Appropriate Usage Policy
1. Internet Wizards reserves the right to refuse service or cancel existing
accounts for any reason at any time. In the event of an account cancellation by
Internet Wizards or the customer, Internet Wizards will not issue a refund
unless otherwise agreed to by Internet Wizards prior to cancellation.
2. Internet Wizards reserves the right to change fees at any time.
3. Internet Wizards is not responsible for lost revenue, traffic, or data
caused by server down-time or failure, domain name transfers, or any other error
- mechanical or human.
4. Customers of Internet Wizards are forbidden from partaking in any "abusive
practice." The following is a list of current abusive practices. Internet
Wizards reserves the right to add to or modify this list at any time.
Sending unsolicited commercial e-mail with your account is a violation and is
incurred if any unsolicited email is reported relating to your domain with us in
anyway, regardless of what SMTP (outgoing mail server) was used to transmit the
message.
Upload, posting or reproducing in any way materials protected by copyright
without the permission of the copyright holder is a violation.
Participating in an abusive practice will lead to an immediate account
termination without prior notice or refund of any pre-payment.
5. Customers of Internet Wizards are bound to all system policies listed
within this agreement. Violation of any of these system policies will result in
an immediate account cancellation without refund or access to hosted files.
6. Internet Wizards hosting services may only be used for lawful purposes.
Transmission of any material in violation of any U.S. or any state regulation is
prohibited. This includes but is not limited to: copyrighted material, material
legally judged to be threatening or obscene, or material protected by trade
secret.
The client specifically agrees to indemnify and hold harmless Internet
Wizards from any claim resulting from a breach of these terms, and/or the use of
the service which damages another.
7. This agreement shall be governed by the Laws of the State of New York. Any
action in regard to this agreement or arising out of its terms and conditions
shall be instituted and litigated in the State of New York Supreme Court for
Albany County. Each of the parties consents to jurisdiction in such Court and
agrees that service of process as provided by the statutes and rules of civil
procedures of New York shall be sufficient.
8. This agreement constitutes the entire agreement between the parties
hereto. Internet Wizards reserves the right to make changes to these policies at
any time without notification to customers.
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Spam / UCE Policy
As the Internet grows, so do the possibilities for abuse. Internet Wizards
has implemented the following policies regarding abuse of Internet services.
These policies are intended to control costs and protect you, our customer, from
Internet harassment and intrusions of privacy.
"Netiquette" is generally defined as the standards or practices an individual
or organization engages in to insure responsible Internet citizenship on their
behalf, as well as refraining from standards or practices which would impose
undue financial, time, or social constraints on other users of the Internet.
Every facet of the Internet is overseen by individual organizations (such as
Internet Wizards) whose networks are interconnected to form the Internet. Every
user of the Internet is responsible for their behavior on-line as they are
off-line.
Each entity using the Internet contributes to, and thus assumes some
liability for, the cost associated with traffic and storage. Figuring the cost
of storage space and transmission together, a single posting can cost the
collective Internet thousands of dollars! Similarly, transmitting e-mail costs
money and bandwidth. A customer abusing e-mail or news postings can create a
large financial impact on the individual networks involved.
Individuals that have fell victim to Internet abuse have other costs,
including decreased effectiveness of the Internet. A user besieged by SPAM
e-mail (a massive bulk e-mail message to subscribers who did not indicate any
desire to receive such e-mail) spends additional time downloading and responding
to e-mail which was not requested.
When an Internet Wizards customer engages in one of these abusive activities,
it costs time and resources to respond to complaints. This "opportunity cost"
can adversely effect Internet Wizards’ ability to provide other services. In
some instances, angry Internet users have been known to "mail bomb" an ISP by
creating programs to send bulk e-mail until the ISP’s mail server crashes,
thereby denying e-mail access to every customer of the ISP. While our system is
robust enough to rebuff or eliminate most of these abuses, Internet Wizards
cannot prevent every undesirable activity.
To reach its goal of providing the best business class web hosting services
to our users, Internet Wizards offers users a full range of commercial hosting
services. Abuse of these services is considered a violation of our Terms of
Service/AUP ("Contract Agreement"). You executed this Contract Agreement before
the commencement of your service. One of the most serious abuses is using your
account to send unsolicited commercial e-mail, otherwise known as "spam."
