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TERMS OF SERVICE AGREEMENT Service Cinnamon Lizard is a provider of hosting, domain registration, web design, ecommerce and marketing services. This Service Agreement ('Agreement') applies to the purchase from Cinnamon Lizard and its affiliates (collectively, Cinnamon Lizard) of all services (collectively, the 'Services') selected by Customer on the Order Form and the Domain Name Registration Form, as applicable, incorporated by reference and attached hereto, if any, except that if Customer is also ordering co-location and/or Web site production services, then Customer is also required to sign the agreements specific to those services. Cinnamon Lizard reserves the right to modify its network and facilities used to provide the Services for purposes including but not limited to accommodating evolving technology and increased network demand, and providing enhanced services. Terms Cinnamon Lizard reserves the right to suspend or cancel a Client's access to any or all services privileges provided by Cinnamon Lizard when Cinnamon Lizard determines that the account has been inappropriately used, at which time no refund can be issued. Cinnamon Lizard reserves the right to refuse service and/or access to its servers to anyone. Using Cinnamon Lizard's network as a means to transmit or post defamatory, harassing, abusive, or threatening language is strictly prohibited. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks is strictly prohibited. Also prohibited are activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment. Any attempt to undermine or cause harm to a server or Customer of Cinnamon Lizard is strictly prohibited. Unauthorized use or attempted of other clients' accounts or computers is strictly prohibited. Such attempts include 'internet scamming' (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by an Cinnamon Lizard Customer, whether or not the attacked account or computer belongs to Cinnamon Lizard, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, fines and civil or criminal legal action. Cinnamon Lizard prohibits the following sites: Illegal activities including but not limited to warez sites or storing and/or distributing illegal copies of copyrighted software, violations of copyrights, branding and trademarks, selling and/or distributing illegal contraband, selling or distributing firearms, and violations of U.S. laws. No adult content Server use
& abuse Space
not for resale Unsolicited
email (Spam) & abuse of mail server IP address ownership Cinnamon Lizard shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by Cinnamon Lizard and Cinnamon Lizard reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses. Caching Customer expressly grants to Cinnamon Lizard a license to cache the entirety of Customer's Web Site, including content supplied by third parties, hosted by Cinnamon Lizard under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer intellectual property rights or any third party's intellectual property rights. Equipment Cinnamon Lizard is acting only as a reseller and/or provider of any hardware, software, circuit and equipment (collectively, the 'Equipment') offered under this Agreement that was manufactured by a third party. Cinnamon Lizard shall not be responsible for any changes in Service(s) that cause Equipment to become obsolete, require modification or alteration, or otherwise affect the performance of the Service(s). Any malfunction or manufacturer's defects of Equipment either sold or provided by Cinnamon Lizard to Customer or purchased directly by Customer used in connection with the Service(s) will not be deemed a breach of Cinnamon Lizard obligations under this Agreement. Any rights or remedies Customer may have regarding the performance or compliance of Equipment are limited to those rights extended to Customer by the manufacturer of such Equipment. Customer is entitled to use any Equipment supplied by Cinnamon Lizard only in connection with Customer permitted use of the Service(s). Customer shall not resell, transfer, export or re-export any Equipment, or any technical data derived therefrom, in violation of any applicable United States or foreign law. Data transfer Cinnamon Lizard allows monthly transfer up to the quantity agreed upon when Clients purchase a hosting plan. If any user exceeds the alotted amount, additional fees will be assessed, determined by Cinnamon Lizard. Backups
and data storage
Cinnamon Lizard shall not be responsible for any damages to the Customer
Content, the Customer Web site or other damages or any malfunctions
or service interruptions caused by any failure of the Customer Content
or any aspect of the Customer Web site to be compatible with the hardware
and software used by Cinnamon Lizard to provide the Hosting Services.
Unless
the applicable Service Description provides otherwise, Customer is
solely responsible for making back-up copies of the Customer Web site
and Customer Content. Payment policy All hosting services are on a monthly prepaid basis. Only credit cards payments are accepted. Service is activated only after receipt of payment. Credit card payment is authorized and assessed in real time. Once an order is successfully submitted, the client is subject to Cinnamon Lizard's refund policy. There is no setup fee.
