Final Infinity Inc. – Website Hosting – Terms and Conditions
Revision Date: June 12, 2014
This Hosting Agreement governs your purchase and use, in any manner, of all Web site hosting, ordered by you and accepted by Final Infinity Inc. and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Final Infinity Inc. reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Final Infinity Inc. may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Final Infinity Inc. posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1. Payment. As consideration for Final Infinity Inc. providing the Hosting Services hereunder, Customer agrees to pay Final Infinity Inc. the aggregate monthly fee based on the monthly hosting services and the terms selected until such time that Customer has made a cancellation request.
Customer agrees that he is solely responsible for any payment subscription made via 3rd parties such as paypal. At time of cancellation Customer agrees that he is fully responsible for cancellation of any payment subscriptions Customer might have setup and that, failure to do so, will result in a refund charge of $5 + 5.5% for any payments made by customer as a result of said failure.
2. Provision of Services. Final Infinity Inc. will provide Customer with the Services ordered that are described in the Hosting Package Features elsewhere in this document. Customer understands and agrees that Final Infinity Inc. will host and create the Web site solely in accordance with the information provided by Customer and contains the right to end service at their sole discretion.
3. Rights to the Web Site and Content. With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. “Customer Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to Final Infinity Inc. “Third-Party Materials” means any content, software, or other computer programming material that is owned by an entity other than Final Infinity Inc., and licensed by Final Infinity Inc. or generally available to the public, including Customer, under published licensing terms, and that Final Infinity Inc. will use to display or run a Web site. Final Infinity Inc. owns the rights to the design of the web site. If a customer stops paying the monthly fee for the web site upon cancellation the customer is not entitled to use the web site for any purposes whatsoever. By paying the first invoice Customer gives Final Infinity Inc. the rights to use, publish and share any content that Customer uploads to the hosting provided by Final Infinity Inc.
4. Limited License to the Background Technology. “Background Technology” means computer programming/formatting code or operating instructions developed by or for Final Infinity Inc. and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of Final Infinity Inc. All rights to the Background Technology not expressly granted to Customer hereunder are retained by Final Infinity Inc. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
5. Limited License to Content. Customer hereby grants to Final Infinity Inc. the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to Final Infinity Inc. hereunder, solely for the purpose of rendering Final Infinity Inc.’ Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
6. Content Standards. Customer agrees not to provide Customer Content, and Final Infinity Inc. will not intentionally provide to Customers any content, that (a) infringes on any third party’s intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens’ rights; or (d) contains any kind of pharmaceutical or gambling content; or (e) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal informatio . Further Customer agrees not to use more than the 5000MB Bandwidth allowed per Domain. If Customer is international, then Customer agrees to comply with all applicable local and national laws. Final Infinity Inc. reserves the right to refuse any other subject matter it deems inappropriate.
7. Support. Final Infinity Inc. agrees to provide reasonable technical support by email or ticket to customers during Final Infinity Inc.’s normal technical support hours.
8. Term and Termination. (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) Final Infinity Inc. may terminate this Agreement at any time if Customer materially breaches this Agreement, including, without limitation a failure to pay and (c) upon the termination of this Agreement, Customer will pay Final Infinity Inc. for all Services provided to Customer by Final Infinity Inc. prior to termination. Sections 2, 3, 4, 5, 9, 11, and 12 will survive termination of this Agreement.
9. Warranty Disclaimer. Except as expressly provided in this Agreement, the Services are provided “as is,” and Final Infinity Inc. expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that Final Infinity Inc. will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by Final Infinity Inc. to a Customer will be deemed accepted when delivered.
10. Indemnity. (a) Customer Indemnity. Customer will defend Final Infinity Inc. against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in above Sections. Subject to Section 11, Customer shall indemnify Final Infinity Inc. for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Final Infinity Inc. as a result of any such third-party claim, action, suit, or proceeding. (b) Final Infinity Inc.’ Indemnity. Final Infinity Inc. will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Final Infinity Inc. shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit, or proceeding. (c) Mechanics of Indemnity. The indemnifying party’s obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party’s expense.
11. Limitation of Liability. Final Infinity Inc.’s LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO Final Infinity Inc. DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. Final Infinity Inc. SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF Final Infinity Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, Final Infinity Inc. WOULD NOT ENTER INTO THIS AGREEMENT.
