SELECTNET INTERNET SERVICES
TERMS AND CONDITIONS OF SERVICE
Effective Date: July 1, 2003
Revised December 22, 2004
This Agreement is made and entered between SelectNet Internet Services, a division
of Pearl Technologies, Inc., a California Corporation (hereinafter called SelectNet),
and the customer (hereinafter called Customer) and supersedes any other written or oral
agreement or understanding. The following Terms and Conditions shall apply to the
provision and use of the products and services (individually a "Service" and collectively the
"Services") provided pursuant to a SelectNet Internet Services order form, submitted electronically
via SelectNet's MostlyHosting.com Web site at http://www.mostlyhosting.com, or via U.S. Mail, Facsimile, or
hand-delivered. SelectNet may amend these Terms and Conditions at any time and post
them on its Web site (http://www.mostlyhosting.com) indicating the effective date thereof.
Your submittal of an order for service, or your continued use of SelectNet's service(s)
after an updated posting, shall be deemed to be your acceptance of any such modifications.
The use of SelectNet's services is subject to the following Terms and Conditions:
Orders for Service and Service Date. All orders for service are subject to acceptance
by SelectNet. An order will be deemed accepted by SelectNet when
confirmation of the order is sent to Customer. SelectNet may refuse to accept
any order, or delay acceptance, awaiting completion of conditions SelectNet may
choose to exercise. The Service Date shall be the date any SelectNet services
ordered under this Agreement are first available for use by Customer. Customer
understands and acknowledges that certain services require third-party involvement,
of which SelectNet has no control, and Service Date may be delayed or postponed,
or services as included in this Agreement or Order Form may be unavailable
to Customer. SelectNet shall endeavor to provide Customer with reasonable
notice by telephone, e-mail or fax of any intent to delay or decline the
acceptance of any order, or if third-parties have notified SelectNet of
any delays or changes in available service.
Customer Use of Services. Customer agrees that SelectNet's services may
only be used for lawful purposes. Any use of the services that violates
any local, state, provincial, federal or international law is prohibited.
Customer also agrees that use of the services shall be in accordance with
SelectNet's Acceptable Use Policies, applicable Domain Name Registration Agreements and
Domain Name Dispute Policies, and others, which are posted on its Web site (http://www.select.net)
and modified from time to time. It is Customer's responsibility to monitor all policies
regularly to determine whether the policies have been modified. If changes
have been made, and if Customer does not agree with any policy change, Customer
must immediately stop using SelectNet's services and notify SelectNet of the
cancellation of service.
Term. The Term shall be as shown on the Order Form and shall begin
on the Service Date. In any case, the minimum length of term for services
shall be 1 month.
Renewal. The Agreement shall renew automatically for identical successive
terms and for the same fees unless either party provides notification of
non-renewal at least ten (10) days prior to the end of the current term to
avoid being charged for the next billing cycle.
Changes.SelectNet reserves the right to change these Terms and Conditions,
its services, fees, and order forms at any time, however, the service fees stated
on the Agreement or Order Form shall remain in effect during the term of the
Agreement. (If Customer has prepaid for services, the service fees stated on
the Agreement or Order Form shall remain in effect for the period that Customer
has prepaid.) Increases in fees, if any, shall become effective for the successive
term. Customer may elect not to accept any increase in fees, at which time
Customer may decide, at its sole discretion, to cancel this Agreement and
Payment of Fees.The accounting cycle begins on the Service Date.
Customer agrees to pay for the Services rendered by
SelectNet in advance of the time period for which the Services are to be provided.
Payment of Initial Fees (or Setup Fees) and the Service Fee for the first billing
period shall accompany the Agreement or Order Form for Service. SelectNet
shall not be obligated to provide or initiate any Services until this initial
payment has been received.
Payment for additional Web site storage or
traffic shall be invoiced each month and is due and
payable according to the terms stated on the invoice. SelectNet has no
obligation to warn Customer regarding traffic or storage overages.
Interruption of Services, Accounting Hold, and Cancellation for Nonpayment.
