Terms of Service & Software License

1. Parties.

The parties to this TOS Agreement are Silas Creative, LLC, a California limited liability company (“Silas Creative” or “Us” or “We” or “Our”) and any individual or business entity who uses the Products (as defined below) (“You” or “Your”).

2. Our Agreement.

This TOS Agreement consists of (i) the terms set forth herein, (ii) the most recently published Terms of Service of Hostasaurus, Inc., a copy of which is set forth in Exhibit “A”, and the most recent version of which can be found on Hostasaurus, Inc.’s web site located at www.hostasaurus.com (the “Hostasaurus TOS”), and (iii) the most recently published Miva Merchant software license, a copy of which is set forth in Exhibit “B”, and the most recent version of which can be found on Hostasaurus, Inc.’s web site located at www.hostasaurus.com (the “Miva License”). If there is any conflict between any provision of the Hostasaurus TOS or the Miva License and this TOS Agreement, the provision of this TOS Agreement will control.

3. Acceptance of Terms.

By completing Our registration process, and clicking the “I Accept” button, You (i) represent and warrant that, if You are an individual, You are at least 18 years old or, if You are a business entity, You are duly formed and validly existing and have the requisite power and authority to accept the terms of this TOS Agreement, (ii) agree to be bound by the most recent version of this TOS Agreement, which includes the most recent versions of the Hostasaurus TOS and the Miva License, and to follow any and all rules, regulations, and guidelines relating to the Hosting Service, the Software Application, and conduct of an e-commerce store, promulgated by Hostasaurus, Inc. or Miva Merchant, a division of MSB Acquisition, or under applicable law, (iii) agree that the terms of this TOS Agreement may be modified from time to time without notice to You, and that Your continued use of the Products constitutes Your agreement to the most recently posted TOS Agreement (including the most recently posted Hostasaurus TOS and Miva License located at www.hostasaurus.com), and (iv) agree to provide true, accurate, current and complete registration information, and to update such information to keep it true, accurate, current and complete. If You do not agree to this TOS Agreement, do not complete the registration process. If You do not agree to any modifications to this TOS Agreement at any time, Your only recourse is to cancel Your use of the Products in accordance with the cancelation provisions below.

4. Description of Products.

Silas Creative provides three types of e-commerce goods and services for Your use as a packaged product (each, a “Product” and, collectively, the “Products”). When You register and purchase any of the Products, You must purchase all of the Products as follows:

a. (a) Module and Web Design. Silas Creative will provide You with an e-commerce software module known as Merchant Designer Module (the “Module”) that interfaces and functions with the Miva Merchant Software Application (as defined below) and a web site design (the “Web Design”) that are proprietary to Us for Your e-commerce store. We own the copyright, or a license of the copyright, to the Module and the Web Design, and We are granting You a license to use the Module and the Web Design in this TOS Agreement.

b. (b) Web Hosting. Your e-commerce store web site, which will include the Silas Creative Module and Web Design, must be hosted by Hostasaurus, Inc., through an account activated and controlled by Silas Creative, in accordance with the specifications set forth on the web site located at www.hostasaurus.com (the “Hosting Service”). The Hosting Service is provided to You under the terms and conditions of the Hostasaurus TOS. Silas Creative will (i) register You as a user, (ii) have the power to cancel You as a user, and (iii) make payments on Your behalf to Hostasaurus, Inc. for the Hosting Service, but You are the customer of Hostasaurus, Inc., and are bound by the Hostasaurus TOS. Hostasaurus, Inc. owes its obligations to provide the Hosting Service directly to You, and You must look directly to Hostasaurus, Inc. for relief in the event Hostasaurus, Inc. breaches any of its obligations to You in providing the Hosting Service.

c. (c) E-Commerce Software. Your e-commerce store will be powered by a software application known as Miva Merchant which allows for the creation, use, maintenance and modification of electronic catalogs written for Internet use (the “Software Application”). The Software Application is proprietary to Miva Merchant, a division of MSB Acquisition. Your use of the Software Application will be governed by the Miva License, which is provided to You through Hostasaurus, Inc. When Silas Creative registers You as a user of the Hosting Service, You will be granted rights under the Miva License as a licensee. Miva Merchant, a division of MSB Acquisition, owes its obligations under the Miva License directly to You, and You must look directly to Miva Merchant, a division of MSB Acquisition, for relief in the event Miva Merchant, a division of MSB Acquisition, breaches any of its obligations to You under the Miva License.

d. 5. Use of Products.

e. (a) Bundled Package. You understand and agree that the Silas Creative Products are designed to be used together as a package, and that You are not permitted to: (i) use the Module alone without the Web Design, or use the Web Design alone without the Module, (ii) use the Module or the Web Design on any web site that is hosted by any hosting service other than Hostasaurus, Inc. through an account activated and controlled by Silas Creative, or (iii) use the Module or the Web Design in connection with any e-commerce store functionality software other than the Software Application. If You desire to use the Hosting Service or the Software Application without using the Module and Web Design together with them, You must cancel Your use of the Products and terminate this TOS Agreement in accordance with the cancelation provisions below.

f. (b) Access to the Internet. In order to use the Products, You must obtain access to the World Wide Web through devices that access web-based content, and pay any fees associated with such access. You are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment and services required for Your access to and use of the Products, and for paying all related costs and fees.

g. (c) New Features. We may provide You, from time to time and solely at Our discretion, with new features that improve, enhance, upgrade, or augment the Products. Such new features will be subject to this TOS Agreement.

