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Terms of Service (TOS)The Agreement between you (hereinafter referred to as the "Client ") and RoyAl Technology Management, LLC (hereinafter referred to as "RoyAl Technology Management, LLC" with its Mailing address at P.O. Box 225, Raymond, ME 04071). WHEREAS: RoyAl Technology Management, LLC has been commissioned
and hired by The Client RoyAl Technology Management, LLC agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). The Use of RoyAl Technology Management, LLC service constitutes acceptance and agreement to RoyAl Technology Management, LLC AUP as well as RoyAl Technology Management, LLC TOS (Terms of Service). Term and Payment of Services Term: This Agreement will be for an initial "Term" of 1 year from the date the Services are first provided by RoyAl Technology Management, LLC. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term or any Renewal Term for a period of thirty (30) days unless you provide RoyAl Technology Management, LLC with written notice of termination at least thirty days (30) before the end of the Initial Term or Renewal Term (also referred to interchangeably and collectively as "Term"), whichever is then applicable. To provide your notice of termination, you must submit a ticket to the Billing department via http://www.service.royaltechnologymanagement.com. Pricing and duration of Terms may be modified only if in writing (such as a Service Order) signed by RoyAl Technology Management, LLC. Termination This Agreement may be terminated: (i) by you or RoyAl Technology Management, LLC during any Renewal Term, without cause, by giving the other party no less than thirty (30) days to end of the billing period prior written notice, or a greater number of days prior notice if specified in a Service Order accepted by RoyAl Technology Management, LLC; (ii) by RoyAl Technology Management, LLC in the event of nonpayment by you as provided in the section below (iii) RoyAl Technology Management, LLC reserves the right to terminate this agreement at anytime with no reason given, or (iv) by RoyAl Technology Management, LLC, at any time, without notice, if, in RoyAl Technology Management, LLC sole judgment, you are in violation of any terms or conditions of the AUP. If you terminate this Agreement, or if RoyAl Technology Management, LLC terminates this Agreement for your breach, before the end of the Initial Term or the Renewal Term, whichever is then applicable, you will be required to pay immediately and without setoff or delay all charges, fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the Term and any other amounts including, but not limited to, bandwidth overage charges that you owe to RoyAl Technology Management, LLC under this Agreement. Charges You will immediately pay, upon receiving an electronic invoice from RoyAl Technology Management, LLC, all charges for your use of the Services at the then current RoyAl Technology Management, LLC prices for that category of service or any special offer applicable to your account as determined by RoyAl Technology Management, LLC. You are responsible for paying all federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to the Services, other than taxes based on RoyAl Technology Management, LLC net income. If you default on any of your obligations under this Agreement and RoyAl Technology Management, LLC must engage a collections effort to collect past due sums associated with your use of Services, you are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney's fees of RoyAl Technology Management, LLC. RoyAl Technology Management, LLC reserves the right to bring you to court if need be. If you exceed your allotment of bandwidth for any reason in any calendar month, even if you have cancelled service with RoyAl Technology Management, LLC during the month, you will be charged overage bandwidth at a rate of $1.00 per gigabyte. Bandwidth billing is done in arrears, and you will receive your bill for overage bandwidth during the first week of the following month that the overage occurred. It is your responsibility to monitor your bandwidth usage and to pay for all overages. If you are a reseller, it is your responsibility to monitor the bandwidth usage of your client(s) as you are solely responsible for any and all overages incurred by them. You can email RoyAl Technology Management, LLC at http://royaltechnologymanagement.com/support/ttx.cgi for bandwidth usages updates. Payment and Fees You will pay all charges for the first month of service in advance on the first day of the Initial Term at a prorated amount. You will pay all subsequent charges for Services in their entirety in advance on the first day of each successive month. You must pay for the Services by cash, check, credit card or Paypal. Payment must be received by RoyAl Technology Management, LLC by the first day of the successive month. If you authorize RoyAl Technology Management, LLC to charge your credit or debit card to pay for any charges that may apply to your account. You have a specific obligation to immediately notify RoyAl Technology Management, LLC of any changes to your card account (including applicable account number or cancellation or expiration of the account, your billing address, or any information that may prohibit RoyAl Technology Management, LLC from properly charging your account). Failure to immediately and fully pay your fees for Services and applicable taxes when invoiced by RoyAl Technology Management, LLC shall be a material breach of this Agreement, justifying RoyAl Technology Management, LLC to suspend its performance and terminate this Agreement. If RoyAl Technology Management, LLC terminates this Agreement