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> Legal Notices |
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| 1.
Definitions. |
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1.1
"Customer" means the person(s),
entity, agents, and authorized representatives
accepting this agreement.
1.2 "Content" means all text, pictures,
sound, graphics, video, links, and
other data stored by Bod Host customers
on BOD Host's server computers.
1.3 "Website" means pages presenting
the content stored by Bod Host customers
on BOD Host server computers.
1.4 "User" means Bod Host customers
as well as global web surfers who
log on to any website that is hosted
by Bod Host.
1.5 "User Content" means all text,
pictures, sound, graphics, video,
links, and other data stored by
users on BOD Host's server computers.
1.6 "Confidential Information" is
information that Bod Host and Bod
Host customers treat with the utmost
confidentiality. |
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| 2.
Web Hosting. |
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2.1
Hosting. BOD Host will provide dedicated
or shared server computers, as specified
in Exhibit A, with an Internet address
for storage and access of Content,
User Content, and the Website. The
Website, Content, and User Content
must be "server-ready." BOD Host
will provide bandwidth and storage
as specified in Exhibit A. If Customers
require additional bandwidth or
storage, BOD Host will negotiate
in good faith to amend this Agreement
unless BOD Host's server computers
cannot accommodate the requested
bandwidth or storage.
2.2 Website Backup. BOD Host utilizes
the best mirror backup system in
the world and takes every precaution
to safeguard customer content. However,
BOD Host is not responsible for
lost Content or lost User Content.
Website backups will be stored by
BOD Host for no longer than 14 days.
BOD Host will provide, at Customer's
expense, an electronic copy of the
backup Website to Customers by written
request. Backup systems are intended
for disaster recovery, not the restoration
of individual files.
2.3 Server Logs. BOD Host maintains
detailed and accurate server logs
at all times. At no charge, BOD
Host customers may request electronic
copies of server files up to a maximum
of 30-days of log activity. BOD
Host reserves the right to charge
a reasonable fee for copies of server
files in excess of 30-days.
2.4 Standards. BOD Host's services
conform to the following at all
times.
2.4.1 Availability of Website. BOD
Host will provide hosting services
for the Website that meet reasonable
commercial standards for, among
other matters, packet loss, accessibility,
latency, availability, and throughput.
2.4.2 Security. BOD Host will take
commercially reasonable steps to
prevent unauthorized access to the
Website, Content, User Content,
and Confidential Information stored
on BOD Host's server computers.
2.4.3 Server/Network Computer Outages.
BOD Host will do its best to provide
advance notice to BOD Host customers
of any scheduled server computer/network
outages.
2.4.4 Disclaimers. BOD Host provides
no equipment, software, or communication
connections to its customers. BOD
Host makes no representations, warranties,
or assurances that the customer's
equipment, software, and communication
connections will be compatible with
BOD Host's hardware and services.
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| 3.
Ownership of Content. |
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All
Content and User Content stored
by Customer on BOD Host's server
computers shall at all times remain
the property of Customer. Customer
grants to BOD Host a non-exclusive,
worldwide license to the Content
and User Content only to the extent
necessary for BOD Host to host the
Website. |
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| 4.
Content Control. |
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4.1
Lawful Purpose. Customer will only
use BOD Host's hardware and services
for lawful purposes and Customer
will not store or provide any Content
or User Content or link to any material
that violates foreign, federal,
state or local law, the Terms of
Service of Exhibit B and any modifications
thereof, BOD Host's posted Acceptable
Use Policy, or any other BOD Host
policy.
4.2 Remedy for Violation. Should
BOD Host become aware that Customer
has violated Part 4.1, BOD Host
may, at its option, remove the Content
or User Content in violation, immediately
terminate hosting Customer's Website
under Part 6.3, and/or notify authorities.
If hosting is terminated, BOD Host
may, in its sole discretion, reinstate
hosting upon adequate showing of
Customer's right to use the Content
or User Content. |
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| 5.
Payments. |
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5.1
Fees. Customer shall pay fees agreed
upon during account signup. BOD
Host will invoice monthly (unless
otherwise agreed in writing), and
payment is due fourteen (14) days
from invoicing. In the case of credit
card payments BOD Host will automatically
charge Customer Credit Card on file
all fees associated with the account
on the due date. BOD Host may, at
its option, charge a 1? % fee for
late payments.
5.2 Returned Checks and Declined
Credit Cards may incur a fee.
5.3 Account Updates. It is the responsibility
of the customer to maintain accurate
billing information with BOD Host.
This may include updated credit
card information, email address
and mailing address.
5.4 Taxes. Customer is solely liable
for any taxes or fees payable for
products or services sold by Customer
on the Website. |
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| 6.
Term and Termination. |
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6.1
Term. The initial term is agreed
upon during account signup. After
the initial term, this Agreement
will automatically renew on a month-to-month
basis until terminated.
6.2 Termination by Customer. During
the initial term, Customer may terminate
this Agreement upon the material
breach of BOD Host, if such material
breach remains uncured for thirty
(30) days following written notice
to BOD Host. This cure period shall
be extended by delay caused by events
beyond the control of BOD Host including,
but not limited to, natural disasters,
governmental prohibitions or regulations,
viruses that did not result from
the acts or omissions of BOD Host,
or technical faults of BOD Host's
service providers or vendors. After
the initial term, Customer may terminate
this Agreement upon thirty (30)
days written notice to BOD Host.
