DEALERHOSTS, INC and its affiliates provide software, products, web sites, and technology (collectively, "DEALERHOSTS, INC"). The DEALERHOSTS, INC Terms of Service comprise a legal agreement ("Agreement") between You (the customer submitting an order form associated with this Agreement or otherwise using DEALERHOSTS, INC Services) and DEALERHOSTS, INC and govern Your use of DEALERHOSTS, INC Services. BY ORDERING DEALERHOSTS, INC SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service, do not order or use any DEALERHOSTS, INC Service.
"You" means You, Your company, Your employees, and anyone who has access to use Your DEALERHOSTS, INC account. You must be at least eighteen (18) years of age to subscribe to and use any DEALERHOSTS, INC Service.
You agree to familiarize Yourself with, and to regularly review, the Terms of Service, and other terms and guidelines published by DEALERHOSTS, INC and abide by them if You choose to use the DEALERHOSTS, INC Services to which such terms apply. DEALERHOSTS, INC reserves the right to change the Terms of Service at anytime without notice. If You continue to use DEALERHOSTS, INC Services after any such changes, Your continued use will constitute Your consent to such changes.
If You do not have print capability and desire to obtain a hard copy of these Terms of Service, please send DEALERHOSTS, INC an email requesting a hard copy. You may also click on the link to "Terms of Service" via the link on the site navigation bar at the top of each page of the DEALERHOSTS, INC web site (Corporate Info > Legal) for a copy of these Terms of Service, which may be printed and saved through the printing and saving capability of your browser and printer.
If you have questions about these Terms of Service, please contact DEALERHOSTS, INC at email@example.com.
By subscribing to or receiving any DEALERHOSTS, INC Service, You make the following representations and warranties. DEALERHOSTS, INC shall have the right to terminate your DEALERHOSTS, INC account, without notice at any time, if any representation or warranty made by You proves to be untrue in any respect.
You represent and warrant that:
By using the DEALERHOSTS, INC Service, You agree that You will defend and indemnify DEALERHOSTS, INC and its suppliers from any third party claim related to a breach of any of the foregoing warranties.
DEALERHOSTS, INC may only be used in connection with e-mail lists for which recipients have voluntarily registered. Using DEALERHOSTS, INC to send e-mail to an address You obtain without the consent of such addressee is a violation of the DEALERHOSTS, INC Terms of Service. You may not access the mailing lists of third parties on DEALERHOSTS, INC Services, and You may not access or otherwise use such third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You may not import any e-mail addresses to Your list that have not chosen to receive Your mailings. You may only send e-mail to customers that have willingly signed up to receive Your mailings. If DEALERHOSTS, INC receives complaints about Your list, Your list will be reviewed and may be terminated. You may not send mail under any company or organization name other than Your own and/or with fraudulent header or source information. Please see DEALERHOSTS, INC's anti-spam policy for further information and restrictions regarding use of DEALERHOSTS, INC Services.
If You use DEALERHOSTS, INC to create a mailing list (a "Mailing List"), You may remove any e-mail address contained therein from such Mailing List at Your discretion. You agree to honor the request of the owner of any e-mail address to remove that address from a Mailing List within ten (10) business days after receipt of such request. You may establish additional terms and conditions that may be applied to persons subscribed to Your Mailing Lists.
If You register with a Mailing List, You acknowledge that the owner of the mailing list may remove Your e-mail address from such Mailing List, in its discretion and at any time, and that Your participation in such Mailing List may be subject to additional terms and conditions that may be changed from time to time.
DEALERHOSTS, INC may include in every e-mail sent by any DEALERHOSTS, INC Service a statement similar to the following: "Powered by Dealerhosts".
DEALERHOSTS, INC Services are provided to assist You with the operation of Your business. Your right to use the DEALERHOSTS, INC Service is limited to You, Your company and its employees. You are solely responsible for Customer Content and all use of Your DEALERHOSTS, INC account. DEALERHOSTS, INC reserves the right, but is not obligated, to monitor or to review Customer Content and to monitor your compliance with these Terms of Service. DEALERHOSTS, INC reserves the right in its sole discretion to: (a) refuse to provide DEALERHOSTS, INC Services if You violate these Terms of Service, and/or (b) edit, refuse to post, or remove any Customer Content that violates the Terms of Service, without notice at any time.
