This Hosting Agreement (“Agreement”) governs your purchase and use of all website hosting services, including Dedicated Hosting Services, Co-Location Services, Shared Hosting Services, Domain Name Services and Database Services (collectively, the "Services").
BY USING THE SERVICES YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT ASPDOTNETSTOREFRONT WILL TREAT YOUR USE OF THE SERVICES AS ACCEPTANCE OF THE TERMS OF THIS AGREEMENT FROM THE TIME YOU BEGIN TO USE SERVICES ONWARD.
AspDotNetStorefront may modify any of the terms and conditions contained in this Agreement and any policy or guideline incorporated by reference, at any time in its sole discretion and may also determine whether and when the modifications apply to existing or future customers. Any modifications are effective upon posting of the revisions on the AspDotNetStorefront website (the "Site"). AspDotNetStorefront will post a notice of modifications to this Agreement on the Site for 30 days. AspDotNetStorefront may post modifications to referenced policies and guidelines without notice to you. You have sixty days in which to refute changes and come to a custom agreement regarding your hosting, otherwise your continued use of the Services following AspDotNetStorefront's posting of any modifications constitutes your acceptance of the modifications.
- 1. Term and Payment for Services
- 1.1. Term. This Agreement will be in effect for an "Initial Term" of either: (a) 30 days if you register for Monthly Hosting Services, (b) 365 days if you register for Annual Hosting Services, or (c) 12 months from the order date if you register for Dedicated Hosting or Co-Location Services, at the time you register for the Services. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term, unless you provide AspDotNetStorefront with notice of termination which is at least 30 days before the end of the Initial Term or Renewal Term, whichever is then applicable. You must provide AspDotNetStorefront with your notice of termination by emailing your notice to email@example.com. Upon emailing your notice, you will be required to provide AspDotNetStorefront with sufficient customer identification information so that AspDotNetStorefront may properly identify you and your account. Any notice of termination will be effective upon AspDotNetStorefront's receipt of notice as described herein.
- 1.2. Termination Policy. If you terminate the Services before the end of the Initial Term or the Renewal Term, whichever is then applicable, AspDotNetStorefront will not refund to you any fees paid in advance of termination, unless otherwise expressly provided in this Agreement. You must submit your termination request to AspDotNetStorefront in the manner described in Section 1.1. AspDotNetStorefront may terminate this Agreement at any time and for any reason by providing to you 30 days' prior written notice of termination. If AspDotNetStorefront terminates this Agreement, except for reasons of breach, AspDotNetStorefront will refund to you the pro-rata portion of pre-paid fees attributable to Services not yet rendered as of the termination date, unless otherwise expressly provided in this Agreement.
- 1.3. Liability and Obligations on Termination. If the Agreement expires or is terminated for any reason, AspDotNetStorefront is not liable to you because of the expiration or termination for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, AspDotNetStorefront will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to AspDotNetStorefront under this Agreement.
- 1.4. Charges. You will pay all charges for your use of the Services at the then current AspDotNetStorefront prices, which will be exclusive of any applicable taxes. You are responsible for paying all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on AspDotNetStorefront's net income.
- 1.5. Payment. You will pay all charges for Services in advance according to the then current price for the Services. When registering for Services, you must agree to pay for the Services by credit card (or, as an exception which must be requested in writing, upon your receipt of an invoice). In providing details of your credit card, you authorize AspDotNetStorefront to charge your credit or debit card to pay for any charges that may apply to your account. AspDotNetStorefront may accumulate any supplemental charges that you incur in your use of the Services ("Supplemental Charges") until the charges exceed $20 and then charge your card. You must notify AspDotNetStorefront of any changes to your card account (including, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit AspDotNetStorefront from charging your account. If you gain agreement to be invoiced for Services, AspDotNetStorefront will send an invoice to you for the Services for the period for which you have registered for the Services. AspDotNetStorefront may also send periodic invoices to you for any applicable Supplemental Charges associated with your use of the Services. You will pay to AspDotNetStorefront the amount indicated in each invoice by the due date reflected on the invoice. If you fail to pay any fees and taxes within 10 days from the applicable due date for credit card or invoice payments, AspDotNetStorefront will assess late charges equal to the lesser of 0.015% per day or $20 per day. Your failure to fully pay any fees and taxes within 10 days after the applicable due date is a material breach of this Agreement, justifying AspDotNetStorefront in suspending its performance and terminating this Agreement. If AspDotNetStorefront terminates for your material breach, you must still pay past due fees plus interest. You are responsible for any costs AspDotNetStorefront incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees. If you reinstate Services, you must pay any fees associated with reinstating Services.
