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SBICAmerica, llc
domain name registration agreement
This
SBICAmerica, LLC. Domain Name Registration Agreement
("Agreement") is by and between SBICAmerica, LLC and You, Your
heirs, agents, successors and assigns ("You"), and is made
effective as of the date of electronic execution. This
Agreement sets forth the terms and conditions of Your use of
SBICAmerica Domain Name Registration and represents the entire
agreement between You and SBICAmerica. By participating in
this transaction, You acknowledge that You have read,
understand and agree to be bound by all the terms and
conditions of this Agreement, including our dispute policy,
along with any new, different or additional terms, conditions
or policies which SBICAmerica may establish from time to time.
In addition to
transactions entered into by You on Your behalf, You also
agree to be bound by the terms of this agreement for
transactions entered into on Your behalf by anyone acting as
Your Agent, and transactions entered into by anyone who uses
the account You've established with SBICAmerica, whether or
not the transactions were in Your behalf. You acknowledge that
SBICAmerica’s acceptance of any application made by You for
services provided by SBICAmerica will take place at
SBICAmerica’s office located in Tampa, Florida, USA.
You acknowledge that SBICAmerica is a reseller bound by an
agreement between SBICAmerica and Tucows. You agree that
SBICAmerica may modify this agreement in order to comply with
applicable law and the terms and conditions set forth by the
Internet ICANN and/or the Registry Administrator chosen by
ICANN, as well as any registration rules or policies that may
be published from time to time by SBICAmerica.
1. fees
In consideration for the services and products ("service")
purchased by You and provided to You by SBICAmerica, You agree
to pay SBICAmerica at the time service is provided. Payment is
to be made by You by providing a valid credit card. Payments
are non-refundable. If for any reason SBICAmerica is unable to
charge Your Payment Method for the full amount owed
SBICAmerica for the service provided, or if SBICAmerica is
charged a penalty for any fee it previously charged to your
Payment Method, You agree that SBICAmerica may pursue all
available remedies in order to obtain payment. You agree that
among the remedies SBICAmerica may pursue in order to effect
payment, shall include but will not be limited to, immediate
cancellation without notice to You of any domain names
registered or renewed on Your behalf. SBICAmerica reserves the
right to charge a reasonable service fee for administrative
tasks outside the scope of its regular services. These
include, but are not limited to, customer service issues that
cannot be handled over email but require personal service, and
disputes that require legal services. These charges will be
billed to the Payment Method we have on file for You.
Domain Name Renewals
When You register a domain name, You have the option to elect
that the domain name be automatically renewed upon reaching
the expiration date. If You elect the automatic renewal
option, SBICAmerica will automatically renew, for a period
equivalent to the length of your original registration, any
domain name that is up for renewal and will take payment from
the Payment Method You have on file with SBICAmerica, at
SBICAmerica’s then current rates. Thus, if you have chosen to
register your domain name for one year, SBICAmerica will
automatically renew it for one year. If you have chosen to
register your domain name for two years, SBICAmerica will
automatically renew it for two years, and so on. Domain name
renewals will be non refundable. If for any reason SBICAmerica
is not able to take the payment from the Payment Method You
have on file, and You fail to respond to our notices, Your
domain name registration will expire. It is Your
responsibility to keep Your Payment Method information
current, which includes the expiration date if you are using a
credit card. If You do not elect that the domain name be
automatically renewed, You have the responsibility of
contacting SBICAmerica for that domain name and manually
implementing the renewal by the expiration date (should You in
fact want the domain name to be renewed). In this case, if You
fail to manually implement the renewal in a timely fashion the
domain name will be cancelled and You will no longer have use
of that name. You agree that SBICAmerica will not be
responsible for cancelled domain names that You fail to renew,
either automatically or manually. In any case, if You fail to
renew Your domain name in a timely fashion, additional charges
may apply. You may incur an additional renewal fee unless You
cancel in advance.
2. term of
agreement; modifications
The term of this agreement shall continue in full force and
effect as long as You have any domain name registered through
SBICAmerica. You agree that You will not transfer any domain
name registered through SBICAmerica to another domain name
registrar during the first three hundred sixty five (365) days
from its initial registration date.
You agree that SBICAmerica may modify this agreement from time
to time. SBICAmerica may also discontinue services it provides
under this agreement. You agree to be bound by any changes
SBICAmerica may reasonably make to this agreement when such
changes become effective. Should You elect to cancel Your
agreement with SBICAmerica You will not receive a refund for
any fees You may have paid to SBICAmerica.
