| HOSTING
SERVICES TERMS AND CONDITIONS
PLEASE
READ THE FOLLOWING HOSTING SERVICES TERMS AND CONDITIONS.
BY SUBSCRIBING TO VISOX.COM’S SERVICES, YOU AGREE
TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT,
CLICK “I ACCEPT,” OR CHECK THE APPROPRIATE BOX
MANIFESTING YOUR INTENT TO BE BOUND BY THESE TERMS AND
CONDITIONS AND CONTINUE WITH THE ACCOUNT SET-UP PROCESS.
YOU SHOULD PRINT-OUT A COPY OF THIS AGREEMENT FOR FUTURE
REFERENCE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS
OF THIS AGREEMENT, CLICK THE “BACK” BUTTON ON
YOUR BROWSER AND DO NOT SUBSCRIBE TO VISOX.COM’S
SERVICES. VISOX.COM AGREES TO PROVIDE SERVICES TO
YOU ONLY IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
CONTAINED HEREIN.
This
Hosting Services Terms and Conditions (“Agreement”)
contains the complete and entire terms and conditions
that apply to your use of VISOX.COM’s Services
(as defined below). VISOX.COM may modify the terms
of this Agreement, including the Fees (as defined below)
at its sole discretion upon thirty (30) days’ notice
to you. Your continued use of the Services after the effective
date of such notice constitutes acceptance by you of such
modifications.
1.
SERVICES
At
the time of initial registration, you will select from
the list of available services the service plan(s) to
which you wish to subscribe (“Services”). All
subscriptions to Services are subject to acceptance by
VISOX.COM. Your subscription to the Services will
be deemed accepted by VISOX.COM when VISOX.COM
delivers a confirmation of the subscription to you. VISOX.COM reserves the right to refuse to provide you with
any Service for any reason. VISOX.COM also reserves
the right to interrupt access to the Services to perform
regular and emergency maintenance as needed. You may order
additional services at any time, provided that you agree
to pay the then-current fees for such additional services.
All additional services shall be considered “Services”
hereunder. All Services provided are subject to the terms
and conditions of this Agreement.
2.
DURATION OF AGREEMENT AND CANCELLATION POLICY
2.1 - The Initial Term shall begin upon confirmation of
Customer's order or commencement of the Services to Customer
and receipt of lawful funds. The term's length is chosen
by customer and shall be indicated in the Order Form.
After the Initial Term, this Agreement shall automatically
renew for successive terms, equal in length to the Initial
Term, unless terminated or canceled by either party as
provided herein. During the Term, and other as specified
herein, this agreement cannot be terminated by customer
for any reason.
2.2
- This agreement may be terminated by either party at
the renewal/anniversary date by giving the other party
notice at least 15 days prior to the renewal/anniversary
date of the Term (Customers need to use the Cancellation
Request Form at https://visox.com/cancel,
or by VISOX.COM in the event of nonpayment by Customer
or by VISOX.COM, at any time, without notice, if in VISOX.COM's
sole judgment Customer has in any way breached this Agreement
(Termination for Cause).
2.3 VISOX.COM may also terminate this agreement in its
sole discretion at any time for any or no reason, by giving
Customer 72 hours notice (Termination without Cause).
No refunds will be issued.
2.4 - If VISOX.COM cancels this agreement pursuant to
any of the terms outlined in this agreement, with the
exception of Termination without Cause pursuant to paragraph
2.3, VISOX.COM shall not refund to Customer any fees paid
or prepaid in advance of such cancellation and Customer
shall be obligated to pay all fees and charges accrued
prior to the effectiveness of such cancellation. In the
event that VISOX.COM terminates the agreement for cause
all prepaid hosting fees will be forfeited and are not
refundable. Furthermore, due to the fact that damages
are difficult to ascertain Customer consents that $150.00
per hosted domain and serviced package is reasonable.