Spamming, or the sending of unsolicited email, from an Internet Wizards
Technology, Inc. server, or using an email address that is maintained on an
Internet Wizards Technology, Inc. machine is STRICTLY prohibited and will result
in a minimum fee of $500.00. The following are examples of spam and are
blatantly in violation of your Contract Agreement.
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Inappropriate E-Mail Activities:
Commercial e-mail: Defined as sending unsolicited commercial e-mails. You are
not permitted to use your Internet Wizards account or e-mail alias/account of
your Virtual Server to send unsolicited commercial e-mail.
Using an e-mail address hosted anywhere on Internet Wizards servers to
collect responses from unsolicited commercial e-mail is also prohibited. This
includes using a throw-away, free e-mail account and redirectors for the same
account.
Mail Bombing: Defined as sending large volumes of unsolicited e-mail to
individuals from your Internet Wizards account is strictly prohibited.
Harassment: Defined as sending threatening or harassing e-mail after being
requested to stop, is prohibited. Extremely threatening or harassing e-mail
never is allowed.
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Inappropriate Newsgroup
Activities:
Newsgroup Spamming: Defined as excessive cross-posting, or posting the same
article to several newsgroups is prohibited. Generally accepted standards allow
no more than 15 newsgroups, or cross-postings, for a single article or
substantially similar articles. Such articles may be canceled. You are not
allowed to use your Internet Wizards based mail facilities to SPAM the
newsgroups
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Fine/Penalties
Should you violate Internet Wizards' SPAM Policies, you WILL be charged
a minimum $500.00 administrative fee and $125.00 per hour technical support for
the time it takes us to "clean-up" your SPAM. This shall include but not be
limited to the time required to answer e-mail from angry recipients of your SPAM
and/or other actions of the angry recipients in retaliation of your SPAM and/or
repair of a damaged server due to "Mail Bombing". Other fees may range from
$1.00 to $10.00 per email as defined by State law. You will also be charged $50
per gigabyte of data transfer that your SPAM incurred, including bandwidth used
by answers to or complaints about your SPAM. We will invoice this amount and
should it not be paid, we will take necessary steps to recover these costs and
fees. Necessary steps include legal action in a court of law, and/or recovery
through a collection agency. Please note also that it is now considered a crime
to send UCE (unsolicited commercial e-mail) as it falls into the category of
"junk faxes." Internet Wizards will turn over all names and personal information
to the proper local, state, federal, and international officials of any person
who violates this policy.
Internet Wizards may also pursue legal remedies for our or our customers’
lost revenue resulting from blacklisting.
Any Internet Wizards client found to be spamming will have his/her account
terminated immediately without recourse. We will investigate the report
thoroughly before terminating any account which is part of the administrative
fee. Internet Wizards reserves the right to act without warning or second
chance. If we conclude that you have violated our Acceptable Usage Policy, we
will report you and the incident to the proper local, state and federal
authorities and will prosecute you to the full extent of the law.
If you know of any Internet Wizards client that is or might be violating this
policy, please send a message or, if possible, forward the SPAM or UCE in full
(including headers) Internet Wizards
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Resellers:
This policy must be incorporated into your contract with your customers,
otherwise Internet Wizards will bill you for violations as described, unless you
cooperate by providing us with information necessary to identify your customer
so we may bill, or otherwise seek recovery from, them directly. Collection of
un-paid fees will be pursued, so it is important for you to include our fees in
your contract in order for us to work together. For example, if your abusive
customer is aware of our fees, and you provide us with sufficient contact
information, we will release you from the above fee obligations. Only with your
cooperation can we reduce abuse!
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CGI Scripts Policy
Our servers are not to be used as your testing platforms. Customer
accounts are on high end, live server responsible for maintaining many accounts.
Your server space is being provided to display your finished product to the web
- NOT for application or script testing. If you are uploading a script to our
server, you acknowledge that you have already tested your script elsewhere and
that you know how to install the script. Any script that the server
administrator deems to be potentially threatening to the overall performance of
our web server will be terminated immediately and your account access could be
subject to suspension or terminated without refund of any pre-paid fees.
Termination includes the purging of all customer files.
Any time spent by Internet Wizards to kill a script and/or to lock an account
will be billed to the account at a rate of $65.00 per hour (one hour minimum
charge). Malicious scripts are subject to immediate Account cancellation.
