SafelistHosts.com AUP / Terms of Service
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The terms and conditions set forth herein constitute the full and complete agreement between you (THE CLIENT) and SafelistHosts.com (THE HOSTING SERVICE). Your agreement to be bound by these terms is acknowledged by your use of THE HOSTING SERVICE's web site, hosting and/or any other services (SERVICES) provided by THE HOSTING SERIVCE. The terms contained herein supercede and replace any agreement(s) or negotiation(s) between THE CLIENT and THE HOSTING SERVICE and/or representatives of THE HOSTING SERVICE regardless of whether oral or written. 1.0 USER CONDUCT THE CLIENT agrees to abide by all applicable local, state, national and international laws and regulations as it relates to the use of the SERVICES provided by THE HOSTING SERVICE. 2.0 USER ELIGIBILITY THE CLIENT represents and warrants that as the person legally responsible for all use of this account, is at least 18 years of age. If THE is under 18 years of age, THE CLIENT must have parental consent in order to sign up for SERVICES provided by THE HOSTING SERVICE and the account must be ordered by a parent or legal guardian in their own name. 2.1 THE CLIENT agrees to supply THE HOSTING SERVICE with a current and truthful name, postal address and telephone number for THE HOSTING SERVICES's records and understands that all such information is to be kept current. THE CLIENT also warrants to be an an authorized user of any credit card or any other account used to pay for the SERVICES provided by THE HOSTING SERVICE. Further, THE CLIENT understands and agrees that THE HOSTING SERVICE has an obligation to fully investigate any possible fraudulent credit card or payment account use. 3.0 ACCEPTABLE USE The following types of content may not be hosted under any OF THE HOSTING SERVICE'S hosting plans: 3.1.1 Pirated Software (Warez) or any software that is copyrighted and not freely available for distribution without cost. 3.1.2 Hacking, crack codes, phreaking, viruses, anarchy, etc. 3.1.3 ICQ, Eggdrop Scripts/Bots, IRC Networks/Bots, Spamware, Chinese Forums, Anime Sites and Streaming Audio or Video. 3.1.4 Illegal Archives (audio, video and program archives/downloads), Sexually explicit, obscene or pornographic content (whether in text or graphics). 3.1.5 Content, speech, images or domains that are offensive, profane, promote hatred or ill will toward others, threatening, harmful, defamatory, libelous, harassing, discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise) or that promote any illegal activity. 3.1.6 Content, speech, images or domains that mock, ridicule or otherwise damage the reputation and/or goodwill of THE HOSTING SERVICE or any of THE HOSTING SERVICE's associates whether or not such is intended. 3.1.7 Graphic violence. 3.1.8 Any script, program or site that that consumes a disportionate amount of the server's resources such as, but not limited to, CPU time, memory, or network resources. In such cases, THE CLIENT will be given the option to either pay additional fees which will depend upon the required resources, reduce the resources used to an acceptable level, or upgrade to a managed semi-dedicated plan. THE HOSTING SERVICE shall be the solely responsible for determining what is considered a disportionate amount of the server's resources. 3.2 Furthermore, no content hosted under any plan may point to any of the following types of sites: 3.2.1 Pirated Software (Warez) or any software that is copyrighted and not freely available for distribution without cost. 3.2.2 Hacking, crack codes, phreaking, viruses, anarchy, spamware etc. 3.2.3 Illegal Archives (audio, video and program archives/downloads) Sexually explicit, obscene or pornographic content (whether in text or graphics) 3.2.4 Content, speech, images or domains that are offensive, profane, promote hatred or ill will toward others, threatening, harmful, defamatory, libelous, harassing, discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise) or that promote any illegal activity. 3.2.5 Content, speech, images or domains that mock, ridicule or otherwise damage the reputation and/or goodwill of THE HOSTING SERVICE or any THE HOSTING SERVICE associate whether or not such is intended. 3.2.6 Graphic violence. 3.3 THE CLIENT agrees that neither THE CLIENT nor any content will interfere with the proper operation of THE HOSTING SERVICE's system resources, any other systems reachable through the Internet or restrict or inhibit any other user from using and enjoying the Internet. 3.3.1 This includes using any software, program or device that would facilitate a continous connection to THE HOSTING SERVICE's servers. 3.4 THE CLIENT agrees to adhere to system policies as published by THE HOSTING SERVICE including restrictions on services available with each service type, restrictions on certain features, and all other policies. 3.5 THE CLIENT agrees to abide by any and all future THE HOSTING SERVICE policy decisions. 