This site ("Site") is operated by T1SERVERS ("T1SERVERS", "T1SERVERS", "T1S", "our" and "us"). The term "you" or "your" includes any of your subsidiaries, affiliates, employees, agents, customers, contractors or entities you represent ("End Users").
You agree to comply with this Agreement, including any documents, policies and guidelines incorporated by reference (referred to collectively as the "Agreement", "Terms of Service", "TOS", or "Customer Agreement"). This Agreement takes effect when you order a product or service provided by us through this Site ("Service Offering")
1.1 You represent to us that you are lawfully able to enter into contracts and are at least 18 years of age. If you are entering into this Agreement for an entity, such as a company, you represent to us that you have legal authority to bind that entity. If you are not at least 18 years of age or older or if you are not fully able and competent to enter into the terms, conditions, and representations set forth in this Agreement, please exit the Site.
We may change or modify the Terms of this Agreement from time to time without notice other than by notifying you by email or on your invoice. The amended terms will become effective on the date stated in the email or invoice message. Your continued use of the Service Offerings after the effective date of any changes to the Terms of this Agreement shall constitute your consent to the changes and your agreement to be bound by the modified terms. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service Offerings, the Terms, or the Site. We last modified this Agreement on the date listed at the end of this Agreement
3.1 Generally. You may use the Service in accordance with this Agreement. You agree to adhere to all rules and regulations related to your use of the Service, including the Acceptable Use Policy.
3.2 Setting Up Your Account. To access the Services, you must create an account associated with a valid e-mail address and place an order for a Service Offering. You are responsible for all activities that occur on your account, regardless of whether the activities are by you, your employees or a third party and we are not responsible for unauthorized access to your account. You agree to contact us immediately if an unauthorized party is using your account or if your account information is lost or stolen. As you place your order for Service Offerings and set up your account, the following requirements apply:
(a) You may only create one account per customer name and all orders must include your real name, address, and phone number.
(b) Providing false information may result in immediate termination of all your accounts without refund. (c) Opening multiple accounts will result in termination without refund.
3.3 Support. The support we generally provide to you and other users of the Services without charge is as follows:
(a) TICKET SYSTEM SUPPORT ONLY. This insures that communication can be tracked and documented. Support through our ticket system is generally available 24/7/365 on a
first come, first serve delayed basis.
(b) Opening multiple tickets for the same issue within a short period of time constitutes abuse of our support ticket system and may result in termination of services
without refund or notice.
(c) Swearing, threats, and other abusive language is not acceptable and may result in account termination without refund.
(d) Credit Card Purchases. If the name on your credit card does not match the company name or the contact person's name associated with your account, we may reject payment without notice.
3.4 Third Party Content. Your use of any Third Party Content or software applications is at your sole risk.
5.1 Content. You are solely responsible for the development, maintenance, use and backup of Your Content. You must confirm and monitor compliance of your content with the Acceptable Use Policy, the law, and any claims that your content infringes on any person's rights.
5.2 Backup and Security. You are solely responsible for configuring and using the Service Offerings. You are solely responsible for taking any and all steps to maintain security,
protection and backup of your content. We recommend that you routinely archive your content and data on a daily basis in order to protect it in case of equipment failure or
accidental loss caused by equipment, network, human error, or power outage. Your failure to maintain a routine backup schedule to a remote backup location could result in a total
loss of your data.
5.3 Violations. Any action that you knowingly or unknowingly permit any person or entity to take related to this Agreement or your content or use of the Service shall be deemed an act by you.
5.4 Acceptable Use Policy. You may not use, or encourage, promote, facilitate or instruct others to use, the Service Offerings or Site for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. We do not voluntarily participate in any government mass collection of data and we do not ever plan to. Prohibited activities or content include:
(a) Illegal Activities. Any illegal activities, including advertising or making available gambling sites or disseminating or promoting child pornography, are prohibited. You may not use Service Offerings in the commission of any crime that violates the laws of any local, state, and federal government of the United States of America. Violations of this provision may result in us making your information and information about your service and your use of our Service Offerings available to law enforcement with or without your consent or knowledge.
