a. The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE,AGREE AND AUTHORIZE MULTACOM Corporation TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term."
b. This Agreement may be terminated
- i. by either party by giving the other party thirty (30) days prior written notice (subject to an early cancellation fee payable by Customer as provided below),
- ii. by MULTACOM in the event of nonpayment by Customer,
- iii. by MULTACOM, at any time, without notice, if, in MULTACOM's sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, AUP, or Customer's use of the Services disrupts or, in MULTACOM's sole and absolute discretion and/or judgment, could disrupt, MULTACOM's business operations and/or
c. If you cancel this Agreement prior to the end of the Initial Term or any Term thereafter,
- i. you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation,
- ii. MULTACOM shall refund to you all pre-paid fees for basic hosting services (shared, dedicated and/or managed) for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment,
- iii. you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above) and (iii) you shall pay an early cancellation fee of $50. Any cancellation request shall be effective thirty (30) days after receipt by MULTACOM, unless a later date is specified in such request.
d. MULTACOM Corporation may terminate this Agreement
- i. if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or
- ii. immediately by giving written notice to Customer, if MULTACOM determines in good faith that Customer's use of the Customer Web site or the Customer Content violates any term or condition. If MULTACOM cancels this Agreement prior to the end of the Term for your breach of this Agreement and related agreements, the Customer's use of the Services disrupts, MULTACOM shall not refund to you any fees paid in advance of such cancellation and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and MULTACOM shall have the right to charge you an administrative fee of $50.00.
e. Upon termination of this Agreement for any cause or reason whatsoever, customer shall not have any further rights or obligations under this Agreement, except as expressly set forth herein. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which MULTACOM Corporation may be entitled.
f. Additional Resource Charges. You will be charged additional nonrefundable fees in the event that you used excessive resources including, without limitation, additional bandwidth, file transfer or disk space in excess of the amount included with your account. You agree to pay for any and all charges that may coincide with the usage of MULTACOM's services at the then current prices.
g. Late payment. If your payment is received late, you may be responsible for paying a late charge fee of $10 per month for shared hosting and $25 for dedicated server or colocation services. Services and your account may remain suspended until payment is received by MULTACOM. If your account is left unpaid for 30 days for shared hosting and 15 days for dedicated servers, your account and your files and data will be deleted. A termination under this condition, or any other, will not relieve you from paying any past due fees plus interest that have accrued prior to the termination. In the event of collection enforcement, you will be liable for any costs, including, without limitation, attorneys' fees, court costs, and collection agency fees.
h. No warranty. MULTACOM makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by MULTACOM Corporation or its agents or employees shall create a warranty. MULTACOM provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall MULTACOM be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties use of the service to access your account, or to access the Internet or any part thereof, or your or any third parties reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with MULTACOM service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service and terminating your account.
You understand that by placing information on MULTACOM's servers that such information becomes available to all Internet users and that MULTACOM has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of MULTACOM's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through MULTACOM or on the Internet generally.
i. Backup of data. Your use of the service is at your sole risk. MULTACOM is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on MULTACOM's servers.
j. Representation. You represent to MULTACOM that you are (1) at least eighteen 18 years of age; (2) you possess the legal right and ability to enter this agreement; (3) you will use the account/service only for lawful purposes and remain in accordance with this Agreement and all policies and guidelines of MULTACOM Corporation; (4) you will be financially responsible for your account; (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through use of the account, including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance.
k. ACKNOWLEDGEMENT. By placing and continuing to maintain or place information on MULTACOM servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
l. SEVERABILITY. If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
m. APPLICABLE LAW and JURISDICTION. This agreement shall be governed by the applicable laws of the State of California, USA ("California") and the United States of America. Customer agrees that all services provided by MULTACOM shall be deemed to have been requested and provided in Los Angeles County, California. Customer further agrees that the Court of Los Angeles, California, shall have personal jurisdiction over Customer and exclusive subject matter jurisdiction over any and all controversies or claims arising from or relating to this agreement or the services provided by MULTACOM Corporation. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.
n. Customers using MULTACOM Corporation's Domain Registration Services must also agree to terms and conditions set forth in Domain Name Registration Agreement and Uniform Domain Name Dispute resolution Policy which are posted at http://multacom.com/legal.html.
o. Colocation equipment, In addition to MULTACOM's standard nonpayment procedure, release of any colocated (colocation clients hardware) requires billing approval with client paying any and all balances outstanding. Under no circumstance shall any significant piece of equipment be removed without 2 day advance notice and payment in full for services rendered and client obligations under contract signed between the client and MULTACOM are fully fulfilled. This does not include replacing a piece of equipment with a similar piece of equipment. Should client fail to make payment and/or fulfill its obligations within 15 days MULTACOM may remove client.s hardware from racks/cabinets and place them in storage. Additional storage and retrieval from storage fees will be added in case of such event. Should billing balances not be settled after 30 days, MULTACOM reserves the right to resell, take ownership of the colocated equipment and/or discard coloated equipment. Client agrees to forfeit any claim on such equipment after above mentioned 30 day period.
p. Client understands and agrees that the Client is responsible for monitoring the bandwidth utilized by servers in his account and that in case of excess utilization will be liable to pay any and all fees associated with the overage according to prices set forth by MULTACOM Corporation and posted on the MULTACOM.COM/bandwidth/ website unless conflicting price for over utilization is part of a written agreement or part of a written contract between MULTACOM Corporation and the Client.
q. Client agrees that contacts added to Clients account will be representatives of the Client and are authorized by the Client to add and/or remove services and request actions be taken by MULTACOM Support Staff. Client is liable for requests made by the representatives regardless of their employment status and/or relationship with the Client. The Client is solely responsible for maintaining accuracy of point of contact and authorized individuals on the account.
r. If paying by Credit Card, the Client hereby authorize MULTACOM Corporation to charge the VISA / MasterCard / Discover / AMEX credit card account(s) for charges from MULTACOM Corporation including prepayment of monthly minimums that may accrue from month to month or any past due balances in order to bring the account to a current status. This authorization type is valid until revoked in writing.
s. The Client understands and agrees that the Client is responsible for paying all collection, legal, and attorney costs associated with enforcing this agreement.
t. Use of MULTACOM Corporation services in any way constitutes acceptance of this agreement.
u. The client by using any service offered agrees to keep off-site backup copy of its software, sites, databases and required content/data and agrees MULTACOM will not be held responsible for any loss of data or data corruption for any reason.