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USER POLICIES
 
Privacy PolicyConcerned about your privacy? Here is DiscountASP.NET's Privacy Policy
Hosting Terms and ConditionsAll DiscountASP.NET web hosting customers are subject to our Hosting Terms and Conditions.
TFS Terms and ConditionsAll DiscountASP.NET TFS Hosting customers are subject to our TFS Terms and Conditions.
Domain Registration AgreementAgreement for customers who register a domain name through DiscountASP.NET.
Acceptable Usage PolicyBy becoming a DiscountASP.NET customer, all users agree to abide by the Acceptable Usage Policy.
Affiliate Program AgreementBy joining the DiscountASP.NET Affiliate Program, all Affiliates agree to abide by the Affiliate Program Terms and Conditions.
 
HOSTING TERMS AND CONDITIONS
 
This Terms and Conditions Agreement (Agreement) is between DiscountASP.NET (DASP, we, us, our) and the individual or entity to whom DASP provides services (Customer, you, your). This Agreement consists of this Terms and Conditions Agreement, the Acceptable Usage Policy (AUP), the Privacy Policy and any other Agreements which reference this Agreement. The Incorporated Agreements are incorporated into this Agreement by reference. You are responsible for including these provisions in your agreements with your customers and users (End Users), and for all acts of your End Users under this Agreement.

The Effective Date of this Agreement is the date indicated in the account activation order form (Order Form). The Order Form is completed by Customer online when ordering Services (as that term is defined in this Agreement). The Term of this Agreement is set out on the web page describing the Services (Term). Customer consents to be bound by this Agreement by submitting the Order Form and using the Services. Customer consents to any revisions to this Agreement or Incorporated Agreements by continuing to use the Services.

1. Services.
DASP’s web site sets out the technical specifications, term and pricing for the services it provides to Customer. Throughout this Agreement and Incorporated Agreements these are referred to as “Services.” Certain aspects of the Services may be provided by third parties. If it is necessary to identify these aspects separately in this Agreement, they are referred to as “Third Party Services.”

Customer’s use of the Services must not exceed that of similarly situated customers (Fair Use). If Customer’s use of the Services exceeds the Fair Use threshold, DASP will notify Customer by email. Customer will have 2 days from the date on which Customer exceeds Fair Use to modify its use of the Services so as not to exceed Fair Use. If Customer fails to take this action, DASP may assess Customer additional fees based on the costs associated with Customer’s acts. DASP may also terminate this Agreement at such time. DASP may also terminate this Agreement, or suspend the Services, if by exceeding Fair Use Customer endangers DASP’s network or its ability to provide Services to other customers. To the extent that Customer’s use of the Services exceeds the Fair Use threshold, and this use endangers DASP’s ability to provide services to other customer, or its network in general, DASP may take action to mitigate this disruption without prior notice to Customer.

The following provisions govern certain Services:

1.1. Domain Name Registration.
In addition to the terms and conditions of this Agreement, all domain name registrations Customers register through us are subject to, and our Customers and bound by, the terms and conditions applied by any registrar DASP may use to register domains (Registrar). Customer is bound by the Registrar’s terms and conditions for each domain name Customer applies to have registered. The terms and conditions, as supplied by the Registrar, is posted here Domain Registration Agreement, the ICANN Uniform Domain Name Dispute Resolution Policy is posted at http://www.icann.org/en/help/dndr/udrp/policy, and the Registrant Rights and Responsibilities Under the 2009 Registrar Accreditation Agreement is posted at http://www.icann.org/en/resources/registrars/registrant-rights/benefits. ICANN also provided the Registrant with educational materials posted at http://www.icann.org/en/resources/registrars/registrant-rights/educational

Neither DASP, nor the Registrar, warrants or guarantees that the domain name Customer applies for will be registered, or will be capable of registration, even if a “who is” search indicates that the domain name is available. It is important that Customer take no action related to a domain name that it has applied for until Customer has received and reviewed the Registrar’s receipt and confirmed that the domain name is actually registered.

