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SPAMMING
IS NOT PERMITTED
Do not advertise or put our link on any site that is promoted
in any way related to unsolicited email, ICQ or IRC spams, or
newsgroup postings. Opt-in email newsletters require pre-approval.
If we receive spam complaints, your link will be disabled, your
account will be immediately terminated, and we will take LEGAL
ACTION against you.
ALLOWED SITES
Your site must be legal in representation and abide by all laws
within the United States of America.
Although we do not monitor the content of all sites all of the
time, we will not host websites that have pornographic, warez,
extremely offensive, or illegal content, or link to websites
that have illegal content.
The website cannot attempt to download any virus or malicious
or annoying files when opened.
THE PROGRAM'S RIGHTS
We reserve the right, at our request, to see all referring pages
and servers logs if neccessary. We reserve the right to terminate
webmasters without payment who make derogitory comments about
the program or employees of BedRock Hosting Inc.
NETWORK FAILURES AND ACTS OF GOD
The program shall not be responsible for any delay or failure
to perform due to internet and equipment failures and/or other
acts outside of our reasonable control.
TERMINATION
We take these terms very seriously. An account is found to be
violating one or more of the above terms will be terminated without
payment or notification.
INDEMNIFICATION:
You shall indemnify, defend and hold BedRock Hosting Inc. and
its affiliates harmless from and against any damage, loss, expense
(including reasonable attorney's fees and costs related to litigation)
or penalty or any claim or action therefore, by or on behalf
of any person, arising out of: (a) any material on the your Web
Site as linked through BedRock Hosting Inc., including without
limitation, those arising from claims or suits for defamation,
copyright or trademark infringement, misappropriation, violation
of the Lanham Act or rights of privacy or publicity or from any
and all similar claims now known or hereafter devised; (b) a
breach by you of a warranty under this Agreement; (c) any negligence
or willful misconduct by you.
NO WARRANTIES.
BedRock Hosting Inc. PROVIDES ALL MATERIALS AND THE SERVICES
TO YOU AND ITS SUBSCRIBERS "AS IS." BedRock Hosting
Inc. MAKES NO OTHER WARRANTIES AND BedRock Hosting Inc. DISCLAIMS
ALL WARRANTES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE. BedRock Hosting Inc. DOES NOT WARRANT THAT THE SERVICES
OR SIGN-UP PAGE WILL BE INTERRUPTED OR ERROR FREE, NOR DOES BedRock
Hosting Inc. MAKE ANY WARRANTY AS TO THE PERFORMANCE OR ANY RESULTS
THAT MAY BE OBTAINED BY USE OF THE SERVICES OR THE SIGN-UP PAGE.
LIMITATION OF LIABILITY.
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CONSTITUTE A
WARRANTY, EXCLUSIVE OF SUCH SPECIFICALLY DESCRIBED HEREIN. BedRock
Hosting Inc.'s MAXIMUM LIABILITY TO YOU UNDER THIS AGREEMENT,
AND YOUR EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING
NEGLIGENCE, WILL BE LIMITED TO THE RECOVERY OF ACTUAL DAMAGES
UP TO THE TOTAL AMOUNT OF $500. IN ADDITION, BedRock Hosting
Inc. SHALL NOT BE LIABLE TO YOU FOR LOST PROFITS OR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED IN CONTRACT
OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE),
AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BedRock Hosting Inc. MAY SEEK INJUNCTIVE RELIEF TO PREVENT YOU
FROM DISSEMINATING BedRock Hosting Inc.'s CONFIDENTIAL INFORMATION
OR FROM UNAUTHORIZED USE OF BedRock Hosting Inc.'s TRADE NAME
OR TRADEMARKS.
GENERAL TERMS AND CONDITIONS.
14.1. Notice, Governing Law, Force Majeure, Waiver, Entire Agreement.
Any notice which either Party may desire to give the other Party
must be in writing and delivered, by mail or facsimile to the
relevant Party at the address of such Party as set forth in this
Agreement or such other address as the Parties may hereinafter
designate. This Agreement shall be construed and enforced in
accordance with the laws of the State of Ohio, except that body
of law concerning conflicts of law. BedRock Hosting Inc. shall
not be liable to you for any delay or failure to perform which
results from causes outside its reasonable control. A judicial
determination that any provision of this Agreement is invalid
in whole or in part shall not affect the enforceability of those
provisions found to be valid. If BedRock Hosting Inc. fails to
require performance of any duty hereunder by you, such failure
shall not affect its right to require performance of that or
any other duty thereafter. The waiver by BedRock Hosting Inc.
of a breach of any provision of this Agreement shall not be a
waiver of the provision itself or a waiver of any breach thereafter,
or a waiver of any other provision herein. This Agreement, including
any supplements, modifications or amendments hereto, and the
E-Mail, including any supplements, modifications or amendments
thereto, shall constitute the entire agreement between the Parties
regarding its subject matter. This Agreement supersedes any and
all previous proposals, representations or statements, oral or
written. Except as otherwise stated in this Agreement, any modifications
to this Agreement must be in writing and signed by authorized
representatives of both Parties.
14.2. Assignment. This Agreement shall be binding upon and shall
inure to the benefit of the Parties hereto, and their respective
representatives, successors and permitted assigns. This Agreement
shall not be assignable by you, without the express written consent
of BedRock Hosting Inc., including to an entity in which it has
merged or which has otherwise succeeded to all or substantially
all of your business and assets to which this Agreement pertains
and which has assumed in writing or by operation of law its obligations
under this Agreement. Any attempted assignment in violation of
this provision will be void.
14.3. Attorneys Fees. In the event there is any dispute concerning
the terms of this Agreement or the performance of any Party hereto
pursuant to the terms of this Agreement, and any Party hereto
retains counsel for the purpose of enforcing any of the provisions
of this Agreement or asserting the terms of this Agreement in
defense of any suit filed against said Party, the successful
or prevailing Party or parties shall be entitled to recover reasonable
attorneys' fees and other costs incurred in that action or proceeding
from the other parties, in addition to any other relief to which
it may be entitled.
14.4. Counterparts. This Agreement may be sent via facsimile
and executed in one or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute
one and the same instrument.
Termination
BedRock Hosting Inc. may terminate the Program at any time with
notice sent to the email address designated in your account information.
You will have thirty (30) days from the date this notice is sent
to redeem the commissions in your account. BedRock Hosting Inc.
will not be responsible for notice failures caused by an error
in your email program, an inaccurate email address provided by
you, your failure to check your email, or your failure to inform
BedRock Hosting Inc. of a change in your email address.
BedRock Hosting Inc. may modify this Agreement from time to time,
with or without notice, and your continued participation in the
Program after such modification shall be deemed to be your acceptance
of any such modification. It is your responsibility to check
this Terms and Conditions page regularly to determine whether
this Agreement has been modified. If you do not agree to any
modification of this Agreement, you must immediately cease participation
in the Program.
You understand and agree that BedRock Hosting Inc. shall be the
sole determiner in cases of suspected abuse, fraud, or violation
of its rules and any decision it makes relating to termination
of membership (including cancellation of commissions) shall be
final and binding. |
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