You may not: (a) restrict or inhibit any other user from using and enjoying such user's rights in DEALERHOSTS, INC Services, or (b) interfere with or disrupt our DEALERHOSTS, INC Servers or servers or any network connected to DEALERHOSTS, INC Services.
In addition, You may not use the DEALERHOSTS, INC Services to:
Subject to the terms and conditions of this Agreement, DEALERHOSTS, INC grants You, and You accept, a nontransferable and nonexclusive license to use in object code form only any software used in connection with DEALERHOSTS, INC Services or made available to download on DEALERHOSTS, INC sites (the "Software") solely for Your purposes using Your data, and not for the benefit of any third party (unless otherwise agreed in writing by DEALERHOSTS, INC). You may use and access the Software made available over the Web only through authorized DEALERHOSTS, INC web sites. You agree to use reasonable security measures to minimize the risk of unauthorized access to and use of the Software.
The Software may be used and accessed only by You using the Software for its intended purpose while doing Your work.
You acknowledge that DEALERHOSTS, INC is the sole owner of all intellectual property rights in and to the Software and all web sites provided by DEALERHOSTS, INC in connection with the DEALERHOSTS, INC Services (the "Sites"), including but not limited to the structure, organization, design, algorithms, methods, templates, data models, data structures, logic flow, and screen displays associated therewith. All customizations, enhancements, modifications and new code made available to You pursuant to this Agreement shall be deemed "Software" hereunder and shall be owned by DEALERHOSTS, INC. Except as expressly authorized in this Agreement, You will not copy, modify, display, rent or unbundle the Software. In addition, You will not reverse engineer, decompile or disassemble the Software, and will not otherwise attempt to reconstruct or discover the source code for the Software. The Software and the Sites (collectively, the "Licensed Product") shall be used only to You for Your sole and exclusive benefit, and shall not be used to provide time-sharing or other similar services for the benefit of any third party. DEALERHOSTS, INC reserves all rights in the Licensed Product not expressly granted to You hereunder.
Your use of Software made available by DEALERHOSTS, INC are governed by the Terms of Service, and shall govern Your use of the Software. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in the Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All software downloaded or otherwise obtained by the U.S. Government is provided with the commercial license rights and restrictions described elsewhere herein.
Some products and services available through or in connection with DEALERHOSTS, INC require that You purchase a subscription or otherwise pay a fee. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your DEALERHOSTS, INC account by You or anyone else using Your account. DEALERHOSTS, INC reserves the right to modify the fees charged for DEALERHOSTS, INC Services from time to time.
The fee paid to DEALERHOSTS, INC for use of the Site is nonrefundable and the subscription is good for the length of the term defined at the beginning of the subscription. At the end of the subscription term all Content of the Agent and/or Company will not be able to be accessed, unless a new subscription is purchased.
Except as expressly set forth in this Agreement, DEALERHOSTS, INC is not required to refund to You any amounts paid hereunder. It is Your responsibility to notify DEALERHOSTS, INC if Your credit card has changed or has expired and to make appropriate changes or Your service may be disconnected or interrupted.
DEALERHOSTS, INC may change any of the DEALERHOSTS, INC Services at any time and from time to time without notice, including terminating the offering of any DEALERHOSTS, INC Service altogether.
This Agreement is effective until terminated. DEALERHOSTS, INC may terminate or suspend this Agreement immediately if in DEALERHOSTS, INC's sole judgment You breach any of the terms and conditions of this Agreement. All provisions of this Agreement relating to payment; disclaimers; limitation of liability; confidentiality; and DEALERHOSTS, INC's proprietary rights shall survive termination or expiration of this Agreement.
Links within the DEALERHOSTS, INC service may let You leave the DEALERHOSTS, INC site. You acknowledge that the linked sites are not under the control of DEALERHOSTS, INC and that DEALERHOSTS, INC is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or any form of transmission received from any linked site. DEALERHOSTS, INC is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by DEALERHOSTS, INC of the linked site or any association with their operators.
DEALERHOSTS, INC does not claim ownership of any Customer Content. However, You grant DEALERHOSTS, INC a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Customer Content, and to publish Your name in connection with Customer Content) Customer Content only in connection with the operation and promotion of DEALERHOSTS, INC Services. You also grant DEALERHOSTS, INC the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to DEALERHOSTS, INC's or its sublicensee's use of Your Customer Content.