DASP accepts no responsibility for Customer’s use of a domain name. Any and all disputes related to a domain name, between Customer, on the one hand, and the Registrar or third parties on the other, are the responsibility of the Customer. DASP will not participate in such a dispute and is not obligated to provide assistance to Customer in the event of such a dispute. DASP reserves the right, at DASP’s sole and exclusive discretion, to either suspend or cancel the domain name.

It is Customer’s obligation to ensure that DASP is provided with full and complete information to register a domain name and to renew it. As a courtesy to Customer and without prior notice, DASP will attempt to renew Customer’s domain name 5 days before it is set to expire. If a renewal is successful, Customer’s account will be charged for this renewal. DASP assumes no responsibility for a domain name renewal. Customer agrees to independently monitor the expiration date of any domain name.

Domain name registration fees are $15 per year and are not refundable. If you terminate this Agreement prior to the expiration of your domain name registration, we will provide you with tools to manage your domain. We have no liability should you fail to use these tools to prevent the expiration of your domain name.

Customer may only register domain names for its own account. Customer may not register domain names for End Users or third parties.

Should the customer lose domain name rights due to non-payment, DASP will charge a $40 fee to recover the domain rights. If the domain name expires, the domain name enters a grace period, then redemption period, then the deletion period. If the domain is in the grace period and the customer desires to renew the domain, DASP will charge a $40 fee for the domain renewal. If the domain is in the redemption period and the customer desires to renew the domain, DASP will charge a $125 fee for the domain renewal. If the domain is in the deletion period, DASP can no longer renew the domain. To enquire about or to renew an expired domain, the customer can contact our Billing department.

1.2. APIs.
APIs are experimental, may change, and/or may be discontinued without any notice. DASP may limit availability of certain aspects of an API, and this may cause the API not to work, or to work in ways neither anticipated nor used by Customer. DASP may block certain IP addresses from using or accessing the APIs.

DASP may charge, or change, fees for the APIs. Customer may cease using the APIs if DASP charges or changes fees for the APIs, but Customer may not terminate this Agreement based on that fact.

1.3. Configuration.
The Services, and any hardware, are configured by DASP. Customer is solely responsible for determining whether this configuration is suitable for Customer’s intended use.

1.4. Back up.
DASP provides data backup to supplement Customer’s own disaster recovery and back up programs (Back Up). Back Up Services are not a substitute for Customer’s own efforts. Customer understands that Back Up Services may be incomplete or ineffective, and that restoring data using the Back Up Services may not recreate the configuration of Customer’s data as it existed prior to restoration.

1.5. IP Addresses.
DASP provides Customers with one dynamic IP address (Dynamic IP). Dynamic IPs may be changed by DASP at any time. Customer may purchase a static IP address from DASP (Static IP). DASP will use reasonable efforts to provide advance notice to Customer prior to any change of a Static IP. Neither a Dynamic IP nor a Static IP provided by DASP may be transferred or assigned by Customer. Both Dynamic IPs and Static IPs are governed by the terms and conditions imposed on DASP by ARIN or RIPE. Customer may not terminate this Agreement should a change of either ARIN’s or RIPE’s rules and regulations alter this provision of the Agreement.

2. 30-Day Money Back Guarantee.
The Service carries a 30-day satisfaction guarantee (Guarantee). The Guarantee applies to your initial order, and the addition of any subsequent Services. It excludes Third Party Services such as domain names, additional bandwidth and one time fees. To cancel the qualifying Service and receive a refund, Customer must contact DASP within 30 days from the Effective Date for the particular Service. The Guarantee only applies to the first 30 days of an individual Service. For example, if Customer agrees to purchase a Service on day 1 and orders an additional Service on day 45, on day 50 Customer may only take advantage of the Guarantee for the second Service, and remains responsible for the first ordered Service, since the Guarantee period for the first Service has expired. The Guarantee excludes domain names, bandwidth add-ons, and any other third party Services resold by DASP. If Customer terminates pursuant to this section, but wishes to retain these resold Services, their cost will be deducted from Customer’s refund at DASP’s regular, non-discounted, price.

