Terms of service
The terms and conditions set forth
herein constitute the full and complete agreement between you and Megatel, Ltd.
(doing business as and hereinafter referred to as “Pairone”) Your agreement to
be bound by these terms is acknowledged by your use of the Pairone Web Site,
Hosting Services, Support Services and/or any Pairone software made available to
you. The terms contained herein supercede and replace any other agreement or
negotiation between you and Pairone whether oral, written or otherwise including
any statements made by any representative of Pairone at any time.
1 FEES; PAYMENT OF FEES
1.1 Fees - Pairone charges the following fees where applicable. All such fees
are subject to change with 30 days notice.
1.1.1 Account Set-Up Fee
1.1.2 Service Fee
1.1.3 Domain Registration Fee
1.2 Pairone reserves the right to offer subsequent promotional rates which may
or may not be more favorable than the terms under which you entered this
agreement. Any such periodic special rates shall not effect the then existing
rights and responsibilities of each party. Pairone also reserves the right to
change the rate charged for any such fee under this agreement with 30 days
notice.
1.3 Pairone charges a non-refundable set up fee as well as it’s periodic service
fee which in some cases may be refundable as further set forth elsewhere herein.
According to the services you order from Pairone, Pairone may also charge you
for Domain Registration Fees and specifically reserves the right to institute
additional charges upon notice to you. Pairone also reserves the right to alter,
change, amend or delete charges at it’s sole option. Pairone further reserves
the right to institute new services and charge fees in association with the
provision of such new services as it deems appropriate.
1.4 Payment of Fees - Pairone accepts payment by Credit Card (American Express,
Visa, MasterCard, Discover) and by personal check, cashiers check or money
order.
1.5 Payment by Credit Card
1.5.1 Prior to activation of your user account and at any applicable time
thereafter you agree to allow Pairone to charge your provided credit card and at
stated regular intervals the agreed service fee amount for the stated period
together with any Pairone set-up charges, registration fees, or any other
charges outlined herein as may be applicable. You further authorize Pairone to
charge your credit card for all subsequent period fees at, or a reasonable
period in advance of, the commencement of any such subsequent period. You agree
to maintain current valid existing credit card information with Pairone for the
purpose of satisfying the Pairone charges as they become due. Refusal or
rejection of any such charge or any portion thereof is grounds for account
suspension and/or termination at the sole option of Pairone under Paragraph 8
herein.
1.6 Payment by Check
1.6.1 Prior to activation of your user account you agree to submit a check
payable in U.S. dollars against a bank located within the United States. Pairone
is under no obligation to initiate service until the proceeds of such check have
been cleared by such financial institution and have been received by Pairone.
Invoices will be submitted to you as a courtesy only. Payment for subsequent
fees are due and payable immediately upon invoice and in no instance later than
the expiration of the last day of the previous period without regard to any
invoice. It is your responsibility when paying by check to make sure that your
payment is received by Pairone. An administrative fee of $25.00 will be charged
for the refusal, rejection or return of any such check for any reason whatsoever
or any portion thereof. In addition, refusal, rejection or return of any such
check for any reason whatsoever or any portion thereof is grounds for account
suspension and/or termination at the sole option of Pairone under Paragraph 8
herein.
1.6.2 It is recommended that in order to avoid any service interruption that you
submit your payment to Pairone a sufficient time before the expiration of the
current service period so that it reaches Pairone in advance of the renewal
date.
1.7 Refunds of Service fees will be made only for pre-payment of Service fees
beyond the renewal date following the effective notice and termination of this
agreement under paragraph 8.1. All refunds shall be pro-rated based upon the
number of days for which service remains unused as of that renewal date. Pairone
may grant refunds under any other circumstance it deems appropriate without
waiving any other rights hereunder.
