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ARROBREEZE'S HOSTING AGREEMENT
This Web Hosting Services Agreement ("Agreement")
is a valid legal agreement between Arrowbreeze and you, the
individual or single entity ordering Arrowbreeze’s web
hosting services ("Services") either via an on-line
order form or via Arrowbreeze’s customer service ("Sign-up
Process"). This Agreement governs your purchase and use
of Arrowbreeze’s Services ordered by you during the
Sign-up Process.
You must check the acceptance
box before Arrowbreeze will activate the Services. PLEASE
READ THIS AGREEMENT CAREFULLY BEFORE COMPLETING THE ACCEPTANCE
PROCESS. Arrowbreeze reserves the right to reject this Agreement
for any reason prior to acceptance. Activation of the Services
will indicate Arrowbreeze’s acceptance of this Agreement.
Arrowbreeze may amend or
otherwise modify this Agreement at any time and from time
to time without notice to you. You will be bound by the amended
Agreement upon your continued use of the Services after the
revised Agreement is posted at this web site. You may identify
whether Arrowbreeze has revised this Agreement by the Effective
Date in Section 9.9 below.
1. Services
Arrowbreeze offers a number
of standard and customized shared and dedicated web hosting
plans as published on the Arrowbreeze website for the particular
brand of Service offered by Arrowbreeze. You may also purchase
optional add-ons. Subject to these Terms of Service and during
the term of this Agreement, Arrowbreeze agrees to provide
to you the Services you select during the Sign-up Process.
Arrowbreeze reserves the right to amend its Services offerings
and to add, delete, suspend or modify the terms and conditions
of the Services, at any time and from time to time, and to
determine whether and when any such changes apply to both
existing and future customers.
2. Fees and Payment
Terms
2.1 Arrowbreeze may charge
set up fees, recurring service fees, and other one-time fees
for optional services and, if requested by you, fees for domain
name registration services (collectively "Service Fees").
Unless otherwise specified in any written offer or promotion,
the Service Fees published on the Arrowbreeze website for
the particular brand of Service you ordered are applicable
to all transactions between you and Arrowbreeze. Arrowbreeze
may amend the Services and/or the Service Fees associated
with any of the Services at any time and from time to time
without notice to you.
2.2 All Service Fees are
due according to the schedule published on the Arrowbreeze
website for the particular brand of Services you ordered or,
if not published, on the first day of the billing cycle. All
Service Fees and other monetary payments must be made in U.S.
Dollars. If you are not billed by invoice, you authorize Arrowbreeze
to charge the credit card, debit card or bank account (whether
via ACH service or otherwise) (your "Payment Process")
that you provide to Arrowbreeze for payment of the Service
Fees for Services you order before Arrowbreeze activates the
Services. You further authorize Arrowbreeze to charge you
according to your Payment Process for the amount of all subsequent
periodic Service Fees (at Arrowbreeze’s then-current
rates) prior to the commencement of any renewal period for
such Services as described in Section 3 of this Agreement
and for the amount of all other fees and charges (at Arrowbreeze’s
then-current rates) as they become payable pursuant to this
Agreement. Services Fees and all other fees and charges that
become due during any renewal period will be charged according
to your previous payment option and/or Payment Process. All
Payment Process payments are deemed authorized by you and
will be assessed in real time.
2.3 If Arrowbreeze does
not receive payment from your Payment Processor (i.e., credit
or debit card issuer or other financial institution), you
agree to pay Arrowbreeze all amounts due upon demand. Arrowbreeze
may charge you for an administrative fee for any returned
checks or if your Payment Processor declines payment. You
agree to pay Arrowbreeze’s collection costs, including
reasonable attorneys’ fees, if Arrowbreeze is required
to take action to collect any amounts that you fail to pay
when due pursuant to this Agreement.
2.4 Arrowbreeze may, in
its sole and exclusive discretion, immediately suspend or
terminate your Services without notice to you if you fail
to provide valid Payment Processor information or authorization
or fail to pay for any Services when due.