3. Fraud Prevention and Security Screening.
DASP uses multiple technologies to screen orders for fraud. Each request for new or additional Services is subject to fraud screening. DASP is not obligated to provide the Services to Customer unless and until the information Customer provides to DASP satisfies DASP’s fraud prevention controls. Should Customer fail to satisfy DASP’s fraud controls, Customer may remain responsible for Third Party Services ordered. DASP is not responsible, and Customer agrees to hold DASP harmless from, any liability or damage that Customer or any third party may sustain, should Customer fail to meet the criteria of the fraud prevention controls.

DASP uses industry standard methods to secure the Services and its network. Customer is required to cooperate with DASP’s efforts to maintain this security. Customer is also required to report security deficiencies, viruses, and other network issues to DASP. These incidents may be reported to DASP at this address: abuse@discountasp.net

If, in our sole discretion, we determine that our Services have been compromised by a security breach (Breach), we shall provide you with notice of the Breach within 24 hours after such determination (Breach Notification). It may be necessary to suspend the Services to cure, mitigate and investigate the Breach. We shall not be liable for any loss Customer may incur as a result of such suspension. The information contained in the Breach Notification may be of a preliminary and unconfirmed nature, and you rely on it at your own risk. All information you receive in connection with the Breach, including the Breach Notification, is confidential. We both agree to cooperate in investigating the Breach, but if our cooperation requires an inordinate expenditure of time and resources or we are asked to participate in a government investigation, we may be required to bill you at our standard consulting fees.

4. Ownership.
Customer is required to provide the contact information set out in the Order Form and in DASP’s control panel (Customer Information). Customer warrants that the Customer Information is accurate and up to date. DASP will use the Customer Information to determine ownership of the Services. If there is a dispute concerning ownership of the Services, DASP may freeze Customer’s account until such time as the dispute is resolved by the parties.

If aspects of the Services are administered by Customer on behalf of another person or entity, Customer warrants that it will administer these Services in good faith. Customer further agrees to indemnify DASP against all losses and liabilities sustained by DASP should Customer administer the account in ways that are adverse to End Users and result in any claim against DASP.

5. Fees.
The Fees for a particular Service are set out on the Order Form of each individual Service (Fees). Fees are guaranteed for the current Term. Should DASP change the Fees during the Term, such changes will not take effect until the beginning of the next Renewal Term. From time to time, DASP may offer special promotions with regard to the Fees. These promotions are specifically targeted, do not apply to previously ordered Services, and, depending upon their terms, may not apply to all Customers or Services introduced or added by customer in the future.

Fees will be charged to the credit card Customer sets out in the Customer Information. Fees are due as set out in the Order Form. It is Customer’s responsibility to ensure that its credit card is up to date and will not be declined. If DASP does not receive undisputed Fees when charged (Payment Default), DASP will retry to collect Fees. If there is a Payment Default after 7 days, the Customer’s entire account will be suspended. During the time Customer’s account is suspended because of a Payment Default, various features of the Services may not be available. In particular, Customer’s domain name, if registered through DASP, will be locked, and may not be transferred away from the Registrar. DASP is not responsible for any damages caused by an account suspended due to a Payment Default. Should Customer fail to cure a Payment Default within 14 days, this Agreement will be terminated, and all Services, including those for which Customer is not in Payment Default, will be terminated. Customer is responsible for all costs incurred by DASP in its efforts to collect amounts due. These costs include, but are not limited to, collection fees, reasonable attorney’s fees, and interest in the amount of 1.5% per month, or the highest amount DASP may legally charge.

