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Cancellation Policy
Regarding, the monthly recurring fee for website hosting, support, and training, Customer must provide a 30-day written notice to cancel monthly web hosting or software support and training fees. Cancellation request may be made via email to support@bankcardpros.com and Customer must receive a confirmation # for verification purposes of the cancellation request.
Universal Terms of Service for Creative Vision Studio Software and Web Hosting Services
This Agreement ("Agreement") is by and between Creative Vision Studio, LLC. ("Creative Vision Studio") and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Creative Vision Studio software (“Software”) and services (“Services”) and explains Creative Vision Studio’s obligations to You and Your obligations to Creative Vision Studio in relation to the Software and Services You purchase.
This Agreement as well as any additional Creative Vision Studio policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and Creative Vision Studio concerning Your use of Creative Vision Studio ’s Software and Services, and supersede and govern all prior proposals, agreements, or other communications.
All Creative Vision Studio policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference. By purchasing Creative Vision Studio’s Software or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Creative Vision Studio may establish from time to time, and any agreements that Creative Vision Studio is currently bound by or will be bound by in the future.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Creative Vision Studio, whether or not the transactions were in Your behalf.
A. GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES
1. TERM OF AGREEMENT; MODIFICATIONS.
You agree that Creative Vision Studio may modify this Agreement and the Services from time to time. You agree to be bound by any changes Creative Vision Studio may reasonably make to this Agreement when such changes are made. If You have purchased Services or Software from Creative Vision Studio, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services. In the event You terminate Your usage, Creative Vision Studio will not refund any amounts You have paid. You agree that Creative Vision Studio shall not be bound by any representations made by third parties who You may use to purchase Services from Creative Vision Studio, and that any statement of a general nature, which may be posted on Creative Vision Studio ’s Web site or contained in Creative Vision Studio ’s promotional materials, will not bind Creative Vision Studio . Creative Vision Studio may, at times, offer certain promotions with different charges and features.
You agree that You will be responsible for notifying Creative Vision Studio should You desire to terminate Your use of Creative Vision Studio's Services. Notification of Your intent to terminate must be provided to Creative Vision Studio no earlier than 30 days prior to Your billing date.
2. ACCURATE INFORMATION.
You agree to maintain accurate information by providing updates to Creative Vision Studio , as needed, while You are using Creative Vision Studio ’s Services. You agree You will notify Creative Vision Studio within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Creative Vision Studio to determine the validity of information provided by You will constitute a material breach of this Agreement.
You agree that Creative Vision Studio may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to Creative Vision Studio ’s Privacy Policy. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Creative Vision Studio has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Creative Vision Studio has the absolute right, in its sole discretion, to terminate its Services and close Your account.
3. PRIVACY.
The Privacy Policy provides Your rights and Company’s responsibilities with regard to Your personal information. Company will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.
4. ACCOUNT SECURITY.
You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, and credit card number (collectively, the "Account Access Information"). You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Creative Vision Studio immediately of any unauthorized use of Your account or any other breach of security. You agree Creative Vision Studio will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Creative Vision Studio or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Creative Vision Studio specifically disclaims liability for any activity in Your account, whether authorized by You or not.
5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of Your use of Creative Vision Studio ’s Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to Creative Vision Studio if, for any reason, Creative Vision Studio takes corrective action with respect to Your improper or illegal use of its Services.
Creative Vision Studio reserves the right at all times to disclose any information as Creative Vision Studio deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Creative Vision Studio's sole discretion.
If You have purchased Services, Creative Vision Studio has no obligation to monitor Your use of the Services. Creative Vision Studio reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. Creative Vision Studio reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.
Creative Vision Studio reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Creative Vision Studio or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Creative Vision Studio may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.
Except as set forth below, Creative Vision Studio may also cancel Your use of the Services, after thirty (30) days, if You are using the Services, as determined by Creative Vision Studio in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. Notwithstanding anything to the contrary herein, in the event Creative Vision Studio cancels Your Services during the first thirty (30) days after You purchase the Services, You will receive a refund of any fees paid to Creative Vision Studio in connection with the Services being canceled. In the event Creative Vision Studio deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to Creative Vision Studio if, for any reason, Creative Vision Studio takes corrective action with respect to Your improper or illegal use of its Services.
6. NO SPAM; LIQUIDATED DAMAGES.
You agree Creative Vision Studio may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay Creative Vision Studio liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay Creative Vision Studio 's actual damages. You acknowledge You have read and understand and agree to be bound by the terms and conditions of Creative Vision Studio ’s Anti-spam Policy, available here . Such terms and conditions are applicable to the use of all Creative Vision Studio Software and Services and are incorporated herein.