3.6 As a client of THE HOSTING SERVICE, THE CLIENT agrees not to take any action against THE HOSTING SERVICE including but not limited to the use of any THE HOSTING SERVICE resources; email; newsgroup or forum posting to mock, ridicule or otherwise damage the reputation and/or goodwill of THE HOSTING SERVICE or any associate of THE HOSTING SERVICE. 3.7 THE HOSTING SERVICE reserves the right to terminate any account that does not conform to these requirements. 4.0 UNLAWFUL / PROHIBITED USE As a condition of your use of the THE HOSTING SERVICE's SERVICES, THE CLIENT warrants that THE CLIENT's account will not be used for any unlawful purpose including but not limited to the transmission, distribution or storage of any information, data or material in violation of United States or state regulation or law, or by common law. The foregoing includes but is not limited to material protected by copyright, trademark, trade secret, or any other statute. 4.1 THE HOSTING SERVICE reserves the right to remove such illegal material immediately without advanced notice. 5.0 UNLAWFUL / PROHIBITIED COMMUNICATIONS You agree not to use THE HOSTING SERVICE's services to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You understand that you are solely responsible for the content of any messages sent using the services provided by THE HOSTING SERVICE. 6.0 SECURITY Any attempt at to circumvent system or network security is prohibited and may result in criminal and civil liability. This includes but is not limited to the use of the following methods: 6.1 Unauthorized access, use, probing, or scanning of system security or authentication methods, data, or traffic; 6.1.1 Interference with service to any user, host, or network through methods such as but not limited to mail bombing, flooding, broadcast attacks or deliberate attempts to overload a system; 6.1.2 Forging of TCP-IP packet headers or any part of the header information in an email or newsgroup posting. 7.0 ZERO TOLERANCE SPAM POLICY THE HOSTING SERVICE takes a zero tolerance stance against spam. Any web site or service that engages in or supports spam; or causes THE HOSTING SERVICE's IP space to be listed in any of the various Spam Databases will have their site immediately and permantly removed from THE HOSTING SERVICE's network with or without prior notice to THE CLIENT. 7.1 THE HOSTING SERVICE's definition of spam includes but is not limited to: 7.1.1 The sending of unsolicited commercial email to any individual(s) who did not request such information or with whom a prior business relationship does not exist; 7.1.2 Excessive or inappropriate newsgroup or forum postings; 7.1.3 Excessive or inappropriate chat room messaging; 7.1.4 The sending of emails to any individual(s) who have requested to opt-out of such mailings regardless of any prior business relationship. 7.2 Without limitation, THE CLIENT and agents of THE CLIENT are strictly probited from utilizing the SERVICES provided by THE HOSTING SERVICE to: 7.2.1 Engage in any conduct as specified in sections 7.1.1-7.1.4; 7.2.2 Engage in any conduct as specified in sections 7.1.1-7.1.3 while using the service of another ISP to reference a web site hosted by THE HOSTING SERVICE; 7.2.3 Promote, distribute and/or sell any spam related material, product or service; 7.2.4 The purchase and use of email addresses in conjuction with the use of any SERVICES provided by THE HOSTING SERVICE. 7.3 Violators of this provision will be assessed fees in accordance with section 10.0 and face immediate suspension. THE HOSTING SERVICE shall be the sole determinor of what constitutes a violation of the preceeding provisions. 8.0 SERVICES For the term of the agreement as set forth herein THE HOSTING SERVICE agrees to provide SERVICES according the plan selected by THE CLIENT upon activation of THE CLIENT's account. 8.1 THE HOSTING SERVICE reserves the right to change, amend, discontinue and/or otherwise alter the SERVICES provided without prior notice to THE CLIENT. 8.2 Scripts included in any hosting plan shall be preinstalled in THE CLIENT's home directory unless otherwise specified. 8.2.1 Any script made available to THE CLIENT as part of the SERVICES provided by THE HOSTING SERVICE is for THE CLIENT's use on servers provided by THE HOSTING SERVICE shall remain the property of THE HOSTING SERVICE. 8.2.2 THE CLIENT may not use any such script made available to THE CLIENT for any purpose other than for use on servers provided by THE HOSTING SERVICE. 8.3 Unless otherwise specified, THE CLIENT shall retain ownership rights to any database records. 9.0 SAFELIST SCRIPT USE CONDITIONS / RESTRICTIONS THE HOSTING SERVICE shall provide a safelist script to THE CLIENT in accordance with the plan selected by THE CLIENT and subject to the provisions in herein. 9.1 Two (2) instances of the script provided by THE HOSTING SERVICE may be installed under one (1) account provided that (a)THE CLIENT has choosen a domain hosted account, (b)both instances are installed under domain names registered to THE CLIENT and/or THE CLIENT's business and (c)an "addon domain" has been activated within THE CLIENT'S account. 