(b) Harmful or Fraudulent Activities. Activities that may be harmful to others or our operations or reputation, including promoting or disseminating fraudulent goods or services or schemes, including ponzi or pyramid schemes, phishing, or pharming, or engaging in deceptive practices.
(c) Infringing Content. You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization.
(d) Offensive Content. Content that is defamatory, grossly offensive, obscene, abusive, invasive of privacy, or is otherwise objectionable, including content that exploits children or constitutes child pornography, relates to bestiality, expresses bigotry or hatred, constitutes harassment, or depicts non-consensual sex acts. This includes material that defames, abuses, or threatens any person or group. Content including nude art, pornography, sex-related merchandising and links to such sites elsewhere that are permitted by the laws in the city of Kansas City, the state of Missouri and the country of the United States of America comply with acceptable use. Pornography is strictly prohibited on our RDP and VPS services.
(e) Harmful Content. Content, software or computer technology that may damage, interfere with, intercept, or expropriate any system, program, or data, including viruses, trojan horses,
worms, time bombs, or cancelbots are strictly prohibited. Piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitive software and texts or communications that educate or
encourage this activity and/or use are also prohibited.
(f) Security Violations. You may not use Services Offerings to violate the security or integrity of any network, computer, communications system, software application, network or computing device (each, a "System").
(g) Network Abuse. You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include: (i) Monitoring or crawling of a System; (ii) Denial of Service (DoS) - Inundating a target with communication requests; (iii) Interfering with the proper functioning of any System, including mail bombing or flooding techniques; (iv) Operating network services like open proxies, open mail relays, or open recursive domain name servers; (v) Using manual or electronic means to avoid any use limitations; (vi) Attack traffic that disrupts any portion of our network (incoming or outgoing) will be blocked until the customer is able to work with security personnel to resolve the issue; (vii) IRC websites and IRC servers are prohibited; (viii) You may not upload ROMs and Emulators; (ix) You must contact us prior to installing a CDN within our infrastructure. "Shared Resource" CDN's are strictly prohibited.
(h) E-Mail or Other Message Abuse. You will not distribute, publish, send, or facilitate the sending of unsolicited mass/bulk e-mail (UCE) or other messages, promotions, advertising, or solicitations (like "spam"). You will not alter or obscure mail headers or assume a sender's identity. You will not collect replies to messages sent from another internet service provider. You will not reference Us in any unsolicited email that you send.
5.5 Monitoring and Enforcement. We reserve the right, but do not assume the obligation, to investigate any violation of the Acceptable Use Policy. We may:
(a) Investigate violations or misuse of the Service Offerings or Site; or terminate Service without warning, notice or refund; or remove, disable access to, or modify any content or resource; or restrict any account to Paypal only payments; or examine the contents of any account at any time that violates the Acceptable Use Policy or this Agreement.
(b) Report any activity that we suspect violates any law or regulation to appropriate law enforcement officials. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies to help with the investigation and prosecution of illegal conduct.
5.6 Reporting of Violations of the Acceptable Use Policy. If you become aware of any violation of the Acceptable Use Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please use our ticketing system.
6.1 Non-exclusive License. If you have licensed software from T1 Servers, T1 Servers grants you a limited, non-exclusive, non transferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree you are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are you authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
T1 Servers reserves all rights to the software. The software and any copies you are authorized to make are the intellectual property of T1 Servers. The source code and its organization are the exclusive property of T1 Servers and the software is protected by copyright law. Except as expressly provided for in this section, this agreement does not grant you any rights in the software and all rights are reserved by T1 Servers. Any such software and services are provided to you “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
6.2 Storage and Security. At all times, you shall bear full risk of loss and damage of your server and all of your server content. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your server content; (ii) maintain independent archival and backup copies of your server content; (iii) ensure the security, confidentiality and integrity of your server content transmitted through or stored on T1 Servers servers; and (iv) ensure the confidentiality of your password. T1 Servers ’s servers are not an archive and T1 Servers shall have no liability to you or any other person for loss, damage or destruction of any of your content. The services offered by T1 Servers are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. T1 Servers shall have no liability to you or any other person for your use of T1 Servers products and/or services in violation of these terms.
6.3 Resource Allocation. It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, T1 Servers reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a higher resource plan. This policy only applies to servers that are considered to be abusive in service, disk space or resource consumption and where it is evident that the Acceptable Usage Policy of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization.