You agree that SBICAmerica shall not be bound by any
representations made by third parties who You may use to
purchase services from SBICAmerica, and that any statements of
a general nature, which may be posted on SBICAmerica web site
or be contained in SBICAmerica promotional materials, will not
bind SBICAmerica
3. up to date
information; use of information
You agree to notify SBICAmerica within five (5) business days
when any of the information You provided as part of the
application and/or registration process changes. It is Your
responsibility to keep this information in a current and
accurate status. Failure by You, for whatever reason, to
provide SBICAmerica with accurate and reliable information on
an initial and continual basis, shall be considered to be a
material breach of this agreement. Failure by You, for
whatever reason, to respond within five (5) business days to
any inquiries made by SBICAmerica to determine the validity of
information provided by You, shall also be considered to be a
material breach of this agreement.
Domain
Registration:
Client
authorizes SBICAmerica, LLC to register a dot.com domain(s)
names on Client's behalf and to activate them for one of
their approved servers. Client's company shall be listed as
the “Registrant” (owner)* upon receipt of the signup form
and hosting payment. SBIC will be listed as Client's
administrative, technical and billing contact.
Client acknowledges the fact that registration of these
names is on a “first-come, first-serve” basis; therefore,
Client understands that registration of the above names is
contingent upon the availability at the time of filing.
Client represents that registration of the dot.com domain
name(s) does not interfere with the rights of any third
party and is not being registered for any unlawful purpose.
SBIC does not act as arbiter of disputes.
Client understands that Client can move their domain name
(s) to the server of their choice at any time after one year
(allow 3 to 4 weeks for this process).
Client understands that SBIC will register and license the
first name listed (provided it is available) for 1 yr., free
of charge.
Client also understands that registrations are final and
that licensing fees are non-refundable; therefore Client
agrees that once SBIC has initiated the filing of the above
Domain Name(s) that Client will not cancel this domain
registration.
Client understands that they will be notified 30 days before
renewal & Client will be responsible for the annual renewal
of this Domain. Client understands that unless they notify
SBIC in writing 30 days before the renewal date, that for
the protection of Client's ownership rights, Client's credit
card/checking account will be auto-debited for the renewal
amount.
4. transfer of
domain names; resale practices
If You transfer any domain name You agree to provide the
information required by, and to abide by, the procedures and
conditions set forth in our Domain Transfer Agreement.
Domain
Transfers:
Client
authorizes SBICAmerica, LLC (SBIC) to transfer (and renew
if indicated) the above listed domain name to one of their
approved servers. Client understands that SBIC will be
listed as Client's administrative, technical and billing
contact, and that Client's company will remain listed as
the registrant (Owner).
Client understands that they can move their domain name to
the server of their choice at any time after the
expiration of Client's contract (allow 3 to 4 weeks for
completion).
Client agrees that if Client chooses to renew their domain
name, that licensing fees are final and non-refundable;
therefore Client agrees that once SBIC has initiated the
renewal of the domain name Client will not cancel this
domain registration.
Once transferred, Client understands that the license will
be extended by an extra year and this will be reflected in
the main database.
Client understands that they will be notified 30 days
before renewal & Client will be responsible for the annual
renewal of this Domain. Client understands that unless
they notify SBIC in writing 30 days before the renewal
date, that for the protection of Client's ownership
rights, Client's credit card/checking account will be auto
debited for the renewal amount.
*Client understands that if Client's existing website
needs to be copied from a third party server, Client may
incur additional charges. Circumstances include, Improper
coding, JavaScript, java, dynamic or static content that
must be manually copied or re-created. Furthermore, Client
agrees that SBIC cannot be held responsible for data
and/or e-mail that currently reside on another server.
Client understands that it is their sole responsibility to
back up their e-mail and site files before the transfer of
Client's domain.
5. restriction of
services; right of refusal
You agree not to use the services provided by SBICAmerica, or
to allow or enable others, to use the services provided by
SBICAmerica for the purposes of:
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The
transmission of unsolicited email (Spam).
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Repetitive,
high volume inquires into any of the services provided by
SBICAmerica (i.e. domain name availability, etc.).