All monetary transactions will occur in $US dollars. No bills or invoices
will be sent by postal mail or fax for hosting or domain registration
services, although Web design and other optional services may require
a written and signed agreement. All InterNIC fees are separate from Cinnamon Lizard costs and the client is responsible for timely payments for InterNIC domain services in order to maintain domain ownership. The Cinnamon Lizard reserves the right to change its pricing schedule at any time. Additional features Additional features can be added at any time. When a feature is added, the client is assessed charges for the month and every upcoming month until the end of their billing cycle. Feature prices are not prorated. Credit card failures In the event of any credit card failure, a notice will be sent to the billing contact via email. An attempt will be made to charge the credit card everyday until a successful charge or the end of the billing cycle. If the credit card is charged successfully, a notification of 'successful charge' will be sent to the billing contact via email. If the credit card continues to fail and the billing cycle ends, the account will be cancelled. Returned checks Non-sufficient fund checks will result in a cancellation of the account and the client is assessed a $20 processing fee. Account reactivation If an account was cancelled due to client request or billing issues and the client desires to reactivate the account, a non-refundable reactivation fee of $19.95 will be required prior to account reactivation. Accounts are reactivated after all outstanding charges are paid, including outstanding hosting charges and NSF check processing fees (if applicable). If an account was cancelled due to policy violation, Cinnamon Lizard will not reactivate the account. Refund policy If Cinnamon Lizard terminates an account due to policy violations, there will be no refund. The fees for additional features are non-refundable. Cancellation Cinnamon Lizard reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund. The policy violator may be assessed a 500 dollar clean up fee. Cinnamon Lizard reserves the right to delete the policy violating web site content without notice. Customers can cancel service at any time. Account cancellations are not accepted via email. All account cancellations are to be requested through the client's control panel contact forms. If the client requests cancellation, their account will be terminated at a specified date or immediately. If the client specifies immeditate account termination, Cinnamon Lizard reserves the right to delete the web site contents without notice. Disclaimer
of warranty Customer
acknowledges and agrees that Cinnamon Lizard exercises no control
over, and accepts no responsibility for, the content of the information
passing through Cinnamon Lizard host computers, network hubs and points
of presence (the 'Cinnamon Lizard Network') or the Internet. NEITHER
Cinnamon Lizard, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY
INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT Cinnamon
Lizard PROVIDES. NEITHER Cinnamon Lizard, ITS EMPLOYEES, AFFILIATES,
AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR
THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR
FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE
CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Cinnamon Lizard IS
NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER
TO OR FROM Customer OR STORED BY Customer OR ANY OF CUSTOMER'S CLIENTELE
VIA THE SERVICE(S) PROVIDED BY Cinnamon Lizard. In
no circumstance will Cinnamon Lizard be liable for any claims resulting
from the use or inability to use Cinnamon Lizard's services - including,
but not limited to, service interruptions, client errors, Internet
connectivity problems, miscommunications, unauthorized access to Cinnamon
Lizard's servers, InterNIC problems, DNS caching, Internet bandwidth
congestion, power failures, vandalism, and natural disasters. Indemification Customer
will indemnify, save harmless, and defend Cinnamon Lizard and all
directors, officers, employees, and agents of Cinnamon Lizard (collectively
'indemnified parties') from and against any and all claims, damages,
losses, liabilities, suits, actions, demands, proceedings (whether
legal or administrative) and expenses (including but not limited to
reasonable attorneys' fees) arising out of or relating to the use
of the Services by Customer, including any violation of the Cinnamon
Lizard Acceptable Use Policy. Such claims shall include, but shall
not be limited to, claims based upon trademark, service mark, trade
name, copyright and patent infringement, trademark dilution, tortuous
interference with contract or prospective business relations, unfair
competition, defamation or injury to reputation, or other injuries
or damage to business. Limitation
of liability IN
NO EVENT SHALL CINNAMON LIZARD BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA
OR USE, SUFFERED BY CUSTOMER OR
ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT
LIABILITY OR OTHER LEGAL THEORY, EVEN IF CINNAMON LIZARD HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Cinnamon
Lizard liability for any damages, losses and causes of actions whether
in contract or tort (including negligence or otherwise) exceed the
actual dollar amount paid by Customer for the Service which gave rise
to such damages, losses and causes of actions during the 12-month
period prior to the date the damage or loss occurred or the cause
of action arose. Some jurisdictions do not allow the exclusion or
limitation of warranties or incidental or consequential damages, so
that the above limitations or exclusions may not apply to Customer.