h. (d) Product Changes. If You desire to make any changes to the Hosting Service You use, You must notify Us. We will, in turn, notify Hostasaurus, Inc. We may request additional information in order to verify the authenticity of any requests for Hosting Service changes.

i. 6. Licensing of Module and Web Design.

j. (a) Grant of License. Silas Creative hereby grants to You, subject to the terms and conditions of this TOS Agreement, and only during the term of this TOS Agreement, a nonexclusive, nontransferable, and nonassignable license to use the Module and the Web Design on one single computer, and one single Internet web site hosted by Hostasaurus, Inc., through an account activated and controlled by Silas Creative, in accordance with the terms of the Hostasaurus TOS, solely for the purpose of conducting an e-commerce store business, which e-commerce store is powered by the Software Application in accordance with the terms of the Miva License. Any use of the Module or the Web Design other than in connection with the Hosting Service and the Software Application is a breach of this TOS Agreement.

k. (b) Covenants Respecting License. You agree that: (i) You will not copy all or any portion of the Module or Web Design other than to make a single archival back-up copy; (ii) You will not transfer or license the use of all or any portion of the Module or Web Design to any third party; (iii) You will respect and not remove, obliterate, or cancel from view any copyright, trademark, or confidentiality notice, mark, or legend appearing on any part of the Module or the Web Design, including, without limitation, the designation “Web Site by Merchant Designer” that links back to www.merchantdesigner.com; (iv) You will not modify, disassemble, or decompile the Module, or any portion thereof, or attempt to subvert the process by which the Module is made operative in connection with the Software Application; (v) You will not create derivative works from the Module or Web Design; (vi) You understand that the Web Design is not exclusive to You, and that other clients may select and use the same or a similar Web Design in connection with their Products; and (vii) other than the license granted to You in this TOS Agreement for use of the Module and Web Design, nothing in this TOS Agreement is intended to grant or convey to You any right, title or interest in and to any trademarks, service marks, trade secrets, confidential information, or other proprietary or intellectual property belonging to Silas Creative. You agree that You will not display or use the marks “SILAS CREATIVE”, “MERCHANT DESIGNER”, and any other marks belonging to Silas Creative other than as provided in this TOS Agreement without Our advance written consent.

l. (c) Warranty. Silas Creative represents and warrants to You that the Module and the Web Design, when delivered to You, will interface and function in connection with the Software Application. THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY OFFERED BY US IN CONNECTION WITH THE MODULE AND THE WEB DESIGN. THERE ARE NO OTHER WARRANTIES RESPECTING THE MODULE OR THE WEB DESIGN, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF DESIGN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF WE HAVE BEEN INFORMED OF SUCH PURPOSE. NO AGENT OF SILAS CREATIVE IS AUTHORIZED TO ALTER OR EXCEED OUR WARRANTY OBLIGATIONS AS SET FORTH IN THIS TOS AGREEMENT. You understand and agree that Your sole remedy for Our breach of this warranty relating to the Module and the Web Design is cancelation of Your use of the Products and Your termination of this TOS Agreement in accordance with the cancelation provisions below.

m. 7. Registration Obligations.

n. (a) Your Obligations. When You register with Silas Creative to purchase the Products, You agree that (i) You will provide true, accurate, current and complete information about Yourself as prompted by Our registration form, (ii) You will maintain and promptly update such information if it changes in order to keep it true, accurate, current and complete, and (iii) You are not currently under the employ, contract or control, or do not otherwise represent the interests of, any individual or entity who offers competing or similar services to Hostasaurus, Inc. including, but not limited to, the hosting of web sites, shopping carts and mailing lists. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to cancel Your use of the Products and refuse any and all current or future use of the Products.

o. (b) Our Obligations. When You register with Silas Creative to purchase the Products, We will register You with Hostasaurus, Inc. as a user of the Hosting Service and the Software Application. You understand and agree that when We register You with Hostasaurus, Inc., We will rely on and use the information You provide Us when You register with Us, and that when You need to change that information, You must notify Us and We will make the required changes with Hostasaurus, Inc. We may request additional information in order to verify the authenticity of any changes to Your registration information.

p. 8. Account Payment.

You agree to pay Silas Creative all fees and charges applicable to the Products You purchase and use, including, without limitation, set-up fees, recurring usage charges, late fees, returned check fees, and service and processing fees, whether charged by Us, Hostasaurus, Inc., or Miva Merchant, a division of MSB Acquisition, as provided in this TOS Agreement. You will also be responsible for paying to the applicable third parties all federal, state or local sales, use, excise, gross receipts, transfer, transaction, property, or other types of taxes imposed on or with respect to Your use of the Products. You agree that Silas Creative may automatically bill Your credit card for set-up fees, recurring charges, and other fees and charges for Your use of the Products. Your recurring charge billing period (Your “Billing Period”) is a minimum of one month. Set-up fees and the first recurring charge are billed upon registration. Recurring charges are billed at the beginning of the Billing Period, for a minimum of one month, and permit You to use the Products for the next Billing Period. As long as You comply with this TOS Agreement, and pay Us in a timely manner, Silas Creative will pay Hostasaurus, Inc. in a timely manner for the Hosting Service and the Software Application on Your behalf. Silas Creative will continue billing You for the Products, and Silas Creative will continue to pay Hostasaurus, Inc. on Your behalf for the Hosting Service and the Software Application, unless Your use of the Products is canceled in accordance with this TOS Agreement. Any outstanding balances on Your account must be cleared before the account is closed. We may, at Our discretion and in lieu of immediate cancelation of Your use of the Products, suspend Your use of the Products within seven days of a declined charge or past-due check payment. Returned checks carry a $25.00 fee. If Your credit card is declined for two successive months, or declined more than twice in any given month, You will be charged a $10.00 processing fee. You may choose to pay quarterly, semi-annually or annually to receive a discount. You may switch between monthly and the other Billing Period options at any time. If You switch Your payment frequency in a way that requires a credit back to a credit card, You may be assessed an amount not to exceed 4% of the invoice in question for processing of such a change. You may submit new billing information to Us at any time through the following URL: https://www.merchantdesigner.com/creditcard.htm.