- 2. Use of Services
- 2.1. Applicable Policies and Guidelines. The AspDotNetStorefront Acceptable Use And Service Guidelines (the "Usage Guidelines") govern the general policies and procedures for use of the Services. AspDotNetStorefront's Online Privacy Statement governs how AspDotNetStorefront collects, stores, processes and uses information associated with your use of the Services. The Usage Guidelines and the On-line Privacy Statement are posted on AspDotNetStorefront's website at www.AspDotNetStorefront.com (or such other location as AspDotNetStorefront may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE USAGE GUIDELINES. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE GUIDELINES AND ANY MODIFICATIONS TO THE TERMS. AspDotNetStorefront MAY TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE GUIDELINES OR THIS AGREEMENT.
- 2.2. Material and Product Requirements. You must ensure that all material and data placed on AspDotNetStorefront's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by AspDotNetStorefront. AspDotNetStorefront will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", AspDotNetStorefront may reject this material. AspDotNetStorefront will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy AspDotNetStorefront's requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. AspDotNetStorefront does not provide this knowledge or customer support within the scope of this Hosting Agreement.
- 2.3. Bandwidth and Storage Usage. For Services, you will not exceed the bandwidth and storage usage limits specified in the Order Form. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, AspDotNetStorefront may in its sole discretion impose additional charges, suspend the Service or terminate this Agreement. If AspDotNetStorefront elects to take any corrective action, AspDotNetStorefront will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth and storage usage exceeding the limits in the Order Form and resultant charges.
- 2.4. Domain Names. As part of the Services, you will provide AspDotNetStorefront with a registered domain name or names, or AspDotNetStorefront will register domain name(s) you select if the domain name is available for registration and does not violate any ICANN’s (The Internet Corporation for Assigned Names and Numbers) or ICANN accredited registrars' policies, or any law or regulation. You will promptly reimburse AspDotNetStorefront for any fees AspDotNetStorefront pays to an ICANN accredited registrar or other registration services for registering and maintaining the domain name(s). If any dispute or cause of action arises out of or is related to your domain name used in connection with the Services, then upon your request, AspDotNetStorefront will attempt to register with an ICANN accredited registrar or other registrar an alternative domain name you chose. Upon registering your domain name, you are bound by the terms of the ICANN accredited registrar used by AspDotNetStorefront then current domain name policy and the policies of the national DNS registration authorities. AspDotNetStorefront will not refund any fees you paid with respect to the registration of a domain name you are unable to use.
- 2.5. Security. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, AspDotNetStorefront will immediately suspend Service. You will pay any charges resulting from the cost to correct security breaches affecting AspDotNetStorefront or any of its other customers.
- 2.6. Commercial Advertisements via E-Mail. You will not use AspDotNetStorefront services, your account or server to send or facilitate in any way the transmission of unsolicited commercial email. AspDotNetStorefront will enforce substantial penalties, including charging you for related network costs and terminating your account, for violations.
- 3. Intellectual Property Rights
- 3.1. Your License Grant to AspDotNetStorefront. You grant to AspDotNetStorefront a non-exclusive, worldwide, and royalty free license for the Initial Term and the Renewal Term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly: (a) grant to AspDotNetStorefront a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that this caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
- 3.2. Your Warranties And Representations to AspDotNetStorefront. You warrant, represent, and covenant to AspDotNetStorefront that: (a) you are at least 18 years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Websites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
- 3.3. AspDotNetStorefront Materials And Intellectual Property. All materials, including any computer software (in object code and source code form), data or information that AspDotNetStorefront or its suppliers or agents develop or provide under this Agreement, and any know-how, methodologies, equipment, or processes AspDotNetStorefront uses to provide the Services to you, including all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto will remain AspDotNetStorefront's or its suppliers' sole and exclusive property. AspDotNetStorefront will also maintain and control ownership of all Internet protocol ("IP") numbers and addresses that AspDotNetStorefront may assign to you. AspDotNetStorefront may in its sole discretion change or remove any and all IP numbers and addresses.
- 4. Enforcement
- 4.1. Investigation of Violations. AspDotNetStorefront may investigate any reported violation of this Agreement, or its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers or third parties. AspDotNetStorefront will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.
- 4.2. Actions. AspDotNetStorefront may restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or that potentially violates any laws. If AspDotNetStorefront becomes aware that you have possibly violated this Agreement, any related policies or guidelines, third party rights or laws, AspDotNetStorefront may immediately take corrective action, including: (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on AspDotNetStorefront's systems, and (d) disabling or removing any hypertext links to third-party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by AspDotNetStorefront that, in AspDotNetStorefront's sole discretion, may violate or infringe any law or third-party rights or that otherwise exposes or potentially exposes AspDotNetStorefront to civil or criminal liability or public ridicule. It is AspDotNetStorefront's policy to terminate repeat infringers. These rights of action, however, do not obligate AspDotNetStorefront to monitor or exert editorial control over the information made available for distribution via the Services. If AspDotNetStorefront takes corrective action because of a possible violation, AspDotNetStorefront will not refund to you any fees you paid in advance of the corrective action.