Services may be interrupted if any fees are delinquent, or if Customer engages
in any conduct or activities which SelectNet in its sole discretion believes
breaches any of the terms of this Agreement. Delinquent services are those that
remain unpaid 5 days beyond the due date. Any delinquent services will
be suspended ("accounting hold") and may not be used. If payment is not received within 7 days of being
suspended, the service is placed in an "inactive" state, and Customer must
pay a $15 fee to re-activate the service. If the service remains unpaid for 30 days past the due date,
the service and any Customer files or data will be removed from the SelectNet servers.
In the event SelectNet instigates any legal action to collect any sums owed
by customer, SelectNet shall be entitled to an award of reasonable attorney
fees and costs incurred by SelectNet in connection with such legal action,
if a judgment in SelectNet's favor is entered in the legal action. An
interruption of service does not relieve Customer of its obligation to
continue to pay Service fees. This Agreement is cancelable by SelectNet
if Customer fails to pay any amount payable under this Agreement on the
date that such amount is due and payable.
Cancellation. The Agreement is cancelable by Customer upon payment of
all past-due fees and fees due for the remainder of the current term.
The request to cancel this Agreement must be in writing at least ten (10)
days prior to the end of the current term. Customer may send cancellation
request via an e-mail message to firstname.lastname@example.org, by postal mail,
or by fax. Upon receipt of notice of cancellation, SelectNet shall send
written confirmation via e-mail, which shall indicate the effective date
of cancellation. If Customer does not receive this e-mail confirmation
within 2 business days, please call SelectNet and speak to a representative.
Taxes. SelectNet shall not be liable for any taxes or other fees to be
paid in accordance with or related to purchases made from Customer's or
SelectNet's server(s). Customer agrees to take full responsibility for
all taxes and fees of any nature associated with any such products or
Assignment. Customer shall not, without prior written consent of SelectNet
(which shall not be unreasonably withheld) assign, transfer or in any other
manner dispose of, and of its rights, privileges, or obligations under
Disclaimer; Compliance. Customer acknowledges that SelectNet does not and
cannot control the content, quality or accuracy of information available
through its system or over the Internet in general, and any use of such
information is at Customer's own risk. By using SelectNet's services, Customer
agrees to comply with the terms and conditions stated herein or otherwise
generally provided by SelectNet to Customer from time to time.
Domain Names. Customer acknowledges and agrees that domain name(s) registered through
OpenSRS or Enom by SelectNet or used by customers for SelectNet's services are subject to the respective registrar's
Registration Agreement and any use policies applicable for the type of domain name(s), and, notwithstanding anything
to the contrary contained herein, it is expressly understood and agreed by the
Customer and SelectNet that the Uniform Domain Name Dispute Resolution Policy
as approved and adopted by the Internet Corporation for Assigned Names and Numbers
(ICANN) is hereby incorporated by reference in this Services Agreement and is
legally binding on the Customer and SelectNet with respect to all registrations
in the .com, .net and .org. top level domains.
Customer agrees to pay all fees charged by the issuing registrar relating to such
domain name(s), and hereby irrevocably waives any claims it may have against
SelectNet in respect of any decision of a naming authority to refuse to register
a domain name and, without limitation, the Customer acknowledges and agrees that
any administration or other charge paid by the Customer in respect of the
registration of the domain name is non- refundable in any event.
The first time Customer applies to use SelectNet's domain name registration,
administration, and renewal services, Customer will be asked to select a User name and
password. That User name and password are the means through
which Customer accesses certain Services. Please safeguard the User name and password from any
unauthorized use. Customer acknowledges and agree that in no event will SelectNet Internet Services be liable for the unauthorized use or
misuse of Customer's User name or password.
SelectNet considers the entity named as the administrative contact for the domain name
at the time the controlling User name and password are secured to be the registrant of that domain name.
Customer acknowledges that SelectNet is not responsible for the actions taken by
OpenSRS, Enom, ICANN or the issuing registrar and, therefore, SelectNet makes no
representations, guarantees or warranties regarding: (1) the ability to obtain
or to continue to use any particular domain name; (2) the use of such domain name
by Customer not infringing on any third party rights; or (3) the ability to resolve
any domain name into its associated Internet Protocol ("IP") address(es). Any domain
name registered by SelectNet on behalf of Customer is the property of said Customer or as may be
otherwise stipulated by that domain registrar.