DASP may participate in Account Updater Services supported by your payment card provider. As part of this service, your payment card provider may notify DASP of any changes to your payment card number or expiration date. In accordance with the payment card provider's requirements, if we are notified of an update, DASP will automatically update your payment information on your behalf. DASP makes no guarantees that we will request or receive any updated payment card information. You acknowledge and agree that it is your sole responsibility to make sure that your account and payment information is current and valid.

Any disputes about Fees due must be presented in writing to DASP at billing@discountasp.net prior to the date the Fee is due (Bill Dispute Notice). The Bill Dispute Notice must contain sufficient detail to allow DASP to identify the basis and reasons for the dispute. If the Bill Dispute Notice is received by DASP after the date a Fee is due, Customer has waived the right to dispute the Fee. DASP will use reasonable efforts to investigate the dispute within 30 days of its actual receipt of the Bill Dispute Notice. DASP will respond to the Bill Dispute Notice in writing. If DASP finds that a particular Fee was charged in error, DASP will credit Customer’s account within 30 days. If DASP disagrees with the Bill Dispute Notice, the parties agree that for a period of 60 days, they will work in good faith to resolve the dispute. If the parties fail to agree to resolve the dispute, the parties are entitled to exercise their rights under this Agreement or at law. During the time following DASP’s actual receipt of a Bill Dispute Notice, all undisputed Fees for Services must be paid when due. Customer agrees to waive its right to withhold Fees during a bill dispute, and/or to set off other Fees due against those in dispute.

DASP will charge a $30 restoration fee (Restoration Fee) to restore an account that has been suspended or terminated.

6. Term.
The Term for ab particular Service is set out on the Order Form. Upon expiration of the Term, the Order will renew for the period of the prior Term (Renewal Term), and subsequently renew at the end of each Renewal Term unless terminated as provided in this Agreement.

7. Termination.
Either Customer or DASP may terminate this Agreement, or an aspect of the Services covered by this Agreement, by providing the other with written notice of termination. This notice must be delivered at least 7 days prior to the expiration of the Term.

Either Customer or DASP may terminate this Agreement, or an aspect of the Services covered by this Agreement, by providing the other with written notice of material breach. The party against whom material breach is alleged shall have 2 calendar days to correct the material breach. However, if the material breach is incapable of cure that aspect of the Services affected by the material breach, may be terminated immediately. Our decision to stop offering any Third Party Services shall not be considered a material breach.

DASP may suspend or terminate this Agreement, or particular aspects of the Services covered by this Agreement, at DASP’s sole and exclusive discretion, if:

7.1. DASP receives a complaint that Customer has violated this Agreement, or any Incorporated Agreements, and Customer has not complied with DASP’s recommended course of action;

7.2. a Third Party ceases making aspects of the Services available to DASP, or continuing to provide the Services becomes commercially unreasonable; and/or

7.3. a beta Program ends.

8. Warranties.

8.1. Mutual Warranties.
Customer and DASP each agree that they have the requisite authority to enter into this Agreement, and that neither is prohibited from entering into it.

8.2. DASP Warranties.
DASP warrants that it will use reasonable efforts to deliver the Services to Customer as set out on the web page describing the Services upon the Effective Date.

8.3. Customer Warranties.
Customer represents and warrant to DASP that: (i) Customer has the experience and knowledge necessary to use the Services; (ii) Customer understands and appreciates the risks inherent to Customer and Customer’s business that come from accessing the Internet; (iii) Customer will provide DASP with material that may be implemented by DASP to provide the Services without extra effort on DASP’s part; (iv) Customer has sufficient knowledge about administering, designing and operating the functions facilitated by the Services to take advantage of the Services; (v) in entering into this Agreement, and performing the obligations set out in it, Customer will not violate any applicable laws and regulations; (vi) Customer owns, or has a license to use, all materials transmitted using the Services, or placed on DASP’s servers; and (vii) Customer will pass through the terms of DASP’s Acceptable Use Policy to End Users, and will be bound to End Users by a contract that is no less restrictive than this Agreement.

