This Agreement is between Lanset America Corporation and it's subsidiaries DataNOC, and all customers using DataNOC webhosting services:
The Customers mentioned above will hereafter be referred to as "User".
-1- Subject to the provisions hereof, the account will be opened upon reception of contract, "signup form" , email, or phone, and repeated in each successive billable period thereafter at the then applicable prevailing rates and charges, unless written notice of cancellation is received from User in accordance with section (12).
-2- Charges for "billable period rate" services are payable prior to the beginning of each period.
-3- CUSTOMER WARRANTIES. (a) The Customer represents and warrants that it is an entity, duly organized, validly existing and in good standing under the laws of its origin, with all requisite power to enter into and perform its obligations under this Agreement in accordance with its terms; (b) Customer represents and warrants that neither its equipment nor facilities will pose a hazard to Lanset's equipment or facilities or create a hazard to Lanset's personnel or customers or the public in general; (c) Customer represents and warrants that its use of the Services will comply and conform with all Applicable Law and any other authorities having jurisdiction over the subject matter of this Agreement and it will be responsible for applying for, obtaining and maintaining all registrations and certifications which may be required by such authorities; Customer will indemnify and hold Lanset harmless from any and all loss, liability, claim, demand, and expense (including reasonable attorneys’ fees) related to Customer’s violation of this Section.
-4- USER AGREES TO USE ALL LANSET/DataNOC SERVICES AND FACILITIES AT USER'S RISK. LANSET/DataNOC SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE. IN NO EVENT SHALL LANSET/DataNOC BE LIABLE FOR ANY LOSS OF DATA OR ANY OTHER DAMAGES.
-5- User agrees to protect and indemnify LANSET/DataNOC against any and all liability, loss, or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights and privacy and infringement of copyrights and property resulting from User's use of LANSET/DataNOC services.
-6- LANSET/DataNOC reserves the right to cancel any account, at any time, without notice, for any reason LANSET/DataNOC considers appropriate. Use of the email system to send unsolicited email or Usenet postings is not allowed from any LANSET/DataNOC account. "Sexually Explicit Adult Content" is not allowed on LANSET/DataNOC Servers. At LANSET/DataNOC discretion, access to LANSET/DataNOC account may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole
-7- LANSET/DataNOC does not actively monitor the content of the websites but rigorously investigates any complaint. User is solely responsible for usage of LANSET/DataNOC and any statement User makes on LANSET/DataNOC system may be deemed a "publication" of the information entered. Acknowledging the foregoing, User specifically agrees not to use LANSET/DataNOC service in any manner that is illegal, libelous, or against any LANSET/DataNOC policy.
-8- The billable service period begins on the date the services indicated in this agreement become available to User.
-9-LANSET/DataNOC may, with 30 days notice, amend the rates and or charges for any future server usage and/or services.
10. DISCLAIMER/LIMITED WARRANTY. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, LANSET/DataNOC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, UNDER THIS AGREEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LANSET/DataNOC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITED LIABILITY. LANSET'S LIABILITY AND THE EXCLUSIVE REMEDY OF CUSTOMER FOR DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES AND/OR THIS AGREEMENT, WILL BE SOLELY LIMITED TO AN AMOUNT NO GREATER THAN THE AMOUNTS INVOICED TO CUSTOMER BY LANSET/DataNOC DURING THE MONTH PRIOR TO THE OCCURRENCE OF ANY CLAIM. IN NO EVENT WILL LANSET/DataNOC BE LIABLE TO THE CUSTOMER FOR LOSS OF USE, INCOME OR PROFITS, LOSS OF REVENUES, LOSS OF SAVINGS OR HARM TO BUSINESS OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), WARRANTY OR ANY OTHER LEGAL THEORY, REGARDLESS OF THE FORESEEABILITY THEREOF EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
-12- Written notice of cancellation must be received from User at least 5 days prior to the beginning of the next billable period. Special order servers and upgrades exceeding $10000 monthly requires minimum 12 months commitment by the User. LANSET/DataNOC have discretion as to what hardware, software or upgrade is considered to be an "Special order".
-13- This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, United States of America, and the courts of the judicial district of county of Sacramento shall have exclusive jurisdiction in respect of any proceeding in connection with this Agreement.
-14- THE ABOVE ACCOUNT AND BILLING INFORMATION APPLY TO THIS SERVICE AGREEMENT.