2.5 There is a non-refundable
registration fee for all new domains that you purchase through
Arrowbreeze. Arrowbreeze may automatically pay this fee as
well as all annual non-refundable renewal fees (both fees
also "Service Fees") up to fifteen (15) days in
advance of the renewal date on your behalf provided your account
is active and current. These Service Fees will appear on your
next billing statement unless prior arrangements are made
with the Arrowbreeze customer service department. You agree
that you are responsible for reimbursing Arrowbreeze for all
Service Fees advanced on your behalf.
3. Term and Termination
3.1 The Agreement will continue
for the term stated in during the Sign-up Process or, if no
term is stated, on a month-to-month basis. The Agreement will
automatically renew for successive terms, each equal in length
to that of the initial term. Either party may terminate this
Agreement effective at the end of the then current term, whether
annual, month-to-month or some other fixed term, upon at least
thirty (30) days notice prior to the end of the then current
term and such termination will be effective upon expiration
on the last day of the then current term. The termination
of this Agreement will constitute the termination of all of
your Services.
3.2 If you breach any term
of this Agreement including, but not limited to, Section 2
(Fees and Payment Terms) and Section 5 (Restrictions on Use),
Arrowbreeze may, in its sole and exclusive discretion, suspend
or terminate your Services immediately and without notice
to you. Service Fees may continue to accrue on suspended accounts
and you will continue to remain responsible for the payment
of any Service Fees that accrue during the period of suspension.
3.3 IF THIS AGREEMENT IS
TERMINATED FOR ANY REASON PRIOR TO THE EXPIRATION OF THE INITIAL
TERM, ARROWBREEZE WILL NOT PROVIDE ANY REFUND OR CREDIT TO
YOU FOR ANY SERVICE FEES THAT YOU PAID IN ADVANCE, BY CREDIT
CARD OR OTHERWISE, AND ARROWBREEZE WILL HAVE THE RIGHT TO
CHARGE YOU FOR AN ACCOUNT ADMINISTRATION FEE OF TWENTY DOLLARS
($20.00) WHICH FEE WILL NOT BE OFFSET BY ANY PRE-PAID AMOUNTS.
You authorize Arrowbreeze, in its sole and exclusive discretion,
to charge your Payment Process or forward an invoice to you
immediately upon the termination of this Agreement for the
amount of any Service Fees that are then outstanding.
4. Warranty Disclaimers
and Limitations of Liability
YOU AGREE THAT THE WARRANTY
DISCLAIMERS AND LIMITATIONS OF LIABILITY PROVISIONS SET FORTH
IN THIS SECTION 4 ARE REASONABLE AND ARE FUNDAMENTAL ELEMENTS
OF THE AGREEMENT BETWEEN YOU AND ARROWBREEZE. YOU ACKNOWLEDGE
THAT ARROWBREEZE WOULD NOT BE ABLE TO PROVIDE THE SERVICES
ON AN ECONOMIC BASIS WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.
4.1 ARROWBREEZE PROVIDES
THE SERVICES AND THE LICENSED MATERIAL (AS DEFINED IN SECTION
7.2 BELOW) TO YOU ON AN "AS IS" AND "AS AVAILABLE"
BASIS. ARROWBREEZE MAKES NO EXPRESS WARRANTIES OF ANY KIND
AND DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT REGARDING ANY SERVICES
OR ANY EQUIPMENT THAT ARROWBREEZE MAY PROVIDE TO YOU OR REGARDING
THE LICENSED MATERIAL. ARROWBREEZE DOES NOT WARRANT THAT THE
SERVICES, THE LICENSED MATERIAL OR THE USE OF EITHER WILL
BE WITHOUT INTERRUPTION, ERROR-FREE OR FREE FROM VIRUSES OR
OTHER HARMFUL COMPONENTS. ARROWBREEZE MAKES NO WARRANTIES
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES OR THE LICENSED MATERIAL OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED
IN OR PROVIDED THROUGH THE SERVICES, THE LICENSED MATERIAL
OR THE INTERNET. ARROWBREEZE IS NOT LIABLE, AND EXPRESSLY
DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED
EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS
VIA THE SERVICES PROVIDED BY ARROWBREEZE. NO ORAL ADVICE OR
WRITTEN INFORMATION GIVEN BY ARROWBREEZE, ITS EMPLOYEES, REPRESENTATIVES,
AGENTS, AFFILLIATES OR CONTRACTORS WILL CREATE A WARRANTY,
EXPRESS OR IMPLIED, NOR MAY YOU RELY ON ANY SUCH ADVICE OR
INFORMATION. SOME STATES (UNITED STATES ONLY) DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES. CONSEQUENTLY, THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU TO THAT LIMITED EXTENT. YOU
AGREE THAT, IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH
RESPECT TO THE SERVICES, THE LICENSED MATERIAL OR ANY EQUIPMENT
THAT ARROWBREEZE MAY PROVIDE TO YOU, ALL SUCH WARRANTIES WILL
BE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE THE
SERVICE COMMENCED OR THE LICENSED MATERIAL IS INSTALLED.