T1 Servers may at its discretion choose to throttle or limit network throughput on its services in relation to the allotted resources purchased by the customer in order to ensure network stability for all customers. T1 Servers does not and cannot guarantee network speeds or latency at any point in time.
6.4 Disclosure of Information. T1 Servers may disclose any subscriber information or other details to law enforcement agencies, fraud prevention/tracking databases, financial institutions, or other organizations as it sees fit without further consent or notification to the subscriber upon lawful request from such agencies or as deemed necessary by us. Such agencies or organizations will receive the full cooperation of T1 Servers in the event a claim or investigation is required.
6.5 Unmanaged Services. You agree and accept that unless otherwise explicitly noted all services provided by T1 Servers are considered “unmanaged” and T1 Servers is under no obligation to assist the customer with operating system, software, or other configuration or maintenance tasks beyond ensuring that the customer’s basic services (IE: ‘server’) is accessible and running. T1 Servers may opt to provide one off or recurring maintenance services for additional fees at its discretion.
7.1 Abuse of Services. T1 Servers reserves the right to actively monitor its network using any methodology or technology available to it to ensure that its services are not being abused. Should abuse be detected, abuse being defined as services being used in any manner in violation of this agreement, our Acceptable Usage Policy, or in any action determined to be abusive in nature at our sole discretion, T1 Servers, may choose to limit, suspend, terminate, or otherwise modify a customer’s service. Detailed definitions of what constitutes abuse and associated procedures are found in our Acceptable Usage Policy.
7.2 Support Services and Customer Conduct. T1 Servers agrees to support your account as a customer to the best of its abilities within the terms outlined in the present agreement and expects customers to conduct themselves in an appropriate manner. Verbal or written abuse, including but not limited to (i) Swearing, cussing, use of profanity, aggressiveness or (ii) use of all capital letters in an effort to shout or intimidate any T1 Servers representative, agent, or employee will result in a warning and termination of the communication by the representative. It shall be up to the sole discretion of T1 Servers to determine abuse behavior. Failure to cease any abuse will result in immediate account termination without refund.
7.3 Legal Usage. All of T1 Servers’s web hosting and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Violations of these or any other provisions of this agreement may result in termination of the services provided by T1 Servers, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of T1 Servers based upon the severity of the violation. T1 Servers reserves the right to refuse service if any of the content within, or any links from, the Account Holder’s website is deemed illegal, misleading, or obscene, or is otherwise in breach of T1 Servers ’s then current Acceptable Use Policy, in the sole and absolute opinion of T1 Servers.
7.4 Safe Use. You agree not to harm T1 Servers, its reputation, computer systems, programming and/or other persons using T1 Servers’s services. T1 Servers reserves the right to select the server in which the Account Holder will be hosted. A failure by you to agree to and comply with the terms of this provision may result in the termination of the services provided to you without any refunds of the unused prepaid portion of service fees.
7.5 Third Party Content. Should you choose to sell or resell advertising or web space to a third party then you will be responsible for the contents of that advertising and the actions of that third party. T1 Servers has the absolute right to reject any advertising or any other third party content that is illegal, offensive or otherwise in breach of T1 Servers’s Acceptable Usage Policy. Such content may result in the suspension or in the immediate termination of your account.
7.6 Domain Registration and Renewal. You are responsible for monitoring all domain transfers, renewal and other domain-related orders placed through T1 Servers. In the event that an error occurs, the account holder must notify T1 Servers immediately of the error. In no event shall T1 Servers.com be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.
7.7 Other fees. T1 Servers may, at its entire discretion, bill you for the following concepts. In every case, T1 Servers is not obligated to notify you prior to generating the fee and billing your payment method on file:
a. Server reactivation fee of $7, applicable when a service that has been suspended for longer than 7 days is requested to be re-enabled by you.
b. Abuse reactivation fee of $25, applicable when a server triggers an abuse incident, as outlined in our Acceptable Usage Policy, for the second time or more.
c. Dispute or chargeback fee of $50, applicable when you initiate any kind of payment processor dispute (e.g. PayPal dispute) or credit card chargeback process. T1 Servers also reserves the right to suspend all associated services when such an incident occurs.
d. IP blacklist fee of $25, applicable when an IP that has been delegated to one of your services is blacklisted by SPAM or malware services.