-15- Recurring Billing Authorization: User hereby authorizes LANSET/DataNOC to charge the indicated credit card for services provided and applicable excess usage fees. User agrees that this is a periodic charge that will be made according to the billing cycle, and in order to terminate the recurring billing process User must either cancel User's account, or arrange for an alternative method of payment. User understands that all account cancellations for which an active recurring billing authorization exists must be made in writing according to the requirements of the Lanset, Inc. Terms of Service (TOS) which User has read and understand. User agrees not to dispute Lanset's recurring billing with credit card issuer as long as the amount in question was for services rendered prior to cancellation of the account. User agrees that User will not dispute any charges from Lanset America Corporation (LANSET/ DataNOC) unless User has already made an effort in good faith to rectify the situation directly with Lanset, and those efforts have failed. User agrees to the terms and conditions set forth in the Lanset TOS, and User understands that User will forfeit any fees paid to date if User's account is terminated as a result of a TOS violation. User understands that Lanset will not mail any invoices or bills, User will receive the receipt through email. User agrees that any credits issued by Lanset for any reason will not be refunded to the credit card, but instead deducted from the next bill. User agrees that if User has any problems or questions regarding the LANSET/DataNOC service, User will contact Lanset for assistance, using the contact information on their web site at www.DataNOC.com. User authorizes Lanset and its sponsoring agency to run an address verification search. This verification process is a security measure designed to protect the client from illegal fraud against the credit card. User guarantees and warrants that User is the legal cardholder for this credit card, and that User is legally authorized to enter into this recurring billing agreement with Lanset.
Internet Acceptable Use Policy:
This Acceptable Use Policy specifies the actions prohibited by Lanset/DataNOC to users of the Lanset Network. Lanset reserves the right to modify this Policy at any time.
General information:Lanset America Corporation is committed to providing high-quality Internet products and services for its customers. Lanset also is committed to being a responsible member of the Internet Community. Therefore, Lanset/DataNOC holds both itself and its customers to a higher standard of accountability as set forth in this Acceptable Use Policy. Lanset's Acceptable Use Policy specifies the actions prohibited by Lanset to users of the Lanset Network. Lanset reserves the right to modify this Policy at any time. If Lanset receives abuse complaints, Lanset will work diligently to resolve these complaints with our customers. However, if a customer does not abide by Lanset's Acceptable Use Policy or otherwise fails to cooperate adequately in the resolution of any complaint, Lanset may immediately restrict or terminate the customer's services, at Lanset's sole discretion, in addition to any other remedy that may be available to Lanset/DataNOC .
Illegal use: The Lanset/DataNOC Internet Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law, policy, rule, or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, pornographic, defamatory, constitutes an illegal threat, or violates export control laws. Lanset has the right, in its sole discretion, to take such action as necessary, including but not limited to: blocking or suspension or termination of the customer's services, relative to any material that in Lanset's sole judgment violates this Policy. Lanset is not responsible nor will Lanset be liable for the removal of, failure or delay in removing any such material.
System and network security: Violations of system or network security are prohibited and may result in criminal and civil liability. Lanset/DataNOC will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
•Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
•Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
•Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
•Forging of any TCP/IP packet header or any part of the header information in an email or a newsgroup posting.
Spam Emails: Sending or causing to be sent unsolicited electronic mail messages (spam), including, without limitation to commercial advertising and informational announcements is explicitly prohibited. Lanset reserves the right to take any and all legal and technical action required to prevent mail relaying, and unsolicited email from entering, utilizing or remaining within the Lanset Network. A customer running their own mail server may not relay through Lanset's mail servers. If Lanset/DataNOC receives complaints resulting from an open relay, the customer may be subject to network restrictions.
Distribution of Internet Viruses or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses and other destructive activities such as cracking is expressly prohibited.
Other Activities: Engaging in activities, whether lawful or unlawful that Lanset determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations is expressly prohibited.
DISCLAIMER OF WARRANTIES AND LIABILITY:YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A LANSET/DataNOC WEBSITE OR NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A LANSET/DataNOC NETWORK OR WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." LANSET/DataNOC, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE OR NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. LANSET/DataNOC DOES NOT GUARANTEE THAT ITS NETWORK OR WEBSITES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL LANSET/DataNOC, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS NETWORK OR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF LANSET, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY LANSET/DataNOC NETWORK OR WEBSITE WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF LANSET/DataNOC, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
INDEMNIFICATION: You agree to indemnify, defend and hold harmless LANSET/DataNOC from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our Websites, Services or Network; or (5) your use of our Websites, Services or Network.
MODIFICATION OF THE POLICY AND AGREEMENT: LANSET/DataNOC reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on DataNOC.com. You agree to the Policy and Agreement by accessing or using our Websites, products or services, or by sending any electronic transmission through our Network.
MISCELLANEOUS:Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. LANSET/DataNOC may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.