Please note the following cgi script usage policies:
The script must use low system resources. Scripts that consume a large amount
of server memory or CPU power will be subject to account review, possible
mandatory upgrade to dedicated server and/or additional fee.
Each user account may not use more than 1% of system resources at any given
time. Scripts may not interact with any server configuration or hardware. Users
running scripts that interact with any server configuration or any hardware will
be subject to account review, possible mandatory upgrade to dedicated server,
and/or additional fee.
The script can be used and referenced from any site on the Net (i.e. free
counters, etc.); however, scripts must stay within the allowable usage of our
system resources. Users using more resources than a single user account is
entitled to use will be subject to account review, possible mandatory upgrade to
dedicated server, and/or additional fee.
The script must be executed in a timely fashion. Any script that uses the
processor for more than a few milliseconds is subject to removal by system
administrator.
Scripts must be secure. Unnecessarily setting permissions (chmod) of scripts
to 777 is a policy violation. Placing scripts in a publicly viewable directory
(one without an index.html files) is a policy violation and is subject to
removal by system administrator.
Any accounts with scripts found in violation of any Internet Wizards, policy
are subject to future scrutiny of all cgi by our system administrator. If a
script is found to be harmful to the system, it will be killed immediately and
the account locked until the account owners have been contacted. Any time spent
by Internet Wizards to kill a script and/or to lock an account will be billed to
the account at a rate of $65.00 per hour (one hour minimum).
Malicious scripts are subject to immediate account cancellation.
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Bandwidth Usage Policy
The official Internet Wizards policy is to provide enough monthly bandwidth
so that any site using normal resources will be able to perform without a
problem. If a site uses over it's allotment of bandwidth for its type of
account, the customer’s type of account will automatically be upgraded and the
customer charged the upgraded account type charges.
The customer will be e-mailed a notice once an upgraded account type is
assessed to the customer. Warnings will not be sent to notify customer that the
limit has been reached or exceeded. This term and condition is non-negotiable.
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Billing Policy
All customers of Internet Wizards must abide by all the terms set forth in
this and all other policies. Violation of any of these terms can and will result
in the immediate termination of an account with no refund including any
pre-payment. Billing payment is due the first of the month. Product Prices are
subject to change in the future, but are guaranteed through customers pre-paid
billing period.
1. Payments via Credit Card:
Internet Wizards accepts payment via Master Card, AMEX, Visa and Discover card.
Usage of a credit card indicates an authorization to cover all future monthly or
pre-arranged payments fees. Credit cards will be charged within the first week
of the new calendar month. If a Credit Card error, delinquency, or expiration is
not corrected by the 10th of the month the customer will incur a $10 late fee
2. Payments via Check:
In special situations, Internet Wizards accepts payments via check. For accounts
paying by check, payment equivalent to the monthly or pre-arranged account fees
must be received at our office before the order will be processed. All invoices
are sent via email, unless specifically requested to send via US Postal Service
by customer, on approximately the fifteenth of each month. Payments are due no
later that the 10th of the each month. Customers are responsible for paying
their account even if they do not receive their invoice via email or in the U.S.
Postal Mail. If payments are made later than the 10th of each month, there will
be an additional $10.00 late fee added to the next billing cycle.
3. Payments via International Checks:
Internet Wizards accepts payments via International checks paid in U.S. funds –
check must note payment in U.S. funds on check. Checks that are written that do
not draw from a U.S. bank will have processing fees imposed by the banks.
Processing fees imposed by the bank will be billed to the customer.
4. Late Payments:
When customer payments are late, the account(s) will be suspended on the 15th of
the month and cancelled at the end of the month if there is no payment made. The
customer will have the option of reactivating the account after paying the full
amount of the invoice due and an additional fee of $15.00 will be assessed for
reactivation. The reactivation fee is non-negotiable.
5. Accounts with Non-Usable credit cards:
Credit cards on file are non-usable when any of the following occur:
a. The card has expired;
b. The card declines our charges for any reason;
c. The card is reported lost or stolen;
d. The card is declared invalid by our processing system.
If a credit card payment fails, the customer will be sent an e-mail and postal
notice with 15 days to rectify the situation either with a new payment method or
by updating the credit card information. The customer’s account(s) will be
suspended on the 15th of the month and cancelled at the end of the month if
there is no payment made. The customer will have the option of reactivating the
account after paying the full amount of the invoice due. An additional fee of
$15.00 will be assessed for reactivation. The reactivation fee is
non-negotiable.