q. 9. Term and Termination.

(a) Term. The term of this TOS Agreement will commence on the date that You click the “I Accept” button, or on the first date You begin using the Products, whichever comes first. This TOS Agreement will remain in effect until terminated, and Your use of the Products is canceled, by You or by Us, in accordance with this section of the TOS Agreement.

(b) Termination By You. You may cancel Your use of the Products and terminate this TOS Agreement at any time, for any reason whatsoever, by giving Silas Creative ten days advance written notice at the following e-mail address: info@merchantdesigner.com. Your lack of use of the Products for any period of time will not constitute cancelation of Your use of the Products or termination of this TOS Agreement. When We receive Your notice of cancelation, We will also cancel You as a user of the Hosting Service and the Software Application through Hostasaurus, Inc., and terminate the Hostasaurus TOS and the Miva License on Your behalf. You understand and agree that Silas Creative has the sole right to notify Hostasaurus, Inc. of Your cancelation of use of the Hosting Service and Software Application, and to terminate the Hostasaurus TOS and the Miva License, on Your behalf, and that You may not do so other than through Your notice of cancelation to Us. If We receive Your notice of cancelation at least ten days prior to the beginning of Your next Billing Period, Your credit card will not be charged for that Billing Period. If, however, We receive Your notice of cancelation at any time within the ten-day period prior to the beginning of Your next Billing Period, Your credit card will be charged for that Billing Period.

(c) Termination By Us. You agree that Silas Creative may, in Our sole discretion, cancel Your use of the Products and terminate this TOS Agreement, with or without notice to You, for any reason, including, without limitation, failure to make timely payments to Us, Your breach of any other term or provision of this TOS Agreement, including the Hostasaurus TOS and the Miva License, or if Hostasaurus, Inc. terminates Your use of the Hosting Service or the Software Application. You also agree that Silas Creative may also, in Our sole discretion and at any time, discontinue providing You with use of the Products with or without notice to You, which discontinuation will constitute a cancelation under this TOS Agreement.

(d) Refunds. If Your use of the Products is canceled for any reason, whether by You or by Us, You may be subject to any early termination charge that is imposed by Hostasaurus, Inc. The recurring charge for the Billing Period in which cancelation occurs will normally not be pro-rated for any partial Billing Period use. All charges billed by Silas Creative are normally non-refundable. Hostasaurus, Inc. may, however, refund a portion of Our pre-payment for quarterly, semi-annual or annual Billing Periods, minus any discount that was provided for the pre-payment. We will credit Your account for refunds provided to Us from Hostasaurus, Inc. in connection with Your account.

(e) Obligations on Termination. When Your use of the Products is canceled for any reason, the license granted in this TOS Agreement to use the Module and Web Design are terminated, and Your account with Hostasaurus, Inc. will be terminated, including Your right to use the Hosting Service and the Software Application. Both Silas Creative and Hostasaurus, Inc. will remove and discard any content within the Hosting Service, deactivate or delete Your password or account and all related information and files in Your account, and/or bar any further access to such files. You agree to remove the originals and all copies of the Module, Web Design, and Software Application from all computers and drives, and cease all use of the same. Upon Our request, You agree to return to Us all hard copies of the Module, Web Design, and Software Application. You agree that monetary damages alone may not be an adequate remedy for Us for Your breach of this paragraph, and that We may seek injunctive relief against You for such breach.

(f) No Liability. You agree that Silas Creative will not be liable to You or any third-party for any discontinuance, suspension, or cancelation of Your use of the Products or termination of this TOS Agreement, including the Hostasaurus TOS or the Miva License, for any reason whatsoever. You understand and agree that if the Hosting Service or the Software Application is not satisfactory to You in any way, that Your remedy vis-à-vis Silas Creative is solely cancelation of Your use of the Products and termination of this TOS Agreement; any other claim must be pursued directly against Hostasaurus, Inc. or Miva Merchant, a division of MSB Acquisition.