SelectNet claims no ownership over Customer's domain names. Customer agrees that
SelectNet may be presented with information that Customer's domain name possibly
violates the trademark rights or other intellectual property rights of a trademark
or owner. In case of such action, Customer agrees to the following:
(i) Customer agrees to hold SelectNet harmless of any action taken by such owner
regardless of the outcome of such dispute and regardless of whether Domain Name
Service hosting for Customer's domain is continued at SelectNet.
(ii) Customer agrees that SelectNet has the right to discontinue name service in
the event of such dispute over a Customer's domain name.
(iii) Customer agrees that should SelectNet discontinue name service for Customer's
domain upon notification of such dispute that SelectNet will not be liable for any
loss of business, interruption of business, loss of Customer's domain name, or 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, even if SelectNet has been advised of the possibility
of such damages.
Customer agrees that a SelectNet contact person shall be named as the "technical
or zone contact" for any domains hosted at SelectNet. Customer agrees that SelectNet
may create and use network resources with the Customer's domain name for
administrative, testing, and network infrastructure enhancement purposes.
Customer agrees that, if Customer is using the Services for someone else, Customer represent that Customer has
the authority to nonetheless bind that person as a principal to all terms and conditions provided herein,
including the Dispute Policy. Customer accepts liability for harm caused by wrongful use of the Services.
Customer agrees that if Customer licenses the use of a domain name registered in Customer's name to a third party, Customer
nonetheless remain the domain name holder of record, and remains responsible for all obligations under
this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary)
both Customer's own full contact information, and accurate technical, administrative, billing and zone contact
information adequate to facilitate timely resolution of any problems that arise in connection with the domain
name and domain name registration. As further required by ICANN, Customer shall accept liability for harm caused
by wrongful use of the domain name, unless Customer promptly discloses the identity of the licensee to a party providing
Customer with reasonable evidence of actionable harm.
E-Mail. SelectNet provides e-mail services either as a standalone product or bundled
with other services. E-mail may be handled by SelectNet servers or outsourced to a third-party
supplier, and may have its functionality changed from time-to-time. Unless explicitly stated
otherwise, any new features that augment or enhance the e-mail service provided to Customer by
SelectNet shall be subject to these Terms and Conditions of Service. Customer understands
and agrees that neither SelectNet nor its suppliers assume responsibility for the timeliness,
deletion, mis-delivery, non-delivery or failure to store or accurately store, any
user communications, addresses or personalization settings. Customer is responsible for
obtaining access to the e-mail service and that access may involve fees to SelectNet or
other third-party fees (Internet Service Provider or airtime charges). Customer must provide
and is responsible for all equipment necessary to access the e-mail service.
In consideration of Customer's use of the e-mail service, Customer agrees to: (a) provide true, accurate,
current and complete information about Customer as prompted by the Application for Service (such information being
the "Subscription Data"); and (b) maintain and promptly update the Subscription Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or incomplete, or
SelectNet or its suppliers have reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, SelectNet or its suppliers have the
right to suspend or terminate your account and refuse any and all current or future use of
the e-mail service (or any portion thereof).
SelectNet is concerned about the safety and privacy of all its users, particularly
children. For this reason, parents who wish to allow their children access to the e-mail service
should assist them in setting up any relevant accounts and supervise their access to the
e-mail service. Allowing a child access means they will be able to access all components of
the e-mail service. As the legal guardian, it is Customer's responsibility to determine whether any of
the e-mail services and/or Content (as defined below) which may be delivered to
Customer, is appropriate for Customer's child.
Subscription Data and certain other information about Customer is subject to our Privacy
Customer will receive a password and account designation upon completing the e-mail service
subscription process. Customer is responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all activities that occur under Customer's
password or account. Customer agrees to (a) immediately notify SelectNet of any
unauthorized use of Customer's password or account or any other breach of security, and (if
applicable); and (b) ensure that Customer exits from Customer's account at the end of each session.
SelectNet, and its suppliers, cannot and will not be liable for any loss or damage
arising from Customer's failure to comply with any of Customer' responsibilities related to the e-mail service.
Customer understands that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), transmitted over the e-mail service,
are the sole responsibility of the person from which such Content originated. This means
that Customer, and not SelectNet, is entirely responsible for all Content that Customer sends,
posts, e-mails, transmits or otherwise makes available via the e-mail service. SelectNet does
not control the Content posted via the e-mail service and, as such, does not guarantee the
accuracy, integrity, quality or appropriateness of such Content for any particular viewer.