2.5 - If prior to the end of the agreed on Term, Customer
cancels the Services for any reason, or VISOX.COM terminates
the Agreement due to Customer's breach of the VISOX.COM
User Agreement or Acceptable Usage Policy, Customer will
be charged a US$150.00 Breach-Of-Contract fee per domain
package and per hosting account as liquidated damages.
Client also forfeits any prepaid service fees. At no time
shall customer receive a refund of any prepaid service
fees.
2.6
- All sales are final! Except for a cancellation within
the first 30 days after of the service (Limited Money-Back
Guarantee)All sales are final! There is no "Cooling-Off
Period" and Customer can not cancel this Agreement,
other than provided in paragraph 2.2, prior to the end
of the Term as provided herein in for any reason. If Customer
cancels this Agreement before the end of the term customer
shall receive no refund for any prepaid hosting fees and
any such fees shall be forfeited. Any setup fees, fees
for additional services, as well as fees paid for domain
name registration ($15.00 per domain) are always non-refundable.
Customer acknowledges and agrees that the Cancellation
Request Form at https://visox.com/cancel
is the ONLY WAY TO EFFECTIVELY CANCEL a web hosting account
with VISOX.COM and meet potential deadlines to trigger
VISOX.COM's limited Money-Back Guarantee or to avoid automatic
renewal. Any cancellation requests sent to or directed
to VISOX.COM by email and/or phone and/or regular mail
shall be null and void.
3.
BILLING & PAYMENT
3.1
- All fees for web hosting or other Services are due in
advance and shall be in accordance with VISOX.COM's fee schedule,
which is incorporated herein by reference and may be amended
from time to time. In the event that customer elects to
pay with a credit card Customer authorizes VISOX.COM to charge
all fees owed to such credit card at the time or up to
30 days before they become due. Customer agrees to pay
a $25.00 (twenty-five dollars) late fee if customer's
account or accounts become more than ten (10) calendar
days overdue or if Customer's credit card is not accepted
when a charge is processed. Fees for renewal periods after
the Initial term shall become due 30 days before the first
day of such renewal period. VISOX.COM may impose a debt service
charge equal to one and one-half percent (1.5%) of the
overdue balance or a lesser amount where required by law
for each month or portion thereof the overdue amount remains
unpaid. In addition, in the event that any amount due
VISOX.COM remains unpaid five (5) calendar days after such
payment is due, VISOX.COM, in its sole discretion, may immediately
terminate this Agreement, and/or withhold or suspend Services.
Customer agrees that VISOX.COM may charge a $30.00 (thirty
dollars) fee to reinstate accounts that have been terminated
or suspended. All taxes, fees and governmental charges
relating to the Services provided hereunder (other than
income taxes of VISOX.COM) shall be paid by Customer.
3.2
- Customer agrees that VISOX.COM may charge up to 30 days
in advance all fees due for the Services provided to Customer
under this agreement to the credit card supplied by Customer
during registration or at any time thereafter and customer
specifically agrees not to charge back any payments VISOX.COM
processes through Customer's credit card.34.3
- Customer acknowledges and specifically agrees that chargebacks
- which might occur if Customer disputes VISOX.COM charges
directly with Customer's credit card bank - are unlawful
if VISOX.COM's service has been rendered. If customer has
a fee dispute with VISOX.COM he has to settle such dispute
with VISOX.COM directly without initiating any chargeback
procedures.
3 .4 - Customer acknowledges and specifically agrees that
VISOX.COM may charge customer's bank account electronically
for all charges due, if customer has provided VISOX.COM with
proper bank information or supplied a paper check. All
paper checks will be converted into electronic checks
(eChecks).
3.5
- Returned and refused checks will be assessed a $25.00
charge. Incoming wire transfers will incur a $25 charge.
3 .6 - In the event of a default, Customer agrees to be
responsible for all breach-off-contract fees, late fees,
collection fees and expenses as well as reasonable attorneys
fees and expenses
4.