for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts you owe to RoyAl Technology Management, LLC under this Agreement including, but not limited to, bandwidth overage charges. You are responsible for any costs that RoyAl Technology Management, LLC incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees. Credit cards that are declined for any reason or Paypal payments that are either rejected or not made when Services are invoiced are subject to an additional processing fee. Service will be immediately interrupted on any account that is unpaid. Service interrupted for non-payment is subject to a $30 suspension charge. Accounts not paid by the due date are subject to a 1% late fee that accrues daily until paid in full. Accounts that are not collectable by RoyAl Technology Management, LLC may be turned over to an outside collection agency for collection. If you account is turned over for collection, you agree to pay the company an additional "Collection" fee of not less than $50 nor more than $150. If you desire to cancel the account, please follow the correct procedure to do this at http://www.royaltechnologymanagement.com/support/ttx.cgi Refund and Disputes *All payments to RoyAl Technology Management, LLC are nonrefundable* and include any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time that the dispute occurred. If you dispute a charge to your credit card issuer that, in RoyAl Technology Management, LLC sole discretion, is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay RoyAl Technology Management, LLC an additional "Investigation Fee" of $150.00. Failure to Pay The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not, in any way, relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and all collection fees, including legal expenses. Use of Services Services. The AUP is posted on the site at (or such other location
as RoyAl Technology Management, LLC may specify) and may be updated
from time to time. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY
THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS. ROYAL TECHNOLOGY
MANAGEMENT, LLC MAY TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR ANY
VIOLATION OF THE AUP OR THIS AGREEMENT. System and Network Security Users are prohibited from violating or attempting to violate the security of the RoyAl Technology Management, LLC proprietary infrastructure. Violations of system or network security may result in civil or criminal liability. RoyAl Technology Management, LLC will investigate occurrences which may involve, and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: · Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access. · Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. · Attempting to interfere with service to any user, host, infrastructure or network, including without limitation, via means of overloading, flooding, mail bombing or crashing. · Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. · Taking any
action in order to obtain services which such user is not entitled. Notification of Violations and Infractions RoyAl Technology Management, LLC is under no duty to look at each client's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet related activities. Violations of the AUP will result in the following: A warning notification sent via email, RoyAl Technology Management, LLC trouble ticket with 24 hours notice for resolution: 24 hours is the standard notification; situations involving law enforcement, phishing scams, fraud, password harvesting, network interference, Denial or Disruption of service, IRC related misuse, or other malicious activity can reduce the notification time frame. · First Violation: Any user, which RoyAl Technology Management, LLC determines to have violated any element of our AUP (Acceptable use Policy), shall receive an e-mail, warning them of the violation. The service may be subject at RoyAl Technology Management, LLC discretion to a temporary suspension pending a client's agreement in writing to refrain from any further violations. · Second Violation: Any client that RoyAl Technology Management, LLC determines to have committed a second violation of any element or portion of the AUP shall be subject to immediate suspension or termination of service without further notice. · We reserve the right to drop the section of IP space involved in any SPAM or Denial-of-Service (Dos) complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial-of-service attacks are originating from your network. In certain rare cases, we may have to take this action prior to attempting to contact you. Disclosure to Law Enforcement The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all Subscriber information, including assigned IP addresses, account history, account use, etc. to any law enforcement agency who makes a written request without further consent or notification to the Subscriber. In addition RoyAl Technology Management, LLC shall have the right to terminate all service set forth in this Agreement if requested to do so as a result of any action of any law enforcement or government agency. Support Services and Boundaries RoyAl Technology Management, LLC provides 24/7/365 technical support to our Subscribers. We limit our technical support to our area of expertise. The following are our guidelines when providing support: · RoyAl Technology Management, LLC provides support related to your server. RoyAl Technology Management, LLC is not required but may provide support for application specific issues, such as any programming, HTML, third party applications or any other such issue. · RoyAl Technology
