Microtronix Web Hosting Services Agreement:
The Terms and Conditions set forth herein constitute the full and complete agreement between you and Microtronix. Your agreement to be bound by these terms is acknowledged by your use of the Microtronix Web Site, Hosting Services, Support Services and any Microtronix software made available to you. The terms contained herein supersede and replace any other agreement or negotiation between you and Microtronix whether oral, written or otherwise including any statements made by any representative of Microtronix at any time.
1 FEES; PAYMENT OF FEES
1.1 Fees - Microtronix charges the following fees where applicable. All such fees are subject to change at any time without notice. Not all fees are applicable to all accounts.
1.1.1 Set-Up Fee – This is a one-time fee that may be charged in connection with the establishment of a new account or service.
1.1.2 Service Fee – This is the fee for your monthly, annual, bi-annual, or greater web hosting services.
1.1.3 Domain Registration Fee – This is the fee for the registration of a domain name and is non-refundable.
1.1.4 Other Service Related Fees – These are fees for additional services that you may choose to add to your account.
1.1.5 Personal Hosting Fees – These fees are changed only on our personal hosting plan. We reserve the right to charge overage fees for this plan. If you pass the personal plan disk limit we have the right to invoice you the following month after this usage at the cost of $0.25 per MB used during that previous month. We will also charge bandwidth overage with personal accounts, if you go over the alloted bandwidth usage we have the right to invoice you for $0.10 per MB over the limit for that plan. These fees only apply to our personal hosting plans. If you are invoiced for overage you have 10 days to pay, at which time we have the right to suspend your account if the invoice is not paid. After suspension of your account you have 3 days to pay the due invoice, at which time if unpaid we reserver the right to terminate all services held by the account owner and apply all recent payments towards due invoice of overages charges.
1.2 Microtronix also reserves the right to alter, change, amend or delete fees at its sole discretion. Microtronix further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
1.3 Microtronix reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not affect the then existing rights and responsibilities of each party. Microtronix also reserves the right to change the rate charged for any such fee under this agreement without notice.
1.4 Payment of Fees - Microtronix accepts payment by Credit Card (Visa, MasterCard, Discover, American Express, and by personal check, cashier's check, electronic check, or money order. In addition, Microtronix may from time to time allow additional forms of payment; however, the offering of a particular form of payment does not obligate Microtronix to continue to offer that form of payment in the future. The current list of payment options will be displayed during the order process. If you have any questions concerning the current available payment options contact us.
1.5 Payment by Credit Card and Electronic Check
1.5.1 Prior to activation of your user account and at any applicable time thereafter you agree to allow Microtronix to charge your provided credit card or bank account. You also agree at stated regular intervals the agreed service fee amount for the stated period (together with any Microtronix set-up charges, registration fees, or any other charges outlined herein) may be applicable. You further authorize Microtronix to charge your credit card or bank account for all subsequent period fees at (or a reasonable period in advance of) the commencement of any such subsequent period. You agree to maintain current valid existing credit card or bank account information with Microtronix for the purpose of satisfying the Microtronix charges as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and termination at the sole option of Microtronix under Paragraph 8 herein. An administrative fee of $25.00 may be charged for the refusal, rejection or return of any such charge for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such charge for any reason whatsoever or any portion thereof is grounds for account suspension and termination at the sole option of Microtronix under Paragraph 8 herein.
1.6 Payment by Check, Money Order
1.6.1 Prior to activation of your user account you agree to submit a check payable in U.S. dollars against a bank located within the United States. Microtronix is under no obligation to initiate service until the proceeds of such check have been cleared by such financial institution and have been received by Microtronix. Invoices will be submitted to the email address on file for you as a courtesy only and you agree to receive such invoices via email. Payments for subsequent fees are due and payable immediately upon invoice and in no instance later than the expiration of the last day of the previous period without regard to any invoice. It is your responsibility when paying by check to make sure that your payment is received by Microtronix. An administrative fee of $25.00 may be charged for the refusal, rejection or return of any such check for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such check for any reason whatsoever or any portion thereof is grounds for account suspension and termination at the sole option of Microtronix under Paragraph 8 herein.