ACCEPTABLE USE POLICY
You
agree to comply with the VISOX.COM Acceptable Use
Policy, which may be found by going to VISOX.COM’s
web site at www.nakedhosting.com, as modified from time
to time, which is hereby made a part of this Agreement.
VISOX.COM reserves the right to modify the applicable
Acceptable Use Policy at any time by posting the modified
policy on its web site and you agree to monitor this web
site and comply with any such modifications.
VISOX.COM may, at its sole discretion, immediately terminate
your access to the Services if your conduct (or if VISOX.COM believes that your conduct) violates the Acceptable
Use Policy. You further agree to require your end users
to comply with the Acceptable Use Policy. VISOX.COM
may, at its sole discretion, immediately terminate your
access to the Services, if any of your end users violate
the Acceptable Use Policy.
VISOX.COM will not actively monitor the content of the web
sites being hosted by VISOX.COM, although VISOX.COM,
at its sole discretion, may elect to electronically monitor
its network and may disclose any content or records concerning
your account as necessary to satisfy any law, regulation,
or other governmental request or to properly operate our
network and protect any of our customers. VISOX.COM
will investigate complaints of a violation of a third
party right or of the Acceptable Use Policy. VISOX.COM
will cooperate with those attempting to minimize Internet
abuse and reserves the right to institute “filters”
or other mechanisms for that purpose. VISOX.COM will
cooperate with law enforcement authorities and will notify
such authorities if it suspects that you or any of your
end users are engaged in illegal activities. You acknowledge
and expressly agree that VISOX.COM will not be liable
to you or any of your end users for any action VISOX.COM
takes to remove or restrict access to the Services for
any alleged violation of the Acceptable Use Policy, or
exorcising its rights as a Good Samaritan or under the
Digital Millennium Copyright Act.
When
you register for the Services, VISOX.COM will ask
you to select a user ID and a password. You may use the
Services or modify your information, data and content
only through such user ID and password. You are entirely
responsible for maintaining the confidentiality of your
user ID and password. You are entirely responsible for
any and all activities which occur under your user ID
and password. You agree to immediately notify VISOX.COM
of any unauthorized use of your account or any other breach
of security known to you.
5.
PROPERTY RIGHTS
As
between you and VISOX.COM, VISOX.COM acknowledges
that it claims no proprietary rights in or to the content
(including without limitation, text, software, music,
sound, audio visual works, motion pictures, photographs,
animation, video and graphics) supplied by you for use
on your web site (“Your Content”). You hereby
grant to VISOX.COM a non-exclusive, worldwide and
royalty-free license to copy, make derivative works, display,
perform, use, broadcast and transmit on and via the Internet
Your Content, solely for the benefit of you and in accordance
with VISOX.COM’s performance of its obligations
hereunder.
In
connection with performance of the Services and at the
sole discretion of VISOX.COM with no obligation, VISOX.COM may provide you with certain materials, including,
without limitation, computer software (in object code
or source code form), data, documentation or information
developed or provided by VISOX.COM or its suppliers
under this Agreement, domain names, electronic mail addresses
and other network addresses assigned to you, and other
know-how, methodologies, equipment, and processes used
by VISOX.COM to provide you with the Services to Client
(“Host Materials”). Subject to the terms and
conditions of this Agreement, VISOX.COM hereby grants
you a limited, revocable, non-transferable, non-exclusive
license to use the Host Materials solely in connection
with the Services. As between you and VISOX.COM, you
acknowledge and agree that VISOX.COM owns all right,
title, and interest or otherwise has acquired all applicable
licenses for the Host Materials, and all copyright, trade
secret, patent, trademark and other intellectual property
rights therein. Any use of the Host Materials is not licensed
and strictly prohibited. You agree that you will not upload,
transmit, reproduce, distribute or in any way exploit
any Host Materials obtained through the Services without
first obtaining the express written permission to do so
from VISOX.COM.