Management, LLC does not provide technical support for YOUR clients. Reseller Policy Resellers are completely and entirely responsible for the conduct of their customers and by agreeing with this AUP, Resellers agree that their customers will adhere to the AUP. Resellers have an obligation under this Agreement to make their current and prospective customers aware of the AUP and the consequences of violation of same. Intellectual Property Rights Intellectual Property Policy RoyAl Technology Management, LLC respects the intellectual property rights of others and expects its users to do the same. RoyAl Technology Management, LLC reserves the right, at its discretion, to delete material that infringes the copyrights, trademarks, or other intellectual property rights of others. RoyAl Technology Management, LLC also reserves the right to disable and/or terminate the accounts of users who infringe the copyrights, trademarks or other intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RoyAl Technology Management, LLC with the following information: · A description of the copyrighted work property that you claim has been infringed; · A description of the material that you claim infringes your copyright, and information sufficient to allow us to locate the material; · Your address, telephone number, and e-mail address; · A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; · A statement by you, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; · An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright. IP Addresses RoyAl Technology Management, LLC will maintain and control ownership of all Internet Protocol ("IP") numbers and addresses that RoyAl Technology Management, LLC may assign to you. RoyAl Technology Management, LLC may, in its sole discretion, change or remove any and all IP numbers and addresses at any time. Third Party Products RoyAl Technology Management, LLC may provide you with access to other third party software and/or services ("Third Party Products") through reseller relationships that RoyAl Technology Management, LLC has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by RoyAl Technology Management, LLC and not by the Third Party Vendor. Neither RoyAl Technology Management, LLC nor any Third Party Vendor makes any representations or warranties, expressed or implied, regarding any Third Party Products. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT CUSTOMER'S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM RoyAl Technology Management, LLC OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RoyAl Technology Management, LLC NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND RoyAl Technology Management, LLC WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS. You shall not (i) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any Third Party Product or that appear during use of any Third Party Product; or (ii) reverse engineer, decompile, or disassemble any Third Party Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Enforcement Actions RoyAl Technology Management, LLC reserves the right to suspend or terminate the Service immediately or take any other corrective action it deems appropriate in its sole discretion if, in the sole judgment of RoyAl Technology Management, LLC, your server or account is the source or target of any violation of the AUP or for any other reason which RoyAl Technology Management, LLC reasonably chooses. If inappropriate activity is detected, all of your accounts in question will be deactivated until a thorough investigation is completed. Prior notification to you of disconnection is not assured. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate RoyAl Technology Management, LLC to monitor or exert editorial control over the information made available for distribution via the Services. If RoyAl Technology Management, LLC takes corrective action because of a possible violation, RoyAl Technology Management, LLC will not refund you any fees that you paid in advance of the corrective action. Disclosure Rights The AUP specifically prohibits the use of our service for illegal activities. Therefore, you agree that RoyAl Technology Management, LLC may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to you. In addition, RoyAl Technology Management, LLC shall have the right to terminate all service set forth in this Agreement. Disclaimed Warranties RoyAl Technology Management, LLC exercises no control over, and accepts no responsibility for, the content of the information passing through RoyAl Technology Management, LLC host computers, network hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. ROYAL TECHNOLOGY MANAGEMENT, LLC DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. ROYAL TECHNOLOGY MANAGEMENT, LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. Limitation and Exclusion of Liability Limitations IN NO EVENT WILL ROYAL TECHNOLOGY MANAGEMENT, LLC OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER ROYAL TECHNOLOGY MANAGEMENT, LLC NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO ROYAL TECHNOLOGY MANAGEMENT, LLC' OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF ROYAL TECHNOLOGY MANAGEMENT, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF ROYAL TECHNOLOGY MANAGEMENT, LLC AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO ROYAL TECHNOLOGY MANAGEMENT, LLC UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY ROYAL TECHNOLOGY MANAGEMENT, LLC UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE ROYAL TECHNOLOGY MANAGEMENT, LLC AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION. Interruption of Service RoyAl Technology Management, LLC and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, RoyAl Technology Management, LLC is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any "act of God" or other cause beyond its reasonable control (including any mechanical, electronic, communications or third-party supplier failure). Indemnification In agreeing to the RoyAl Technology Management, LLC AUP and this Agreement, you agree to indemnify, defend and hold harmless RoyAl Technology Management, LLC, its employees, officers, directors, partners, representatives and affiliates, for any violation by you or your customers of the AUP or this Agreement that results either in (a) any cost, expense, damage or loss to RoyAl Technology Management, LLC, or (b) the bringing of any claim against RoyAl Technology Management, LLC by any third-party, and all costs, expenses, damages, and losses associated therewith. For example, if RoyAl Technology Management, LLC is sued because of your or your customer's activity related to the Services, you will pay any damages awarded against RoyAl Technology Management, LLC, its employees, directors, partners, representatives and affiliates, in addition to all costs and attorney's fees. MISCELLANEOUS PROVISIONS RoyAl Technology Management, LLC and you agree that, except as otherwise expressly provided in this Agreement, the Order Form(s), signed agreements between you and RoyAl Technology Management, LLC or the terms and conditions of use of any third party software products, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or your customers. THIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN TEXAS, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. You may not sell, assign or transfer its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of RoyAl Technology Management, LLC, and any attempted assignment or delegation without such consent will be void. RoyAl Technology Management, LLC may assign this Agreement in whole or part. RoyAl Technology Management, LLC also may delegate the performance of certain Services to third parties. All notices, demands, requests or other communications required or permitted under this Agreement shall be deemed given when delivered personally, sent by facsimile upon confirmation, sent and received by return receipt email, or upon receipt of delivery of overnight mail. You and RoyAl Technology Management, LLC are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between you and RoyAl Technology Management, LLC. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter. Survival All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations will survive the termination or expiration of the Agreement. MISCELLANEOUS This agreement along with AUP are to be upheld with any other signed agreement with RoyAl Technology Management, LLC. Other signed agreements will be for setting up special terms for an account. BINDING CONTRACT/ASSIGNMENT: The application and this Agreement constitute a binding contract between RoyAl Technology Management, LLC and the Client and is not intended to confer upon any person, other than the parties hereto or the respective successors and assigns, any rights or benefits under or by reason of this Agreement. Client may assign this Agreement upon the written consent of RoyAl Technology Management, LLC, which consent shall not be unreasonably withheld, in which event the assignee agrees herein that it shall duly perform all of the terms and conditions of this Agreement. Notwithstanding the assignment of this Agreement, Client shall remain primarily liable for and hereby guarantees the full performance of this Agreement and RoyAl Technology Management, LLC shall not be required to first pursue the assignee for any breach hereunder. WARRANTIES: Client acknowledges agrees that RoyAl Technology Management, LLC relies upon the information provided by client and makes absolutely no representations or warranties whatsoever, express or implied, with respect to any intended use of the webspace, Website or services provided hereunder by Client and Client agrees that RoyAl Technology Management, LLC shall not be liable to the Client for any claims or damages which may be suffered by the Client, or any third party, including, but not limited to, losses or damages resulting from the loss of data as a result of delays, non-deliveries, or service interruptions in connection with the use of any webpage or Website, or with respect to any other services provided hereunder. INFORMATION: The utilization of any data or information received by the Client from the services provided by RoyAl Technology Management, LLC hereunder shall be at the Client's sole and absolute risk. RoyAl Technology Management, LLC specifically disclaims and denies any liability or responsibility for the completeness, accuracy or quality of information obtained by Client arising out of the services provided hereunder. DOMAIN NAME: In the event RoyAl Technology Management, LLC acquires an Internet Domain Name on behalf of the Client, then Client hereby waives any and all claims against RoyAl Technology Management, LLC for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or in connection with the release of the Domain Name from such directories or lists following the expiration or earlier termination of this Agreement. In the event this Agreement is terminated prior to expiration of the term or any renewal term in accordance with this Agreement, the Domain Name shall remain the property of RoyAl Technology Management, LLC until the expiration of then-current term. RoyAl Technology Management, LLC reserves the right to sell to Client the Domain Name for a $10 fee. SERVICE REVOCATION: In the event RoyAl Technology Management, LLC at any time believes that the service is being utilized for unlawful purposes by the Client or in contravention of the terms and provisions herein , including but not limited to unsolicited email, hacking, phishing, and