If You are
hosting Your domain’s domain name servers ("DNS") on
SBICAmerica’s servers, or are using our systems to forward a
domain, URL, or otherwise to a system or site hosted
elsewhere, or if You have your domain name registered with
SBICAmerica, You are responsible for ensuring that there is no
excessive overloading on SBICAmerica DNS systems. You may not
use SBICAmerica servers and Your domain as a source,
intermediary, reply to address, or destination address for
mail bombs, Internet packet flooding, packet corruption, or
other abusive attack. Server hacking or other perpetration of
security breaches is prohibited. You agree that SBICAmerica
reserves the right to deactivate Your domain name from its DNS
system if SBICAmerica deems it is the recipient of activities
caused by your site that threaten the stability of its
network.
You agree that
SBICAmerica, in its sole discretion and without liability to
You, may refuse to accept the registration of any domain name.
SBICAmerica also may in its sole discretion and without
liability to You delete the registration of any domain name
during the first thirty (30) days after registration has taken
place. SBICAmerica may also cancel the registration of a
domain name, after thirty (30) days, if that name is being
used in association with spam or morally objectionable
activities. Morally objectionable activities will include, but
not be limited to: activities designed to defame, embarrass,
harm, abuse, threaten, slander or harass third parties;
activities prohibited by the laws of the United States and/or
foreign territories in which You conduct business; activities
designed to encourage unlawful behavior by others, such as
hate crimes, terrorism and child pornography; activities that
are tortuous, vulgar, obscene, invasive of the privacy of a
third party, racially, ethnically, or otherwise objectionable;
activities designed to impersonate the identity of a third
party; and activities designed to harm minors in any way. In
the event SBICAmerica refuses a registration or deletes an
existing registration during the first thirty (30) days after
registration. In the event SBICAmerica deletes the
registration of a domain name being used in association with
spam or morally objectionable activities, no refund will be
issued.
Payment Processing:
In connection with the
purchase of goods or services as outlined in the applicable
order form, I, the Client/Undersigned, hereby authorizes
SBICAmerica, LLC (SBIC), to process the amounts indicated in
the order form from the account specified. The Undersigned
hereby certifies that they are the authorized account holder
for the designated credit card/debit card account and agrees
that payments will be processed monthly as outlined for a
period of no less than 2 years. This authority will continue
until withdrawn in writing by the undersigned. Cancellation
of services MUST be submitted in writing 30 days prior to
cancellation.
Domain
Transfers:
Client
authorizes SBICAmerica, LLC (SBIC) to transfer (and renew if
indicated) the above listed domain name to one of their
approved servers. Client understands that SBIC will be
listed as Client's administrative, technical and billing
contact, and that Client's company will remain listed as the
registrant (Owner).
Client understands that they can move their domain name to
the server of their choice at any time after the expiration
of Client's contract (allow 3 to 4 weeks for completion).
Client agrees that if Client chooses to renew their domain
name, that licensing fees are final and non-refundable;
therefore Client agrees that once SBIC has initiated the
renewal of the domain name Client will not cancel this
domain registration.
Once transferred, Client understands that the license will
be extended by an extra year and this will be reflected in
the main database.
Client understands that they will be notified 30 days before
renewal & Client will be responsible for the annual renewal
of this Domain. Client understands that unless they notify
SBIC in writing 30 days before the renewal date, that for
the protection of Client's ownership rights, Client's credit
card/checking account will be auto debited for the renewal
amount.
*Client understands that if Client's existing website needs
to be copied from a third party server, Client may incur
additional charges. Circumstances include, Improper coding,
JavaScript, java, dynamic or static content that must be
manually copied or re-created. Furthermore, Client agrees
that SBIC cannot be held responsible for data and/or e-mail
that currently reside on another server. Client understands
that it is their sole responsibility to back up their e-mail
and site files before the transfer of Client's domain.
Domain
Registration:
Client
authorizes SBICAmerica, LLC to register a dot.com domain(s)
names on Client's behalf and to activate them for one of
their approved servers. Client's company shall be listed as
the “Registrant” (owner)* upon receipt of the signup form
and hosting payment. SBIC will be listed as Client's
administrative, technical and billing contact.
Client acknowledges the fact that registration of these
names is on a “first-come, first-serve” basis; therefore,
Client understands that registration of the above names is
contingent upon the availability at the time of filing.
Client represents that registration of the dot.com domain
name(s) does not interfere with the rights of any third
party and is not being registered for any unlawful purpose.
SBIC does not act as arbiter of disputes.