This
Agreement does not constitute a license to use VISOX.COM’s
trade names, service marks or any other trade insignia.
Any use of any of VISOX.COM’ trade names, services
marks or any other trade insignia shall be subject to
VISOX.COM’ prior written consent.
6.
NO WARRANTIES
YOU
EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR
SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON
AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE”
BASIS. VISOX.COM EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
VISOX.COM MAKES NO WARRANTY THAT THE SERVICES WILL
MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES VISOX.COM
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES
OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES
WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE
YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN
DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR
DATA.
VISOX.COM MAY MAKE THIRD-PARTY GOODS, SERVICES AND/OR SOFTWARE
AVAILABLE TO YOU THAT ARE NOT PART OF THE SERVICES (“THIRD-PARTY
SERVICES”). VISOX.COM HAS NO CONTROL OVER THE
CONTENT OF THIRD-PARTY SERVICES. USE OF ANY THIRD-PARTY
SERVICES WILL BE AT YOUR OWN AND SOLE RISK AND SUBJECT
TO THE TERMS AND CONDITIONS OF A SEPARATE AGREEMENT BETWEEN
YOU AND THE THIRD-PARTY.
VISOX.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICES.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM VISOX.COM OR THROUGH THE SERVICES SHALL
CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL
OR OTHERWISE.
UNLESS
OTHERWISE AGREED TO IN WRITING, VISOX.COM DOES NOT
MAKE A BACK-UP OF YOUR SITE(S) AS PART OF THE SERVICES.
ACCORDINGLY, WE ENCOURAGE YOU TO MAKE A BACK-UP OF YOUR
SITE(S) ON A REGULAR BASIS.
7.
LIMITATION ON LIABILITY
YOU
ARE SOLELY RESPONSIBLE FOR THE PROPER OPERATION OF YOUR
WEB-SITE AND/OR CONDUCT OF YOUR BUSINESS AND ALL OTHER
MATTERS UNDER YOUR CONTROL. IN NO EVENT SHALL VISOX.COM
BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED
TO YOUR OPERATION OF YOUR WEB-SITE AND/OR BUSINESS OR
FAILURE TO OPERATE YOUR WEB-SITE AND/OR BUSINESS.
THIS
SECTION APPLIES TO ALL CLAIMS BY YOU OR YOUR END USERS
IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING THE CLAIM,
INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT,
INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY,
FRAUD, AND/OR MISREPRESENTATION.
REGARDLESS
OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
YOU AGREE THAT IN NO EVENT WILL VISOX.COM, OUR AFFILIATES,
CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR
LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING
OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE
ON THE SERVICES (“AFFILIATES”), BE LIABLE TO
YOU IN ANY MANNER WHATSOEVER: (A) FOR ANY DECISION MADE
OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON
THE INFORMATION PROVIDED THROUGH THE SERVICES; (B) FOR
LOSS OR INACCURACY OF DATA OR, COST OF PROCUREMENT OF
SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES,
LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION
OR SIMILAR ACTION, EVEN IF VISOX.COM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
THE
TOTAL AGGREGATE AND MAXIMUM LIABILITY OF VISOX.COM
AND THE AFFILIATES, ARISING FROM OR OTHERWISE RELATING
TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR
CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO VISOX.COM DURING THE SIX (6) MONTHS PRIOR TO THE ACCRUAL
OF THE CAUSE OR CAUSES OF ACTION.
8.