4.2 YOU AGREE TO INDEMNIFY,
DEFEND AND HOLD HARMLESS ARROWBREEZE AND ITS SUBSIDIARIES
AND AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS,
LOSSES, DAMAGES, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED
TO, REASONABLE ATTORNEYS’ FEES, RELATED TO OR ARISING
FROM: (I) YOUR AND YOUR END USERS’ USE OF THE SERVICES
AND/OR THE LICENSED MATERIAL; (II) ANY VIOLATION OF THE AUP;
(III) ANY BREACH BY YOU ANY PROVISION OF THIS AGREEMENT; AND/OR
(IV) ANY ACTS OR OMISSIONS BY YOU.
4.3 Information obtained
by you from the Internet may be inaccurate, offensive or in
some cases illegal. Arrowbreeze has no control over information
contained on the Internet and accepts no responsibility for
any information that you may receive via the Internet.
4.4 You accept full responsibility
to verify the truth and accuracy, legality and ownership of
the information that you disseminate or display in connection
with your use of the Services or obtain from the Internet.
4.5 You agree that if Arrowbreeze
takes any corrective action under this Agreement in response
to your or your end users’ actions or failures to act,
that corrective action may adversely affect you or your end
users and you agree that Arrowbreeze shall have no liability
to you or your end users due to any corrective action taken
by Arrowbreeze.
4.6 Arrowbreeze strongly
encourages you to back-up your data regularly. You agree that
Arrowbreeze has no obligation to back-up any data related
to your website unless Arrowbreeze expressly agrees otherwise
in writing and you have currently paid for such back-up Services.
You agree that you will regularly back-up your data whether
or not Arrowbreeze has any obligation to do so. You further
agree that your failure to back-up your data regularly will
mitigate against any claim for damages you may bring against
Arrowbreeze relating to any loss of your data.
4.7 YOU AGREE THAT, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER
ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
HOLD ARROWBREEZE OR ITS LICENSORS LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER
PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER
THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY
WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL
THEORY AND APPLY EVEN IF ARROWBREEZE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS
ARROWBREEZE’S LIABILITY WILL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
4.8 YOU AGREE THAT YOU WILL
NOT HOLD ARROWBREEZE OR ITS LICENSORS LIABLE UNDER ANY CIRCUMSTANCE
FOR ANY DAMAGES THAT YOU SUFFER THAT RESULT FROM (I) THE USE
OF OR INABILITY TO USE THE SERVICES OR LICENSED MATERIAL,
(II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES,
LOSS OR CORRUPTION OF DATA AND/OR BACK-UP DATA, FAILURE TO
PERFORM DATA BACK-UP FUNCTIONS (OTHER THAN THOSE EXPRESSLY
AGREED TO BY ARROWBREEZE AND CURRENTLY PAID FOR BY YOU), ERRORS,
VIRUSES, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERIES,
MISDELIVERIES OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT
CAUSED BY ARROWBREEZE’S NEGLIGENCE, ACTS OF GOD, ANY
FAILURE OF ARROWBREEZE’S NETWORK OR SYSTEMS, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO ARROWBREEZE'S RECORDS,
PROGRAMS, EQUIPMENT OR SERVICES; (III) YOUR ACTS OR OMISSIONS;
OR (IV) THE ACTS OR OMISSIONS OF THIRD PARTIES.