6.Frequently Delinquent Policy:
Internet Wizards considers a customer to be "frequently delinquent" after the
third past due or credit card problem notice within any one year period.
Customers who become "frequently delinquent" are required to have a positive
account balance at all times to receive continued service. On the 30th day of
any month, a "frequently delinquent" customer must have enough money in his/her
account to cover the next month’s hosting fee. When a "frequently delinquent"
customer fails to have sufficient funds to pay for the next month of service,
the account will be suspended immediately and the account will remain suspended
until the end of the month and cancelled if there is no payment made. This
policy applies to all payment methods. This policy is non-negotiable.
7.Cancellation Policy:
A cancellation will only be accepted if it is done by one of the following
methods:
a. When customer payments are late, the account(s) will be suspended on the
15th of the month and cancelled at the end of the month if there is no payment
made.
b. The customer must submit his/her virtual authorization by requesting
cancellation via email to: cancellation@Internet Wizards.com
The request must include the following information:
Account name and password
Cancellation request
c. The customer must fax a cancellation request to 412-291-1789.
The request must include the following information:
Account name and password
Cancellation request
Signature of account owner
When a cancellation request is made, the technical department will
immediately remove all configuration information as well as all contents of the
account. Internet Wizards will remove all files. This will include unread e-mail
left on Internet Wizards servers.
8. Refund Policy:
If an account is canceled within the first 30 days of service, the customer will
receive a full refund of all account fees except overages. This 30 day policy
shall include the 30th day. Any over usage fees including but not limited to
additional bandwidth will not be refunded.
9. Refunds after the first 30 days:
All service rendered to date will be billed and must be paid in full.
10. Billing Records:
The customer is responsible for keeping records current at all times. Internet
Wizards is not responsible for actions that are taken as a result of customer’s
failure to respond to Internet Wizards notifications.
11. Uptime Guarantee
We Provide 99.9% Uptime Guarantee
*As an example, in a 30 day month there are 43200 minutes. If your site is
down for more than 172.8 minutes in any month you don't pay the entire month of
service fees for the sites affected by the outage. This only applies to the
billing for the sites that are down. This policy does not apply if an outage of
a web site occurs due to customer induced problems or negligence.
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Web Hosting Support
For Support please use a contact below:
e-mail: support@InternetWizards.com
Fax: 518-731-2091
Phone: 800-716-6389
You can submit billing information changes to Internet Wizards via email to:
sales@InternetWizards.com or fax to 518-731-2091 . Any fax must include the main
account user name / password as well as. You may also fax an update signature of
the account owner.
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Affiliate Use and Policies
This Agreement contains the complete terms and conditions that apply to your
participation in the Internet Wizards Affiliate Program, and the establishment
of links from your Web site to the Internet Wizards Web site. As used in this
Agreement, "Internet Wizards.COM", "Internet Wizards", or "we" means Internet
Wizards Technology Inc.., and "you" or "affiliate" means the applicant seeking
to participate hereunder in the Affiliate Program. Also as referred to in this
Agreement, "Site" refers to a World Wide Web site and "Internet Wizards.com
Site" refers to the Site located at the URL http://www.Internet Wizards.com , or
any other successor Sites owned or maintained by Internet Wizards.COM and
"product" means any and all items or services offered for sale by us on the
Internet Wizards site. You also certify that you are at least 18 years of age
and you acknowledge that you have read the Agreement, and you agree to its terms
and conditions and all policies posted on Internet Wizards.com Site.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND INTERNETWIZARDS.COM. BY CHECKING
THE "ACCEPT" BOX ON THE APPLICATION, YOU AGREE THAT (a) YOU HAVE READ THIS
AGREEMENT AND UNDERSTAND ALL OF ITS CONTENTS AND (b) YOU WILL BE BOUND BY ALL OF
THE TERMS AND CONDITIONS IN THIS AGREEMENT.