INDEMNIFICATION
You
agree to defend, indemnify, and hold VISOX.COM and
its Affiliates harmless from and against any and all claims
and liabilities, including reasonable attorneys’
and experts’ fees, related to or arising from (a)
any breach of your covenants under this Agreement; (b)
your use of the Services; (c) all conduct and activities
occurring under your user ID and password; (d) any item
or service sold or advertised in connection with Your
Content or your information and data; (e) any defamatory,
libelous or illegal material contained within Your Content
or your information and data; (f) any claim or contention
that Your Content or your information and data infringes
any third party’s patent, copyright or other intellectual
property rights or violates any third party’s rights
of privacy or publicity; (g) third party’s access
or use of Your Content or your information and data; (h)
any violation of the applicable Acceptable Use Policy;
(i) to the extent applicable, Your Content complies with
Title 18, U.S.C. s. 2257 and that all models depicted
in the Your Content are over the age of eighteen (18);
(j) Your Content does not contain any images which constitute
child pornography, obscenity, bestiality, actual depictions
of violence, or are otherwise illegal in the United States
of America; and (k) all representations and reproductions
of any aspect of the likeness of actual people in the
Your Content have been duly authorized and permitted by
the persons depicted. VISOX.COM reserves the right,
at its own expense, to participate in the defense of any
matter otherwise subject to indemnification from you,
but shall have no obligation to do so. You shall not settle
any such claim or liability without the prior written
consent of VISOX.COM, which shall not be unreasonably
withheld.
9.
TERM AND TERMINATION
This
Agreement shall be effective for as long as you use the
Services. Either you or VISOX.COM may terminate this
Agreement, with or without cause, upon thirty days notice
to the other party. In addition to VISOX.COM’s’
right to terminate this Agreement provided elsewhere in
this Agreement, VISOX.COM may terminate this Agreement
immediately if, based on VISOX.COM’ sole judgment,
it determines that you have (a) breached the applicable
Acceptable Use Policy, (b) infringed or violated any intellectual
property right or privacy or publicity right of a third
party, or (c) not complied with Title 18, U.S.C. s. 2257,
or that any of the Your Content contains images which
constitute child pornography, obscenity, bestiality, actual
depictions of violence, or are otherwise illegal in the
United States of America.
The
termination of this Agreement will terminate your access
to the Services and your license to the Host Materials.
VISOX.COM shall not be liable to you or to any third
party for termination of the Services for any reason.
The termination of this Agreement does not relieve you
of your obligation to pay any Fees accrued or payable
to VISOX.COM prior to the effective date of termination
of this Agreement.
Upon
termination of this Agreement, VISOX.COM reserves
the right to maintain copies of your data files and records
for archival purposes. VISOX.COM reserves the right
to impose an early termination charge for all Services
terminated prior to the last day of the billing cycle.
Upon
termination of this Agreement, provisions that by their
nature would be expected to survive termination shall
survive and remain in full force and effect in accordance
with their terms.
10.
GENERAL PROVISIONS
A.
Governing Law.
This Agreement and all matters arising out of or otherwise
relating to this Agreement shall be governed by the laws
of the State of Nevada, excluding its conflict of law
provisions. The parties hereby submit to the personal
jurisdiction of the state and federal courts of the State
of Nevada. Exclusive venue for any litigation permitted
under this Agreement shall be with the state and federal
courts located in San Bernardino County, California.
B.
Arbitration.
If there is a dispute between the parties arising out
of or otherwise relating to this Agreement, the parties
shall meet and negotiate in good faith to attempt to resolve
the dispute. If the parties are unable to resolve the
dispute through direct negotiations, then, except as otherwise
provided herein, either party may submit the issue to
binding arbitration in accordance with the then-existing
Commercial Arbitration Rules of the American Arbitration
Association. The arbitration shall be conducted in San
Bernardino County, California and conducted by a single
arbitrator, knowledgeable in Internet and e-Commerce.
Except as provided below, the party bringing the action
shall be responsible for paying all costs for arbitration,
including the arbitrator’s fees. Each party shall
bear its own attorneys’ fees (except if the matter
is for the collection of a debt owed, the prevailing party
shall be awarded its attorneys fees, all arbitration costs
and arbitrator fees, in addition to all other applicable
remedies). The arbitrator shall have no authority to award
any punitive or exemplary damages; certify a class action;
add any parties; vary or ignore the provisions of this
Agreement, and shall be bound by governing and applicable
law.