4.9 The terms of this Section
4 shall survive any termination of this Agreement.
5. Restrictions
on Use
5.1 Your use of the Services
is subject to Arrowbreeze’s Acceptable Use Policy, as
revised from time to time (the "AUP"), which is
incorporated herein by reference. The AUP is available on
Arrowbreeze’s website at www.arrowbreeze.com/policy.html.
In the event of any inconsistencies between this Agreement
and the AUP, the terms of the AUP shall govern.
5.2 Arrowbreeze does not
intend to systematically monitor the content that is submitted,
stored, distributed or disseminated by you via the Services
(the "Your Content"). Your Content includes content
of your end users and/or users of your website. Accordingly,
you are responsible for your end users’ content and
all activities on your website. Arrowbreeze, in its sole and
exclusive discretion, may immediately take corrective action,
including, but not limited to, removal of all or a portion
of Your Content and suspension and/or termination of your
Services, in the event of notice of any possible violation
of the AUP by you or your end users. You agree that Arrowbreeze
will have no liability to you or any of your end users due
to any corrective action that Arrowbreeze may take and that
you will not be entitled to a refund of any fees paid in advance
prior to the corrective action.
5.3 You warrant that Your
Content does not violate or infringe any copyright, trademark,
patent or intellectual or other proprietary property right
of any third party or contain any obscene or libelous material
or otherwise violate any law or regulation.
5.4 Your use of networks
or computing resources provided to Arrowbreeze by third party
providers and made available to you as part of the Services
is subject to the respective permission and usage policies
of such third parties.
5.5 You expressly (i) grant
to Arrowbreeze a license to cache the entirety of Your Content
and your web site, including content supplied by third parties,
hosted by Arrowbreeze under this Agreement, and (ii) agree
that such caching is not an infringement of any of your intellectual
property rights or any third party's intellectual property
rights.
5.6 If Arrowbreeze assigns
to you an Internet Protocol address for your use, you may
use that Internet Protocol address only as expressly permitted
by Arrowbreeze in connection with your use of the Services
during the term of this Agreement. Arrowbreeze will maintain
and control ownership of all Internet Protocol numbers and
addresses that may be assigned to you by Arrowbreeze. Arrowbreeze
reserves the right, in its sole and exclusive discretion,
to change or remove any and all such Internet Protocol numbers
and addresses.
5.7 You agree that you will
not use excessive amounts of CPU processing on any of Arrowbreeze's
servers. Arrowbreeze, in its sole and exclusive discretion,
may immediately take corrective action, including, but not
limited to, assessment of additional fees and suspension and/or
termination of Services, in the event you violate this policy.
You agree that Arrowbreeze will have no liability to you or
any of your end users due to any corrective action that Arrowbreeze
may take and that you will not be entitled to a refund of
any fees paid in advance prior to the corrective action.
5.8 You agree that you will
not use bandwidth and disk usage amounts that exceed the limits
applicable to your Services as published on the Arrowbreeze
website for the particular brand of Services you ordered ("Agreed
Usage"). Arrowbreeze will monitor your bandwidth and
disk usage. Arrowbreeze, in its sole and exclusive discretion,
may immediately take corrective action, including, but not
limited to, assessment of additional fees and suspension and/or
termination of Services, in the event you exceed the Agreed
Usage. You agree that Arrowbreeze will have no liability to
you or any of your end users due to any corrective action
that Arrowbreeze may take and that you will not be entitled
to a refund of any fees paid in advance prior to the corrective
action.