10. Privacy Policy.

When You register to purchase the Products, Silas Creative collects contact and payment information from You. Contact information includes, among other things, Your name, address, telephone number, and other personal identification information. Payment information includes, among other things, Your credit card number and billing address. During the term of this TOS Agreement, We also collect information about Your choice of Products and account status, and We will manage and store all of this information, including various communications from You and to You. Silas Creative uses Your contact information to register You as a user of the Hosting Service and the Software Application, and to otherwise provide You with use of the Products and to service Your account. We use Your billing information only for billing purposes. We use all other information collected from You exclusively to provide You with use of the Products and to service Your account. Except as otherwise provided in the next sentence, Silas Creative does not and will not share any information We collect from You with any third party for any purpose and, if We need to do this for any reason, We will contact You and get Your permission before We do it. Silas Creative will, however, share the information You provide to Us with Hostasaurus, Inc. (who may share such information with Miva Merchant, a division of MSB Acquisition), for purposes of providing You with use of the Products, and may share the information You provide to Us with third parties if We believe that it is necessary to enforce any term of this TOS Agreement, to identify, contact or bring any action against a third party to enforce or defend Our intellectual property or other proprietary rights, or if We believe it is required by law. You may opt out of receiving newsletters or notices of new or upgraded products from Us or from Hostasaurus, Inc. by sending Us a request at: info@merchantdesigner.com, or by contacting Hostasaurus, Inc. directly. Silas Creative reserves the right, however, to send You notices and other important information about the Products or Our services in Our sole discretion.

11. Password and Account Designation.

You will receive a password and account designation upon completing Our registration process. You are responsible for maintaining the confidentiality of the password and account designation, and are fully responsible for all activities that occur under Your password or account designation, including those performed by any third party granted access to the Products by You. You agree to (i) immediately notify Us of any unauthorized use of Your password or account designation, or any other breach of security affecting the Products, and (ii) ensure that You exit from Your e-commerce web site at the end of each session.

12. International Use.

In connection with Your use of the Products, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, including, without limitation, the United States Export Administration Regulations.

13. Limitation of Liability; Indemnification.

(a) Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK; (ii) THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (iii) OTHER THAN THE LIMITED WARRANTY SET FORTH IN THIS TOS AGREEMENT RELATING TO THE MODULE AND THE WEB DESIGN, SILAS CREATIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (iv) WE MAKE NO WARRANTY THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS WILL BE ACCURATE OR RELIABLE, AND (D) ANY ERRORS IN ANY SOFTWARE COMPRISING THE PRODUCTS WILL BE CORRECTED.

(b) Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SILAS CREATIVE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER BREACH OF SECURITY; (iv) INACCURATE REGISTRATION INFORMATION; (v) POSTING OF ANY CONTENT ON OR IN CONNECTION WITH THE HOSTING SERVICE; (vi) YOUR BREACH OF THE HOSTASAURUS TOS OR THE MIVA LICENSE, OR OF THIS TOS AGREEMENT; (vii) OUR OR HOSTASAURUS, INC.’S OR MIVA MERCHANT, A DIVISION OF MSB ACQUISITION’S, MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE PRODUCTS; (viii) ANY ADDITIONAL MIVA MERCHANT OR OTHER MODULES YOU INSTALL, OR CUSTOM PROGRAMMING THAT YOU ADD, THAT DAMAGES YOUR WEB SITE OR ITS FUNCTIONALITY; OR (ix) ANY OTHER MATTER RELATING TO THE PRODUCTS.

(c) Indemnification. You agree to defend, indemnify, and hold harmless Silas Creative and its subsidiaries, affiliates, employees, agents, representatives, heirs, and assigns from and against any claim, demand, action, loss, damage, or investigation arising out of or related to (i) Your use of the Products, (ii) Your breach of this TOS Agreement, including the Hostasaurus TOS and the Miva License, (iii) Your violation or asserted violation of the law, (iv) Your infringement or asserted infringement of the rights of third parties, or (v) Your web site or e-commerce store or business.

14. Miscellaneous.

This TOS Agreement constitutes the entire agreement between You and Silas Creative regarding the Products, and supersedes any prior agreements between You and Us. This TOS Agreement is governed by the laws of the State of California without regard to its conflict of law provisions. You and Silas Creative agree to submit to the personal and exclusive jurisdiction of the courts located within Sacramento County, California. In any dispute arising out of or relating to this Agreement, the prevailing party will be entitled to reimbursement of its reasonable attorneys’ fees. If You fail to pay any fees or charges due under this TOS Agreement, We may assign these amounts to a collection agency for appropriate action and You agree to reimburse Us for any and all reasonable costs of collection amounts due from You. Our failure to exercise or enforce any right or provision of this TOS Agreement will not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, You and We agree that the court should endeavor to give effect to Your and Our intentions as reflected in the provision, and the other provisions of this TOS Agreement will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Products or to this TOS Agreement must be filed within one year after such claim or cause of action arose or it will be forever barred. The section titles in this TOS Agreement are for convenience only and have no legal or contractual effect. All notices required under this TOS Agreement will be give as follows: (i) from You to Us at: info@merchantdesigner.com; and (ii) from Us to You at the e-mail address You provide to us in Your registration information.

1. ACCEPTANCE OF TERMS
   Hostasaurus, Inc. provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.hostasaurus.com/tos.php. In addition, when using particular Hostasaurus, Inc. services, you and Hostasaurus, Inc. shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Third parties ordering on behalf of a Customer agree to make the Customer aware of these terms and that their use of the Service is bound by this agreement.
   
   
2. DESCRIPTION OF SERVICE
   You understand and agree that the Service is provided "AS-IS" and that Hostasaurus, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
   
   In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Hostasaurus, Inc. may host certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas or of the legal age as set by your local jurisdiction, which ever age is greater.
   
   Hostasaurus typically performs maintenance to the equipment and software responsible for our Services on Sunday mornings between 4:00 AM EST and 7:00 AM EST, when necessary. All reasonable efforts are made to require no interruption in Service while maintenance is performed. If scheduled maintenance is expected to impact site or email availability, affected users will be notified at least 48 hours in advance.
   
