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By using this site or hosting service, or any site hosted by Computing on Demand, Subscriber hereby agrees to the following: - In consideration for hosting services to be delivered, Subscriber agrees to be bound to the following terms:
- Subscriber agrees to adhere to the Computing on Demand Data Center Rules and Procedures. - Subscriber agrees not to engage in activity that violates federal (United States), state (New Jersey) or local (Warren County) laws applicable to the service terms described herein. - Computing on Demand reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, Data Center Rules and Procedures, and Terms of Services. - Subscriber agrees to indemnify and hold harmless Computing on Demand and the employees and agents of Computing on Demand against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party. - COMPUTING ON DEMAND SHALL NOT BE LIABLE FOR i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF COMPUTING ON DEMAND'S SERVICES AND PRODUCTS BY SUBSCRIBER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPUTING ON DEMAND PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPUTING ON DEMAND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPUTING ON DEMAND SHALL HAVE NO LIABILITY THEREFORE. - Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. - Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Subscriber as set forth in the Service Descriptions or Computing on Demand as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested. Computing on Demand 369 Janes Chapel Rd Oxford, NJ 07863 Attention Legal Department - Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to choice of law provisions that would cause the application of the law of another jurisdiction. |