7. INTELLECTUAL PROPERTY.
You agree that Creative Vision Studio or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software.
You understand and agree that all content and materials contained in this Agreement, other policies, the Creative Vision Studio Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Creative Vision Studio or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Creative Vision Studio or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.
8. USE OF Creative Vision Studio SOFTWARE.
If You have licensed software from Creative Vision Studio, Creative Vision Studio grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time.
You agree to not alter or modify the Software. You agree You are not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
Creative Vision Studio reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of Creative Vision Studio . The source code and its organization are the exclusive property of Creative Vision Studio and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software and all rights are reserved by Creative Vision Studio .
Creative Vision Studio provides this Software “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
9. FEES AND PAYMENT.
As consideration for the Software or Services purchased by You and provided to You by Creative Vision Studio, You agree to pay Creative Vision Studio at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Creative Vision Studio expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing either a valid credit card only.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Services unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Creative Vision Studio will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with Creative Vision Studio, at Creative Vision Studio's then current rates.
If for any reason Creative Vision Studio is unable to charge Your Payment Method for the full amount owed Creative Vision Studio for the Services provided, or if Creative Vision Studio is charged a penalty for any fee it previously charged to Your Payment Method, You agree that Creative Vision Studio may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason Creative Vision Studio is unable to charge Your credit card with the full amount of the Services provided, or if Creative Vision Studio is charged back for any fee it previously charged to the credit card You provided, You agree that Creative Vision Studio may pursue all available remedies in order to obtain payment. You agree that among the remedies Creative Vision Studio may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or Services registered or renewed on Your behalf. Creative Vision Studio reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties.
You agree that You are solely liable for arranging that Your Services are renewed, and that Creative Vision Studio shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services.
10. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.
Creative Vision Studio expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Creative Vision Studio , as well as its affiliates, subsidiaries, officers, directors and employees. Creative Vision Studio also reserves the right to freeze a domain name during resolution of a dispute.
11. LIMITATION OF LIABILITY.
IN NO EVENT SHALL Creative Vision Studio BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Creative Vision Studio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Creative Vision Studio ’s liability is limited to the full extent permitted by law. You agree that in no event shall Creative Vision Studio ’s maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from Creative Vision Studio .
12. DISCLAIMER OF WARRANTIES.
Creative Vision Studio expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. Creative Vision Studio makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Creative Vision Studio does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.
13. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless Creative Vision Studio and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with Creative Vision Studio whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from Creative Vision Studio or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Creative Vision Studio harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Creative Vision Studio be notified of a pending law suit, or receive notice of the filing of a law suit, Creative Vision Studio may seek a written confirmation from You concerning Your obligation to indemnify Creative Vision Studio . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Creative Vision Studio shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Creative Vision Studio of any such claim promptly in writing and to allow Creative Vision Studio to control the proceedings. You agree to cooperate fully with Creative Vision Studio during such proceedings.
You agree to cooperate fully with Creative Vision Studio during such proceedings. You agree You will not be entitled to a refund of any fees paid to Creative Vision Studio if, for any reason, Creative Vision Studio takes corrective action with respect to Your improper or illegal use of its services. You also agree that if Creative Vision Studio is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with Creative Vision Studio , that Creative Vision Studio , in its sole discretion, may take whatever action Creative Vision Studio deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
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14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This agreement shall be deemed entered into in the State of California. Except for disputes concerning the user of a domain name registered with Creative Vision Studio , You agree that the laws and judicial decisions of Maricopa County, Arizona, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Orange County, California. For the adjudication of disputes concerning the use of any domain name registered with Creative Vision Studio , You agree to submit to jurisdiction and venue in the U.S. District Court for California. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
15. NOTICES.
You agree that all notices (except for notices concerning breach of this Agreement) from Creative Vision Studio to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with Creative Vision Studio. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to Creative Vision Studio shall be made either by email, sent to the address provided on the Creative Vision Studio Web site, or first class mail to Creative Vision Studio ’s address at: Creative Vision Studio, Inc., 4300 Long Beach Blvd., Suite 250, Long Beach, CA 90807.
16. HEADINGS.
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
17. ENTIRE AGREEMENT.
You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and Creative Vision Studio regarding the Services contemplated herein.
18. SEVERABILITY.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
19. WAIVER.
The failure of Creative Vision Studio to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Creative Vision Studio thereafter to enforce such provisions.
