HOSTING AGREEMENT BETWEEN YOU AND VIP POWERNET, INC.
For Shared Web Hosting and Email Services
1.01 These Terms of Service govern the use of the VIP website and its services. The term "VIP" is used to refer to VIP PowerNet, Inc. The term "account" refers to the access, content, and services that VIP provides to its users.
1.02 By using the VIP web site, hosting services, any support services, any VIP software, or any other products or services of VIP, you agree to be bound by the terms of this Agreement. VIP reserves the right to change, amend and/or otherwise alter the VIP 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 VIP, whether oral, written or otherwise, including any statements made to you by any representative of VIP 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 VIP.
1.04 VIP 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 VIP and you agree that VIP will have no liability for removing any data you have posted.
1.05 Subscribers to VIP 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, VIP 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. VIP will not own or otherwise legally control any Domain Name registered on your behalf under this Section. VIP 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 VIP 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 VIP to obtain and/or maintain the Domain Name on your behalf shall be charged to you by VIP at an amount determined by VIP, at their sole discretion.
2.02 Before using a website under a Domain Name, VIP may list advertisements on the website for VIP services or for the products and services offered by business partners of VIP or by other third parties.
2.03 Domain Names may be registered by VIP 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 VIP that any Domain Name you may seek to register through VIP 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 VIP, 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 VIP of any proceeding instituted by any party challenging your rights to use any Domain Name hosted on VIP 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 VIP 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 VIP 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 VIP 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 VIP may, should your rights to a Domain Name be challenged in any way, suspend the VIP 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, VIP will take every reasonable step to assure that no loss of data occurs as a result of such actions and VIP 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 VIP 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 VIP website.
3.03 VIP 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 VIP, 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 VIP 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. VIP may also charge you for Domain service fees and specifically reserves the right to institute additional charges upon notice to you. VIP reserves the right to alter, change, amend or delete charges at its sole discretion. VIP 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 VIP 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 VIP 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 VIP 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, VIP, 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 VIP 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 VIP in the event of non-payment by Customer,
(c) by VIP, at any time, without notice, if, in VIP'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 VIP's sole and absolute discretion and/or judgment, could disrupt, VIP's business operations and/or
(d) by VIP upon verbal request by Customer if Customer provides satisfactory authorization and account verification.
(e) by VIP 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. VIP 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 VIP 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 VIP 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 VIP may be entitled.
3.12 Should a customer decide to cancel an account within the initial 90 day period, the customer will receive a full refund of prepaid hosting fees, less any Domain registration fees that VIP has occurred to date as part of a promotion or separate charges. Any upgrade of the initial account by customer within the initial 90 day period will be considered a waiver of the money back guarantee and an acceptance of the then current rates and fees. VIP also considers that customers switching from any existing VIP package have already experienced the 90-day Money Back Guarantee. The renewal of the initial period is considered a waiver of the money back guarantee with each customer only being allowed to use the Money Back Guarantee once, and for only one account. Any customer whose account has been suspended or terminated due to the breach of any part of the VIP Terms of Services including but not limited to Section 3.07 and Section 6 has automatically forfeited the right to use the VIP Money Back Guarantee. To be considered valid, all money back guarantee requests must be e-mailed to firstname.lastname@example.org within 90 days of the customer's account being signed up.
4.01 VIP reserves the right to access and review its user's content, files, or web pages for any reason at its sole discretion.
4.02 VIP does not preview the content of its users and therefore all user content is provided "AS IS" and without warranty of any kind by VIP.
4.03 VIP does not endorse any content contained within it's user's pages.
4.04 VIP will cooperate with all law enforcement efforts pertaining or involving the use of VIP's user's web space, e-mail, and content. This may result in VIP disclosing all information given to VIP including but not limited to information contained in VIP's customer database records and servers.
5.01 Transmission, distribution, sale or storage of any material in violation of any applicable law, regulation, ordinances, or these guidelines is prohibited. VIP 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 VIP determines in its sole discretion is harmful to its servers, systems, network, reputations, good will, other VIP Customers, or any third party.
5.02 The following non-exhaustive list details the kinds of illegal or harmful or misappropriate 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 VIP's Terms of Service in any way.
(h) misrepresentation of user's identity, or the impersonation of anyone, including VIP personnel.
(i) collection of personal information for illegal purposes.
(j) content that is deemed by VIP, in its sole discretion, to be harmful to VIP, another company or organization, or individual.
(k) solicitation or sale of any products or services that are harmful, illegal, dangerous, pornographic, or indecent.
(l) use of VIP servers or a link to VIP servers for spamming, bulk mail, web bombing, etc.
Export Violations and CISG
6.01 VIP 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.
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.
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 VIP website or the website of any VIP customer.
9.01 Violations of VIP'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. VIP may investigate incidents involving such violations. VIP may involve and cooperate with law enforcement if a criminal violation is suspected. Any violation by Customer of VIP 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 send 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 VIP does not permit the following file types: .cmd, and .bat.
User Name Restrictions
11.01 VIP 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.
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 VIP 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. VIP has the right, should the customer's website be the cause of interruptions in VIP's ability to provide its services to other customers, to temporarily disable access to the customer's website. In case VIP takes such a step, the customer will be informed thereof as soon as is practicable and VIP 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, VIP 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 VIP 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 VIP customers. In the event of any dispute regarding the aforementioned rules, VIP 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.
13.01 VIP users agree to:
(a) Maintain a current email address in the VIP database. Failure to notify VIP of an e-mail change could result in the termination of your VIP 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 VIP.
(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. VIP 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 VIP'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 VIP 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"). VIP 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 VIP.
(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 VIP'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 VIP.com content (CodeBank, Forum Messages, Articles).
(g) Invalid e-mail address for correspondence with VIP.
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.
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. VIP 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 VIP'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, VIP 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 VIP, unless you notify VIP that you do not wish to participate in VIP's automatic renewal process. VIP 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, VIP will automatically renew, for a period of one year, any domain and/or VIP's service that is up for renewal and will charge the credit card you have on file with VIP, at VIP's then current rates. You are solely responsible for the credit card information you provide to VIP and must promptly inform VIP 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 VIP 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, VIP 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 person nor Registrar for the first eighty (80) days of registration from the date the domain expired, prior to purchase, without notice, at VIP'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 VIP's discretion, VIP 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 VIP including but not limited to the VIP customer service tools. You acknowledge that all right and title to any such VIP intellectual property shall remain the sole property of VIP and that you have no right, title or interest therein. You further agree not to provide access to the VIP 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 VIP services shall also remain the sole property of VIP.
17.02 During the term of this agreement you may have access to certain information and materials relating to the VIP business, customers, software technology and marketing which VIP 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 VIP; 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 VIP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIP 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 VIP MAKES NO WARRANTY THAT (i) VIP WILL MEET YOUR REQUIREMENTS OR THAT, (ii) VIP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VIP 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 VIP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIP 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 VIP 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 VIP; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY OTHER MATTER RELATING TO THE SERVICE; OR (vi) ANY DELAYS DUE TO ANY REASON FOR DELIEVERING AND/OR PROVIDING ANY 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 VIP, 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 VIP your use of VIP, 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 VIP and govern your use of VIP, superseding any prior agreements between you and VIP. 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 VIP shall be governed by the laws of the Commonwealth of Virginia . You and VIP agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Virginia . The failure of VIP to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
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.
Last Updated: December 01, 2008