In such jurisdictions, Cinnamon Lizard liability (and the liability
of its affiliates, agents, content providers and service providers)
shall be limited to the greatest extent permitted by applicable law.
Force Majeure Cinnamon
Lizard shall not be liable for failure or delay in performing its
obligations hereunder if such failure or delay is due to circumstances
beyond its reasonable control, including, without limitation, acts
of any governmental body, war, insurrection, sabotage, embargo, fire,
flood, strike or other labor disturbance, interruption of or delay
in transportation, unavailability of or interruption or delay in telecommunications
or third party services, failure of third party software or inability
to obtain raw materials, supplies, or power used in or equipment needed
for provision of the Services. Intellectual
property Customer
represents and warrants that Customer's use of the Services shall
not infringe the intellectual property or other proprietary rights
of Cinnamon Lizard or any third party. Customer further acknowledges
that all right, title and interest in any and all technology, including
the software that is part of or provided with the Services and any
trademarks or service marks of Cinnamon Lizard (collectively, ' Cinnamon
Lizard Intellectual Property') is vested in Cinnamon Lizard and/or
in Cinnamon Lizard licensors. Unless otherwise specifically provided
in this Agreement, Customer shall have no right, title, claims or
interest in or to the Cinnamon Lizard Intellectual Property. Customer
may not copy, modify or translate the Cinnamon Lizard Intellectual
Property or related documentation, or decompile, disassemble or reverse
engineer the Cinnamon Lizard Intellectual Property, to use it other
than in connection with the Services, or grant any other person or
entity the right to do so. Unless otherwise specifically provided
in this Agreement, Customer is not authorized to distribute or to
authorize others to distribute the Cinnamon Lizard Intellectual Property
in any manner without the prior written consent of Cinnamon Lizard;
provided, however, that nothing in this sentence would preclude Customer
from using the Cinnamon Lizard Intellectual Property as incorporated
in the Services. This paragraph shall not operate to extinguish, restrict,
vary, waive or affect in any manner whatsoever any right, title or
interest which Customer may now have or hereafter acquires in, or
in relation to, the third-party software that is part of or provided
with the Services solely to the extent such third-party licensors
publicly provide such rights, title or interest in the third-party
software to Customer. Confidential
information Each
party acknowledges that, in the course of the performance of this
Agreement, it may have access to Customer information and communications,
including proprietary information claimed to be unique, secret, or
confidential, and which constitutes the exclusive property and trade
secrets of the other party ('Confidential Information'). Except as
provided in Cinnamon Lizard Acceptable Use Policy (AUP), each
party agrees to maintain the confidentiality of the Confidential Information
and to use the Confidential Information only to the extent necessary
for legitimate business uses in connection with this Agreement. Upon
request of either party or on termination or expiration of this Agreement,
each party shall return the Confidential Information of the other
party then in its possession. Nothing in this Agreement shall prohibit
or limit either party's use of information which (a) is now, or hereafter
becomes, publicly known or available through lawful means; (b) is
rightfully in receiving party's possession, as evidenced by receiving
party's records; (c) is disclosed to the receiving party without confidential
or proprietary restriction by a third party who rightfully possesses
and rightfully discloses the information; (d) is independently developed
by the receiving party without any breach of this Agreement; (e) is
the subject of a written permission to disclose provided by the disclosing
party; or (f) is required by law to be disclosed. Customer
data Customer
is responsible for its content residing on Cinnamon Lizard servers,
and except as otherwise agreed with Cinnamon Lizard, for the backup
thereof. Technical support Free customer support is provided via email through the client's control panel contact forms. Technical support emails will be answered as soon as reasonably possible, usually within 24 hours. Client agrees not to spam support. Cinnamon Lizard provides optional Web site design, custom programming and scripting, graphics, and Web site consulting services at an additional fee and not included as a portion of hosting technical support. In order to successfully use and operate your web hosting account, basic proficiency with Internet concepts is required. Cinnamon Lizard is not responsible for providing support for general computer usage. General computer usage is defined as the operation of any software, application, or hardware of which Cinnamon Lizard does