1. Enrollment in the Program
To begin the enrollment process, you will submit a complete Program application
via the shareasale.com site.. You will then be given further instructions,
including your "affiliate id" and linking information. We will evaluate your
website in good faith and will notify you if there any exceptions to your
participation in the program. We may reject your application if we determine (in
our sole discretion) that your site is unsuitable for the Program. Unsuitable
sites include those that: incorporates images or content that is in any way
unlawful, harmful, threatening, defamatory, obscene, harassing or racially,
ethically or otherwise objectionable such as sites that: depict sexually
explicit images; promote violence; promote discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age; promote illegal
activities or incorporates any materials which infringe or assist others to
infringe on any copyright, trademark or other intellectual property rights
(collectively "Content Restrictions").
If your application has been rejected, you are welcome to reapply to the
Program at any time when your site is suitable to participate in the Program.
2. Promotion of our Affiliate Relationship.
As an Affiliate Site, we will make available to you banner advertisements,
button links to our site and/or text links to our site, containing, the Internet
Wizards.COM logo and words identifying the products or promotions on our site
(each of these links sometimes being referred to herein as "Links" or,
individually, as a "Link"), which, subject to the terms and conditions hereof,
you may display as often and in as many areas on your site as you desire. The
Links will serve to identify your site as a member of our Affiliate Program and
will establish a link from your site to ours.
3. Utilizing our Links on Your Site
In utilizing the Links, you agree that you will cooperate fully with us in order
to establish and maintain such Links. All Affiliate Sites shall display such
graphic images prominently throughout your site as you see fit and with our
consent. You shall not alter, modify or expand the Links in any way; however, a
Link may be modified and/or expanded with our written consent. Each Link
connecting users of your site to our site will in no way alter the look, feel,
or functionality of our site. We have the right, in our sole discretion, to
monitor your site at any time and from time to time to determine if you are in
compliance with the terms of this Agreement.
3.Order Processing
We will process web hosting orders placed by customers who follow special links
from your site to the Internet Wizards.com Site. We reserve the right to reject
orders that do not comply with any requirements that we periodically may
establish. We will be responsible for all aspects of order processing and
fulfillment. Among other things, we will prepare order forms; process payments,
and cancellations; and handle customer service. We will track sales made to
customers who purchase our hosting packages using special links from your site
to our site and it will be available for your viewing online. To permit accurate
tracking, reporting, and fee accrual, you must ensure that the special links
between your site and our site are properly formatted.
4. Commission Determination
Subject to the terms and conditions of this Agreement, we will pay you referral
fees on all product sales to third parties. For a product sale to generate a
commission, the customer must follow a link from your Web site to the Internet
Wizards.com Site, purchase a product using our automated ordering system, accept
delivery of the product at the shipping destination, and remit full payment to
us. Commission on returned products and refunds will be deducted from your next
quarterly payment.
6. Commission Rates
Commission of ten US dollars (200.00%) on purchases, excluding amounts collected
by us for sales taxes shipping, handling and similar charges, amounts due to
credit card fraud and bad debt, and credits for returned goods ("Net Sales").
The Commission Rates is subject to change at anytime or from time to time, in
our sole and absolute discretion. You will be notified of any change in the
Commission Rate.
7. Commission Payment
We will pay your commissions on a calendar quarter basis. Approximately 30 days
following the end of each calendar quarter, we will send you a check for the
commissions earned on Net Sales of Product that we shipped during that quarter,
less any taxes that we are required by law to withhold.
8.Policies and Pricing
Customers who buy services through this Program will be deemed to be customers
of Internet Wizards.COM. Accordingly, all Internet Wizards.COM rules, policies,
and operating procedures concerning customer orders, customer service, and web
hosting sales will apply to those customers. We may change our policies and
operating procedures at any time. For example, we will determine the prices to
be charged for services sold under this Program in accordance with our own
pricing policies. Because price changes may affect services that you already
have listed on your site, you may not include price information in your service
descriptions. We will use commercially reasonable efforts to present accurate
information, but we cannot guarantee the availability or price of any particular
service.
9. Non-exclusive Limited License and Use of Internet Wizards.COM Logos and
Trademarks.
We grant you a non-exclusive, nontransferable, revocable right to access our
site through links solely in accordance with the terms of this Agreement, and
solely in connection with such links, to use our logos, trade names, trademarks
and similar identifying material (collectively "Licensed Material") solely for
the purpose of selling Products on your site for Internet Wizards.COM. You may
not alter, modify or change the Licensed Material in any way. You are only
entitled to use the Licensed Material to the extent you are a member, in good
standing, of the Affiliate Program.
