THIS AM-HOSTING WEBSITE AND ALL SOFTWARE, TOOLS, INFORMATION, PRODUCTS AND SERVICES PROVIDED BY AM-HOSTING (COLLECTIVELY, “SERVICES”) ARE GOVERNED BY THESE TERMS OF SERVICE. BY USING THIS WEBSITE, OR USING OR RECEIVING ANY SERVICES FROM AM-HOSTING, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. AM-HOSTING MAY CHANGE THESE TERMS OF SERVICES AT ANY TIME BY POSTING SUCH CHANGES ON THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO PERIODICALLY REVIEW THESE TERMS OF SERVICES AND YOUR CONTINUED USE OF THIS WEBSITE, OR CONTINUED USE OR RECEIPT OF ANY SERVICES FROM AM-HOSTING, SHALL CONSITUTE YOUR ACCEPTANCE OF ANY CHANGES TO THESE TERMS OF SERVICE.
Ordering of Services. All Services shall be provided to you pursuant to an order placed by you and accepted by AM-Hosting. Each order shall describe the Services to be provided by AM-Hosting, the term during which the Services will be provided and the fees to be paid by you for such Services. Each order shall include credit card information pursuant to which you will be charged in advance for Services. You warrant and represent that all information contained in your order is complete and accurate. All orders shall be governed by these Terms of Service. Any provision of an order which purports to alter or modify these Terms of Service shall be void.
Use of Website and Services. You warrant and represent that (a) your use of this website and all Services will be conducted in full compliance with all applicable laws, regulations, ordinances and court orders, (b) you will not use this website or any Services to create, upload, download, store, publish, distribute, broadcast or otherwise disseminate any information, data or content that infringes, misappropriates or otherwise violates any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity or any other intellectual property right, (c) you will not use this website or any Services to create, upload, download, store, publish, distribute, broadcast or otherwise disseminate any pornographic, sexually-explicit (including nudity or activities associated with adult entertainment or content), offensive, libelous or slanderous information, data or content, (d) you will not use this website or any Services to create, upload, download, store, publish, distribute, broadcast or otherwise disseminate any viruses, corrupted files, malware, or any other similar software or programs that may damage or impair the operation of any computer, (e) you will not use this website or any Services in any manner which could damage, disable, overburden or otherwise impair the ability of AM-Hosting to make this website or any Services available to other users or to interfere with the use and enjoyment of this website or any Services by other users, and (f) you will not attempt to gain unauthorized access to any Services, accounts or information of AM-Hosting or any other users. Determinations related to acceptable use will be made solely based on the opinion of AM-Hosting.
Modification or Discontinuation of Services. You acknowledge and agree that AM-Hosting may modify or discontinue any or all features of this website or the Services immediately and without notice to you. In the event that you are dissatisfied with any material modifications to the Services, your sole and exclusive remedy will be to terminate Services and request a pro rata refund of any prepaid fees.
Suspension or Termination of Services. You acknowledge and agree that AM-Hosting may suspend or terminate your access to this website and the provision of Services to you immediately and without notice in the event that AM-Hosting determines in its sole discretion that you have violated any of these Terms of Service.
Third Party Software. You acknowledge and agree that by using this website, or using or receiving any Services, you may be allowed or required to access and use certain third party software. All third party software is made available to you pursuant to the terms and conditions of use of the applicable third party supplier. You warrant and represent that your use of any such third party software will at all times conform to the terms and conditions of use of the applicable third party supplier and that your use of any such third party software will constitute acceptance of such terms and conditions of use. You acknowledge and agree that AM-Hosting makes no warranties or representations regarding the performance of any third party software and that you are solely responsible for determining the suitability of any third party software for your business needs. Third Party Websites. This AM-Hosting website may contain links to third party websites. Any such links are provided solely as a convenience to you, and the inclusion of any such links does not imply endorsement by AM-Hosting of any third party websites or any association between AM-Hosting and the operators of any third party websites. Any such third party web- sites are not under the control of AM-Hosting, and AM-Hosting is not responsible for the content of any such third party websites or any damages incurred by you as a result of your using any such third party websites.
Data Backup and Transition Services. You acknowledge and agree that you are solely responsible for the protection and backup of all your information, data and content. You further acknowledge and agree that prior to the termination of any services from AM-Hosting, you will be responsible for the transition of all your information, data and content to your own server or a third party service provider. In the event that you require assistance from AM-Hosting in accessing or transitioning any of your information, data and content, such transition services shall be provided at the sole option of AM-Hosting at the then current rates charged by AM-Hosting for such services. Notwithstanding the foregoing, AM-Hosting shall not be liable to you or any third party for the loss of any information, data or content.