20. FORCE MAJEURE.
Creative Vision Studio will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Creative Vision Studio liable for any of the consequences of such interruptions.
21. SURVIVAL.
Sections 1, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 shall survive any termination or cancellation of this Agreement.
22. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
Web Hosting agreement
This Dedicated Server Service Agreement ("Agreement") is by and between Creative Vision Studio, LLC ("Creative Vision Studio"), and you and your heirs, assigns, agents and contractors (collectively, "You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Creative Vision Studio's Dedicated Server services (collectively, the "Dedicated Services") and represents the entire agreement between You and Creative Vision Studio. By using Creative Vision Studio's Dedicated Services, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including, but not limited to, the Universal Terms of Service that Creative Vision Studio may establish from time to time.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses the account You have established with Creative Vision Studio whether or not the transactions were on Your behalf.
1. Description of Service
Creative Vision Studio currently provides Dedicated Services to its customers for a monthly fee. Creative Vision Studio will provide You an account on Creative Vision Studio's Dedicated Services servers, provided, however, You abide by the terms and conditions set forth herein and in each of Creative Vision Studio's policies and procedures.
License of Your Server Content
Creative Vision Studio grants to You, and You accept from Creative Vision Studio, a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your server content in connection with Creative Vision Studio's performance or enforcement of this Agreement.
Availability of Services
Subject to the terms and conditions of this Agreement, Creative Vision Studio shall use commercially reasonable efforts to provide the web hosting services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You agree that from time to time the services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Creative Vision Studio may undertake from time to time; or (iii) causes beyond the control of Creative Vision Studio or that are not reasonably foreseeable by Creative Vision Studio, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You further agree that the availability of the Dedicated Services may be inaccessible during periods of time for which You have scheduled upgrades or downgrades to your Dedicated Services server. You agree that Creative Vision Studio has no control of availability of the Dedicated Services on a continuous or uninterrupted basis.
FTP Backup
Creative Vision Studio may offer additional features and add on services such as a FTP Backup option. You acknowledge and agree that purchasing such additional features and add on services may require additional down time to install and maintain. You further acknowledge and agree that in utilizing the FTP Backup option, You shall be subject to a maximum disk usage and bandwidth usage as identified by Creative Vision Studio. Subject to the terms and conditions of this Agreement, Creative Vision Studio shall use commercially reasonable efforts to provide FTP Backup services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the FTP Backup services may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Creative Vision Studio may undertake from time to time; or (iii) causes beyond the control of Creative Vision Studio or that are not reasonably foreseeable by Creative Vision Studio, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
Server Content
You shall be solely responsible for providing, updating, uploading and maintaining Your server content and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your server, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your server content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Dedicated Services.
Information Shared with Partners
As a condition of purchasing and using "Virtual Dedicated Server" and/or "Dedicated Server" plans, You acknowledge and agree that Creative Vision Studio may provide Your personal information to their partners, as required to provide the plans for which You are purchasing.
2. Your Obligations
You acknowledge and agree that Creative Vision Studio shall have the right to seek justification in connection with Your use of the Dedicated Services, specifically Your purchase of IP addresses, and that You shall be obligated to provide any and all information reasonably sought by Creative Vision Studio pursuant to such justification. You acknowledge and agree that You are required to begin using at least ninety percent (90%) of Your purchased IP addresses within thirty (30) days of assignment of such IP addresses to You. In the event You do not begin using at least ninety percent (90%) of Your assigned IP addresses, You acknowledge and agree that Creative Vision Studio shall have the right to reclaim any unused IP addresses after the expiration of such thirty (30) day period. In connection with such purchase, You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed on the Whois.
You represent and warrant to Creative Vision Studio that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your server content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Creative Vision Studio shall not be used in connection with any illegal activity.
You are responsible for ensuring that there is no excessive overloading of Creative Vision Studio's DNS system or servers. In the event that You exceed Your allotted bandwidth and thereby overload Creative Vision Studio's DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Creative Vision Studio's servers and Your Server Account as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Creative Vision Studio reserves the right to remove sites that contain information about hacking or links to such information. Use of your server account as an anonymous gateway is prohibited, as is Your use of the Dedicated Services to restrict or inhibit any other user from using and enjoying the Internet. You acknowledge and agree that Creative Vision Studio has the right to remove Your server content temporarily or permanently from its dedicated servers if Creative Vision Studio is the recipient of activities that threaten the stability of its network.