   
3. YOUR REGISTRATION OBLIGATIONS
   In consideration of your use of the Service, you certify that: (a) you will provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"), (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete, (c) you are not currently under the employ, contract or control, or otherwise represent the interests of, an entity who offers competing or similar services to Hostasaurus, including, but not limited to, the hosting of websites, shopping carts and mailing lists. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hostasaurus, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hostasaurus, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Hostasaurus, Inc. maintains the right to seek legal remedy against those who knowingly misrepresent themselves in violation these aforementioned requirements.
   
   
4. HOSTASAURUS, INC. PRIVACY POLICY
   Hostasaurus, Inc. does not resell or use your Registration Data for marketing purposes. All credit card information is encrypted with strong SSL and all methods to retreive your order information are encrypted. Hostasaurus may contact the account contact for notices regarding service changes or activites effecting the account.
   
   Hostasaurus, Inc may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation or governmental request. Hostasaurus, Inc assumes no obligation to inform you that such information has been provided and, in some cases, may be prohibited by law from providing you with notice.
   Additional privacy polices are discussed here: Privacy Policy.
   
   
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
   You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account including those performed by any third party granted access to the Service by you. You agree to (a) immediately notify Hostasaurus, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Hostasaurus, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
   
   
6. MEMBER CONDUCT
   You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Hostasaurus, Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Hostasaurus, Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Hostasaurus, Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
   
   You agree to not use the Service to:
   
   1. upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, harassing, tortious or libelous;
   2. harm minors in any way;
   3. impersonate any person or entity, including, but not limited to, a Hostasaurus, Inc. official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
   5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
   7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, multi-level marketing, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; the first proven instance of this activity will result in a warning with the second resulting in account termination and forfeiture of any remaining credit with Hostasaurus, Inc. See the paragraph following this list for additional caveats to this rule.
   8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   9. upload, post, install or otherwise make available any software, web page, cgi-script or other type of material that does any type of listening or request servicing on the Hostasaurus, Inc. servers. This includes, but is not limited to, chat room software daemons, any other type of server or daemon, or anything that does more than just service the current request and then exit. This requirement does not apply to dedicated server customers.
   10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; this includes behavior suggesting such activities are being actively planned.
   11. send mass/bulk mailings through the Hostasaurus outgoing POP/IMAP/Webmail mail servers even if lists are double opt-in and fully verified. You may utilize your own mailing software on your shared web space or dedicated server for these mailings. This restriction does not apply to Hostasaurus List Hosting plans. We enforce this rule to be sure a large mailing does not deny service to customers' e-mail accounts;
   12. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law. A violation of law, by nature, is considered to have occurred when a court of law rules to that effect.
   13. "stalk" or otherwise harass another; or
   14. collect or store data about other users of the Service.
   
   You acknowledge that you will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose or to consumers that have been verified to have opted-in to receiving your message whose purpose is promoting your Content, promoting third party revenue/referral-generating content, and/or services served by the Hostasaurus, Inc Service. All commercial non-transactional mailings must include a working, automated opt-out mechanism and opt-out requests will be honored within ten business days. All other additional CAN-SPAM regulations must be met for mailings. The first proven instance of a violation will result in a warning with the second resulting in account termination and forfeiture of any remaining credit with Hostasaurus, Inc. Hostasaurus, Inc. reserves the right to impose an administrative fee for the investigation of excessive abuse complaints to ensure complaints with these Terms of Service. Investigations will require that you produce documentation of how a complainant has "opted-in" to receive your message and on what date. All mailing lists must have "bad" (i.e., "bounced") member addresses purged regularly.
   
   You acknowledge that Hostasaurus, Inc. does not pre-screen Content, but that Hostasaurus, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is made available via the Service. If your use of the Service is in a 'shared' environment, meaning you are receiving Service on hardware that other customers are also using, and your use of the Service is determined to be consuming an abnormally large amount of resources, Hostasaurus, Inc. may require that your service be reprovisioned on 'dedicated' hardware specific to your account. Hostasaurus, Inc. takes no responsibility for any material created or accessible through the Service. Without limiting the foregoing, Hostasaurus, Inc. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Hostasaurus, Inc. or submitted to Hostasaurus, Inc., including without limitation information in Hostasaurus, Inc. Message Boards, and in all other parts of the Service.
   
   You acknowledge and agree that Hostasaurus, Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Hostasaurus, Inc., its users and the public.
   
   You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
   
   
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
   Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
   
   
8. PUBLIC CONTENT POSTED TO HOSTASAURUS, INC.
   (a) For purposes of the TOS, "publicly accessible areas of the Service" are those areas of the Hostasaurus, Inc. network of properties accessible by the general public. By way of example, a publicly accessible area of the Service would include public Hostasaurus, Inc. corporate content and Hostasaurus, Inc. Message Boards, but would NOT include private Hostasaurus, Inc. communication services such as Hostasaurus, Inc. mail, shared or dedicated hosting accounts, or areas off of the Hostasaurus, Inc. network of properties such as portions of World Wide Web sites that are not hosted or served by Hostasaurus, Inc.
   
   (b) With respect to Content you elect to post for inclusion in publicly accessible areas of Hostasaurus, Inc. websites, including photos or other graphics, you grant Hostasaurus, Inc. the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting Hostasaurus, Inc. This license exists only for as long as you elect to continue to include such Content on the Hostasaurus, Inc. site in question and shall be terminated at the time you delete such Content.
   