6. Trademarks and
Proprietary Rights
6.1 Arrowbreeze and other
pending and/or registered trademarks and service marks, and
other graphics, logos, and service names used by Arrowbreeze
in connection with the Services or other products or services
offered by Arrowbreeze and its subsidiaries and affiliates,
to identify the products or Services of Arrowbreeze or its
subsidiaries and affiliates (collectively the "Arrowbreeze
Trademarks") are the trademarks of Arrowbreeze and its
subsidiaries and affiliates. You agree not to use the Arrowbreeze
Trademarks in connection with your products or services, or
any third-party’s products or services, or in any manner
that disparages or discredits Arrowbreeze. All other brands
and names (including third-party product names) used in connection
with the Services or other products or services offered by
Arrowbreeze and its subsidiaries and affiliates are the property
of their respective owners.
6.2 Arrowbreeze acknowledges
that it claims no proprietary rights in Your Content or any
intellectual property right contained therein. You acknowledge
and agree that Arrowbreeze and its licensors own all right,
title, and interest in: (a) the Services and any other products
or services offered by Arrowbreeze and its subsidiaries and
affiliates; (b) the technology available to you as part of
the Services; (c) and all content, including but not limited
to text, software, music, sound, photographs, video, graphics,
or other material contained or maintained on the websites
maintained by Arrowbreeze and its subsidiaries and affiliates
(collectively "Arrowbreeze Content"), excluding
Your Content.
7. License
7.1 This Section 7 (the
"License") applies to you only if you use software
licensed to you in connection with the Services and is in
addition to and not in lieu of all other Terms of Service
that govern your Services.
7.2 In connection with the
Services, Arrowbreeze may make available to you the Arrowbreeze
Content, certain technology and software owned by Arrowbreeze
or third parties (which may include corresponding documentation,
associated software components, media, printed materials,
and "online" and electronic documentation and all
updates and upgrades thereto) (the "Licensed Material").
You agree that the Licensed Material is the exclusive property
of Arrowbreeze and its licensors and is protected by copyright
laws and international copyright treaties, as well as other
intellectual property laws and treaties.
7.3 Arrowbreeze grants to
you the non-exclusive right to install the Licensed Material
on a single computer; or install and store the Licensed Material
on a single storage device, such as a network server, used
only to install the Licensed Material on your other computers
over an internal network, provided you have a license for
each separate computer on which the Licensed Material is installed
and run. The Licensed Material is licensed, not sold. The
license for the Licensed Material may not be shared, installed
or used concurrently on different computers. In the event
the Licensed Material is distributed along with other Arrowbreeze
Licensed Materials as part of a suite of products (collectively,
the "Suite"), the license of the Suite is licensed
as a single product and none of the products in the Suite,
including the Licensed Material, may be separated for installation
or use on more than one computer.
7.4 You may not remove or
alter any copyright notices on any copies of the Licensed
Material. You may not make or distribute copies of the Licensed
Material to third parties or electronically transfer the Licensed
Material from one computer to another or over a network. You
may not alter, merge, modify, adapt or translate the Licensed
Material, or reverse engineer, decompile, or disassemble the
Licensed Material, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding
this limitation. You may not modify the Licensed Material
or create derivative works based upon the Licensed Material.
You may not sell, rent, lease, lend, assign, transfer or sublicense
the Licensed Material. You must comply with all applicable
laws regarding use of the Licensed Material.
Arrowbreeze may provide
you with support services related to the Licensed Material
("Support Services"). Use of Support Services is
governed by the Terms of Service. Any supplemental software
code Arrowbreeze provides to you as part of the Support Services
will be considered part of the Licensed Material and subject
to the terms and conditions of this License. With respect
to technical information you provide to Arrowbreeze as part
of the Support Services, Arrowbreeze may use such information
in compliance with its Privacy Policy.
7.5 Without prejudice to
any other rights, Arrowbreeze may, in its sole and exclusive
discretion, terminate this License if you fail to comply with
the terms and conditions of this License. In such event, you
must destroy all copies of the Licensed Material. All other
rights of both parties and all other provisions of this License
will survive any termination.