You grant DEALERHOSTS, INC permission to use screen shots of any Web page that contains a link to DEALERHOSTS, INC in DEALERHOSTS, INC promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.
The information, software, products, services and other material included in or available through DEALERHOSTS, INC Services may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via DEALERHOSTS, INC Services should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals.
DEALERHOSTS, INC warrants that it will use commercially reasonable efforts to provide the ordered DEALERHOSTS, INC Services in accordance with the terms and conditions. Otherwise, DEALERHOSTS, INC makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the DEALERHOSTS, INC Services. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ALL DEALERHOSTS, INC SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND DEALERHOSTS, INC AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO DEALERHOSTS, INC SERVICES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL DEALERHOSTS, INC OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF DEALERHOSTS, INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION, OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR:
DEALERHOSTS, INC is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your DEALERHOSTS, INC information, through the use of DEALERHOSTS, INC Services.
DEALERHOSTS, INC is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your web site or between You and any user of any products or services offered or provided by You or by a third party through any DEALERHOSTS, INC Service. DEALERHOSTS, INC is not responsible for screening, censoring or otherwise controlling your Customer Content, or any listings or transactions offered or conducted via your Customer Content. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You. DEALERHOSTS, INC is not acting as Your or any third party's agent in connection with the operation of DEALERHOSTS, INC Services. Further, because DEALERHOSTS, INC is not involved in any orders or other transactions between You and other users of DEALERHOSTS, INC or other marketplace forums, DEALERHOSTS, INC cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.
You agree to defend, indemnify and hold DEALERHOSTS, INC and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service, or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with DEALERHOSTS, INC or Your use of DEALERHOSTS, INC Services.
You may not use a name in connection with operating Your DEALERHOSTS, INC account that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to Your identity.
You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or DEALERHOSTS, INC Services resulting from any third party using a password or user name issued to You. You agree to notify DEALERHOSTS, INC immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the DEALERHOSTS, INC known to or suspected by You. You may change Your password at any time by following instructions on the DEALERHOSTS, INC web site.
You hereby authorize DEALERHOSTS, INC to rely on any data, notice, instruction or request furnished by You to DEALERHOSTS, INC, or that DEALERHOSTS, INC reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. DEALERHOSTS, INC is not responsible for fraud of participants or of other users of your account.
DEALERHOSTS, INC will not use Your customer data or Your customer contact list for any purposes other than those intended by the DEALERHOSTS, INC Service. Your customer information will not be shared with any other parties, unless you are also subscribing to a DEALERHOSTS, INC Service where one of the features of such service is the sharing of customer information between services. DEALERHOSTS, INC will not use Your customer information for the purpose of sending unsolicited commercial e-mail to such customers. For more information about DEALERHOSTS, INC's privacy and information practices, please see DEALERHOSTS, INC's Privacy Statement.
These Terms of Service are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Santa Barbara County, California, U.S.A. in all disputes arising out of or relating to the use of the DEALERHOSTS, INC Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and DEALERHOSTS, INC as a result of these Terms or Service or use of DEALERHOSTS, INC Services.
DEALERHOSTS, INC's performance of this Agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of DEALERHOSTS, INC's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of DEALERHOSTS, INC Services or information provided to or gathered by DEALERHOSTS, INC with respect to such use.
If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
Unless otherwise specified herein, these Terms of Service, the Anti-Spam Policy and the Privacy Statement constitute the entire Agreement between the user and DEALERHOSTS, INC with respect to DEALERHOSTS, INC Services and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DEALERHOSTS, INC with respect to DEALERHOSTS, INC Services.
DEALERHOSTS, INC reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with DEALERHOSTS, INC's Privacy Statement.
Any rights not expressly granted herein are reserved by DEALERHOSTS, INC, including all legal and equitable remedies available to DEALERHOSTS, INC upon Your violation of any of these Terms of Service.
DEALERHOSTS, INC is a service mark of DEALERHOSTS, INC. The names of actual companies and products mentioned herein may be the trademarks or service marks of their respective owners.