2 WEB HOSTING SERVICES
For the term of the agreement as set forth herein Pairone agrees to provide web
hosting services according the plan selected by you upon activation of your
account. Pairone reserves the right to change, amend and/or otherwise alter the
services provided with equivalent or otherwise equal services without prior
notice to you.
3 DOMAIN REGISTRATION SERVICES
At Customer’s request, Pairone may also acquire a Second-Level Domain Name
(“Domain Name”), on behalf of Customer. Pairone will not own or otherwise
control any domain name registered on your behalf under this paragraph. Pairone
provides this service as a convenience to you only and you hereby waive any and
all claims which you may have, or which may later arise, against Pairone for any
and all damages, losses, claims or expenses arising our or related to the
acquisition, registration and/or use of the Domain Name. Any costs incurred by
Pairone to obtain and/or maintain the Domain Name on your behalf shall be
charged to you by Pairone under the provision therefore elsewhere herein.
4 ACCEPTABLE USE
Pairone strictly enforces compliance with its acceptable use terms under this
paragraph (4) four. You agree to maintain your website in full compliance with
the terms set forth below. Failure to so comply is cause for immediate
suspension and possible termination under paragraph (8) herein.
4.1 You agree that you will not violate the laws, regulations, ordinances or
other such requirements of any applicable Federal, State or local government.
4.2 You agree not to cause any harm to minors of any kind or to perform any
activity which is likely to cause such harm.
4.3 You agree not to take any action which encourages or consists of any threat
of harm of any kind to any person or property
4.4 You agree not to transmit any unsolicited commercial or bulk email. You will
not engage in any activity known or considered to be “spamming” or “Mail
Bombing”
4.5 You agree not to make any inappropriate communication to any Newsgroup,
Mailing List, Chat Facility, or other Internet Forum.
4.6 You agree not to make or attempt any unauthorized access to any Pairone
website or the website of any Pairone customer.
4.7 You agree not to infringe any copyright, trademark, patent, trade secret, or
other proprietary rights of any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization and distribution
of photographs from magazines, books, or other copyrighted sources, and the
unauthorized transmittal of copyrighted software.
4.8 You agree not to collect or attempt to collect personally identifiable
information of any person or entity without their express written consent. You
shall maintain records of any such written consent throughout the terms of this
agreement and for three years thereafter.
4.9 You agree not to undertake any action which is harmful or potentially
harmful to the Pairone server structure.
5 LICENSE
Pairone pursuant to the terms and conditions set forth herein hereby grants you
a non-exclusive, limited, personal, non-transferable license to use the Pairone
Web Hosting Service for the term of the agreement as set forth herein.
6 OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
6.1 It is understood and agreed that during the term of this agreement and
thereafter you may come into possession of information which is the confidential
and proprietary information of Pairone including but not limited to the Pairone
customer service and maintenance tools. You acknowledge that all right and title
to any such Pairone intellectual property shall remain the sole property of
Pairone and that you have no right, title or interest therein. You further agree
not to provide access to the Pairone services to any third party. You agree
yourself and not to assist any third party in any way to translate, decompile,
reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license,
distribute, market or otherwise dispose of any portion of the Pairone Services.
Any and all right or title to any engineering, coding, programming or customer
service work around or other modification of the Pairone service shall also
remain the sole property or Pairone.
6.2 During the term of this agreement you may have access to certain information
and materials relating to the Pairone business, customers, software technology
and marketing which Pairone treats as confidential (hereinafter “Confidential
Information”). You agree to at all times during the term of this agreement and
otherwise as set forth herein: (i) hold in confidence, and not disclose or
reveal to any person or entity, any “Confidential Information” without the
express prior written consent of Pairone; and (ii) not use or disclose any of
the “Confidential Information” for any purpose at any time, other than pursuant
to your rights under this agreement for the purpose intended. These obligations
shall continue indefinitely for so long as the Confidential Information is a
trade secret under applicable law and shall continue for three (3) years
following termination of this Agreement with respect to Confidential
Information, which does not rise to the level of a trade secret.