9.1.1 Only one (1) instance of the script provided by THE HOSTING SERVICE may be installed under a subdomain account. 9.2 THE CLIENT must at all times require that each subscriber to THE CLIENT's list validate each email address used by the subscriber including the validation of the subscriber's contact email address. No list messages may be sent to any subscriber without following the double opt-in procedures. 9.2.1 THE CLIENT MAY NOT VALIDATE A MEMBER'S EMAIL ADDDRESS(S) except in cases where the subscriber has demonstrated desire to opt in buy making a membership purchase. 9.3 THE CLIENT MUST maintain an up to date "terms of service" policy stating the list's policies including but not limited to whether commercial email messages will be sent to the subscriber's contact address, the method for opting out of the list and other policies. 9.4 Footers containing opt out information and a link to the list's "terms of service" policies must remain in all email messages sent through any list hosted by THE HOSTING SERVICE. 9.4.1 THE CLIENT may not use the SERVICES provided by THE HOSTING SERVICE to send commercial messages to any list subscriber without a means for unsubscribing. 9.5 THE CLIENT agrees that the "Powered By SafelistHosts.com" link shall not be removed while hosted with THE HOSTING SERVICE. 9.6 THE CLIENT is responsible for maintaining a "clean" list. To this extent, THE CLIENT agrees to make use of the script's bounce control feature. Failure to control member bounces may result in account suspension or termination. 10.0 DATA BACKUP Full back-ups are made weekly, and back-ups of new/changed data are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these back-ups. Back-ups are made for server restoration purposes only. 10.1 THE HOSTING SERVICE provides several options for THE CLIENT to backup THE CLIENT's data including through the script's admin interface and through the control panel provided by THE HOSTING SERVICE. THE CLIENT is responsible for for making and keeping backups of THE CLIENT's most current web site files on a remote system. 10.1.1 THE HOSTING SERVICE is not responsible for any lost files, information, or data. However, if any loss of data occurs due to an error on the part of THE HOSTING SERVICE, THE HOSTING SERVICE will use reasonable efforts to recover the data at no charge to THE CLIENT. If data loss occurs due to THE CLIENT's negligence in securing an account or for any other reason, THE HOSTING SERVICE will use reasonable efforts to recover the data from the most recent archive subject to the fees listed in section 11.0.4 herein. 11.0 FEES / PAYMENT / REFUNDS THE HOSTING SERVICE shall charge fees in accordance with the following section. All payments and fees shall be made in U.S. dollars and payable through Paypal. 11.0.1 SETUP THE HOSTING SERVICE shall impose a one-time set up fee on certain plans as stated on each hosting plan details page. 11.0.2 MONTHLY SERVICE FEES THE HOSTING SERVICE shall charge a monthly service fee rebillable each 30 day period for the hosting package selected according to the hosting plan details page. 11.0.2.1 The monthly service fee paid by THE CLIENT at the time of account creation shall remain in effect so long as THE CLIENT's account remains active. Should THE CLIENT's account become inactive, THE CLIENT may reactivate the account at the then current monthly service fee for the plan selected including any setup fees. 11.0.3 SCRIPT REINSTALLATION Should THE CLIENT require that the initial script be installed due to a fault of THE CLIENT, THE HOSTING SERVICE shall charge THE CLIENT a fee of $30.00 11.0.4 DATABASE / SITE RECOVERY THE HOSTING SERVICE may impose a fee of $60.00 for the recovery of THE CLIENT's site or database. 11.0.5 CHARGEBACK THE HOSTING SERVICE shall charge a fifty ($50.00) dollar processing fee for each individual chargeback and immediately suspend your account upon receipt of a chargeback. 11.0.5.1 In addition, accounts suspended for chargebacks will be subject to a reinstatement fee subject to the terms in section 11.0.6 herein. 11.0.6 REINSTATEMENT FEE THE HOSTING SERVICE may impose an account reinstatement fee of $10.00 on any account suspended for any reason. 11.0.7 SPAM FEE Upon successful demonstration that THE CLIENT has engaged in any spam related act or any act which causes the THE HOSTING SERVICE's Ip Address(s) to be listed in any spam database, THE HOSTING SERVICE shall impose a fee of no less than $150.00 upon THE CLIENT. 11.2 TERMS OF PAYMENT A setup fee (if any) and monthly service fees are due at the time THE CLIENT establishes a account with THE HOSTING SERVICE. 11.2.1 Payments may be made by credit card through Paypal or through the use of a Paypal account. A Paypal account is not required to make payment utilizing the Paypal system. 