7.6 The foregoing license
gives you limited license to use the Licensed Material. Arrowbreeze
and its licensors retain all right, title and interest, including,
but not limited to, copyright and intellectual property rights,
in and to the Licensed Material and any copies thereof. All
title and intellectual property rights in and to the content
that may be accessed through use of the Licensed Material
are the property of the respective content owner and may be
protected by applicable copyright or other intellectual property
laws and treaties. This License grants you no rights to use
such content. Arrowbreeze and its licensors reserve all rights
not expressly granted.
7.7 The Licensed Material
is provided with "RESTRICTED RIGHTS" applicable
to private and public licensees alike. Without limiting the
foregoing, use, duplication, or disclosure by the United States
Government is subject to restrictions as set forth in this
License and as provided in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software Restricted Rights at 48 CFR 52.227-19, as
applicable.
7.8 You agree that you will
not export or re-export the Licensed Material to any country,
person, entity or end user prohibited by the United States
Export Administration Act and the regulations promulgated
thereunder. Restricted countries currently include, but are
not necessarily limited to Afghanistan, Cuba, Iran, Iraq,
Libya, North Korea, Sudan, and Syria. You represent and warrant
that neither the United States Bureau of Export Administration
nor any other federal agency has suspended, revoked or denied
your export privileges.
7.9 The Licensed Material
may contain third party software that require notices and/or
additional terms and conditions. All required third party
software notices and/or terms and conditions are made a part
of and incorporated by reference into this License. By accepting
th therein.
8. Notices
It is your responsibility
to provide accurate and complete account and contact information,
including a valid e-mail address, to Arrowbreeze during the
Sign-up Process. It is also your responsibility to inform
Arrowbreeze promptly of any changes to your account or contact
information. Arrowbreeze has no responsibility for communications
that are misdirected as a result of your failure to provide
Arrowbreeze with updated contact information or as a result
of the suspension or termination of your Services.
Arrowbreeze may provide
notice to you required by this Agreement via e-mail at the
address provided by you. You agree that notice to you at this
address is deemed sufficient regardless of your receipt of
such email. You must provide all notices to Arrowbreeze required
in writing to Arrowbreeze, 3501 Hilltop Road, Soquel, CA 95073
or as changed by Arrowbreeze via its on-line amendment of
this Agreement.
9. General
9.1 Arrowbreeze will be
excused from any delay or failure in performance hereunder
caused by reason of any occurrence or contingency beyond its
reasonable control, including but not limited to, acts of
God, earthquakes, hurricanes, tropical storms and depressions,
inclement weather, labor disputes and strikes, riots, war
and governmental requirements.
9.2 If any provision(s)
of this Agreement is held to be contrary to law, then such
provision(s) shall be construed, as nearly as possible, to
reflect the intentions of the parties with all other provisions
of this Agreement remaining in full force and effect.
9.3 Arrowbreeze’s
failure to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by Arrowbreeze in writing.
9.4 This Agreement, together
with the order form, if any, you submitted on-line to order
your Services, the AUP, the Privacy Policy and all documents
referenced herein and therein, comprise the entire agreement
between you and Arrowbreeze and supersedes all prior agreements
between the parties regarding the subject matter contained
herein. This Agreement shall apply to all additional products
and services that you purchase from Arrowbreeze or its subsidiaries
and affiliates, whether or not you complete the acceptance
process with respect to additional products and services (all
such additional products or services purchased, also "Services"),
and this Agreement will govern your purchase and use of all
additional Services.
9.5 This Agreement and your
rights hereunder may not be assigned or transferred to any
third party. Arrowbreeze reserves the right to assign this
Agreement to any of its subsidiaries or affiliates or to any
third party that acquires all or substantially all of its
relevant business or assets.
9.6 You represent and warrant
that, if you are an individual, you are at least 18 years
of age, that you have read this Agreement, including Arrowbreeze’s
AUP, and that you agree to be bound by the terms and conditions
of the Agreement. You acknowledge and agree that Arrowbreeze
can and will rely on all representations, warranties, covenants
and agreements that you make herein.
9.7 Effective date:
this policy was last updated on June 1 , 2005.
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