1.6.2 It is recommended that in order to avoid any service interruption that you submit your payment to Microtronix a sufficient time before the expiration of the current service period so that it reaches Microtronix in advance of the renewal date.
1.7 Payment by BitCoin
1.7.1 Prior to activation of any service or product you are required to send the total invoice amount to our pre-determined BitCoin address that you will be given upon purchasing a product or service. Microtronix is under no obligation to initiate service until the proceeds of the transfer have cleared a minimum of 30 confirmations or more but not limited to 30. Payments for subsequent fees are due and payable immediately upon invoice and in no instance later than the expiration of the last day of the previous period without regard to any invoice. It is your responsibility when paying by BitCoin to initiate transfer to the address given and Microtronix is in no way liable for any lost coins from your account during, after or before transfer of said coins. Once you have initiated transfer it is your responsability to open a new support ticket on our client site and paste your sending address there so we know who each payment comes from. Microtronix is not liable for lost time or lost coins if you do not give us the transfer from address immediately after initiating transfer. Payment with BitCoins is a special service Microtronix is offering and we are under no obligation to keep this service, Microtronix is allowed to at anytime and under their discretion for any reason remove BitCoin payment options from the site. If Microtronix does remove the BitCoin Payment options your are required to pay with whatever currency we offer at the time to keep your services upon next renewal date of said services. If you fail to pay with our currently available currencies we have the right to cancel your service for lack of payment in our base currencies by said expiration date of your service or product.
1.7.2 Microtronix reserves the right to alter it's price in BTC at any time for any reason. You as the client are required to check the prices regularly if you use BitCoin as your choice of currency to see our current prices. This includes but is not limited to all our hosting and product packages, new or old and your current services. We reserve the right to alter our new product prices and your renewal prices on any current service in BTC currency at anytime. If the price of BTC to Dolar drops too low we will update our new purchase prices and your renewal prices on products you already have with us to reflect this drop in value of BTC. Since our base currency is USD we must change our BTC rate to reflect fluctuations in the BTC market exchange since we pay our fees in USD. You as a client are required to check your current products before renewal date to keep track of current BTC rate on our site. We cannot guarantee prices in BTC, BTC value might fluctuate though our base price might stay the same in USD.
1.7.3 Microtronix does not offer refunds of any kind for any payments made using bitcoins, you accept this upon paying in bitcoins for any service or invoice. Once an invoice has been paid in bitcoins or money sent to a previously used bitcoin address we cannot nor will we offer any refunds of any kind in bitcoins. Once money is sent it is in the system and not refunded if payment type is bitcoins. If you require a refund of money paid in bitcoins we offer a credit application to your account, this credit will be in the full amount of US Dollars paid into the system at the current systems exchange in bitcoins, this exchange will be decided by the payment processor at the time of payment. This credit can be applied to your account, once credit is applied you may use this credit to purchase items in our WHMCS billing system. Microtronix will use any credit in your account to pay for any overdue invoices first or invoices in collections. Once all invoices that are overdue or marked collections are fully paid the remainder of the credit will be applied to your account. The application of credit from payments in bitcoins will be at the sole discretion of the support/sales operator at the time of contact from the customer as each case may be different. At no point will refunds be offered/available from Microtronix for payments made in bitcoins.
1.8 Microtronix 30 Day Limited Money-Back Guarantee
1.8.1 Microtronix is proud to offer a 30 day money-back guarantee period. Upon receipt by Microtronix of proper notice from you of the termination of your account within thirty (30) days of the creation of a new account or within thirty (30) days of the renewal of an existing account, Microtronix will refund all service fees for the new term. Terminations after this period are not eligible for refund. There are no refunds of account Set-Up Fees or Domain Name Registration Fees. If you were provided a Free Domain Registration, the current cost of the domain registration will be deducted from your refund. Microtronix may grant refunds under any other circumstance it deems appropriate without waiving any other rights hereunder. Refunds for hosting services are only available for regular hosting packages Tiny and Unlimited, no other hosting package offers refunds of any kind. There will be absolutely no refunds of any kind for VPS hosting packages, Dedicated servers or any other service not stated here as acceptable. Refunds are available for customers who purchased hosting of Tiny or Unlimited for terms of 6 months or more only. Customers who purchased hosting for less than 6 months time periods are not allowed to claim refunds nor will we offer refunds for these term contracts.