You shall not make any specific use of any Licensed Material for purposes
other than selling Products for Internet Wizards.COM, without first submitting a
sample of such use to us and obtaining our prior written consent. You agree not
to use the Licensed Material in any manner that is disparaging or that otherwise
portrays Internet Wizards in a negative light. We reserve all of our rights in
the Licensed Material, and all other intellectual property rights. We may revoke
the rights granted to you pursuant to this section at any time by giving you
written notice. You shall obtain no rights in and to the Licensed Material. The
rights granted to you pursuant to this section shall terminate upon the
effective date of the expiration or termination of this Agreement.
10. Non-exclusive Limited License and Use of Affiliates Logos and Trademarks.
You grant to us a non-exclusive license to utilize your names, titles, logos,
and trademarks (collectively the "Affiliate Marks"), and to advertise, market,
promote, and publicize in any manner our rights hereunder; provided, that we
shall not be required to so advertise, market, promote, or publicize. You hereby
represent and warrant that you are the sole and exclusive owner of the Affiliate
Marks and have the right and power to grant to us the license to use same in the
manner contemplated herein, and such grant does not or will not breach, conflict
with, or constitute a default under any agreement or other instrument applicable
to you or binding upon you; or infringe upon any trademark, trade name, service
mark, copyright, or other proprietary right of any other person or entity. This
license shall terminate upon the effective date of the expiration or termination
of this Agreement.
11. Obligations Regarding Your Site.
You will be solely responsible for the development, operation, and maintenance
of your site and for all materials that appear on your site. You hereby
represent and warrant to us that materials posted on your site do not violate or
infringe upon the rights of any third party, and that materials posted on your
site are not libelous or otherwise illegal. We disclaim all liability for all
such matters. Further, you will indemnify and hold us harmless from all claims,
damages, and expenses relating to the development, operation, maintenance, and
contents of your site.
11.Terms of the Agreements
The terms of this Agreement will begin upon our acceptance of your Program
application and will end when terminated by either party. Either you or we may
terminate this Agreement at any time, with or without cause, by giving the other
party written notice of termination. You are only eligible to earn referral fees
on sales of Qualifying Services occurring during the term, and fees earned
through the date of termination will remain payable only if the related orders
are not cancelled. We may withhold your final payment for a reasonable time to
ensure that the correct amount is paid.
12.Modification
We may modify any of the terms and conditions contained in this Agreement, at
any time and in our sole discretion, by posting a change notice or a new
agreement on our site. Modifications may include, for example, changes in the
scope of available referral fees, fee schedules, payment procedures, and Program
rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO
TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING
OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE
BINDING ACCEPTANCE OF THE CHANGE.
13.Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will
create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship between the parties. You will have no authority to
make or accept any offers or representations on our behalf. You will not make
any statement, whether on your site or otherwise, that reasonably would
contradict anything in this Section.
14.Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any
loss of revenue, profits, or data) arising in connection with this Agreement or
the Program, even if we have been advised of the possibility of such damages.
Further, our aggregate liability arising with respect to this Agreement and the
Program will not exceed the total referral fees paid or payable to you under
this Agreement.
15.Disclaimers
We make no express or implied warranties or representations with respect to the
services sold through the Program (including, without limitation, warranties of
fitness, merchantability, no infringement, or any implied warranties arising out
of a course of performance, dealing, or trade usage). In addition, we make no
representation that the operation of our site will be uninterrupted or
error-free, and we will not be liable for the consequences of any interruptions
or errors.
16.Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY)
SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS
AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB
SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE
PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER
THAN AS SET FORTH IN THIS AGREEMENT.
17. Miscellaneous
This Agreement will be governed by the laws of the United States and the state
of New York, without reference to rules governing choice of laws. Any action
relating to this Agreement must be brought in the federal or state courts
located in New York, and you irrevocably consent to the jurisdiction of such
courts. You may not assign this Agreement, by operation of law or otherwise,
without our prior written consent. Subject to that restriction, this Agreement
will be binding on, inure to the benefit of, and enforceable against the parties
and their respective successors and assigns. Our failure to enforce your strict
performance of any provision of this Agreement will not constitute a waiver of
our right to subsequently enforce such provision or any other provision of this
Agreement
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