11.2.2 Payment for the monthly service fees will be automatically rebilled every 30 days. Should the payment attempt fail, another attempt will be made 3 days later. Should the second attempt fail, THE CLIENT's account will be suspended until such time as payment is made. 11.2.3 Accounts suspended for non-payment may be required to pay a reinstatement fee subject to section 11.0.6 herein. 11.3 REFUNDS Excepting for the conditions as set forth in section 14.2 herein, all payments made to THE HOSTING SERVICE are non-refundable. In no case shall setup fees, 11.4 UPGRADE CREDIT THE CLIENT may request an upgrade his/her account or services at anytime by contacting the billing department. 11.4.1 To determine the credit account, THE CLIENT's monthly service fee is divided by 30 and multiplied by the number of unused days in the billing cycle. This amount is then subtracted from the cost of THE CLIENT's new plan or the cost for any additional services. 12.0 ACCOUNT SHARING / RESELLING RESOURCES You agree that you are solely responsible for all use of your account. 12.1 You represent and warrant that the account purchased is for your use only. As such, you may not share, host, resell, rent, lease or give access to your account, its space, bandwidth or any other resources without prior written agreement with THE HOSTING SERVICE. 13.0 SERVICE PROVIDER'S RIGHTS THE CLIENT agrees that THE HOSTING SERVICE has the right to monitor its services and/or any accounts that utilizes its SERVICES and to disclose any information as necessary to satisfy the law, or to protect itself or its clients. 13.1 THE HOSTING SERVICE reserves the right to remove any information or materials in whole or in part that in its sole discretion, deems to be unacceptable, undesirable, or in violation of this agreement. Such information or materials may be removed by THE HOSTING SERVICE without prior notice to the client. 13.2 THE HOSTING SERVICE also reserves the right to refuse refunds in cases where THE HOSTING SERVICE believes abuse has taken place. 13.3 THE HOSTING SERVICE reserves the right to monitor any and all communications through or with our facilities. THE CLIENT agrees that THE HOSTING SERVICE is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded. 13.4 THE CLIENT agrees to receive periodic emails from THE HOSTING SERVICE regarding products, services, THE CLIENT's account and/or system updates. 13.5 THE CLIENT agrees that THE HOSTING SERVICE may use any communication provided to THE HOSTING SERVICE in any manner it chooses including but not limited to posting to THE HOSTING SERVICE's web site and/or promotional advertising without compensation to THE CLIENT. 14.0 ACCOUNT SUSPENSION / TERMINATION /CANCELLATION THE HOSTING SERVICE may suspend or terminate this agreement and your access to any or all THE HOSTING SERVICE related services at any time with or without cause, effective immediately. 14.1 SUSPENSION Should an account with THE HOSTING SERVICE be suspended due to a violation of THE HOSTING SERVICE's policies or for non-payment, THE CLIENT will be denied all access to the account including any files, records, databases, services, etc. 14.1.1 Should an account be suspended, THE CLIENT agrees to pay an account reactivation fee in accordances with the fee schedule posted herein. 14.1.2 Accounts not reactivated within 15 days of THE CLIENT'S notification will be subject to termination. 14.2 TERMINATION Should an account with THE HOSTING SERVICE be terminated by THE HOSTING SERVICE for any reason other than a violation of these terms or compliance with any law enforcement or court order, THE HOSTING SERVICE shall provide to THE CLIENT a prorated refund equal to the unused portion of the monthly, quaterly, semi-annual or annual payment. 14.2.1 The used portion shall be considered to run from the day the account is installed up to and including the day the account was terminated by THE HOSTING SERVICE. 14.2.2 THE HOSTING SERVICE shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from such discontinuation of services provided or lack of prior notification. 14.2.3 Anyone determined by THE HOSTING SERVICE to have violated these Terms may be barred from receiving any services provided by THE HOSTING SERVICE. 14.3 CANCELLATION THE CLIENT may cancel this Agreement at any time through the client billing area or by cancelling through PayPal. Cancellations through the telephone or email are not accepted. 14.3.1 All cancellation requests must be received by THE HOSTING SERVICE by midnight on the end of the current billing period in order to avoid paying for the next term's service. 14.3.2 No refunds shall be issued for any unused portion of a subscription as a result of the termination or cancellation of the agreement by THE CLIENT. 14.4 Upon termination or cancellation by either party, any data stored by the client may without exception, be immediately removed. 15.0 RELATIONSHIP OF THE PARTIES Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever. 16.0 DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY THE HOSTING SERVICE'S SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE HOSTING SERVICE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE PROVIDED BY THE HOSTING SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE HOSTING SERVICE, ITS EMPLOYEES, LICENSORS, AFFLIATES OR AGENTS SHALL CREATE A WARRANTY NOR MAY THE CLIENT RELY ON ANY SUCH INFORMATION OR ADVICE. 