1.8.2 Waiver. Certain promotional services are offered to existing Microtronix customers from time to time for free or at a reduced cost. Where such services are made available to new customers still within the 30 day guarantee period such services may be offered subject to a waiver of the remainder of the 30 day guarantee period. Such waiver will be identified together with the offer where it applies. Presently this includes but is not limited to: Microtronix Hosting Services.
1.9 Credit/Funds in WHMCS accounts
1.9.1 Microtronix does not have the ability to Add Funds to your WHMCS billing account in the system. However if you overpay an invoice then the extra funds are added to your account in the form of Credits. These credits can be used by the WHMCS and yourself to pay for pending invoices. If there is any credit in your account at the time of invoice generation the invoice is paid automatically up to the amount of the invoice total if it exceeds the credit total or the amount of credit available to the client. If the invoice is more than the credit available the invoice remains unpaid and the amount remaining after credit application must still be paid outright.
1.9.2 Microtronix offers zero refunds of credit in a WHMCS account. All credit applied to your account has to remain within the billing system at all times for payment of services within Microtronix. This is a zero Credit refund policy and applies to all credit within an account.
2 WEB HOSTING SERVICES
For the term of the agreement as set forth herein Microtronix agrees to provide Web Hosting Services according the plan selected by you upon activation of your account. Microtronix reserves the right to change, amend and otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Microtronix website at the time you create your account and remain in effect throughout the term of your agreement. The specifics of all current offers are located within the Microtronix Website located at www.microtronix-tech.com. Web Hosting Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.
3 DOMAIN REGISTRATION AND OTHER SERVICES
3.1 Domain Registration. At Customer's request, Microtronix may also acquire a Second-Level Domain Name ("Domain Name") on behalf of any Customer. Microtronix is an authorized domain name reseller of and utilizes GoDaddy for all domain registration services. Your purchase of domain name registration services is specifically subject to your agreement to the terms of this agreement and also the GoDaddy DOMAIN REGISTRATION AGREEMENT which is incorporated fully into this agreement and made available to you at http://www.godaddy.com/gdshop/agreements.asp?ci=8924.
3.2 Microtronix will not own or otherwise control any domain name registered on your behalf under this paragraph. Microtronix provides the Domain Registration Service only as a convenience to you and you hereby waive any and all claims which you may have, or which may later arise, against Microtronix for any and all damages, losses, claims or expenses arising out of or related to the acquisition, registration and use of the Domain Name. You hereby agree to pay any costs incurred by Microtronix to register and maintain the Domain Name on your behalf by Microtronix under the payment provisions of this agreement elsewhere herein.
3.3 Other Services. Microtronix offers a listing of additional services in conjunction with its Domain Registration and Web Hosting Services. The terms of these services are governed by this agreement.
3.4 Private Registration Service. Upon requesting the Microtronix Private Registration Service you agree to be bound by the terms of the GoDaddy DOMAIN NAME PROXY AGREEMENT which may be found on the GoDaddy Website located at http://www.godaddy.com/gdshop/legal_agreements/show_doc.asp?se=%2B&pageid=DOMAIN_NAMEPROXY.
The terms of the Private Registration Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your registration information with Microtronix in full compliance with this agreement and the terms of the Private Registration Policy. Failure to so comply is cause for immediate suspension and termination of your account under paragraph (8) herein or at the option of Microtronix cancellation of any domain name registered under this section.
3.5 The Registered Name Holder shall provide to Microtronix accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation.
3.6 A Registered Name Holder's willful provision of inaccurate or unreliable information, willful failure to promptly update information provided to Microtronix, or failure to respond for over fifteen calendar days to inquiries by Microtronix concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration.
3.7 Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm.
4 ACCEPTABLE USE
Microtronix strictly enforces compliance with its Acceptable Use Policy which may be found on the Microtronix Website located on our site under the legal tab. The terms of the Acceptable Use Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your website in full compliance with the terms of the Acceptable Use Policy. Failure to so comply is cause for immediate suspension and termination under paragraph (8) herein. Microtronix reserves the right to refuse to provide service to anyone at their sole option.