(a) Due to the nature of our industry and the costs involved with provisioning and maintaining your Service, we do not offer refunds or pro-rated refunds.
(b) Invoices are generated 10 days before the date they are due. At our sole discretion, email reminders may be sent at 7 days, 4 days and 1 day before the due date to your last known
email address. If your Account is set up on auto billing, your payment method will be charged two (2) days prior to the Due Date.
(c) All invoices are emailed and are available in your Account panel. Invoices are not sent via postal mail, PDF, fax or any other method other than email. We do not contact customers via phone to discuss billing issues.
(d) If your payment is declined or you fail to submit payment on or before the invoice due date, your Service will be disconnected/suspended at midnight the day it is due date and your account will be assessed a $5 late fee.
Billing disputes resolved in the customer's favor will receive account credit for overpayment.
(f) ChargeBack Fees. We must approve any chargeback on your credit card or PayPal account. If any chargebacks occur on your credit card or PayPal account we reserve the right to charge a $25 chargeback fee and terminate all Service and recycle your server(s) without notice.
(g) Failure to make payment within 48 hours of the time we disconnect/suspend your Service will result in your Service being terminated and a termination fee of $10 will be assessed against your Account.
(h) SERVICE TERMINATION IMMEDIATELY ERASES YOUR DATA AND YOUR DATA IS NOT RECOVERABLE.
(i) Resellers. Resellers are responsible for all invoices and payments related to their account. Reseller customer payments through a reseller PayPal account are not allowed and are a violation of this Agreement. If a reseller allows its customer to make a payment using the reseller's PayPal account, the reseller is responsible for any and all chargeback fees related to that payment. If the fees are not paid, we may terminate all Service and recycle your server(s) without notice.
9.1 We will suspend your right to access or use any portion or all of your Service and disconnect your hosting immediately if we determine:
(a) your use of the Service Offerings poses a security risk, or may adversely impact the Service Offerings or our systems or Content, or may subject us to liability, or may be fraudulent or you are in breach of this Agreement (including if you are delinquent on your payment obligations). If your payment is declined or you fail to submit payment on or before the invoice due date, your Service will be suspended/disconnected at midnight the day it is due and your account will be assessed a $5 late fee; or
(b) you have ceased to operate in the ordinary course of business, made an assignment for the benefit of creditors or become the subject of any bankruptcy, reorganization, liquidation, or dissolution.
9.2 Suspension Impact. If we suspend your right to access or use any portion or all of the Service Offerings:
(a) you remain responsible for all fees incurred through the date of suspension; and
(b) you remain responsible for any applicable fees for any Service Offerings you continue to have access to, and for fees related to in-process tasks; and
(c) Our right to suspend your access or use of the Service Offerings is in addition to our right to terminate this Agreement.
10.1. Term. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by you or us.
10.2 Termination. (a) You may terminate this Agreement for any reason by logging into your web portal and cancelling any or all of your Service Offerings. We may terminate this Agreement at any time for any reason.
(b) For Cause Termination. Either party may terminate this Agreement for cause if there is a breach of this Agreement by the other party. We may terminate this Agreement immediately if any act or omission by you results in a suspension. Your failure to make payment within 48 hours of the time we disconnect/suspend your Service will result in your Service being terminated and a termination fee of $10 will be assessed against your Account. SERVICE TERMINATION IMMEDIATELY ERASES YOUR DATA AND YOUR DATA IS NOT RECOVERABLE. We may also terminate if our relationship with a provider of software or technology we use to provide the Service Offerings expires or changes; or if we believe providing the Services could create a financial or technical burden or a security risk for us; or in order to comply with the law or requests of governmental entities; or if we determine any Service Offering has become impractical for any reason.
10.3. Termination Impact. (a) Upon termination of this Agreement all your rights immediately terminate and you remain responsible for all fees incurred through the date of termination, including fees for in-process tasks and SERVICE TERMINATION IMMEDIATELY ERASES YOUR DATA AND YOUR DATA IS NOT RECOVERABLE.