- 4.3. Disclosure Rights. To comply with applicable laws and lawful governmental requests, to protect AspDotNetStorefront's systems and customers, or to ensure the integrity and operation of AspDotNetStorefront's business and systems, AspDotNetStorefront may access and disclose any information it considers necessary or appropriate, including, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on AspDotNetStorefront's servers and systems. AspDotNetStorefront may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. To the extent any inconsistency exists between any terms of AspDotNetStorefront's On-line Privacy Statement and AspDotNetStorefront's right to disclose under this section, AspDotNetStorefront's right to disclose under this section will prevail.
- 5. Disclaimed Warranties AspDotNetStorefront exercises no control over, and accepts no responsibility for, the content of the information passing through AspDotNetStorefront's host computers, network hubs and points of presence, or the Internet. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ASPDOTNETSTOREFRONT DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
- 6. Limitation and Exclusion of Liability
- 6.1. Limitations. IN NO EVENT WILL ASPDOTNETSTOREFRONT OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER ASPDOTNETSTOREFRONT NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO ASPDOTNETSTOREFRONT 'S OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF ASPDOTNETSTOREFRONT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF ASPDOTNETSTOREFRONT AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO ASPDOTNETSTOREFRONT UNDER THIS AGREEMENT DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY ASPDOTNETSTOREFRONT UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE ASPDOTNETSTOREFRONT AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1.
- 6.2. Interruption of Service. AspDotNetStorefront and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, AspDotNetStorefront is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, any mechanical, electronic, communications or third-party supplier failure).
- 6.3. Backups and Disaster Recovery. AspDotNetStorefront shall observe the following back-up procedures: (i) at the datacenter, AspDotNetStorefront shall maintain back-up media of the most recent cycle of files used to generate the daily, weekly, monthly, quarterly, and annual output report; and (ii) at AspDotNetStorefront’s off-site storage facility, AspDotNetStorefront shall maintain back-up media of the three cycles of files immediately preceding the most recent cycle of the files described in this paragraph. If less than three cycles are available, AspDotNetStorefront shall back-up as many cycles as are available. At Customer’s request, AspDotNetStorefront shall provide Customer with verification that the back-up procedures identified in this Section have been successful. AspDotNetStorefront shall maintain throughout the term of the Agreement and, upon occurrence of a disaster, act in accordance with a disaster recovery plan a copy of which can be made available on written request. In the event that destruction or damage of data is caused by AspDotNetStorefront’s gross negligence, AspDotNetStorefront shall, at its expense, and to the extent reasonably possible, using all commercially reasonable efforts, regenerate the lost data from duplicate copies of files maintained by AspDotNetStorefront as part of its back-up services.
- 6.4. Support Process. All technical problems involving the Services initially shall be referred by Customer to the AspDotNetStorefront Help Desk. AspDotNetStorefront shall log and document all failures reported to AspDotNetStorefront. After the failure is logged and documented, AspDotNetStorefront shall advise Customer of the severity level which AspDotNetStorefront has assigned to the failure. AspDotNetStorefront shall notify Customer in writing after a failure has been resolved or if AspDotNetStorefront determines that the problem reported by Customer is not a failure. E-mail shall be an acceptable form of writing for this purpose. AspDotNetStorefront shall attempt to duplicate and correct the problem at the datacenter facilities. If AspDotNetStorefront is unable to duplicate the problem described by the Customer, AspDotNetStorefront will, upon request, provide samples of the output from its attempts to duplicate the problem, and AspDotNetStorefront will make a reasonable attempt to determine the problem and furnish an explanation to Customer. This information shall be sent to Customer.
- 6.5. Service Level Agreement
- 6.5.1. Goal: Our goal is to strive for an environment that supports as close as possible to 100% website availability for all customers.
- 6.5.2. Remedy: Subject to Sections c and d below, if the website availability of customer's website is less than 99%, AspDotNetStorefront will issue a credit to customer in accordance with the schedule below, with the credit being calculated on the basis of the monthly service charge for the affected Services:
|Website Availability||Credit Percentage|
|99 to 100%||0%|
|98% to 98.9%||5%|
|97% to 97.9%||10%|
|95% to 96.9%||25%|
|90% to 94.9%||50%|
|89.9% or less||100%|
- 6.5.3. Exceptions Customer shall not receive any credits under this SLA in connection with any failure or deficiency of website availability caused by or associated with the following:
- a) circumstances beyond AspDotNetStorefront's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
- b) failure of access circuits to the AspDotNetStorefront servers;
- c) scheduled maintenance and emergency maintenance and upgrades;
- d) DNS issues outside the direct control of AspDotNetStorefront;
- e) issues with FTP, POP, or SMTP customer access;
- f) false SLA breaches reported as a result of outages or errors of any AspDotNetStorefront monitoring system;
- g) customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of AspDotNetStorefront contractual agreements
- h) e-mail or webmail delivery and transmission;
- i) DNS (Domain Name Server) Propagation.