   
9. INDEMNITY
   You agree to indemnify and hold Hostasaurus, Inc. and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
   
   
10. GENERAL PRACTICES REGARDING USE AND STORAGE
    You acknowledge that Hostasaurus, Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, log files, Hostasaurus.Com message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Hostasaurus, Inc. servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Hostasaurus, Inc. has no responsibility or liability for the deletion, failure to store or failure to receive any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Hostasaurus, Inc. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Hostasaurus, Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
    You agree that if your account at any time exceeds monthly storage allotments, Hostasaurus, Inc. may charge your account a $5.00 service fee and up to $3.50 for each 100 MB of extra disk space consumed. Monthly transfer overage will be charged $2.50 per GB of overage. Lower rates may be negotiated. Please also see the following section regarding modification to the Service should you exceed your storage or traffic allotment for two consecutive months.
    
    
11. MODIFICATIONS TO SERVICE
    Hostasaurus, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Hostasaurus, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
    
    Hostasaurus, Inc. reserves the right to deny access to the Service in its entirety for accounts in a past-due payment status; this includes the Service itself and any associated support.
    
    Hostasaurus, Inc. reserves the right to alter your hosting plan specifications and billing to include the necessary monthly traffic and/or disk space allotments to meet your usage if your resource usage exceeds your plan for two consecutive calendar months. An increase in plan will always result in a lower amount billed than continuing to exceed your plan specifications.
    
    
12. TERMINATION
    You agree that Hostasaurus, Inc. in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Hostasaurus, Inc. believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Hostasaurus, Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Hostasaurus, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Hostasaurus, Inc. shall not be liable to you or any third-party for any termination of your access to the Service. These clauses will supplant the agreement outlined in the Hostasaurus, Inc. Contract.
    
    Customers may request the termination of the Service provided to them at any time. Customers under contract may be subject to an early termination charge if provided by the contract. Services from Hostasaurus are normally billed in advance and are non-refundable except in the case of quarterly, semi-annual or annual payments where a pro-rated portion of the pre-payment will be refunded minus any discount that had been provided for the pre-payment.
    Customers who accumulate multiple past-due invoices will have access to the Service, and the Service itself, terminated. Exceptions to this rule may only be granted by corporate officers of Hostasaurus, Inc. on a case-by-case basis.
    HOSTASAURUS WILL NOT INTERVENE OR BECOME INVOLVED IN ANY DISPUTES BETWEEN YOU AND A THIRD PARTY. HOSTASAURUS RESERVES THE RIGHT, IN ITS SOLE AND EXCLUSIVE DISCRETION, TO SUSPEND OR TERMINATE SERVICES UPON ITS RECEIPT OF ANY THIRD PARTY COMPLAINT THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THESE TERMS OF SERVICE, RECEIPT OF ANY COMMUNICATION FROM YOU OR A THIRD PARTY THAT MAY OTHERWISE SUBJECT HOSTASAURUS TO LIABILITY FOR ANY REASON, OR RECEIPT OF ANY COMMUNICATION FROM YOU OR A THIRD PARTY THAT MAY CAUSE HOSTASAURUS TO INCUR LEGAL FEES OR OTHER EXPENSES.
    
    
13. DEALINGS WITH ADVERTISERS
    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Hostasaurus, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
    
    
14. LINKS
    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Hostasaurus, Inc. has no control over such sites and resources, you acknowledge and agree that Hostasaurus, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Hostasaurus, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
    
    
15. HOSTASAURUS, INC.'S PROPRIETARY RIGHTS
    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Hostasaurus, Inc. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
    
    Hostasaurus, Inc. grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Hostasaurus, Inc. for use in accessing the Service.
    
    
16. DISCLAIMER OF WARRANTIES
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    
    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOSTASAURUS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. HOSTASAURUS, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOSTASAURUS, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
    
    
17. LIMITATION OF LIABILITY
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOSTASAURUS, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOSTASAURUS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
    
    
18. EXCLUSIONS AND LIMITATIONS
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
    
    
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
    If you intend to create or join any service, receive or request any news, messages, alerts or other information from concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. Hostasaurus, Inc. shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
    
    
20. NOTICE
    Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
    
    
21. TRADEMARK INFORMATION
    The Hostasaurus, Inc. logo, name, marks, and other product and service names are trademarks of Hostasaurus, Inc. (the "Hostasaurus, Inc. Marks"). Without Hostasaurus, Inc.'s prior permission, you agree not to display or use in any manner, the Hostasaurus, Inc. Marks.
    
    
22. COPYRIGHTS and COPYRIGHT AGENTS or INTELLECTUAL PROPERTY
    Hostasaurus, Inc. is registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act ("DMCA").
    
    Infringement Notification
    Hostasaurus, Inc. respects the intellectual property ("IP")of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or infringement of other intellectual property, please provide Hostasaurus, Inc.'s Copyright Agent the following information by mail or fax:
    1. a physical signature of the person authorized to act on behalf of the owner of the copyright interest;
       
    2. a description of the work that you claim has been infringed;
       
    3. a description and URL of where the material that you claim is infringing is located on the site; this must be an exact URL or URL's to the material described above and not the base site URL;
       
    4. your address, telephone number, and email address;
       
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or IP owner, its agent, or the law;
       
    6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or IP owner or authorized to act on the copyright or IP owner's behalf.
    