Client understands that Client can move their domain name
(s) to the server of their choice at any time after one year
(allow 3 to 4 weeks for this process).
Client understands that SBIC will register and license the
first name listed (provided it is available) for 1 yr., free
of charge.
Client also understands that registrations are final and
that licensing fees are non-refundable; therefore Client
agrees that once SBIC has initiated the filing of the above
Domain Name(s) that Client will not cancel this domain
registration.
Client understands that they will be notified 30 days before
renewal & Client will be responsible for the annual renewal
of this Domain. Client understands that unless they notify
SBIC in writing 30 days before the renewal date, that for
the protection of Client's ownership rights, Client's credit
card/checking account will be auto-debited for the renewal
amount.
Intern
Program General Terms:
Client
acknowledges that they’re receiving a satisfaction
guarantee, a discount on hosting which has been realized by
prepayment, and that the host will be pre-paid; therefore,
Client agrees that all fees paid are non-refundable.
Should Client
initiate cancellation of this agreement for any reason the
Client’s “Future Home Of…”page or Website will be removed
from the servers and the estimated market value will become
due immediately. A refund may be requested only in the event
that SBIC defaults in performance of the agreed services;
however, Client acknowledges that a substantial amount of
work will be initiated upon the execution of this agreement
including, but not limited to, the registration, transfer or
modification of the domain name, creation of a “Future Home
Of…” page, instruction of the Intern and/or setup of the
server; therefore Client agrees that any services performed
before the request would be subtracted from the amount of
any refund granted.
Client also
acknowledges that the hosting term will commence immediately
upon the set up of their “Future Home Of…” page. Client also
agrees to contact SBICAmerica, LLC for any
disputes/resolutions before contacting card carrier.
Client is
responsible for providing materials/content for design.
Client gives
permission to the Intern to refer to Client‘s website in
his/her portfolio for use during their search for
employment.
Client gives
permission to SBICAmerica, LLC to refer to Client‘s website
for seminars/classes and program references.
Client agrees
to Host website for at least two years. SBIC will notify
client 30 days before renewal & Client will be responsible
for hosting renewal. Client must notify SBIC, in writing, 30
days prior to the renewal date or Client’s credit
card/checking account will be auto processed for payment due
for Client‘s hosting, domain name & SSL (if applicable)
renewal to prevent Client’s website removal from the
Internet.
Lawful
Purpose
SBICAmerica,
LLC reserves the right to refuse service to anyone.
Customers may only use SBICAmerica, LLC server for lawful
purpose. Transmission of any material in violation of any
Federal, State or Local regulation is prohibited. This
includes, but is not limited to copyrighted material,
material legally judged to be threatening or obscene, and
material protected by trade secrets. The designation of any
materials as such described above is left entirely to the
discretion of SBICAmerica, LLC management. Regardless of the
place of signing this agreement, the client agrees that for
purposes of venue and jurisdiction this contract was entered
into in Hillsborough County, Florida, and any dispute will
be litigated or arbitrated in Hillsborough County, Florida.
Shipping Policy
Initial Design
Packet Materials will be mailed to client via USPS return
receipt requested. All completed electronic media is
delivered via e-mail with a copy provided on disk via USPS
if requested in advance by the client. Original Materials
returned only if shipping is prepaid in advance by client.
Refund Policy
Without
exception, all fees paid to SBICAmerica, LLC and/or its
affiliates (hereinafter collectively or individually
referred to as SBICAmerica, LLC) for domain registration,
transfer fees, pre-paid commercial hosting, web development
and design, auto-renewals with no written cancellation on
file, S.E. registration and S.E. submittal are
non-refundable upon execution of contract and/or upon
acceptance online. Acceptance online is considered to be
automatic once you have read this statement and have
proceeded with the program or design process. Client is
required to provide design materials outlined in the Design
Packet in electronic format on a CD or disk via US mail
within 6-8 weeks from execution of contract. If materials
are not delivered in a timely manner, SBICAmerica, LLC also
reserves the right to determine the production schedule for
the contracted services. If client has paid by credit card
and decides to initiate a charge back or fails to complete
the agreed-upon contract terms, the temporary,
under-construction web page will be removed from the host
server. If the credit card processor elects to debit the
account of SBICAmerica, LLC (SBIC) then SBIC or its
affiliates may elect to pursue damages for the full market
value of the contract. SBIC will pursue all legal remedies,
and client will be held responsible for payment thereof. If
the reason for client’s default is due to a change in
client’s business conditions and/or environment, client may
elect to have SBIC transfer all fees due or paid to date,
less any domain registration or transfer fees, to a new
account name or business. Upon such a request, SBICAmerica,
LLC will pro-rate all fees accordingly based upon the
remaining hosting term. Upon default, client may further
elect the option to sell client’s contract to another
business in need of SBICAmerica, LLC services. If the client
elects this option, the new entity would be responsible for
the registration or transfer fees for domain names and would
assume the balance of the remaining contract.