7 TERM
The initial term of this agreement shall be one (1) month with automatic renewal
for subsequent additional months after the expiration of the initial term.
Pairone reserves the right to accept pre-payment of renewal periods and may from
time to time offer financial incentives for such pre-payment. The term of the
agreement, however, shall remain one (1) month.
8 SUSPENSION AND TERMINATION
8.1 Suspension - At the sole option of Pairone for any reason set forth herein
or in the event that you breach any term of this agreement including but not
limited to Section 1 (Payment of Fees) and Section 4 (Acceptable Use Policy)
Pairone may suspend your account by deactivating any access by you or by web
users to any information contained on the Pairone servers related to your
account while maintaining the information and data related to your account upon
the Pairone servers. Suspension shall specifically include the disabling of your
hosted domain and/or any access to information or data related to your account.
In the event of any such suspension you will be notified and given an
opportunity to correct such breach. In the event that such breach is not
corrected within ten (30) days the account may be terminated under paragraph
8.2. Service charges will continue to accrue on suspended accounts as if they
were not suspended. You will remain responsible for the payment of any such
charges during any such period of suspension.
8.2 Termination - This agreement and all of it’s terms shall remain in full
force and effect until it is terminated. Termination shall include the removal
of any and all of your information from the Pairone servers. Such information or
data may or may not be made available to you by Pairone after any such
termination. This agreement may be terminated either (a) after a period of
suspension as set forth in paragraph 8.1 or (b) by either party upon 45 days
notice in advance of a renewal period for any reason.
8.3 In the event of termination under paragraph 8.2(a) there will be no refund
provided to you. In addition, Pairone may charge you an additional termination
fee not to exceed $100.00 at its sole option. The assessment of this termination
fee shall not effect the rights of Pairone to recover from you losses, damages,
indemnity, defense costs, expert costs, collection costs and/or attorneys fees
or other costs of any kind as may be applicable under California Law
8.4 In the event of any termination under paragraph 8.2(b) of this subsection
any service fees paid in advance beyond the next renewal date following the
notice period under that section will be refunded to you. This refund shall not
include any set-up fees, Domain Registration fees or other fees which are all
non-refundable.
9 NOTICE
9.1 Any notice under this agreement shall be given by Pairone to you via email
at the address provided by you to Pairone at the commencement of this agreement
or as Pairone is subsequently advised. Notice to you at this address is deemed
sufficient regardless of your receipt of such email. If you wish to update your
email address you should do so at this page.
9.2 Any notice by you to Pairone shall be made by telephone to a customer
service representative at +41-79-464 5709 during Pairone regular business hours
of 7:00 a.m. to 5:00 p.m. +001. Such notice may also be sent via International
Mail to the following Address:
Pairone ltd.
Rue Wilhelm-Kaiser 1,
Fribourg, Switzerland. 1700
10 SURVIVAL
Sections 1, 3 through 6, 8, 9, 11, 12, and 14 through 18, inclusive, of this
agreement shall survive the termination of this agreement and shall remain in
full force and effect after any such termination.
11 WARRANTEES AND LIMITATIONS
11.1 Pairone makes every reasonable effort to maintain operation of the Pairone
service however because as many events and circumstances are beyond the control
of Pairone, Pairone does not in any way warrant or otherwise guarantee the
availability of the Pairone system or servers and is not responsible for any
delay or loss of data, lack of connection, slow connection, or any other such
issues whether due to the active or passive negligence of Pairone.
11.2 THE Pairone SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY
WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE.
11.3 In general, Pairone has no control over information contained on the
Internet. Information obtained by you from the Internet may be inaccurate,
offensive or in some cases even illegal. Pairone accepts no responsibility for
any information which you receive from the Internet. You accept full
responsibility to verify the truth and accuracy, legality and ownership of the
information that you obtain from the Internet as well as the reputation of the
individuals with whom you may deal. Pairone provides no warrantee for any goods
or services which you obtain over the Internet nor the compatibility of any such
services with the Pairone system.
