This Web Site Agreement (‘Agreement’) is by and between Advanced Micro Technologies, LLC (‘Advanced Micro Technologies’), and you, your heirs, assigns, agents and contractors (‘You’) and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of Advanced Micro Technologies Web Site Hosting (‘Web Hosting’) services and represents the entire agreement between You and Advanced Micro Technologies. By using Advanced Micro Technologies Web Hosting services, You acknowledge that You have read, understand 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 which Advanced Micro Technologies may establish from time to time.
As consideration for the services purchased by You and provided to You by Advanced Micro Technologies, You agree to pay Advanced Micro Technologies a yearly fee. Your yearly billing date will be determined based on the day of the month You establish Your Web Hosting relationship with Advanced Micro Technologies unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. Payment is to be made by You providing a valid credit card for charge by Advanced Micro Technologies, and is non-refundable. If for any reason Advanced Micro Technologies is unable to charge your credit card with the full amount of the service provided, or if Advanced Micro Technologies is charged back for any fee it previously charged to the credit card You provided, You agree that Advanced Micro Technologies may pursue all available remedies in order to obtain payment.
You agree that You will be responsible for notifying Advanced Micro Technologies should you desire to terminate Your use of Advanced Micro Technologies Web Hosting services. Notification of Your intent to terminate must be provided to Advanced Micro Technologies no earlier than 10 days prior to You billing date but no later than three days prior to Your billing date. In the absence of notification from You, Advanced Micro Technologies will automatically continue Web Hosting services indefinitely and will charge the credit card You have on file with Advanced Micro Technologies, at Advanced Micro Technologies then current rates. It is Your responsibility to keep your credit card information current, including the expiration date. In the event You terminate, moving your web site off of the Advanced Micro Technologies hosting servers is Your responsibility. Advanced Micro Technologies will not transfer or FTP Your web site to another provider.
2. TERM OF AGREEMENT; MODIFICATIONS
The term of this agreement shall continue in full force and effect as long as Advanced Micro Technologies is providing Web Hosting services to You.
You agree that Advanced Micro Technologies may modify this Agreement from time to time. Advanced Micro Technologies may also discontinue services it provides under this Agreement. You agree to be bound by any changes Advanced Micro Technologies may reasonably make to this Agreement when such changes become effective.
3. DESCRIPTION OF SERVICE
Advanced Micro Technologies currently provides Web Hosting services to its customers for a monthly fee. Advanced Micro Technologies will host Your web site on Advanced Micro Technologies Web Hosting servers, provided, however, You abide by the terms and conditions set forth herein and in each of Advanced Micro Technologies policies and procedures.
You are responsible for ensuring that your web site conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements represented on your web site
4. YOUR OBLIGATIONS
You agree that You have provided accurate, current and complete information in the application process and that You will notify Advanced Micro Technologies within five (5) business days when any 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 Advanced Micro Technologies to determine the validity of information provided by You, will constitute a material breach of this Agreement.
If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Advanced Micro Technologies has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Advanced Micro Technologies has the absolute right, in its sole discretion, to terminate its Web Hosting services and close Your account.
You warrant that each application 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. You also warrant that the web site being hosted by Advanced Micro Technologies will not be used in connection with any illegal activity.
6. Advanced Micro Technologies RIGHTS
Advanced Micro Technologies explicitly reserves the right and sole discretion to: a. Censor any web site hosted on its Web Hosting servers that, in Advanced Micro Technologies sole discretion, is deemed inappropriate; b. Review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; c. Modify its pricing through email notification; d. Terminate Your Web Hosting service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Web Hosting fees; and other activities whether lawful or unlawful that Advanced Micro Technologies determines to be harmful to its other customers, operations, or reputation; e. Terminate Your Web Hosting service if the contents of Your web site result in, or are the subject of, legal action or threatened legal action, against Advanced Micro Technologies 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.
You agree to indemnify and hold harmless Advanced Micro Technologies for any complications arising out of Your use of Advanced Micro Technologies Web Hosting services, including actions Advanced Micro Technologies chooses to take to remedy Your improper or illegal use of a web site hosted by Advanced Micro Technologies. You agree You will not be entitled to a refund of any fees paid to Advanced Micro Technologies if, for any reason, Advanced Micro Technologies takes corrective action with respect to Your improper or illegal use of its Web Hosting services.
7. DISPUTE RESOLUTION POLICY
You agree that if a dispute arises as a result of one or more web sites Advanced Micro Technologies is hosting for You, You will indemnify, defend and hold Advanced Micro Technologies harmless for damages arising out of such dispute. You also agree that if Advanced Micro Technologies is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by Advanced Micro Technologies, that Advanced Micro Technologies, in its sole discretion, may take whatever action Advanced Micro Technologies deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled
10. LIMITATION OF LIABILITY
You agree that Advanced Micro Technologies’s entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Advanced Micro Technologies to You under this Agreement, and for any breach of this Agreement shall be limited to the fees You paid to Advanced Micro Technologies for Web Hosting services.
You agree to release, defend, indemnify and hold harmless Advanced Micro Technologies and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney’s fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with Advanced Micro Technologies and/or Your use of the Web Hosting services provided by Advanced Micro Technologies.
13. DISCLAIMER OF WARRANTIES.
Advanced Micro Technologies 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.
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.
15. VENUE; WAIVER OF TRIAL BY JURY
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF NEW YORK. THE LAWS AND JUDICIAL DECISIONS OF CAMDEN COUNTY, NEW JERSEY, 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 CAMDEN COUNTY, NEW JERSEY.
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
You agree that all notices (except for notices concerning breach of this Agreement) from Advanced Micro Technologies 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 Advanced Micro Technologies. In either case, delivery shall be deemed to have been made five (5) days after the date sent.