Microtronix, subject to the terms and conditions set forth herein, hereby grants you a non-exclusive, limited, personal, license to use the Microtronix Web Hosting Service for the term of the agreement as set forth herein. Your rights under this agreement may be assigned only upon prior notice and express approval by Microtronix. Any other assignment is null and void.
6 OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
6.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of Microtronix including but not limited to the Microtronix customer service and maintenance tools. You acknowledge that all right and title to any such Microtronix intellectual property shall remain the sole property of Microtronix and that you have no right, title or interest therein. You further agree not to provide access to the Microtronix services to any third party. You agree that you are not to assist any third party or to instigate yourself in any way to use, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Microtronix Services. Any and all right or title to any engineering, coding, programming or customer service work-around or other modification of the Microtronix service shall also remain the sole property of Microtronix.
6.2 During the term of this agreement you may have access to certain information and materials relating to the Microtronix business, customers, software technology and marketing which Microtronix treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of Microtronix; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
6.3 You are the sole owner of any information that you post within your account area. Microtronix does not normally review or edit the information posted within your account. Notwithstanding the above Microtronix specifically reserves all right to edit, change, remove or delete any information posted in violation of this policy, the Microtronix Acceptable Use Policy or any applicable law, order or public policy. Microtronix is not your partner, associate, joint venturer or agent with respect to any information placed by you on the Microtronix servers.
The initial term of this agreement shall be the period selected by you at the commencement of your account. Periodic accounts (monthly, annual, biannual) are automatically renewed and are charged in the same manner you selected at the commencement of your account. Any Additional services are renewed for the same period as the corresponding hosting service. A listing of all the presently available plans is available on the Microtronix website located at www.microtronix-tech.com
8 SUSPENSION AND TERMINATION
8.1 Suspension - At the sole option of Microtronix for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 1 (Payment of Fees) or any violation of the Microtronix Acceptable Use Policy, Microtronix may suspend your account by deactivating any access by you and by web users to any information contained on the Microtronix servers related to your account while maintaining the information and data related to your account upon the Microtronix servers. Suspension shall specifically include the disabling of your hosted domain and any access to information or data related to your account. In the event of any such suspension you will be notified. At the option of Microtronix you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected in the time allowed, the account may be terminated under paragraph 8.2. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
8.2 Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Microtronix servers. Such information or data may or may not be made available to you by Microtronix after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in paragraph 8.1 or (b) except as otherwise stated herein by either party upon 15 days notice in advance of a renewal period for any reason. If an invoice goes into collections at a set time period determined by Microtronix and stated in an email to you upon suspension, your account will immediately be terminated once the invoice goes into collections. This is at the sole discretion of Microtronix once an invoice moves into collections. Microtronix reserves the right to suspend and subsequently terminate any other services associated with your account once an invoice goes into collections and apply all future fees and payments to the invoices in collections.
8.2.2 Termination for Spam - Microtronix has the right to terminate your account at any given time for spamming of our server. If we notice that you spam our server with email, with requests that appear to be DDoS related or with MySQL requests this is considered spam under Shared Hosting Terms. If your MySQL or Site is using more than 30% of our server resources we have the right to suspend your site without notice. If we continue to notice request from your site as to spam our servers with them we have the right to terminate your account immediately without cause nor refund as this falls under the category of spamming and causing harm to our servers through spam requests to them. At no time are you to hold Microtronix Liable for these actions as we are protecting our property from attack. You understand these terms and agree to them and understand that your site must meet shared hosting guidlines before uploading to our servers for shared hosting. These guidelines are basic shared hosting guidelines, no excessive hits in the range of 20,000 a day and no excessive MySQL hits in the range of 20 a second to un-optimized tables. These terms of termination are not limited to the above stated, we reserve the right to change these spam definations at any time for any site depending on it's usage if it is harming to the server.
8.2.3 Email Spamming - All our shared hosting packages come with an hourly email sending limit of 20 emails per hour through Webmail and SMTP. If we notice that you abuse this limit and hit it too many times we will warn you of this limitation. After the first warning we will suspend the account for spamming practices until further notice.