pornography. RoyAl Technology Management, LLC reserves the right to immediately discontinue such service to the Client without liability to Client or any third party. SUBCONTRACTORS: RoyAl Technology Management, LLC reserves the right to retain or employ consultants or subcontractors to assist RoyAl Technology in the performance of this Agreement and the services to be provided hereunder. COPYRIGHTS AND TRADEMARKS: Client represents and warrants to RoyAl Technology Management, LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to RoyAl Technology Management, LLC for inclusion in webpages, webspace or Websites are the property of and owned by Client, or Client has permission from the rightful owner to use each of these elements. Client will indemnify, hold harmless, protect, and defend RoyAl Technology Management, LLC and its consultants or subcontractors from any claim, demand, liability or suit arising from RoyAl Technology Management, LLC’s use of such elements furnished by Client. LAWS AFFECTING ELECTRONIC COMMERCE: From time to time, governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Client agrees that Client is solely responsible for complying with such laws, taxes, and tariffs, and will indemnify, hold harmless, protect, and defend RoyAl Technology Management, LLC and its consultants or subcontractors from any claim, suit, penalty, tax, or tariff arising from Client’s exercise of Internet electronic commerce. COPYRIGHT OF WEBPAGES: Copyright to the finished assembled work of webpages produced by RoyAl Technology Management, LLC shall be owned by RoyAl Technology Management, LLC. Upon payment of all applicable fees and RoyAl Technology Management, LLC’s completion of the website, Client is granted a revocable license to use the design, graphics, and text contained in the finished assembled website. Any rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to Client. RoyAl Technology Management, LLC and its subcontractors retain the right to display graphics and other webdesign elements as promotional examples of their work in their respective portfolios either as advertisements on the Internet or elsewhere. INDEMNIFICATION: The Client shall indemnify and hold harmless RoyAl Technology Management, LLC from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings against RoyAl Technology Management, LLC for any allegation that the content of the Client’s web space violates any copyright or proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous. ENTIRE AGREEMENT AND UNDERSTANDING: The Client’s application and this Agreement constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement. ISP CHARGES: The Client understands and acknowledges that this contract does not provide ISP (Internet Service Provider) services, Client must obtain its own Internet connection and the charges for an ISP are not included in the prices listed herein. REVIEW OF AGREEMENT: Client acknowledges and agrees that Client has had an opportunity to review this Agreement, consult with any advisors or conduct any investigation with respect to the subject matter of this Agreement prior to its execution and agrees to be bound to the terms and conditions hereunder. The rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. Any amendments to the terms of this Agreement and any additions to the scope of services provided hereunder must be approved by the Client and submitted to RoyAl Technology Management, LLC in writing in accordance with the notice provisions hereunder. REMEDIES: In the event of a breach of this Agreement by Client and termination by RoyAl Technology Management, LLC in accordance with the terms hereunder, the Client shall not be entitled to any refund or exchanges, either whole or partial, for any period remaining under the term or renewal term of this Agreement. In the event this Agreement is terminated for any reason prior to the expiration of the initial term or any renewal term, Client agrees to pay the sum of $20.00 as a reasonable estimate of the damages sustained by RoyAl Technology Management, LLC, as liquidated damages and not as a penalty, such damages being impracticable to determine at the time of execution of this Agreement. RoyAl Technology Management, LLC shall have available to it all remedies at law or in equity, including any action seeking to enjoin Client from any further use of any web space, web page or Website arising out of the services provided hereunder. GOVERNING LAW: This agreement shall be binding upon the heirs and assigns of the parties and shall be governed by and interpreted according to the laws of the State of Maine. Any legal action brought with regard to this contract shall be brought only in Cumberland County, in the State or Federal Court of appropriate jurisdiction within the State of Maine. ATTORNEYS’ FEES: In the event of arbitration, suit or action (collectively ''Action'') instituted to enforce this Agreement, or with respect to this Agreement or any documents described in this Agreement, the prevailing party shall be reimbursed by the other party for any and all costs and expenses incurred in connection with the Action, including, but not limited to, reasonable attorneys' fees at any hearing or trial and on appeal. HEADINGS: Headings used in the agreement are for convenience only and shall not be used to interpret or construe its provisions. NOTICES: All notices or other documents under this agreement shall be in writing and delivered personally or mailed by certified mail, postage prepaid, addressed to RoyAl Technology Management, LLC and the Client at their last known addresses. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. |
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