    Hostasaurus, Inc. Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
    
    Hostasaurus, Inc. Copyright Agent
    3250 Parkside Center
    Tampa, FL 33619
    Tel: 813-217-4570
    Fax: 813-217-4574
    
    For DMCA questions ONLY, email copyright@hostasaurus.com.
    DMCA claims must be sent by mail or fax, not email.
    
    Counter Notification The administrator of an affected site may make a counter notification under the Digital Millenium Copyright Act (DMCA) Section 512(g)(2) and (3). To file a counter notification, you must submit to the Hostasaurus, Inc Copyright Agent the following information by mail or fax:
    1. your address, telephone number, and email address;
    2. Identification of the material and its location (URL) before removal;
    3. a statement by you, made under penalty of perjury, that the material was removed by mistake or misidentification;
    4. statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Hillsborough County, Florida if your address is outside of the United States), and that you will accept service of process or subpoena from the person who provided notification of infringement or an agent of such person.
    
    Under the DMCA Section 512(f), any person who knowingly misrepresents that material is infringing, or that it was removed/blocked by mistake, is liable for any resulting damages (including attorneys' fees) incurred by the alleged infringer, the copyright owner/licensee, and Hostasaurus, Inc.
    
    
23. GENERAL INFORMATION
    The TOS constitute the entire agreement between you and Hostasaurus, Inc. and govern your use of the Service, superceding any prior agreements between you and Hostasaurus, Inc. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Hostasaurus, Inc. shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Hostasaurus, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hillsborough, Florida. The failure of Hostasaurus, Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    
    The section titles in the TOS are for convenience only and have no legal or contractual effect.
    
    
24. INSURANCE
    For customers utilizing colocation or similar aspects of the Service where equipment not owned by Hostasaurus is used in conjunction with the Service, the Customer shall, at its sole cost and expense, procure, maintain, pay for and keep in force at all times throughout the term that the Customer receives Hostasaurus Service, the insurance coverage as specified below:
    • Comprehensive general liability coverage on an occurrence basis in an amount of $1 million (USD) combined single limit for bodily injury and property damage. Said coverage shall include contractual, owners and contractors protective, products/completed operations, occurrence property damage, personal injury and contingent employer's liability endorsements, a cross liability clause, shall name Hostasaurus, Inc. as an additional insured and contain a severability of interests clause;
    • All risk property coverage on a full replacement cost basis insuring all of the Customer's real and personal property situated on or within Hostasaurus owned, operated and/or utilized premises with the Customer and Hostasaurus, Inc. shown as loss payee to the extent of their respective interests. The policy shall contain a waiver by the Customer's insurers of any right of subrogation such insurer may or might have against Hostasaurus, Inc..
    
    
25. VIOLATIONS
    Please report any violations of the TOS, particularly unsolicited commercial email (UCE) violations, to abuse@hostasaurus.com. For DMCA/copright claims click here.
    
    

Miva Merchant v5.x Domain License (Bundle Only Version)
Last updated: September 6th, 2007

BY DOWNLOADING AND/OR IMPLEMENTING THIS SOFTWARE YOU AGREE TO THE FOLLOWING LICENSE:

Definitions: (i) "You" and "LICENSEE" refers to the person, entity or organization which is using the software known as "Miva Merchant", and any successor or assignee of same.

(ii) "Miva Script" refers to a proprietary server side scripting language software implemented in a variety of Miva Merchant, a division of Miva Merchant products and developed and distributed by Miva Merchant, a division of MSB Acquisition, a California, USA Corporation.

(iii) "Miva Merchant" (hereinafter "MERCHANT") is the application which accompanies this License, and which allows for the creation, use, maintenance and modification of electronic catalogs written for commercial and non-commercial internet use, which requires the use of Miva Script.

(iv) "Internet Domain" is a symbolic name assigned by a valid Internet Naming Authority such as the service managed by Network Solutions.

(v) "Storefront" is a collection of products, also referred to as a "Store" and a "Catalog" in the MERCHANT software.

(vi) "Original Source Code Works" is a collection of source codes developed by LICENSEE without using the source codes provided with MERCHANT.

(vii) "API" is a collection of functions written in Miva Script that interface with the MERCHANT system.

(iix) "Bundle Version" refers to the version of MERCHANT which may only be distributed with another product or service.

(ix) "Authorized Web Space Provider" is a provider of Internet services who is licensed by Miva Merchant, a division of MSB Acquisition to provide Bundle Version copies of MERCHANT to it's customers and who is the provider of web hosting services to LICENSEE.

1. This license is for the downloading, acquisition and use of MERCHANT. By downloading, acquiring and using MERCHANT, YOU expressly agree to abide by this License.

2. This license is between LICENSEE and Miva Merchant, a division of MSB Acquisition LICENSEE acknowledges that Miva Merchant, a division of MSB Acquisition is and has granted this license in reliance upon representations made by LICENSEE and LICENSEE warranties the truthfulness and accuracy of such representations. Any breach of this warranty of truthfulness and accuracy shall constitute a breach of this License. Miva Merchant, a division of MSB Acquisition has the sole and unqualified right to refuse to license any person or entity for any reason, except for reasons which are specifically prohibited by state and national laws and statutes.