(b) Post-Termination Assistance. Any post-termination assistance from us is in our sole discretion and subject to our agreement in writing from a manager. Communications from our customer service representatives through the ticketing system do not constitute our agreement to any post termination assistance. Termination erases all of Your Content and, as such, we are unable to assist in retrieving any lost data; and you will be unable to retrieve Your Content from the Services.
11.1 Adequate Rights. You represent and warrant to us that you have all rights necessary to enter into this Agreement; and none of Your Content or use of it or our Service will violate
the Acceptable Use Policy.
11.2 Service Offerings License. As between you and us, we own and reserve all right, title, and interest in and to the Service Offerings. We grant you a limited, revocable, non-exclusive, non-transferrable license to do the following during the Term: (i) access and use the Services solely in accordance with this Agreement.
11.3 License Restrictions. You may not use Service Offerings for any purpose other than as permitted by this Agreement. All licenses immediately terminate if you do not comply with this Agreement.
12.1. You will defend, indemnify, protect and hold harmless us and our employees, officers, directors, members or shareholders, lenders, principals, managers and representatives
from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees regardless of whether any action is ever commenced) arising out
of or relating to any third party claim, suit, action or proceeding brought against us concerning: (a) your use of the Service Offerings (including any activities under your account
and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law, rule or regulation by you; (c) your content or processes, including any claim
involving alleged infringement or misappropriation of third-party rights by the use or marketing of Your Content; (d) a dispute between you and any End User; (e) any negligent or
willful act or omission by you; (f) any damages arising out of the Service Offerings or failure of Service Offerings; or (g) the destruction or loss or damage of your data. If we are
obligated to respond to a third party subpoena, order or process described above, you agree to reimburse us for reasonable attorneys' fees, as well as all employees' and contractors'
time and expense spent responding to the subpoena, order or process at our then-current hourly rates. These obligations survive termination of your relationship with T1SERVERS or your
use of our Service or Site. T1SERVERS reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with
T1SERVERS in asserting any available defenses.
12.2. Process. We will notify you of any claim subject to Section 10.1, but our failure to immediately notify you will only affect your obligations under Section 10.1 to the extent that our failure prejudices your ability to defend the claim. You may use counsel of your own choosing (subject to our written consent) to defend against a claim or to settle a claim, provided that you obtain our prior written consent. You agree that we may assume control of the defense and settlement process at any time.
IN NO EVENT SHALL T1SERVERS, ITS EMPLOYEES, OFFICERS, OWNERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF GOODWILL, LOSS OF PROFITS,
OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY
TO USE OUR SERVICE OR SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE INABILITY TO USE AS A
RESULT OF ANY TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, ANY
UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, AIR CONDITIONING OUTAGES, SYSTEM FAILURES, HUMAN ERROR,
OR OTHER INTERRUPTIONS, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AVAILABLE THROUGH THE SITE OR THE SITE, THE CONTENT, MATERIALS,
SOFTWARE, INFORMATION, OR PRODUCTS, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iv) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE
OF THE SERVICE OFFERINGS (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF OR LOSS OF YOUR TRANSMISSIONS OR DATA; (vi) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vii) THE DELAY
OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS,
STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; (viii) ANY ERROR,
OMISSION, DEFECT, VIRUS OR THEFT THAT CAUSES DAMAGE OR LOSS OF YOUR CONTENT OR DATA OR (ix) ANY OTHER MATTER RELATING TO OUR SERVICE OR SITE, EVEN IF T1SERVERS OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR SITE IS TO STOP USING THE SITE AND/OR OUR SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF T1SERVERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). IF YOU DO NOT AGREE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES
You authorize us to file a copy of this Section 11 in any proceeding as conclusive evidence that you consented to limitations of liability.
OUR SERVICE OFFERINGS ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS
OR THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT,
INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT & TITLE, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, USAGE
OR TRADE PRACTICE.
You authorize us to file a copy of this Section 12 in any proceeding as conclusive evidence that you consented to limitations of warranties.
15.1 Confidentiality. You may use T1SERVERS Confidential information only in connection with your use of the Service Offerings and will not disclose it during the Term or at
any time during the 2 year period following your termination of Service.