6.3 Termination by BOD Host. BOD
Host may immediately terminate this
Agreement for cause at any time
without penalty. Causes justifying
immediate termination include, but
are not limited to: violation of
any foreign, federal, state, or
local law; non-payment of fees due
under Part 5 of this Agreement;
breach of this Agreement; violation
of the Terms of Service found at
Terms of Service and any written
modifications thereof; and violation
of any other BOD Host policy. BOD
Host may terminate this Agreement
without cause at any time upon thirty
(30) days written notice to Customer.
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| 7.
DISCLAIMER OF WARRANTIES. |
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EXCEPT
AS EXPRESSLY PROVIDED HEREIN, BOD
Host, AND ITS OWNERS, EMPLOYEES,
AFFILIATES, AGENTS, VENDORS, AND
THE LIKE, MAKE NO WARRANTY IN CONNECTION
WITH BOD HOST'S HARDWARE OR SERVICES,
WHETHER WRITTEN OR ORAL, STATUTORY,
EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE.
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| 8.
LIMITATION OF LIABILITY. |
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BOD
HOST, ITS OWNERS, EMPLOYEES, AFFILIATES,
AGENTS, VENDORS, AND THE LIKE SHALL
NOT BE LIABLE FOR ANY LOST PROFITS,
LOST BUSINESS, LOST DATA OR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OR INABILITY TO USE
BOD HOST'S HARDWARE OR SERVICES.
CUSTOMER AGREES THAT ITS SOLE AND
EXCLUSIVE REMEDY SHALL BE RETURN
OR REDUCTION OF FEES PAYABLE TO
BOD Host. |
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| 9.
Customer Indemnity. |
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Customer
shall defend BOD Host against any
third party claim, action, suit
or proceeding arising as a result
of Customer's use BOD Host's hardware
or services and indemnify BOD Host
for all losses, damages, expenses,
and costs incurred by BOD Host as
a result of a final judgment entered
against BOD Host in any such claim,
action, suit or proceeding. |
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| 10.
General Provisions. |
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10.1
Governing Law. This Agreement will
be governed and construed in accordance
with the laws of the State of California.
Both parties agree to submit to
personal jurisdiction in Nevada
and further agree that any cause
of action arising under this Agreement
will be brought in a court in Santa
Clara County, California.
10.2 Sever-ability and Waiver. If
any provision of this Agreement
is held invalid or unenforceable
for any reason, the remaining provisions
will continue in full force without
being impaired or invalidated in
any way. The waiver by either party
of a breach of any provision of
this Agreement will not operate
or be interpreted as a waiver of
any other or subsequent breach.
10.3 Relationship of Parties. No
agency, partnership, joint venture,
or employment relationship is created
by this Agreement and neither party
has the power to bind the other
party.
10.4 Attorneys Fees and Costs. In
the event that any legal action
becomes necessary to enforce or
interpret the terms of this Agreement,
the prevailing party shall be entitled,
in addition to its court costs,
to such reasonable attorneys!| fees,
expert witness fees and legal expenses
as may be fixed by a court of competent
jurisdiction. |
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1.
BOD Host may only be used for lawful purposes.
Customer will not store or provide any
Content or User Content that: (a) violates
any federal, state, or local law, statute,
ordinance, or regulation (including, without
limitation, export control, consumer fraud,
unfair competition, antidiscrimination,
gambling, or false advertising laws);
(b) is defamatory, trade libelous, unlawfully
threatening, or unlawfully harassing;
(c) is obscene, child pornographic, or
indecent; (d) violates any third party's
right of publicity or right of privacy;
or (e) contains any IRC application, bots,
egg drops, viruses, Trojan horses, worms,
time bombs, cancel bots or other computer
programming routines that are intended
to damage, detrimentally interfere with,
surreptitiously intercept or expropriate
any system, data or personal information.
2. Customer will not store or provide
any Content or User Content, practice
any software or business methods, or use
a domain name that infringes any party's
Intellectual Property. "Intellectual Property"
means any and all property rights under
copyright, moral right, trademark, patent,
trade secret, or right of publicity law,
or any other rights in works of authorship,
inventions, designations of source, persona,
or economically valuable information.
3. BOD Host exercises no control over
the Content, User Content, or other information
passing through BOD Host.
4. BOD Host does not monitor and is not
obligated to monitor the Content and User
Content and has not been informed by Customer
of the Content, User Content, or nature
of the Content on Customer's Website.
5. Customer will not use BOD Host's hardware
or service to misrepresent Customer's
identity.
6. Customer will not attempt to undermine
the security or integrity of, or gain
unauthorized access to, BOD Host's hardware,
operating systems or any other computing
systems or networks.
7. Customer will not attempt to use IP
Address not directly assigned by BOD Host
staff. Attempting to use unauthorized
IP Addresses may result in IP Conflict.
Any server found using IPs, which was
not officially assigned, will be suspended
from network access until such time as
the IP address conflict can be corrected.
8. Customer will use BOD Host's hardware
and services in accord with BOD Host's
Acceptable Use Policy. The Acceptable
Use Policy and any modifications thereof
will be posted at BOD Host's website at:
http://www.bodhosting.com/html/terms_conditions.shtml
Customer's continued use of BOD Host's
hardware and services constitutes Customer's
acceptance of the Acceptable Use Policy
and any modifications thereof.
9. If BOD Host becomes aware of a violation
of the Terms of Service, BOD Host will
investigate and may, in its sole discretion,
terminate hosting under the Hosting Agreement.
10. These Terms of Service may be modified
at any time. Any modifications will be
delivered to Customer in written form
or posted at BOD Host's website. Customer's
continued use of BOD Host's hardware and
services after modification of these Terms
of Service constitutes Customer's acceptance
of the modifications.
11. Customer will require Users and, if
Customer is a reseller, repurchases to
agree to and abide by these Terms of Service
or substantially equivalent terms. |
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