This Hosting Agreement (“Agreement”) governs your purchase and use of all website hosting services, including Dedicated Hosting Services, Co-Location Services, Shared Hosting Services, Domain Name Services and Database Services (collectively, the "Services").
BY USING THE SERVICES YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT DEALERHOSTS, INC WILL TREAT YOUR USE OF THE SERVICES AS ACCEPTANCE OF THE TERMS OF THIS AGREEMENT FROM THE TIME YOU BEGIN TO USE SERVICES ONWARD.
DEALERHOSTS, INC may modify any of the terms and conditions contained in this Agreement and any policy or guideline incorporated by reference, at any time in its sole discretion and may also determine whether and when the modifications apply to existing or future customers. Any modifications are effective upon posting of the revisions on the DEALERHOSTS, INC Website (the "Site"). DEALERHOSTS, INC may post modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following DEALERHOSTS, INC posting of any modifications constitutes your acceptance of the modifications.
1.1. Term. This Agreement will be in effect for an "Initial Term" of either: (a) 30 days if you register for Shared Hosting Services, (b) 12 months from the order date if you register for Dedicated Hosting or Co-Location Services, at the time you register for the Services. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term, unless you provide DEALERHOSTS, INC with notice of termination either: (a) at least 7 days before the end of the Initial Term or the Renewal Term, whichever is then applicable, if you registered for and are receiving Shared Hosting Services other than Shared Hosting Services pre-paid for a 1-year period, or (b) at least 30 days before the end of the Initial Term or Renewal Term, whichever is then applicable, if you registered for and are receiving Dedicated Hosting Services or have pre-paid for a one-year period of Shared Hosting Services. You must provide DEALERHOSTS, INC with your notice of termination by emailing your notice to firstname.lastname@example.org. Upon emailing your notice, you will be required to provide DEALERHOSTS, INC with sufficient customer identification information so that DEALERHOSTS, INC may properly identify you and your account. Any notice of termination will be effective upon DEALERHOSTS, INC's receipt of notice.
1.2. Termination Policy. If you terminate the Services before the end of the Initial Term or the Renewal Term, whichever is then applicable: (a) DEALERHOSTS, INC will not refund to you any fees paid in advance of termination, and (b) you will be required to pay the lesser of 3 times the standard monthly charge or 100% of DEALERHOSTS, INC's standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement. But if you have pre-paid for a 1-year period of Shared Hosting Services, you are entitled to a prorata refund of the remaining months in the annual period, calculated at the standard monthly rate for the Shared Hosting Services, not the discounted annual rate. You must submit your termination request to DEALERHOSTS, INC in the manner described in Section 1.1. DEALERHOSTS, INC may terminate this Agreement at any time for any reason. If DEALERHOSTS, INC terminates this Agreement, DEALERHOSTS, INC will refund to you the pro-rata portion of pre-paid fees attributable to Services not yet rendered as of the termination date, unless otherwise expressly provided in this Agreement.
1.3. Liability and Obligations on Termination. If the Agreement expires or is terminated for any reason, DEALERHOSTS, INC is not liable to you because of the expiration or termination for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, DEALERHOSTS, INC will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to DEALERHOSTS, INC under this Agreement.
1.4. Charges. You will pay all charges for your use of the Services at the then current DEALERHOSTS, INC prices, which will be exclusive of any applicable taxes. 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.
1.5. Payment. You will pay all charges for Services in advance according to the then current price for the Services. When registering for Services, you must agree to pay for the Services by credit card (or, as an exception which must be requested in writing, upon your receipt of an invoice). In providing details of your credit card, you authorize DEALERHOSTS, INC to charge your credit or debit card to pay for any charges that may apply to your account. DEALERHOSTS, INC may accumulate any supplemental charges that you incur in your use of the Services ("Supplemental Charges") until the charges exceed $20 and then charge your card. You must notify DEALERHOSTS, INC 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 DEALERHOSTS, INC from charging your account. If you gain agreement to be invoiced for Services, DEALERHOSTS, INC will send an invoice to you for the Services for the period for which you have registered for the Services. DEALERHOSTS, INC may also send periodic invoices to you for any applicable Supplemental Charges associated with your use of the Services. You will pay to DEALERHOSTS, INC the amount indicated in each invoice by the due date reflected on the invoice. If you fail to pay any fees and taxes within 10 days from the applicable due date for credit card or invoice payments, DEALERHOSTS, INC will assess late charges equal to the lesser of 0.015% per day or $20 per day. Your failure to fully pay any fees and taxes within 10 days after the applicable due date is a material breach of this Agreement, justifying DEALERHOSTS, INC in suspending its performance and terminating this Agreement. If DEALERHOSTS, INC terminates for your material breach, you must still pay past due fees plus interest. You are responsible for any costs DEALERHOSTS, INC incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees. If you reinstate Services, you must pay any fees associated with reinstating Services.