Customer understands that by using the e-mail service, Customer may be exposed to Content that is
offensive, indecent or objectionable, or which may contain viruses, and other destructive
elements. Under no circumstances will SelectNet or its suppliers be liable in any
way for any Content, including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the use or viewing
of any Content posted, e-mailed, transmitted or otherwise made available via the e-mail service.
Customer agrees to not use the e-mail service to:
(a) send, post, e-mail, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or
(b) harm minors in any way;
(c) impersonate any person or entity, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service;
(e) send, post, e-mail, transmit or otherwise make available any Content that Customer does
not have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
(f) send, post, e-mail, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
(g) send, post, e-mail, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of unauthorized solicitation, or
otherwise violate SelectNet's Acceptable Use Policy or Abuse Policy;
(h) send, post, e-mail, transmit or otherwise make available any material that contains
software viruses, worms or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, provincial, national
or international law, including, but not limited to, regulations promulgated by any
applicable securities commission or exchange, and any regulations having the
force of law; or
(k) "stalk" or otherwise harass another.
Customer acknowledges that SelectNet and its suppliers do not, and SelectNet acknowledges
that SelectNet and its suppliers shall not without cause, pre-screen Content, but
that SelectNet and its suppliers shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is available via the e-mail service. Without
limiting the foregoing, SelectNet and its suppliers shall have the right to remove
any Content that violates these Terms and Conditions of Service or is otherwise objectionable.
Customer agrees that Customer must
evaluate, and bear all risks associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content. In this regard, Customer
acknowledges that Customer may not rely on any Content created by SelectNet or
submitted to SelectNet.
Customer acknowledges and agrees that SelectNet (or its suppliers) may preserve Content
and may also disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce these Terms and Conditions of Service; (c) respond to claims that any Content
violates the rights of third parties;
or (d) protect the rights, property, or personal safety of SelectNet, its users
and the public.
Customer understands that the technical processing and transmission of the e-mail service, including
Customer's Content, may involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or devices.
Recognizing the global nature of the Internet, Customer agrees to comply with all local rules
regarding online conduct and acceptable Content. Specifically, Customer agrees to comply with
all applicable laws regarding the transmission of technical data exported from the country
in which Customer resides.
Customer agrees to indemnify and hold SelectNet and its suppliers, and SelectNet’s and its suppliers’ affiliates,
officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable legal fees, made by
any third party due to or arising out of Content Customer submits, posts, transmits or makes
available through the e-mail service, Customer's use of the e-mail service, Customer's connection to the e-mail service,
Customer's violation of these Terms and Conditions of Service, or Customer's violation of any rights of another.
Customer acknowledges that SelectNet or its suppliers, may establish general practices
and limits concerning use of the e-mail service, including without limitation, the maximum
number of e-mail messages that may be sent from or received by an account on the
e-mail service, the maximum size of any e-mail message that may be sent from or received by
an account on the e-mail service, and the maximum number of times (and the maximum
duration for which) Customer may access the e-mail service in a given period of time. Customer agrees
that SelectNet and its suppliers have no responsibility or liability for the deletion or
failure to store any messages and other communications or other Content maintained or
transmitted by the Service. Customer acknowledges that SelectNet and its suppliers
reserve the right to log off accounts that are inactive for an extended period of time. Customer
further acknowledges that SelectNet reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without notice.
SelectNet and its suppliers reserve the right at any time and from time to time to
modify, temporarily or permanently, the e-mail service (or any part thereof) with or without
notice. Customer agrees that SelectNet and its suppliers shall not be liable to Customer or to
any third party for any modification, suspension or discontinuance of the e-mail service which
may occur for routine maintenance, routine or extraordinary repairs, or the need to
respond to a virus or other attack on the system or using the system.
Customer agrees that SelectNet, in its sole discretion, may (or may instruct its suppliers
to), suspend or terminate Customer's password, account (or any part thereof) or use of the
e-mail service, remove and discard any Content within the e-mail service, deactivate or delete Customer's
account and all related information and files in Customer's account and/or bar any further access
to such files or the e-mail service, discontinue providing the e-mail service, or any part thereof,
with or without notice if SelectNet believes that Customer has violated or acted inconsistently
with the letter or spirit of these Terms and Conditions of Service, and have not either cured
the breach (if curable) or provided a satisfactory undertaking to SelectNet or the applicable
authorities, within five (5) business days of receiving a notification of the breach. Further, Customer agrees
that SelectNet shall not be liable to Customer or any third-party for any termination of
Customer's access to the e-mail service.