Website Terms
of Use
These Terms
and Conditions of Use constitute the contractual agreement
between you and SBICAmerica, LLC regarding your use of our
site and any activities or transactions you may conduct
through our site. Your use of our site constitutes your
agreement to follow and be bound by these Terms and
Conditions of Use and by our Privacy Policy (collectively,
our “Terms and Conditions”).
As used in these Terms and Conditions, the words “you” and
“your” and "Client" refer to any person accessing the
SBICAmerica, LLC Web site. The words “we,” “us,” and “our”
refer to SBICAmerica, LLC.
We reserve the right to modify, alter, or otherwise update
these Terms and Conditions at any time. We will post any
such change at this site, so you are encouraged to review
these Terms and Conditions from time to time. Any changes
will apply prospectively only. Your continued use of our
site following the posting of changes to these Terms and
Conditions will constitute your acceptance of any and all
posted changes. We may of course change, move or delete
portions of our site, or add to our site from time to time.
User
Comments
All comments, feedback, postcards, suggestions, ideas,
and other submissions disclosed, submitted, or offered to
SBICAmerica, LLC through our site or otherwise disclosed,
submitted, or offered in connection with your use of our
site (collectively, “Comments”) shall be and remain the
property of SBICAmerica, LLC. You agree that SBICAmerica,
LLC may use or disclose Comments in any manner consistent
with our Privacy Policy. SBICAmerica, LLC shall be free to
use, without restriction and without compensation to you,
any ideas, concepts, know-how, suggestions, or techniques
contained in any Comments you send to us for any purpose
whatsoever. SBICAmerica, LLC has no obligation to respond to
any Comments, and we reserve the right, but undertake no
duty, to review, edit, move, or delete any material posted
by users on our site, in our sole discretion and without
notice.
Ownership
Of Site Contents; Downloading
Unless otherwise noted, all text, images, illustrations,
designs, icons, photographs, video clips, and other
materials that are part of our site (collectively, the
“Contents”) are copyrighted works, trademarks, trade dress,
or other intellectual properties owned, controlled, or
licensed by SBICAmerica, LLC or
used under principles of “fair use.” The Contents of our
site and the site as a whole are intended solely for your
personal use. You may not copy the Contents and other
materials displayed on our site any purpose whatsoever
without our advance written consent.
Web Site
Security Rules.
Users are prohibited from violating or attempting to
violate the security of the site, including, without
limitation (a) accessing data not intended for such user or
logging into a server or account which the user is not
authorized to access (b) attempting to probe, scan or test
the vulnerability of a system or network or to breach
security or authentication measures without proper
authorization (c) attempting to interfere with service to
any user, host or network, including, without limitation,
via means of submitting a virus to the site, overloading,
flooding, spamming, mailbooming or crashing (d) sending
unsolicited e-mail, including promotions and/or advertising
of products or services or (e) forging TCP/IP packet header
or any part of the header information in any e-mail or
newsgroup posting. Violations of any system or network
security may result in civil or criminal liability. SBIC
will investigate occurrences which may involve such
violations and may involve and cooperate with, law
enforcement authorities in prosecuting users who are
involved in such violations.
RESTRICTIONS ON USE OF
MATERIALS
This site is owned and operated by SBICAmerica, LLC
unless otherwise indicated the contents, and the collection,
arrangement and assembly of the contents of this site are
the property of SBICAmerica, LLC (SBIC) and are protected,
without limitation, U.S. and foreign copyright, trademark
and other laws. No material from this site may be copied,
reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one
copy of the materials on any single computer for your
personal non-commercial use only, provided you keep intact
all copyright and other proprietary notices. Modification of
the materials or use of the materials for any other purpose
is a violation of SBIC's copyright, trademark, and trade
secret rights and others' proprietary rights. The use of any
such material on any other Web Site or networked computer
environment for any purpose is prohibited.