1.6. Thirty (30) Day Guarantee. If you are not fully satisfied with the Services, you may terminate this Agreement at any time during the first 30 days from your initial order date and receive a full refund of all payments you made to DEALERHOSTS, INC for the Services. To receive your refund, you must terminate this Agreement in the manner described in Section 1.1 and cease using the Services, and DEALERHOSTS, INC must receive your termination notice within the 30-day period. Your notice must describe why you are not satisfied with the Services.
2.1. Applicable Policies. DEALERHOSTS, INC’s Online Privacy Statement governs how DEALERHOSTS, INC collects, stores, processes and uses information associated with your use of the Services. The Online Privacy Statement are posted on DEALERHOSTS, INC's website at www.dealerhosts.com (or such other location as DEALERHOSTS, INC may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE POLICIES. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND ANY MODIFICATIONS TO THE TERMS. DEALERHOSTS, INC MAY TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THIS AGREEMENT.
2.2. Material and Product Requirements. You must ensure that all material and data placed on DEALERHOSTS, INC's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by DEALERHOSTS, INC. DEALERHOSTS, INC will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", DEALERHOSTS, INC may reject this material. DEALERHOSTS, INC will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy DEALERHOSTS, INC's requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. DEALERHOSTS, INC does not provide this knowledge or customer support within the scope of this Hosting Agreement.
2.3. Bandwidth and Storage Usage. For Services, you will not exceed the bandwidth and storage usage limits specified. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, DEALERHOSTS, INC may in its sole discretion assess you with additional charges, suspend the Service or terminate this Agreement. If DEALERHOSTS, INC elects to take any corrective action, DEALERHOSTS, INC will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth and storage usage exceeding the limits in the Order Form and resultant charges.
2.4. Domain Names. As part of the Services, you will provide DEALERHOSTS, INC with a registered domain name or names, or DEALERHOSTS, INC will register domain name(s) you select if the domain name is available for registration and does not violate any ICANN’s (The Internet Corporation for Assigned Names and Numbers) or ICANN accredited registrars' policies, or any law or regulation. You will promptly reimburse DEALERHOSTS, INC for any fees DEALERHOSTS, INC pays to an ICANN accredited registrar or other registration services for registering and maintaining the domain name(s). If any dispute or cause of action arises out of or is related to your domain name used in connection with the Services, then upon your request, DEALERHOSTS, INC will attempt to register with an ICANN accredited registrar or other registrar an alternative domain name you chose. Upon registering your domain name, you are bound by the terms of the ICANN accredited registrar used by DEALERHOSTS, INC then current domain name policy and the policies of the national DNS registration authorities. DEALERHOSTS, INC will not refund any fees you paid with respect to the registration of a domain name you are unable to use.
2.5. Security. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, DEALERHOSTS, INC will immediately suspend Service. You will pay any charges resulting from the cost to correct security breaches affecting DEALERHOSTS, INC or any of its other customers.
2.6. Commercial Advertisements via E-Mail. You will not use DEALERHOSTS, INC services, your account or server to send or facilitate in any way the transmission of unsolicited commercial email. DEALERHOSTS, INC will enforce substantial penalties, including charging you for related network costs and terminating your account, for violations.
3.1. Your License Grant to DEALERHOSTS, INC. You grant to DEALERHOSTS, INC a non-exclusive, worldwide, and royalty-free license for the Initial Term and the Renewal Term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly: (a) grant to DEALERHOSTS, INC a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that this caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
3.2. Your Warranties And Representations to DEALERHOSTS, INC. You warrant, represent, and covenant to DEALERHOSTS, INC that:
3.3. DEALERHOSTS, INC Materials And Intellectual Property. All materials, including any computer software (in object code and source code form), data or information that DEALERHOSTS, INC or its suppliers or agents develop or provide under this Agreement, and any know-how, methodologies, equipment, or processes DEALERHOSTS, INC uses to provide the Services to you, including all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto will remain DEALERHOSTS, INC's or its suppliers' sole and exclusive property. DEALERHOSTS, INC will also maintain and control ownership of all Internet protocol ("IP") numbers and addresses that DEALERHOSTS, INC may assign to you. DEALERHOSTS, INC may in its sole discretion change or remove any and all IP numbers and addresses.