Customer's correspondence or dealings with third parties, including participation in promotions
of, advertisers found on or through the e-mail service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between Customer and such third parties. Customer agrees
that SelectNet and its suppliers shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result of the
presence of such third parties on the e-mail service.
Customer acknowledges and agrees that the e-mail service and any necessary software used in
connection with the e-mail service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other laws, including
but not limited to copyright, and trade and service mark protections, and is owned by
SelectNet or its suppliers. Except as expressly authorized by SelectNet or
advertisers, Customer agrees not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the e-mail service or the Software, in whole or in part.
SelectNet grants Customer a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; provided that Customer does
not (and does not allow any third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer any right in the
Software. Customer agrees not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the e-mail service. Customer agrees not to access the e-mail service by any
means other than through the interfaces that are provided by or through SelectNet
for use in accessing the Service.
IP Addresses. At Customer's request, SelectNet will allocate IP addresses to
Customer from its Classless Inter Domain Routing ("CIDR") address blocks for
Customer's use solely in connection with the Services, and only for the initial
term of the Agreement and any renewal periods. Customer acknowledges and agrees
that the IP addresses are subject to the policies and procedures of the IANA, and
the registrar authorizing the use of the IP addresses by SelectNet. Customer
agrees to pay all fees charged by the issuing registrar relating to such IP
addresses. Allocation of IP addresses to Customer shall be made in a manner
consistent with the policies of IANA, the Internet Engineering Task Force ("IETF"),
and the issuing registrar. Customer acknowledges that Selectnet is not responsible
for the actions taken by IANA, IETF, the issuing registrar or other network operators
and, therefore, SelecNet makes no representations or warranties regarding: (1) the
ability to obtain or to continue to use any particular IP addresses, or (2) the
routability of any IP addresses. Customer's use of IP addresses allocated to
Customer by SelectNet shall cease within 90 days of the termination of this Agreement.
File Backups. SelectNet is not responsible for Customer's files residing on
SelectNet's servers. Customer is solely responsible for independent backup of
data stored on SelectNet's servers.
Resale of SelectNet's Services. If Customer acts as a 'reseller' of the
services provided by SelectNet to Customer hereunder, by Customer providing
similar services to its customers, then all the terms of this Agreement shall
apply to the resale. Without limiting the foregoing, Customer's obligations
under the 'Indemnity' section shall apply to any and all claims made against
Customer and/or SelectNet which arise out of the resale of SelectNet's services.
DISCLAIMER OF WARRANTIES, REPRESENTATIONS AND CONDITIONS. (a) CUSTOMER EXPRESSLY
UNDERSTANDS AND AGREES THAT: CUSTOMER'S USE OF SELECTNET'S SERVICES AND/OR EQUIPMENT IS AT CUSTOMER'S
SOLE RISK. THE SERVICE AND EQUIPMENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SELECTNET AND
ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES,
REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
(b) SELECTNET AND ITS SUPPLIERS MAKE NO WARRANTY THAT
(i) SELECTNET'S SERVICES AND/OR EQUIPMENT WILL MEET CUSTOMER'S REQUIREMENTS,
(ii) SELECTNET'S SERVICES AND/OR EQUIPMENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SELECTNET'S SERVICES AND/OR EQUIPMENT WILL BE
ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY CUSTOMER THROUGH SELECTNET'S SERVICES AND/OR EQUIPMENT WILL
MEET CUSTOMER'S EXPECTATIONS, AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL TRANSMITTED, RECEIVED, DOWNLOADED OR
OTHERWISE OBTAINED OR SENT, THROUGH THE USE OF SELECTNET'S SERVICES AND/OR EQUIPMENT
IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT
CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
OPENING, DOWNLOAD OR SENDING OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY CUSTOMER FROM SELECTNET OR ITS SUPPLIERS OR
THROUGH OR FROM SELECTNET'S SERVICES SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF SERVICE.
THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE TERMINATION OF THIS AGREEMENT.
Limitation of Liability.
CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT SELECTNET INTERNET SERVICES AND ITS SUPPLIERS
SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY
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
SELECTNET OR ITS SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OF OR INABILITY TO USE SELECTNET SERVICES AND/OR EQUIPMENT; (b) DELAYS IN
OPERATION OR TRANSMISSION; (c) SUSPENSION, LOSS, OR MODIFICATION OF CUSTOMER'S DOMAIN NAME REGISTRATION;
(d) USE OF CUSTOMER'S DOMAIN NAME REGISTRATION; (e) INTERRUPTION OF BUSINESS; (f) ACCESS DELAYS OR
ACCESS INTERRUPTIONS TO SELECTNET'S INTERNET SERVICES OR THE WEB SITE(S) ACCESSED
BY THE DOMAIN NAME REGISTERED IN CUSTOMER'S NAME; (g) DATA NON-DELIVERY,
MIS-DELIVERY, CORRUPTION, LOSS, DELETION, DESTRUCTION OR OTHER MODIFICATION;
(h) 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 THE
SERVICE; (i) EVENTS BEYOND SELECTNET'S REASONABLE CONTROL; (j) MISTAKES, ERRORS, OMISSIONS, DEFECTS, OR
FAILURE OF PERFORMANCE; (k) THE PROCESSING OF CUSTOMER'S DOMAIN NAME APPLICATION OR
OTHER SERVICE APPLICATION; (l) UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S
TRANSMISSIONS OR DATA; (m) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; (o) APPLICATION OF ANY
RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR
GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES; OR (n) ANY OTHER MATTER
RELATING TO SELECTNET'S INTERNET SERVICES, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
IN NO EVENT SHALL SELECTNET'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY CUSTOMER FOR THE SERVICES, BUT IN NO EVENT GREATER
THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES, SELECTNET'S LIABILITY IS LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
Indemnity. Customer agrees to defend, indemnify and hold SelectNet and its
affiliates harmless from any and all liabilities, costs and expenses, including
reasonable attorney's fees, settlement payments and any damages awarded related
to or arising from: (1) any breach of this Agreement by Customer or its affiliates;
(2) the use of SelectNet Services or the placement or transmission of any message,
information, software or other materials on any other network connected to SelectNet;
(3) any damages caused by Customer Equipment; (4) negligent acts or omissions of
Customer or its affiliates in connection with the construction, installation,
maintenance, presence, use or removal of systems, channels, equipment or software
not provided by SelectNet which are connected or are to be connected to SelectNet
Services; (5) claims for infringement arising from the use of equipment and
software, apparatus and systems not provided by SelectNet; (6) any material
supplied by Customer infringing or allegedly infringing on the proprietary
rights of a third party, and; (7) copyright infringement or claims for
copyright infringement. The provisions of this paragraph shall survive
termination of this agreement.
Trademark Information. Without SelectNet's prior permission, you agree not to display or use in any
manner, SelectNet's or its suppliers' trademarks or service marks.
Disputes. This Agreement shall be governed by and construed in accordance
with the laws of the state of California without application of the principles
of conflict of laws. The parties consent to and submit to the exclusive jurisdiction
of the federal and state courts located in the county of San Diego, California.
Acknowledgment; Legal Capacity. By continuing to use SelectNet services,
Customer acknowledges that Customer has read the aforementioned Terms and
Conditions and that Customer understands such Terms and Conditions and agrees
to be bound by them. Customer warrants that Customer is capable of entering
a legal contract.
Customer's Application for Services (e.g. covering your term, method of payment, price etc.), if accepted by SelectNet,
and these Terms and Conditions of Service, constitute the entire agreement between Customer and SelectNet and govern
Customer's use of the Service. Customer may be subject to additional terms and
conditions that may apply when Customer or SelectNet uses affiliate services (such as domain name
registration services), third-party content or software.
The failure of SelectNet to exercise or enforce any right or provision of these Terms and Conditions of Service
shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditons of Service is
found by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should try to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms and Conditions of Service remain in full force and effect. Customer agrees
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 the Terms and Conditions of Service must be filed within one (1) year after
such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions of Service
and schedules are for convenience only and have no legal or contractual effect.
Information for California Residents. 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
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