- j) Outages elsewhere on the Internet that hinder access to your account. AspDotNetStorefront is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. AspDotNetStorefront will guarantee only those areas considered under the control of AspDotNetStorefront: AspDotNetStorefront server links to the Internet, AspDotNetStorefront routers, and AspDotNetStorefront servers.
- 6.5.4. Credit Request and Payment Procedures To receive a credit, the customer must make a request by sending an e-mail message to billing@AspDotNetStorefront.com. The e-mail message MUST include the domain name of the customer's account in the "Subject" line. Each request in connection with this SLA must include the customer's name and the dates and times of the unavailability of customer's website and must be received by AspDotNetStorefront within ten (10) business days after the customer's website was not available. If the unavailability is confirmed by AspDotNetStorefront, credits will be applied within two billing cycles after AspDotNetStorefront receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges. Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by AspDotNetStorefront and are customer's sole and exclusive remedy with respect to any failure or deficiency in the website availability of customer's website. Note: Credits are not refundable and can be used only towards future billing charges.
- 7. Indemnification You release and hold harmless, and agree to indemnify, AspDotNetStorefront and its affiliates and suppliers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by AspDotNetStorefront or its suppliers, arising out of or relating to: (a) your violation or breach of any term, condition, representation or warranty of this Agreement, or any applicable policy or guideline; (b) your improper or illegal use the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including defamation, libel, violation of privacy or publicity).
- 8. MISCELLANEOUS PROVISIONS
- 8.1. Entire Agreement. This Agreement, in conjunction with all policies and guidelines incorporated by reference, constitutes the entire agreement between you and AspDotNetStorefront with respect to the subject matter of the Agreement, and there are no representations, understandings or agreements that are not fully expressed in this Agreement and the related policies and guidelines.
- 8.2. No Fiduciary Relationship; No Third-Party Beneficiaries. AspDotNetStorefront is not the agent, fiduciary, trustee or other representative of you. Except for the rights of AspDotNetStorefront's suppliers under sections 6 and 7, nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person (other than the parties to this Agreement) any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of its representations, warranties, covenants, conditions and provisions are intended to be and are for the sole and exclusive benefit of the parties to this Agreement.
- 8.3. Amendments. Except as expressly provided in this Agreement, no amendment, change, waiver, or discharge of this Agreement is valid unless in writing and signed by the parties.
- 8.4. Identification. AspDotNetStorefront may, free of any obligation to pay compensation, use your name and identify you as a AspDotNetStorefront customer, in advertising, publicity, or similar materials distributed or displayed to prospective customers.
- 8.5. Choice of Law and Forum. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF OREGON, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN JACKSON COUNTY, OREGON AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF THESE COURTS.
- 8.6. Compliance with Laws. You will comply with all applicable laws and regulations and will indemnify and save AspDotNetStorefront harmless from your failure to so comply. AspDotNetStorefront will not have to perform any obligations set forth in this Agreement if the performance would violate any present or future law, regulation or policy of any applicable government.
- 8.7. Non-Assignment. You may not assign this Agreement or any right or obligation under this Agreement, by operation of law or otherwise, without AspDotNetStorefront's prior written consent. AspDotNetStorefront may assign its rights and obligations under this Agreement, and may utilize affiliates and agents in performing its duties and exercising its rights, without your consent. This Agreement shall be binding upon and inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
- 8.8. No Waiver. AspDotNetStorefront's failure to enforce the strict performance of any provision of this Agreement does not constitute a waiver of AspDotNetStorefront's right to subsequently enforce the provision or any other provisions of this Agreement.
- 8.9. Severability. If any term or provision of this Agreement is deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement, if applicable, will remain in full force and effect and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, the term or provision will remain in full force and effect with respect to all other applications.
- 8.10. Headings. The section headings used in this Agreement are for reference and convenience only and will not enter into the interpretation of the Agreement.
- 8.11. Survival. All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations will survive the termination or expiration of the Agreement.
BY USING THE SERVICES YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT ASPDOTNETSTOREFRONT WILL TREAT YOUR USE OF THE SERVICES AS ACCEPTANCE OF THE TERMS OF THIS AGREEMENT FROM THE TIME YOU BEGIN TO USE SERVICES ONWARD.