11.4 You specifically hereby waive any claim for damages of any kind whether
direct, indirect, special, exemplary, punitive, incidental or consequential,
loss of profits or loss of business as the result of any action taken in
response to any claim of copyright infringement without regard to whether or not
the material claimed to have been infringing is later found to be infringing.
11.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY
BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER
INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU
TO Pairone IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF
ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL Pairone BE LIABLE FOR ANY
INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION
WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
12 INDEMNITY
12.1 You agree to fully defend and indemnify and hold harmless Pairone of and
from any and all third party claims, causes of action, demands, costs, damages
including both direct and consequential damages, specifically including
attorneys fees and costs, expert fees and costs and mediation and/or arbitration
fees and costs incurred (whether paid or not) as the result of any breach or
claim of breach of this agreement or your negligence whether active or passive
or any negligence of Pairone in any way related to your use of the Pairone
service or any portion thereof.
12.2 You agree to fully defend and indemnify and hold harmless Pairone of and
from any and all third party claims, causes of action, demands, costs, damages
including both direct and consequential damages, specifically including
attorneys fees and costs, expert fees and costs and mediation and/or arbitration
fees and costs incurred (whether paid or not) as the result of any violation or
claimed violation of any copyright or other intellectual property right of any
third party which is in any way related to your use of the Pairone service or
any portion thereof. Choice of counsel remains exclusively that of Pairone
12.3 You agree that upon the assignment of your user ID and password that you
will maintain the confidentiality of your account information and assume all
responsibility of and from any loss, theft or other destruction of any data as
the result of any access to your account via the use of your user ID. You
further agree to defend and indemnify and hold harmless Pairone of and from any
and all third party claims, causes of action, demands, costs, damages including
both direct and consequential damages, specifically including attorneys fees and
costs, expert fees and costs and mediation and/or arbitration fees and costs
incurred (whether paid or not) as the result of any claim for damages in any way
related to the disclosure of your confidential User ID and Password information.
Choice of counsel remains exclusively that of Pairone.
13 FORCE MAJEURE
Either party to this agreement shall be excused from any delay or failure in
performance hereunder caused by reason of any occurrence or contingency beyond
its reasonable control, including but not limited to, acts of God, earthquake,
labor disputes and strikes, riots, war, and governmental requirements. The
obligations and rights of the party so excused shall be extended on a day-to-day
basis for the period of time equal to that of the underlying cause of the delay.
14 ASSIGNMENT
This agreement and the rights hereunder is not assignable or transferable except
that Pairone may assign it’s rights hereunder to any person or entity who shall
become a principal owner, or shareholder of Pairone. Any other attempted
transfer or assignment of rights hereunder shall be null and void ab initio.
15 SEVERABILITY
If any term, clause or provision hereof is held invalid or unenforceable by a
court of competent jurisdiction, such invalidity shall not affect the validity
or operation of any other term, clause or provision and such invalid term,
clause or provision shall be deemed to be severed from the Agreement.
16 CHOICE OF LAW
This Agreement shall be interpreted under the laws of the State of California
without regard to any conflict of laws provisions. Any action between the
parties to this agreement for the breach of this agreement or any action or
claim in any way relating thereto shall be venued in the Superior Court of the
State of California, County of Los Angeles. The parties to this agreement hereby
consent to jurisdiction in that court and agree to accept service by mail and
hereby waive any defense of any kind related to jurisdiction or venue.
17 NO AGENCY
Notwithstanding any other provision of this agreement, Pairone is not your
agent, partner or joint venturer in any respect.
18 AMENDMENT
Pairone may without advance notice amend this Agreement from time to time, and
will do so by posting the new Agreement on the Pairone web site in place of the
old. Each and every such amendment shall be become effective immediately for all
pre-existing and future accounts.