4.1. Investigation of Violations. DEALERHOSTS, INC may investigate any reported violation of this Agreement, or its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers or third parties. DEALERHOSTS, INC will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.
4.2. Actions. DEALERHOSTS, INC may restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or that potentially violates any laws. If DEALERHOSTS, INC becomes aware that you have possibly violated this Agreement, any related policies or guidelines, third party rights or laws, DEALERHOSTS, INC may immediately take corrective action, including: (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on DEALERHOSTS, INC 's systems, and (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by DEALERHOSTS, INC that, in DEALERHOSTS, INC's sole discretion, may violate or infringe any law or third-party rights or that otherwise exposes or potentially exposes DEALERHOSTS, INC to civil or criminal liability or public ridicule. It is DEALERHOSTS, INC's policy to terminate repeat infringers. These rights of action, however, do not obligate DEALERHOSTS, INC to monitor or exert editorial control over the information made available for distribution via the Services. If DEALERHOSTS, INC takes corrective action because of a possible violation, DEALERHOSTS, INC will not refund to you any fees you paid in advance of the corrective action.
4.3. Disclosure Rights. To comply with applicable laws and lawful governmental requests, to protect DEALERHOSTS, INC's systems and customers, or to ensure the integrity and operation of DEALERHOSTS, INC's business and systems, DEALERHOSTS, INC may access and disclose any information it considers necessary or appropriate, including, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on DEALERHOSTS, INC's servers and systems. DEALERHOSTS, INC may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. To the extent any inconsistency exists between any terms of DEALERHOSTS, INC's Online Privacy Statement and DEALERHOSTS, INC's right to disclose under this section, DEALERHOSTS, INC's right to disclose under this section will prevail.
DEALERHOSTS, INC exercises no control over, and accepts no responsibility for, the content of the information passing through DEALERHOSTS, INC's host computers, network hubs and points of presence, or the Internet. 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. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, DEALERHOSTS, INC 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.
6.1. Limitations. IN NO EVENT WILL DEALERHOSTS, INC 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 DEALERHOSTS, INC NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO DEALERHOSTS, INC's OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF DEALERHOSTS, INC HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF DEALERHOSTS, INC AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO DEALERHOSTS, INC UNDER THIS AGREEMENT DURING THE 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 DEALERHOSTS, INC UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE DEALERHOSTS, INC AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1.
6.2. Interruption of Service. DEALERHOSTS, INC and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, DEALERHOSTS, INC 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, customer delays in providing content or third-party supplier failure).
6.3. Backups and Disaster Recovery. DEALERHOSTS, INC is not responsible for any backups unless hired by the customer to extra charges based on the customer’s needs.
6.4. Support Process. All technical problems involving the Services initially shall be referred by Customer to the DEALERHOSTS, INC by email or phone during normal business hours. DEALERHOSTS, INC shall log and document all failures reported to DEALERHOSTS, INC. After the failure is logged and documented, DEALERHOSTS, INC shall advise Customer of the severity level which DEALERHOSTS, INC has assigned to the failure. DEALERHOSTS, INC shall attempt to duplicate and correct the problem at the datacenter facilities. If DEALERHOSTS, INC is unable to duplicate the problem described by the Customer, DEALERHOSTS, INC will, upon request, provide samples of the output from its attempts to duplicate the problem, and DEALERHOSTS, INC will make a reasonable attempt to determine the problem and furnish an explanation to Customer.
6.5. Service Level Agreement
6.5.1. Goal: Our goal is to strive for an environment that supports, as close as possible, a 100% website availability for all customers.