C.
Assignment. The
rights and liabilities of the parties hereto will bind
and inure to the benefit of their respective assignees,
successors, executors, and administrators, as the case
may be. Neither this Agreement nor any rights granted
hereunder may be sold, leased, assigned or otherwise transferred,
in whole or in part by you.
D.
Severability. If
for any reason a court of competent jurisdiction or arbitrator
finds any provision of this Agreement, or any portion
thereof, to be unenforceable, that provision will be enforced
to the maximum extent permissible and the remainder of
this Agreement will continue in full force and effect.
E.
No Waiver.
Failure by either party to enforce any provision of this
Agreement will not be deemed a waiver of future enforcement
of that or any other provision, and no waiver of one breach
will constitute a waiver of subsequent breaches of the
same or of a different nature.
F.
Complete Agreement.
This Agreement (including the Acceptable Use Policy and
Privacy Policy) constitute the entire agreement between
the parties with respect to the Services, and supersedes
and replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject
matter. No amendment to or modification of this Agreement
will be binding unless in writing and signed by a duly
authorized representative of both parties.
G.
Relationship Between the Parties.
VISOX.COM is an independent contractor; nothing in
this Agreement shall be construed to create a partnership,
joint venture or agency relationship between the parties.
H.
Headings.
Section and subsection headings of this Agreement are
inserted for convenience only and shall not be deemed
to constitute a part hereof nor to affect the meaning
thereof
I.
Force Majeure.
VISOX.COM shall not be responsible for any failure to
perform due to unforeseen circumstances or to causes beyond
its reasonable control, including but not limited to:
acts of God; war, riot, embargoes, acts of civil or military
authority, or terrorism; fire, flood, earthquakes, hurricanes,
tropical storms or other natural disasters; fiber cuts;
strikes, or shortages in transportation, facilities, fuel,
energy, labor or materials; failure of the telecommunications
or information services infrastructure; hacking, SPAM,
or any failure of a computer, server or software, including
Y2K errors or omissions, for so long as such event continues
to delay VISOX.COM’s performance.
J.
Export. You
understand and acknowledge that the software elements
of the Host Materials may be subject to regulation by
agencies of the U.S. Government, including the U.S. Department
of Commerce, which prohibits export or diversion of software
to certain countries and third parties. You will not assist
or participate in any such diversion or other violation
of applicable U.S. laws and regulations. You warrant that
you will not license or otherwise permit anyone not approved
to receive controlled commodities under applicable U.S.
laws and regulations and that you will abide by such laws
and regulations.
K.
Government Rights. The
software elements of the Host Materials have been developed
at private expense and is “commercial computer software”
or “restricted computer software” within the
meaning of the FARs, the DFARs, and any other similar
regulations relating to government acquisition of computer
software. Nothing contained herein will be deemed to:
(i) grant any government agency any license or other rights
greater than are mandated by statute or regulation for
commercial computer software developed entirely at private
expense, or (ii) restrict any government rights in any
extensions or custom solutions provided hereunder and
developed at government expense.
L.
Notices Electronic Communications. All
notices permitted or required under this Agreement may
be sent by e-mail, fax, express mail, mail, or registered
mail to the e-mail address, fax number, or address most
recently provided and will be effective upon transmission.
Evidence of successful transmission shall be retained.
Each of us may communicate with the other by electronic
means as described in this Agreement. Each of us agrees
to the following for all electronic communications: (i)
The user identification of a sender, contained in an electronic
communication, is legally sufficient to verify the sender’s
identity and the communication’s authenticity; (ii)
An electronic communication sent by you containing your
user identification establishes you as its originator
and has the same effect as a document with your written
signature on it; and (iii) An electronic communication,
or any computer printout of it, is valid proof of the
validity of the original document of the electronic communication.
Last
Revised 09/01/05
Visox, Inc. Confidential & Proprietary
|