16.1 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE CLIENT AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF FEES PAID BY THE CLIENT TO THE HOSTING SERVICE FOR THE MONTH DURING WHICH ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY IS MADE. 16.2 UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL THE HOSTING SERVICE OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNIIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES PROVIDED BY THE HOSTING SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE SERVICES PROVIDED BY THE HOSTING SERVICE; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE HOSTING SERVICE RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT THE HOSTING SERVICE IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM THE HOSTING SERVICE AND ITS AFFILIATES. 17.0 INDEMNIFICATION THE CLIENT agrees to defend, indemnify and hold harmless THE HOSTING SERVICE against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys' fees) or claims caused by or resulting indirectly from THE CLIENT's use of the THE SERVICES, without limitation or exception, including THE CLIENT's violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of THE CLIENT's relationship with THE HOSTING SERVICE. 18.0 COPYRIGHT AND TRADEMARKS Content found within the THE HOSTING SERVICE Web Site is proprietary to THE HOSTING SERVICE and/or its suppliers, licensors and agents and are protected under Copyright. All rights are reserved. 18.1 THE HOSTING SERVICE reserves any rights not expressly granted herein. 18.2 Unless otherwise specified, THE HOSTING SERVICE retains all rights to any web design provided to THE CLIENT through the SERVICES provided by THE HOSTING SERVICE. 19.0 FORCE MAJEURE If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of THE HOSTING SERVICE, THE HOSTING SERVICE is unable to perform in whole or in part its obligations as set forth in this Agreement, then THE HOSTING SERVICE shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make THE HOSTING SERVICE liable to user of the SERVICES provided by THE HOSTING SERVICE. 20.0 GOVERNING LAW Ohio law shall govern this Agreement and any dispute arising from the relationship between the parties to this Agreement. Any law pertaining to any other jurisdiction shall be excluded. 20.1 In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the State of Ohio or to any Federal Court located within the State of Ohio. 21.0 ARBITRATION Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration before the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. 21.1 The arbitration shall be conducted in Ohio as the parties to this agreement agree to be governed by the laws of Ohio. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Ohio as necessary to protect the rights or property of the party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney's fees which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the state of Ohio with jurisdiction. 21.2 The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided. However, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party. 21.3 Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to one thousand ($1000) dollars. 22.0 SEVERABILITY If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. 23.0 ASSIGNMENT THE HOSTING SERVICE may assign, transfer or sell accounts or the services it provides under this agreement at any time. 23.1 In the event of a transfer of ownership, merger or consolidation of THE HOSTING SERVICE, the surviving individual(s) or entity and any subsidiaries are similarly subject to the rights and obligations of this Agreement. 23.2 THE CLIENT may not assign or transfer this agreement or any services provided by THE HOSTING service without the expressed written permission of THE HOSTING SERVICE. 24.0 ENTIRE AGREEMENT Unless otherwise specified herein, this Agreement constitutes the complete and exclusive Agreement between the parties regarding the products and/or services provided hereunder and supercedes any prior Agreements between the parties with respect thereto. 25.0 WAIVER The failure of THE HOSTING SERVICE to enforce a provision of this Agreement shall not be construed as a waiver or limitation of THE HOSTING SERVICE's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 26.0 MODIFICATION OF TERMS THE HOSTING SERVICE reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the THE HOSTING SERVICE Web Site. THE CLIENT is responsible for regularly reviewing this document. 26.1 Continued use of the SERVICES provided by THE HOSTING SERVICE after any such changes shall constitute your consent to such changes. THE HOSTING SERVICE does not and will not assume any obligation to notify THE CLIENT of any changes to these Terms.
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