6.5.2. Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of website availability caused by or associated with the following:
- a) circumstances beyond DEALERHOSTS, INC's reasonable control, including, without limitation, customer not supplying content in a timely manner, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
- b) failure of access circuits to the DEALERHOSTS, INC servers;
- c) scheduled maintenance and emergency maintenance and upgrades;
- d) DNS issues outside the direct control of DEALERHOSTS, INC;
- e) issues with FTP, POP, or SMTP customer access;
- f) false SLA breaches reported as a result of outages or errors of any DEALERHOSTS, INC monitoring system;
- g) customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, providing content, signing of paperwork or failure to read Terms of Service and Policies, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of DEALERHOSTS, INC contractual agreements;
- h) e-mail or webmail delivery and transmission;
- i) DNS (Domain Name Server) Propagation;
- j) Outages elsewhere on the Internet that hinder access to your account.
DEALERHOSTS, INC is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. DEALERHOSTS, INC will guarantee only those areas considered under the control of DEALERHOSTS, INC: DEALERHOSTS, INC server links to the Internet, DEALERHOSTS, INC routers, and DEALERHOSTS, INC servers.
6.5.3. Credit Request and Payment Procedures: To receive a credit, the customer must make a request by sending an e-mail message to email@example.com. The e-mail message MUST include the domain name of the customer's account in the "Subject" line. Each request in connection with this SLA must include the customer's name and the dates and times of the unavailability of customer's website and must be received by DEALERHOSTS, INC within ten (10) business days after the customer's website was not available. If the unavailability is confirmed by DEALERHOSTS, INC, credits will be applied within two billing cycles after DEALERHOSTS, INC receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges. Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by DEALERHOSTS, INC and are customer's sole and exclusive remedy with respect to any failure or deficiency in the website availability of customer's website. Note: Credits are not refundable and can be used only towards future billing charges.
You release and hold harmless, and agree to indemnify, DEALERHOSTS, INC and its affiliates and suppliers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by DEALERHOSTS, INC or its suppliers, arising out of or relating to:
8.1. Entire Agreement. This Agreement, in conjunction with all policies and guidelines incorporated by reference, constitutes the entire agreement between you and DEALERHOSTS, INC with respect to the subject matter of the Agreement, and there are no representations, understandings or agreements that are not fully expressed in this Agreement and the related policies and guidelines.
8.2. No Fiduciary Relationship; No Third-Party Beneficiaries. DEALERHOSTS, INC is not the agent, fiduciary, trustee or other representative of you. Except for the rights of DEALERHOSTS, INC's suppliers under sections 6 and 7, nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person (other than the parties to this Agreement) any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of its representations, warranties, covenants, conditions and provisions are intended to be and are for the sole and exclusive benefit of the parties to this Agreement.
8.3. Amendments. Except as expressly provided in this Agreement, no amendment, change, waiver, or discharge of this Agreement is valid unless in writing and signed by the parties.
8.4. Identification. DEALERHOSTS, INC may, free of any obligation to pay compensation, use your name and identify you as a DEALERHOSTS, INC customer, in advertising, publicity, or similar materials distributed or displayed to prospective customers.
8.5. Choice of Law and Forum. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN SANTA BARBARA COUNTY, CALIFORNIA AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF THESE COURTS.
8.6. Compliance with Laws. You will comply with all applicable laws and regulations and will indemnify and save DEALERHOSTS, INC harmless from your failure to so comply. DEALERHOSTS, INC will not have to perform any obligations set forth in this Agreement if the performance would violate any present or future law, regulation or policy of any applicable government.
8.7. Non-Assignment. You may not assign this Agreement or any right or obligation under this Agreement, by operation of law or otherwise, without DEALERHOSTS, INC's prior written consent. DEALERHOSTS, INC may assign its rights and obligations under this Agreement, and may utilize affiliates and agents in performing its duties and exercising its rights, without your consent. This Agreement shall be binding upon and inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
8.8. No Waiver. DEALERHOSTS, INC's failure to enforce the strict performance of any provision of this Agreement does not constitute a waiver of DEALERHOSTS, INC's right to subsequently enforce the provision or any other provisions of this Agreement.
8.9. Severability. If any term or provision of this Agreement is deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement, if applicable, will remain in full force and effect and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, the term or provision will remain in full force and effect with respect to all other applications.
8.10. Headings. The section headings used in this Agreement are for reference and convenience only and will not enter into the interpretation of the Agreement.
8.11. 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.