9. Disclaimers.
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, AND WITH ALL FAULTS. OTHER THAN AS EXPRESSLY SET OUT IN PARAGRAPH 8.2, DASP HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES, EITHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND TITLE. DASP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY ADVICE GIVEN IN A COMMUNITY FORUM IS RELIABLE, ACCURATE OR WILL NOT DAMAGE CUSTOMER. DASP IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER, OR STORED BY CUSTOMER OR AN END USER VIA THE SERVICES PROVIDED BY DASP. DASP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY DASP. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO DASP SHALL BE PASSED THROUGH TO CUSTOMER, NOR SHALL CUSTOMER CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES. SOME STATES DO NOT ALLOW DASP TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO CUSTOMER, CUSTOMER’S WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE FOR THAT INDIVIDUAL ASPECT OF THE PARTICULAR SERVICE.

THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION CUSTOMER MAY HAVE RECEIVED FROM DASP OR ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS, OR AFFILIATES. CUSTOMER MAY NOT RELY ON SUCH INFORMATION.

10. Limitation of Liability.
IN NO EVENT WILL DASP’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY DASP FROM CUSTOMER FOR THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM “DASP” SHALL BE INTERPRETED TO INCLUDE DASP’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO CUSTOMER THROUGH DASP.

CUSTOMER AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER WILL NOT, UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD DASP OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY CUSTOMER, ANY OF CUSTOMER’S END USERS, OR ANY OTHER THIRD PARTY. CUSTOMER AGREES THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, AND APPLY EVEN IF DASP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; CUSTOMER AGREES THAT IN THOSE JURISDICTIONS, DASP’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

11. Indemnification.
DASP shall indemnify and hold Customer harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit or proceeding brought or threatened against Customer so far as it is based on a claim that a Service infringes any issued U.S. patent. This indemnification provision is expressly limited to parts of the Service that are fully owned by DASP. It does not extend to third party products or services, including Third Party Services, even if incorporated into the Service. This paragraph will be conditioned on Customer notifying DASP promptly in writing of the claim and giving DASP full authority, information, and assistance for the defense and settlement of that claim. Customer shall have the right to participate in the defense of the claim at Customer’s expense. If such claim has occurred, or in DASP’s opinion is likely to occur, Customer agrees to permit DASP, at its option and expense, either to: (i) procure for Customer the right to continue using the Service; (ii) replace an individual component of the Service with a product or service, regardless of manufacturer, performing the same or similar function as the infringing aspect of the Service, or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate DASP’s obligations (and Customer’s rights) under this Agreement with regard to such Service and refund to Customer the price originally paid by Customer to DASP for the Service, or the Fee actually received by DASP from Customer for the 3 month period immediately preceding the occurrence of the event on which the indemnification claim is based.

Customer agrees to indemnify, defend and hold harmless DASP and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) Customer’s use of the Services or an End User or visitor’s use of the Services through Customer; (ii) any violation by Customer, an End User, or visitor to Customer’s site, of any of DASP’s policies; (iii) any breach of any of Customer’s representations, warranties or covenants contained in this TOS; (iv) any acts or omissions by Customer; and/or (v) any posts by Customer in the Community Forum. The terms of this section shall survive any termination of this Agreement.

12. Intellectual Property.

12.1. DASP’s Intellectual Property.
DASP, or its third party vendors, retains ownership of all intellectual property rights in the Services. DASP grants to Customer a non-exclusive, non-transferable, worldwide, royalty-free license to use the intellectual property provided by DASP solely to access and use the Services. This license terminates on the expiration or termination of this Agreement. Except for the license rights set out herein, this license does not grant any additional rights to Customer. All right, title and interest in DASP’s intellectual property, or that of its third party vendors, shall remain with DASP or its licensors. Customer is not permitted to circumvent any devices designed to protect DASP’s, or its licensor’s, ownership interests in the intellectual property provided to Customer. In addition, Customer may not reverse engineer this intellectual property.

