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In consideration for hosting services to be delivered, Subscriber agrees to be
bound to the following terms:
• Subscriber agrees to pay for hosting services rendered in advance of
each monthly service term.
• Subscriber agrees to be bound by the service term selected on the online
order form or via applicable promotional codes.
• Subscriber agrees to a no-refund policy in advance. Setup fees and
monthly service fees are non-refundable.
• Non-Payment of services shall result in a 10-day notice of
disconnection. All payment failures must be cured within 10 days of notice.
Subscribers failing to secure payment within 10 days of notice will incur
suspension of the service(s) for which payment has not been secured.
• CaribbeanHoster Inc. is not responsible for data after your account has
been suspended for non-payment.
• Subscriber agrees to adhere to the CaribbeanHoster Inc. Acceptable Use
Policy.
• Cancellations must be received at least 7 buisness days before the end of the month. Your cancellation will take effect on the 1st of the month. No refunds will be issued for pre-paid services.
• Subscriber agrees not to engage in activity that violates United States
' federal laws, Texas state laws or Dallas county laws which are applicable to
the service terms described herein.
• CaribbeanHoster Inc. reserves the right to discontinue service to any
subscriber it deems, in its sole discretion, violates any condition
of service including the Acceptable Use Policy and Terms of
Services.
• Subscriber agrees to indemnify and hold harmless CaribbeanHoster Inc.
and the employees and agents of CaribbeanHoster Inc. against any losses,
claims, damages, liabilities, penalties, actions, proceedings or judgments
(collectively, "Losses") to which an Indemnified Party may become
subject and which Losses arise out of, or relate to this Agreement
or Subscriber's use of the Services and Products, and will reimburse an
Indemnified Party for all legal and other expenses, including
reasonable attorneys' fees incurred by such Indemnified Party in connection
with investigating, defending or settling any Loss whether or not
in connection with pending or threatened litigation in which such
Indemnified Party is a party.
CARIBBEANHOSTER INC. SHALL NOT BE LIABLE FOR
(i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING
FROM THE USE OF CARIBBEANHOSTER INC.' SERVICES AND PRODUCTS BY SUBSCRIBER OR
ANY THIRD PARTIES, OR
(ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR
SERVICE INTERRUPTIONS. CARIBBEANHOSTER INC. PROVIDES THE SERVICES AND PRODUCTS
AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
CARIBBEANHOSTER INC. DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION,
USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND CARIBBEANHOSTER INC. SHALL
HAVE NO LIABILITY THEREFORE.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY
BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION
IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN
ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE
ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas, without regard to choice of law provisions that would
cause the application of the law of another jurisdiction.
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