BY USING THE SERVICES YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT DEALERHOSTS, INC WILL TREAT YOUR USE OF THE SERVICES AS ACCEPTANCE OF THE TERMS OF THIS AGREEMENT FROM THE TIME YOU BEGIN TO USE SERVICES ONWARD.
For each visitor to our Web page, our Web server automatically recognizes only the consumer's domain name or IP address, but not the e-mail address. Unless otherwise stated on our web site, we collect only the domain name or IP address of visitors to our Web page, the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and registrations to access portions of the site and their related services or to set up an DEALERHOSTS, INC account.
The information we collect is used to create an aggregate demographic profile of our user base so that we can improve the content and services of our Web site and provide aggregate information to potential advertisers (no individual information is provided to any third-party without your consent), to customize the content and/or layout of our page for each individual visitor, to notify consumers about updates to our Web site and services, to send visitors our opt-in e-mail newsletter(s) (if requested by the visitor), to provide users with the products and/or services for which they signed-up or registered which may include sending service disruption notices or other service- or product-related information via e-mail, and is not shared with other organizations for commercial purposes without the visitor's consent.
DEALERHOSTS, INC is not an email list, address list or phone list rental service and does not rent or sell any addresses or other contact information that you provide or collect regarding your list members. At all times, you retain ownership and control of your lists and list information.
All of our direct response methods are opt-in. If you subscribed to our e-mail newsletter(s) but do not want to receive it in the future, please follow the "unsubscribe" instructions contained in the newsletter(s).
If you supply us with your postal address on-line, we will use it to send you the information for which you provided us your address. If you supply us with your telephone number on-line, we will use it to contact you with information regarding your account, orders your have placed, or with information regarding your inquiry. We may send you information about additional services that we offer, but we will not rent or sell your contact information to any third parties without your permission.
DEALERHOSTS, INC supports ONLY permission-based email management practices. In this regard, DEALERHOSTS, INC has implemented various policies and procedures that:
Spam is unsolicited commercial email, junk mail or bulk mail that has not been requested by the recipient. In addition to being perceived as intrusive, irrelevant and often offensive, it is also typical that spam emails do not contain an option to unsubscribe from the mailing list. Simply put, spam is the opposite of permission-based emails -- those that are requested, anticipated, personal and relevant.
Users must abide by a strictly enforced Terms of Service. In the "Limitations On Your Use Of DEALERHOSTS, INC's Services" section of the Terms of Service, it clearly states our policy with respect to spam: "You may not use the DEALERHOSTS, INC Services or the products or services provided through or in connection with the DEALERHOSTS, INC Services to send unsolicited bulk email, for commercial or non-commercial purposes. Unsolicited bulk email is defined as email sent to more than 10 individuals without their permission."
Also, users must accept that an unsubscribe option will be automatically appended to every email sent via DEALERHOSTS, INC Services. This is not an option. In the event that a user violates any one of our usage rules, or for any other reason deemed appropriate by DEALERHOSTS, INC, DEALERHOSTS INC reserves the right to suspend or terminate, without notice, access to the user's account and all related data.
DEALERHOSTS, INC encourages its users to create and manage "opt-in" subscriber lists. By building and using an "opt-in" subscriber list, users can be certain that they are sending emails to recipients that have expressly given their permission to do so.
It is also important to note that subscribers receiving email campaigns by users will only see their names in the header -- all other email addresses are not viewable which makes them safer from unsolicited email abuse via other recipients of the same email campaign.
If a complaint is received regarding unsolicited emails being sent from our DEALERHOSTS, INC tools, an immediate investigation is undertaken:
DEALERHOSTS, INC takes permission marketing very seriously. Thank you for reviewing our Anti-Spam Policy.
These Recorded Call Services Terms and Conditions supplement the Voice Services Terms and Conditions implemented by DEALERHOSTS, INC and apply to any Customer using the Recorded Call Services. Any capitalized terms used herein but not defined shall have the meaning ascribed to it in the Voice Services Terms and Conditions.
In connection with its use of the Recorded Call Services, Customer acknowledges and agrees that:
DEALERHOSTS, INC may modify the terms and conditions of this Agreement by posting the revised terms and conditions to its website. Customer's continued participation in the Service following such changes signifies Customer's acceptance of such modification.