Acceptable Site Use
General Rules.
Users may not use the site in order to transmit,
distribute, store or destroy material (a) in violation of
any applicable law or regulation (b) in a manner that will
infringe the copyright, trademark, trade secret or other
intellectual property rights of others or violate the
privacy, publicity or other personal rights of others or (c)
that is defamatory, obscene, threatening, abusive or
hateful. Users may use the site only for lawful purposes.
TERMINATION
This Agreement will terminate immediately without notice
from SBIC, if in SBIC's sole discretion you fail to comply
with any term or provision of this Agreement, if you are a
repeat infringer of any third party's rights, or if you
engage in conduct that is illegal, tortious or that
interferes with the technological operation of this site.
Upon termination, you must destroy all materials obtained
from this site and all copies thereof, whether made under
the terms of this Agreement or otherwise.
LINKS
This site may contain links to third party sites. These
links are provided solely as a convenience to you and not as
an endorsement by SBIC. SBIC is not responsible for the
content of linked third-party sites and does not make any
representations regarding the content or accuracy of
materials on such third party sites. If you decide to access
linked third party sites, you do so at your own risk.
THIRD PARTY POSTINGS
SBIC may, in its sole discretion, post material,
advertisements and other promotional materials of third
parties on the site. Your correspondence or dealings with
these parties found on the site are solely between you and
such party. You agree that SBIC shall not be responsible for
any loss or damage of any sort incurred as a result of any
such dealings or as a result of their presence. Moreover,
SBIC shall not be responsible or liable for the statements
or conduct of any third party on the site. With regard to
services or products purchased or obtained by a user from
someone other than SBIC, we make no representation or
warranty of merchantability or fitness for a particular
purpose with regard to such services or products, and we
hereby specifically disclaim any and all express and implied
representations and warranties of any nature whatsoever as
to such services and products.
Policies
For Children (Individuals Under 13 Years Of Age)
Our site is not a Web site directed to children under
the age of 13. However, we hereby advise all visitors to
our Web site under the age of 13 not to disclose or provide
any Personally Identifiable Information on our site. In
the event we discover that a child under the age of 13 has
provided Personally Identifiable Information to us, in
accordance with the Children’s Online Privacy Protection Act
of 1998, we will delete the child’s Personally Identifiable
Information from our files. For more information regarding a
child under the age of 13 providing Personally Identifiable
Information, see the Federal Trade Commission’s Web site
explaining the Children’s Online Privacy Protection Act of
1998 at
http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/.
Indemnification
CUSTOMER
AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD
SBICAmerica, LLC (SBIC) HARMLESS FROM ANY AND ALL DEMANDS,
LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE
ATTORNEY'S FEES AND COSTS OF SUIT ASSERTED AGAINST SBIC, ITS
AGENTS, ITS CUSTOMERS, OFFICERS, AFFILIATES AND EMPLOYEES,
THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR
PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY
CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES
TO DEFEND, INDEMNIFY AND HOLD HARMLESS SBICAmerica, LLC
AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON
OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH SBICAmerica, LLC'S SERVER;
(2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR
ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD
PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE
PRODUCTS SOLD TO CUSTOMER FROM SBICAmerica, LLC'S SERVER;
(5) ANY CLAIM ASSERTED FOR DAMAGES IN EXCESS OF THE CREDITS
SPECIFICALLY PRESCRIBED BY THIS AGREEMENT.
Disclaimer
SBICAmerica,
LLC (SBIC) WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR
BUSINESS MAY SUFFER. SBIC MAKES NO WARRANTIES OF ANY KIND,
EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. SBIC DISCLAIMS
ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS,
NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE
INTERRUPTIONS CAUSED BY SBIC AND ITS EMPLOYEES. SBICAmerica,
LLC RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF
SBICAmerica, LLC MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR
IMMEDIATE ACCOUNT DEACTIVATION.
SEVERABILITY
If any provision of this
Agreement shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable
from these Terms of Use and shall not affect the validity
and enforceability of any remaining provisions.
PERMISSION FOR REPRINTS
All material on this site
without limitation, is protected by Canadian, U.S. and other
foreign copyright and trademark laws. In order to receive
permission to reprint any material on this site (outside of
personal, non-commercial use), please contact us.
Email:
No bulk email may be sent.
Email accounts may not used for the purpose of sending
unsolicited advertisements or spam.
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