You agree not to engage in unacceptable use of any of the Dedicated Services, which includes, without limitation, use of the Dedicated Services to: (i) disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email or unreasonably large volumes of email on a daily basis, provided, Creative Vision Studio, in its sole discretion, may permit You, if You have a legitimate purpose and after request, to send more email than Creative Vision Studio's standard STMP relay limit; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) engage in any other activity deemed by Creative Vision Studio to be in conflict with the spirit or intent of this Agreement or any Creative Vision Studio policy; or (ix) use Your server as an "open relay" or similar purposes.
Creative Vision Studio prohibits the running of a public recursive DNS service on any Creative Vision Studio server. All recursive DNS servers must be secured to allow only internet network access or a limited set of IP addresses. Creative Vision Studio actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.
Storage and Security
At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Creative Vision Studio servers; and (iv) ensure the confidentiality of Your password. Creative Vision Studio's servers and Dedicated Services are not an archive and Creative Vision Studio shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The Dedicated Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one. Creative Vision Studio shall have no liability to You or any other person for Your use of the Dedicated Services in violation of these terms. You acknowledge and agree that Creative Vision Studio has the right to carry out a forensics examination in the event of a compromise to your server or account.
In the event You terminate this Agreement or Your use of the Dedicated Services, then moving Your server content off of the Creative Vision Studio dedicated servers is Your responsibility. Creative Vision Studio will not transfer or FTP Your server content to another provider. In the event Your use of the Dedicated Services is terminated, Creative Vision Studio will not transfer or manage Your Dedicated Services or Your server content.
3. Assisted Server
In the event You elect to purchase Creative Vision Studio ’s Assisted Server service, the follow terms and conditions shall apply to Your use of and Creative Vision Studio's obligations in connection with providing the Assisted Server service (collectively, the “AS Services”). Subject to the terms and conditions of this Agreement and each of Creative Vision Studio's policies and procedures, Creative Vision Studio shall use commercially reasonable efforts to attempt to provide the AS Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the AS Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Creative Vision Studio may undertake from time to time; or (iii) causes beyond the reasonable control of Creative Vision Studio or that are not reasonably foreseeable by Creative Vision Studio, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that Creative Vision Studio has no control over the availability of the AS Services on a continuous or uninterrupted basis.
Creative Vision Studio’s Rights
Creative Vision Studio explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Creative Vision Studio ; (ii) establish limits and guidelines concerning the use of the AS Services; (iii) terminate Your use of the AS Services for use of the AS Services to unnecessarily or illegally harass Creative Vision Studio or third parties, non-payment of fees for the AS Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Creative Vision Studio, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Creative Vision Studio determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of the AS Services if Your use of the AS Services may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against Creative Vision Studio or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of the AS Services at any time and for any reason if deemed reasonably necessary by Creative Vision Studio. Creative Vision Studio has no obligation to monitor Your use of the AS Services, but reserves the right in its sole discretion to do so.
Charges for the AS Services
When Creative Vision Studio determines that charges shall apply for Your use of the As Services, Creative Vision Studio shall charge You for Your use of the AS Services on a thirty (30) minute incremental basis. Further, when Creative Vision Studio determines that a fee will be assessed for Your use of the AS Services, Creative Vision Studio reserves the right to charge any or all of the fees prior to the commencement of any work being performed.
Third-Party Software
Additionally, in the event You elect to install or seek assistance from Creative Vision Studio in connection with the installation of any third-party software, the following terms shall apply. You represent and warrant that You have the right to use and install such third-party software and that the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity. You agree to defend, indemnify and hold harmless Creative Vision Studio and its employees, officers and directors for, from and against any and all claims brought against Creative Vision Studio and its employees, officers and directors by a third-party alleging that such software infringes (i) the third-party’s rights or (ii) a U.S. patent, trademark, copyright or other intellectual property right, and shall pay all resulting costs, damages, expenses and reasonable attorneys’ fees that a court awards and settlements made by Creative Vision Studio in connection with any such claims.
Limitation of Liability; Waiver and Release
The AS Services are being provided “AS IS” and Creative Vision Studio expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Creative Vision Studio expressly does not warrant that the AS Services will meet your requirements, function as intended, or that the use of the AS Service will be uninterrupted or error free. In no event shall Creative Vision Studio be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the AS Service, even if Creative Vision Studio is aware of or has been advised of the possibility of such damages.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Creative Vision Studio and all affiliates of Creative Vision Studio, and all officers, agents, employees, and representatives of Creative Vision Studio, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the AS Services and Your acquisition and use thereof, including, but not limited to, the provision of the AS Services by Creative Vision Studio and its agents and employees.
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