting 's
sole discretion, may violate or infringe any law or third-party rights or which
otherwise exposes or potentially exposes ComptonMedia.Com Hosting to civil or
criminal liability or public ridicule. It is ComptonMedia.Com Hosting 's policy to
terminate repeat infringers. ComptonMedia.Com Hosting's right to take corrective
action, however, does not obligate us to monitor or exert editorial control over
the information made available for distribution via the Services. If ComptonMedia.Com
Hosting takes corrective action due to such possible violation, ComptonMedia.Com
Hosting shall not be obligated to refund to you any fees paid in advance of such
corrective action.
To comply with applicable laws and lawful
governmental requests, to protect ComptonMedia.Com Hosting 's systems and customers,
or to ensure the integrity and operation of ComptonMedia.Com Hosting 's business and
systems, ComptonMedia.Com Hosting 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 ComptonMedia.Com Hosting's
servers and systems. ComptonMedia.Com Hosting 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.
You hereby grant to ComptonMedia.Com Hosting 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
ComptonMedia.Com Hosting 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.
All materials, including but not limited to any
computer software (in object code and source code form), data or information
developed or provided by ComptonMedia.Com Hosting or its suppliers or agents pursuant
to this Agreement, and any know-how, methodologies, equipment, or processes used
by ComptonMedia.Com Hosting 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
ComptonMedia.Com Hosting or its suppliers, including but not limited to any software
programs, inventions, products and/or technology innovations and methodologies
utilized, developed, or disclosed by ComptonMedia.Com Hosting 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.
You hereby grant to ComptonMedia.Com Hosting a
limited right to use your trademarks, if any, for the limited purpose of
permitting ComptonMedia.Com Hosting to fulfill its duties under this Agreement. This
is not a trademark license and no other rights relating to the trademarks are
granted by this Agreement. Specifically, but without limitation, the rights
granted by this Agreement do not include the right to sub-license use of your
trademarks or to use your trademarks with any other products or services outside
the scope of the Services provided under this Agreement. The limited trademark
use rights granted under this section terminate upon termination of this
Agreement.
ComptonMedia.Com Hosting is not responsible in any
manner for any non-confirming Services to the extent caused by you or your
customers. In addition, ComptonMedia.Com Hosting is not responsible for loss or
corruption of data in transmission, or for failure to send or receive data due
to events beyond ComptonMedia.Com Hosting's reasonable control.
ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY
ComptonMedia.Com Hosting UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR
IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT
ComptonMedia.Com Hosting EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY
FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH ComptonMedia.Com Hosting's
COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. ComptonMedia.Com
Hosting DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY
WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK
INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS
IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT
LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ComptonMedia.Com Hosting DOES NOT
MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY
REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE
SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES
WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.
You warrant, represent, and covenant to
ComptonMedia.Com Hosting that (a) you are at least eighteen (18) years of age or are
a duly organized and validly existing entity; (b) you possess the legal right
and ability to enter into this Agreement; (c) you will use the Services only for
lawful purposes and in accordance with this Agreement and all applicable
policies and guidelines; (d) you will be financially responsible for the use of
your account; (e) you have acquired or will acquire all authorization(s)
necessary for hypertext links to third-party Web sites or other content; (f) you
have verified or will verify the accuracy of materials distributed or made
available for distribution via the Services, including, without limitation, your
content, descriptive claims, warranties, guarantees, nature of business, and
address where business is conducted, and (g) your content and/or any software
that you install or provide does not and will not infringe or violate any right
of any third party (including any intellectual property rights) or violate any
applicable law, regulation or ordinance.
IN NO EVENT SHALL ComptonMedia.Com Hosting HAVE ANY
LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR
DESTRUCTION OF INFORMATION PROVIDED TO ComptonMedia.Com Hosting , DISTRIBUTED OR MADE
AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. ComptonMedia.Com Hosting SHALL HAVE NO
LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY,
SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF ComptonMedia.Com Hosting HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF
ComptonMedia.Com Hosting TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE
LIMITED TO THE AMOUNT ACTUALLY PAID TO ComptonMedia.Com Hosting 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 ComptonMedia.Com Hosting UNDER THIS AGREEMENT HAVE BEEN
AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU
HEREBY RELEASE ComptonMedia.Com Hosting 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.
You hereby acknowledge and agree that
ComptonMedia.Com Hosting will not be liable for any temporary delay, outages or
interruptions of the Services. Further, ComptonMedia.Com Hosting 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).
You hereby acknowledge and agree that
ComptonMedia.Com Hosting reserves the right to temporarily suspend services for the
purposes of maintaining, repairing, or upgrading its systems and network.
ComptonMedia.Com Hosting will use best efforts to notify you of pending maintenance
however at no time is under any obligation to inform you of such maintenance.
You will defend, indemnify and hold harmless
ComptonMedia.Com Hosting and its officers, directors, shareholders, employees,
consultants, agents, affiliates and suppliers (an "Indemnitee") from
any and all threatened or actual claims, demands, causes of action, suits,
proceedings (formal or informal), losses, damages, fines, penalties,
liabilities, costs and expenses of any nature, including attorneys' fees and
court costs, sustained or incurred by or asserted against any Indemnitee by any
person, firm, corporation, governmental authority, partnership or other entity
by reason of or arising out of or relating to: (i) your violation or breach of
any term, condition, representation or warranty of this Agreement or any
applicable policy or guideline; (ii) your conduct, including but not limited to
your negligence, gross negligence, or willful misconduct; (iii) your use of the
Services, including any improper or illegal uses; (iv) any claim by a former
employee of yours whose employment has been or may be terminated in connection
with or as a result of the execution of this Agreement and performance of the
Services by ComptonMedia.Com Hosting ; or (v) any claim relating to your services or
products, or your installation and/or use of any third-party software, including
but not limited to advertising, product liability claims or infringement of any
trademark, copyright, patent, trade secrets or nonproprietary right of a third
party (including, without limitation, defamation, libel, or violation of privacy
or publicity).
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.
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.
THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF
THE UNITED STATES AND THE COMMONWEALTH OF VIRGINIA, WITHOUT REFERENCE TO RULES
GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT
IN THE FEDERAL OR STATE COURTS LOCATED IN VIRGINIA, AND YOU IRREVOCABLY CONSENT
TO THE JURISDICTION OF SUCH COURTS.
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.
No Third-Party Beneficiaries ComptonMedia.Com
Hosting 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.
You may not transfer or assign your rights,
duties, or obligations under this Agreement without ComptonMedia.Com Hosting's prior
written consent. ComptonMedia.Com Hosting 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.
ComptonMedia.Com Hosting's failure to enforce the
strict performance of any provision of this Agreement will not constitute a
waiver of ComptonMedia.Com Hosting's right to subsequently enforce such provision or
any other provisions under this Agreement.
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.
All provisions of this Agreement relating to
your warranties, intellectual property rights, limitation and exclusion of
liability, your indemnification obligations and payment obligations shall
survive the termination or expiration of this Agreement.
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