3. LICENSEE is granted a non-exclusive license to use MERCHANT in conjunction with one Internet Domain and one Storefront. License to use MERCHANT with more than one Storefront or with more than one domain must be separately purchased from Miva Merchant, a division of MSB Acquisition and is specifically not granted in this License. This is a Bundle Version of MERCHANT and may only be used in conjunction with the Internet account initially provided by the Authorized Web Space Provider who originally provided the copy of Miva Merchant.

4. LICENSEE agrees to validate that the computer system running MERCHANT is using a licensed version of Miva Script.

5. MERCHANT contains valuable proprietary rights of Miva Merchant, a division of MSB Acquisition. There is no transfer to LICENSEE of any title to or ownership of MERCHANT or any copyright, trade name, trade secret, source code, or other proprietary rights relating to MERCHANT, regardless of the form that MERCHANT exists in. LICENSEE may not violate these rights, and LICENSEE must take all appropriate steps to protect Miva Merchant, a division of MSB Acquisition's rights. Miva Merchant, a division of MSB Acquisition may at any time replace, modify, alter, improve, enhance, or change MERCHANT without prior notice.

6. LICENSEE may not modify any MERCHANT source or object codes.

7. LICENSEE may create and license to other entities Original Source Code Works that interface with MERCHANT using the MERCHANT API as that API is defined by Miva Merchant, a division of MSB Acquisition in the documentation available from Miva Merchant, a division of MSB Acquisition's website.

8. LICENSEE understands and agrees that by agreeing to this License, You are "opting in" to a mailing list. Miva Merchant, a division of MSB Acquisition will use information supplied by You to contact You with marketing and technical information in a variety of ways including, but not limited to, electronic mail, postal mail, telephone and fax. If You do not wish to receive marketing and/or technical information from Miva Merchant, a division of MSB Acquisition, you may use systems provided by Miva Merchant, a division of MSB Acquisition to "opt out" of the mailing list.

9. Any license, right, or permission to use MERCHANT is automatically revoked if LICENSEE breaches any term or condition of this License. LICENSEE agrees that in the event of a breach of this License, and upon the demand thereof by Miva Merchant, a division of MSB Acquisition, LICENSEE will immediately return any physical copies of MERCHANT to Miva Merchant, a division of MSB Acquisition, will cease any further use of MERCHANT, will remove the original and any copies of MERCHANT from his/her/its computers and drives, will cease his/her/its use of MERCHANT, and will cease any claimed breach of this License. LICENSEE agrees that monetary damages alone is not an adequate and just relief resulting from any breach of this License, that a court order prohibiting any further breach of this License is necessary to prevent further damages, and that LICENSEE will not oppose any reasonable request for a temporary restraining order, preliminary injunction, or other relief sought by Miva Merchant, a division of MSB Acquisition in the event of a breach of this License. Miva Merchant, a division of MSB Acquisition shall not be required to notify LICENSEE of any breach, nor make any demand or claim against LICENSEE resulting from any such breach, or for a demand to stop any use or distribution in violation of the terms of this License, and LICENSEE agrees that any breach of this License and damages resulting therefrom shall relate back to the first and earliest breach thereof. Failure of Miva Merchant, a division of MSB Acquisition to enforce its rights pursuant to this License shall not constitute a waiver of such rights, and shall not prejudice Miva Merchant, a division of MSB Acquisition in any later enforcement of its rights or rights to seek damages therefrom.

10. MIVA MERCHANT WILL NOT BE LIABLE FOR (A) ANY BUG, ERROR, OMMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN MERCHANT; (B) IMPLIED MERCHANTIBILITY OF FITNESS FOR A PARTICULAR PURPOSE; (C) IMPLIED WARRANTY RELATING TO COURSE OF DEALING, OR USAGE OF TRADE OR ANY OTHER IMPLIED WARRANTY WHATSOEVER; (D) CLAIM OF INFRINGEMENT; (E) CLAIM IN TORT, WHETHER OR NOT ARISING IN WHOLE OR PART FROM MIVA MERCHANT'S FAULT, NEGLIGENCE, STRICT LIABILITY, OR PRODUCT LIABILITY, OR (F) CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF DATA, REVENUE, LICENSEES GOODWILL, OR USE. IN NO CASE SHALL MIVA MERCHANT'S LIABILITY EXCEED THE PRICE THAT LICENSEE PAID FOR MERCHANT.

11. This License is granted, MERCHANT was developed, technical support is being provided in, and LICENSEE is downloading this copy of MERCHANT via miscellaneous resellers, distributors, gateways and servers, and is paying for the use of MERCHANT, in and from the County of San Diego, State of California, and the parties agree that this License is to be performed in the County of San Diego, California.

12. This License Agreement shall be governed by the laws of the State of California, USA. If any provision of this License is found void, invalid, or unenforceable, it will not affect the validity of the balance of this License, which shall remain valid and enforceable according to its terms. In the event any party is required to seek judicial enforcement regarding any terms of this License, or to seek a judicial interpretation regarding any terms of this License, the party deemed by the court to be the prevailing party shall be entitled to, in addition to its costs and damages, reasonable attorney's fees and costs as determined by the court.

13. LICENSEE acknowledges that MERCHANT may be subject to United States export controls, pursuant to the Export Administrations Regulations, 15 C.F.R. Parts 768-799. LICENSEE shall comply strictly with all requirements of the Export Administration Regulations regarding use of MERCHANT.

14. This License Agreement constitutes the entire and sole agreement between LICENSEE and Miva Merchant, a division of MSB Acquisition, and is agreed to and entered into on the date You download or implement MERCHANT, whichever date is earlier.