All information you provide to DASP in the course of our support and administration of the Services shall be owned by DASP. You waive and assign any right, title and interest you may have in the intellectual property contained in this information and shall cooperate with us in securing our rights.

Any license provided to Customer is provided with "RESTRICTED RIGHTS" applicable to private and public licensees. These rights include, but are not limited to, restrictions on use, duplication, or disclosure by the United States Government as set forth in this Agreement and as provided in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.

12.2. Customer’s Intellectual Property.
Customer grants to DASP, and, if required, DASP’s third party vendors, a non-exclusive, non-transferable, worldwide, royalty-free license to use Customer’s intellectual property (or that of its third party vendors and/or End Users) for the limited purpose of providing the Services to Customer. This license terminates upon termination or expiration of this Agreement. Except for the license rights granted herein, this license does not grant any additional rights to DASP. All right, title and interest in Customer’s intellectual property, or that of its third party vendors, shall remain with Customer or its licensors. DASP is not permitted to circumvent any code designed to protect Customer’s, or its licensor’s, ownership interests in the intellectual property provided to DASP. In addition, DASP may not reverse engineer this intellectual property.

12.3. Licenses Customer is Required to Have.
Other than as set out in paragraph 12.1 above, Customer is solely responsible for obtaining all licenses and other intellectual property rights necessary to use the Services (Third Party Licenses). Upon written request, Customer agrees to provide DASP with reasonable assurances that it has received the Third Party Licenses, including, but not limited to, written copies of the Third Party License.

13. Miscellaneous.

13.1. Notices will be sent to Customer at the address in the Customer Information.

Notices regarding this Agreement and other DASP policies should be directed to:

DiscountASP.NET Legal Notices
Attn: Michael Phillips
825 S Myrtle Ave.
Monrovia, CA 91016

13.2. Force Majeure.
Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, failures of beta products, or other circumstances beyond its reasonable control. Other than failures of beta products, the obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. Other than failures of beta products, the party affected by such an occurrence shall notify the other party as soon as possible, but in no event less than 10 days from the beginning of the event. For beta products, DASP shall have no liability or notice requirement whatsoever.

13.3. Choice of Law, Jurisdiction, Venue and Statute of Limitations.
The parties agree that all disputes shall be brought before the U.S. District Court for the District of Los Angeles located in Los Angeles, California (District Court). The parties agree that this court shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this Agreement or any other document entered into by the parties. Further, the parties agree that venue shall be proper in the court set out above, and agree that they shall not contest notice from that court. State law issues concerning construction, interpretation and performance of this Agreement shall be governed by the substantive law of the State of California, excluding its choice of law rules. The United Nations Convention on Contracts for International Sale of Goods shall not apply. EACH PARTY HEREBY WAIVES ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT.

13.4. Notice to California Customers.
Please be advised that, as may be applicable to you under California law, if Customer is unsatisfied with the manner in which DASP responds to a complaint regarding the Services, Customer may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

13.5. No Waiver.
No waiver of rights under this Agreement, or any DASP policy, or other agreement between Customer and DASP, shall constitute a subsequent waiver of this or any other right under this Agreement.

13.6. Assignment.
This Agreement may be assigned by DASP. It may not be assigned by Customer. This Agreement shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.

13.7. Severability.
In the event that any of the terms of this Agreement become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this Agreement. All remaining terms of this Agreement shall remain in full force and effect.

13.8. No Agency.
This Agreement does not create any agency, partnership, joint venture, or franchise relationship between the parties. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever. The parties are independent contractors.

13.9. Export Restrictions.
You agree to comply with all applicable international and national laws that apply to the Services, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

13.10. Survival.
The provisions of paragraphs 1, 9, 10, 11, 13.1, 13.3, 13.5 – 13.7, and 13.10 will survive the expiration of this Agreement or its termination for any reason.

Last Update: October 26, 2016





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