15.2 Force Majeure. We will not be liable for any failure or delay to perform any obligation under this Agreement where the failure or delay results from any cause beyond our reasonable control, including without limitation, acts of God, explosion, flood, fire or other casualty, vandalism, cable cut, failure of commercial power, adverse weather conditions or other elements of nature, labor disputes or shortages or other industrial disturbances, inability to procure materials or transportation facilities, failure of any third party (including any other supplier) to provide services or facilities or equipment required for such performance or obligation, systemic electrical, telecommunications, or other utility failures, earthquake, blockages, embargoes, riots, governmental action or inaction or orders (such acts including without limitation any regulatory or administrative decision making performance or obligation economically or technically unfeasible), condemnation or the exercise of rights of eminent domain, acts of terrorism, national emergency, or war. Invocation of this clause shall not relieve you of your obligation to pay for any Services actually provided.
15.3 Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and neither party is an agent of the other for any purpose or has the authority to bind the other.
15.4 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement.
15.5 Waiver of Trial by Jury. We and you agree, to the fullest extent that we may lawfully do so, to waive trial by jury in any action or proceeding brought by any party to this Agreement with respect to this Agreement, or any matter related to this Agreement. This waiver of right to trial by jury is given knowingly and voluntarily by you, and is intended to encompass individually each instance and each issue as to which the right to a trial by jury would otherwise accrue. We or you, as applicable, are hereby authorized to file a copy of this Section 14.4 in any proceeding as conclusive evidence of this waiver by you and us , as applicable.
15.6 Import and Export Compliance. You agree comply with all applicable import and export regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and any sanctions programs implemented by the Office of Foreign Assets Control.
(a) To You. We may provide any notice to you by: (i) posting a notice on the Site; (ii) posting a notice on your invoice or (iii) sending a message to the email address then
associated with your account. Notices we provide by posting on the Site will be effective upon posting and notices we provide by email or invoice will be effective when we
send the email or invoice. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated
with your account when we send the email, whether or not you actually receive the email.
(b) To Us. To give us notice under this Agreement, you must contact T1SERVERS as follows: by email: firstname.lastname@example.org.
(c) Copyright Infringement Notice. The Digital Millennium Copyright Act ("DMCA") provides safe harbors from copyright infringement liability for online service providers. We maintain safe harbor status as we have a designated agent to receive notifications of claimed copyright infringement. Send any copyright infringement "takedown notice" to:email@example.com. Please review the U.S. Copyright Office requirements to file "takedown notices."
(d) Language. All communications and notices must be in the English language.
15.8 Assignment. You will not assign this Agreement or any of your rights under this Agreement, without our prior written consent. Any assignment or transfer without our prior written consent will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the Parties and their respective successors and assigns.
15.9 No Waivers. No failure by us to exercise any power, right, privilege or remedy under this Agreement, and no delay in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. All waivers by us must be in writing to be effective. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default.
15.10 Severability. If any term or provision of this Agreement is held to be invalid, illegal or incapable of being enforced by virtue of any federal or state law, or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect. Upon such determination that any such term or provision is invalid, illegal, or incapable of being enforced, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.
15.11 Governing Law; Venue; Attorney's Fees. This Agreement shall be construed in accordance with, and governed in all respects by, the internal laws of the State of Missouri, without regard to choice of law principles. Any dispute arising from this Agreement shall be governed by the laws of the State of Missouri, and shall be decided solely and exclusively by State courts located in Clay County, Missouri or Federal Court within the County of Jackson. Any Party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorney's fees, and the party prevailing in any such dispute shall be awarded its attorneys' fees. You consent to exclusive jurisdiction and venue in those courts. We may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our intellectual property or other proprietary rights. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. You authorize us to file a copy of this Section 14.11 in any proceeding as conclusive evidence that you consented to venue.
15.12 Entire Agreement. This Agreement, without limitation, constitutes the complete and exclusive agreement between you and us with respect to the subject matter of this Agreement and supersedes and replaces any and all prior or contemporaneous representations, understandings, agreements, negotiations or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement). If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control.
15.13 Survival. Any obligations under the Agreement which by their express terms are to survive, shall survive the expiration or termination of this Agreement. In addition, any other obligations under this Agreement, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation confidentiality, limitation of liability, and indemnification, shall survive the termination or expiration of this Agreement.