8.3 In the event of termination under paragraph 8.2(a) there will be no refund provided to you. In addition, Microtronix may charge you an additional termination fee not to exceed $100.00 at its sole option. The assessment of this termination fee shall not affect the rights of Microtronix to recover from your losses, damages, indemnity, defense costs, expert costs, collection costs and attorney’s fees or other costs of any kind as may be applicable under California Law
9.0 INFORMATION USAGE AND COMMUNICATIONS
9.1 You hereby consent and agree that as to any information which Microtronix may collect from you and maintain with respect to you, including but not limited to your account information, dates of service, billing address, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from Microtronix concerning you or your account, or other information which in Microtronix sole judgment is reasonable, Microtronix may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of Microtronix and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the Microtronix Terms of Service or other policies.
9.2 During and after the term of this agreement you agree to receive periodic emails, telephone calls, or SMS messages containing commercial offers from Microtronix and certain approved marketing partners in regards to Microtronix or such partner products and services. We may also contact you concerning your account, system conditions, changes, updates and schedules.
9.3 You agree to provide and at all times during the term of this agreement maintain true and accurate account information on file with Microtronix specifically including your Name, Address, Email address, telephone number, billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your account to suspension and termination as set forth in paragraph eight (8) herein.
10.1 Any notice under this agreement shall be given by Microtronix to you via email at the address provided by you to Microtronix at the commencement of this agreement or as Microtronix is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so by contacting customer service via the Microtronix website located at http://www.microtronix-tech.com/.
10.2 Any notice by you to Microtronix shall be made by telephone to a customer service representative at 1-419-517-6627 during Microtronix regular business hours of 9:00 a.m. to 4:00 p.m. Central Time and is effective only upon receipt by Microtronix of any such notice. Such notice may also be sent via United States Mail to the following Address:
Oregon, OH 43616
Sections 1, 3 through 6, 8, 9, 10, 12, 13, and 15 through 21, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.
12 WARRANTEES AND LIMITATIONS
12.1 Microtronix makes every reasonable effort to maintain operation of the Microtronix service; however, because many events and circumstances are beyond the control of Microtronix, Microtronix does not in any way warrant or otherwise guarantee the availability of the Microtronix system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Microtronix.
12.2 THE Microtronix SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
12.3 In general, Microtronix has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. Microtronix accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. Microtronix provides no warranty for any goods or services which you obtain over the Internet nor the compatibility of any such services with the Microtronix system.
12.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
12.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO Microtronix IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL Microtronix BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
13.1 You agree to fully defend and indemnify and hold harmless Microtronix of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Microtronix in any way related to your use of the Microtronix service or any portion thereof.
13.2 You agree to fully defend and indemnify and hold harmless Microtronix of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Microtronix service or any portion thereof. Choice of counsel remains exclusively that of Microtronix
13.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless Microtronix of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of Microtronix.
14 FORCE MAJEURE
Either party to this agreement shall 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, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
15. U.S. EXPORT CONTROLS
Software available in connection with the Microtronix services is subject to United States export controls. No Software may be downloaded from Microtronix or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the any downloaded Software or software component is at your sole risk.
Your rights under this agreement may be assigned only upon prior notice and express approval by Microtronix. Microtronix may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Microtronix. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
18 CHOICE OF LAW
This Agreement shall be interpreted under the laws of the State of Ohio without regard to any conflict of laws or provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be enforced in the Superior Court of the State of Ohio, County of Lucas. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
19 NO AGENCY
Notwithstanding any other provision of this agreement, Microtronix is not your agent, partner or joint venturer in any respect.
20 AMENDMENT Microtronix may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Microtronix web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.
21 REQUIRED NOTICES
21.1 Copyright Infringement Claims - Any notice concerning any claim of copyright infringement should be addressed to Microtronix, COPYRIGHT INFRINGEMENT CLAIM, 3015 Navarre, Ste. 210, Oregon, OH 43616 Telephone (419) 517-6627 Facsimile (419)698-8305.
21.2 Ohio - Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to you under Ohio Law if you are unsatisfied with the manner in which a complaint that you may have regarding the Microtronix service you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs for your local area.
ICANN Uniform Domain-Name-Dispute-Resolution Policy.
TLD Contracts (Domain Name Registration).
© 2013 Microtronix All Rights Reserved.