Use of AM-Hosting Name and Trademarks. You acknowledge and agree that nothing contained herein shall be construed as a license to use the trademarks AM-Hosting, DotNetNuke or any other trademark or name of AM-Hosting or its suppliers. You further acknowledge and agree that you may not reference AM-Hosting or its suppliers in any promotional materials or press releases without the prior written consent of AM-Hosting, which permission may be withheld or withdrawn in the sole discretion of AM-Hosting. Indemnification. You agree to indemnify, defend and hold harmless AM-Hosting, its directors, officers, shareholders, employees, agents and suppliers from and against all claims, damages and liabilities arising out of or relating to your use of this website, your receipt or use of any Services or your violation of these Terms of Service.
Disclaimer of Warranties. YOU AKNOWLEDGE AND AGREE THIS WEBSITE AND ALL SERVICES PROVIDED TO YOU BY AM-HOSTING AND ITS SUPPLIERS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT AM-HOSTING DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ANY SERVICES, WILL MEET YOUR REQUIREMENTS, OR THAT THE RECEIPT OR USE OF THIS WEBSITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AM-HOSTING HEREBY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Disclaimer of Consequential Damages and Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT AM-HOSTING AND ITS SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR COVER DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AM-HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AM-HOSTING AND ITS SUPPLIERS WILL NOT BE LIABILE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE, THE USE OR INABILITY TO USE ANY SERVICES, THE PROVISION OR FAILURE TO PROVIDE ANY SERVICES, ANY LOSS OF PROFITS, ANY LOSS OF INFORMATION, DATA OR CONTENT, OR ANY LOSS OF GOODWILL. IN THE EVENT THAT YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THIS WEBSITE OR THE APPLICABLE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Survival. Provisions contained in these Terms of Service relating to use of trademarks, proprietary rights, disclaimer of warranties, limitation of liability, indemnification, choice of law, exclusive jurisdiction and attorneys fees shall survive the expiration or termination of Services.
Assignment. You may not assign any of your rights or obligations under these Terms of Service, or resell any Services provided to you by AM-Hosting, without the prior written consent of AM-Hosting which may be withheld in the sole discretion of AM-Hosting.
Proprietary Rights. You acknowledge and agree that AM-Hosting and its suppliers are the sole owners of all right, title and interest in and to the Services and any deliverables and work product provided to you by AM-Hosting. Nothing contained in these Terms of Service, or any ordering documents, shall be construed to assign, transfer or convey to you any right, title or interest in or to any Services, deliverables or work product, or any patent, copyright, trademark, trade secret or other intellectual property right of AM-Hosting or its suppliers.
Choice of Law and Exclusive Jurisdiction. These Terms of Service shall be interpreted under the laws of the State of Nebraska without reference to its conflict of laws rules. You acknowledge and agree that any cause of action or litigation involving this website, any Services, these Terms of Service, or any claims arising hereunder, shall be filed exclusively in federal or state court in Douglas County, Omaha, Nebraska, and you hereby irrevocably consent to the jurisdiction of any court in Douglas County, Nebraska.
Independent Contractors. Under these Terms of Service, you and AM-Hosting will be independent contractors, maintaining complete control over their own personnel and operations. Under no circumstances will these Terms of Service be deemed to create a partnership or joint venture between you and AM-Hosting, or to make you or AM-Hosting the agent or legal representative of the other, or to create any fiduciary relationship between you and AM-Hosting. You agree that you will not make any representations to any third parties on behalf of AM-Hosting nor will you purport to act on behalf of AM-Hosting or otherwise purport to bind AM-Hosting to any agreement or obligations.
Force Majeure. AM-Hosting will not be liable to you for any delay in the performance of any obligations hereunder, when such delay is the result of or attributable to the elements, acts of nature, governmental authority, delays in transportation, supplier delays in providing parts or products or problem solutions, interruptions in any cable, wireless, telecommunications or Internet services, or any other cause beyond the reasonable control of AM-Hosting.
Attorneys Fees. In the event that it becomes necessary for AM-Hosting to institute any action at law and/or in equity against you to secure or protect its rights under these Terms of Service, AM-Hosting shall be entitled to recover on any judgment entered therein in its favor such reasonable attorneys fees as may be allowed by the court, together with such court costs and damages as provided by law.
No Waiver. The failure to enforce or to require the performance at any time of any provision of these Terms of Service shall not be construed as a waiver of such provision and shall not affect either the validity of these Terms of Service or the right of AM-Hosting to subsequently enforce these Terms of Service.
Headings. Any section headings or captions appearing in these Terms of Service are included solely for convenience of reference and shall not be construed or interpreted to affect the meaning or interpretation of these Terms of Service.
Severability. In the event that any provision of these Terms of Service is deemed unenforceable by a court or administrative agency of proper jurisdiction, the balance of these Terms of Service shall continue in full force and effect, and the unenforceable provision(s) shall be deemed replaced by a provision(s) that carries out the intent of the parties to the maximum extent enforceable.
Entire Agreement and Understanding. These Terms of Service are the complete and exclusive statement of the agreement and understanding between AM-Hosting and you. You acknowledge and agree that the terms and conditions contained herein supersede all proposals, prior agreements, oral or written representations, and all other communications between you and AM-Hosting relating to this website, the Services and the subject matter of these Terms of Service.