not control. Examples of support requests for which Cinnamon Lizard is unable to provide support include, but are not limited to: creating and managing files, operating word processors, operating Email client software, operating world wide web browsers, and operating multimedia authoring software. In order to access your account with Cinnamon Lizard, Clients must provide an Internet connection. Cinnamon Lizard is not responsible for providing support for these Internet connections, and any requests made of Cinnamon Lizard to do so will be deferred to the Internet provider's technical support department. Some Internet providers place limitations on network traffic, which can adversely affect your ability to use any web hosting service, regardless of vendor. Cinnamon Lizard is not responsible for supporting these installations or configurations, and support for issues related to end-user Internet connection limitations will be terminated as soon as our staff can determine the problem is outside of our control. You can request our help at a charge of $39.95 per incident. In order to produce and publish a Website on the World Wide Web using your Cinnamon Lizard web hosting account, knowledge of basic web programming (HTML) is required, and can require proficiency with graphic editing and/or CGI programming. Cinnamon Lizard does not provide any support for HTML or other products related to editing and creating the content for your website. Any requests that are of an application-specific nature will be deferred to the software vendor's technical support department. You can request our help for an additional hourly fee to be determined, depending on the nature or the question. Optional services Customer
must provide Cinnamon Lizard with any information, login identifications,
passwords or other information or access to facilities that Cinnamon
Lizard may reasonably require to provide the Optional Services Cinnamon
Lizard will have no responsibility for any delays or increased costs
or expenses associated with Customer's failure to provide any of such
information. If Customer does not provide any such information or
access requested by Cinnamon Lizard within ten (10) days of Cinnamon
Lizard request therefor, Cinnamon Lizard may terminate the Order and
retain any Service Fees paid. If
Customer requested that Cinnamon Lizard perform the Optional Services
by a particular deadline or that Cinnamon Lizard achieve some particular
result or outcome, Cinnamon Lizard will use commercially reasonable
best efforts to perform the Services by any such deadline and achieve
the result requested by Customer; provided, however, that (i) Cinnamon
Lizard ability to perform the Services is subject to Customer's provision
of information and access as provided above and (ii) Cinnamon Lizard
has no liability or obligation to complete the Services by any deadline
or achieve any particular outcome of result. If
Customer wishes to convey documents or files to Cinnamon Lizard, Customer
should deliver to Cinnamon Lizard a copy or duplicate of such documents
or files and not the original copy. Cinnamon Lizard will not return
to Customer any documents or files conveyed to Cinnamon Lizard. Assignment
and severability This
Agreement shall be binding upon and inure to the benefit of Customer,
Cinnamon Lizard and our respective successors, and assigns. Customer
may not assign this Agreement without the prior written consent of
Cinnamon Lizard, which consent will not be unreasonably withheld.
If any provision of this Agreement shall be held by a court of competent
jurisdiction to be invalid, unenforceable, or void, the remainder
of this Agreement shall remain in full force and effect. Notices All
notices to Customer hereunder shall be given at the Billing Address
provided on the signature page hereto. All notices to Cinnamon
Lizard hereunder shall be given to: Legal
Department The Edenbek Corporation Cinnamon
Lizard Any
notice hereunder shall be in writing and shall be given by registered,
certified or Express mail, or reliable overnight courier addressed
to the addresses in this Agreement, or by facsimile. Notice shall
be deemed to be given upon the earlier of actual receipt or three
(3) days after it has been sent, properly addressed and with postage
prepaid. Entire agreement This
Agreement, and any other document or agreements specifically identified
in this Agreement, supercedes all previous representations, understandings
or agreements. Acceptance
of service ACCEPTANCE
OF THIS AGREEMENT BY CINNAMON LIZARD MAY BE SUBJECT, IN CINNAMON LIZARD'S
ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK
AND CONTINUED CREDIT WORTHINESS OF Customer. ACTIVATION OF SERVICE
SHALL INDICATE CINNAMON LIZARD'S ACCEPTANCE OF THIS AGREEMENT. USE
OF THE CINNAMON LIZARD NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
Customer represents and warrants that Customer has full authority
and right to enter into this Agreement. Customer further represents
and warrants that Customer IS at least 18 years of age.
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