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concept34.com, LLC Terms and Conditions
THE SUBMISSION (INCLUDING, WITHOUT LIMITATION, CLICKING THE “CONTINUE”,
“CHECKOUT”, AND/OR “SUBMIT” BUTTON IN THE ORDER FORM ON THE
concept34.com, LLC WEB SITE OR ENGAGING IN BUSINESS WITH concept34.com,
LLC) OF THE CUSTOMER'S ORDER WILL CONSTITUTE THE CUSTOMER'S ACCEPTANCE
OF THESE TERMS AND CONDITIONS.
This agreement (“Terms and Conditions”), in addition to any other
specific agreement between concept34.com, LLC (“concept34.com”) and the
customer (“the Customer”), represents the complete understanding and
agreement between concept34.com and Customer. This Terms and Conditions
agreement supersedes any other written agreement including, without
limitation, digitized, computerized, oral agreement, and/or agreement by
conduct, except when expressly agreed to the contrary in writing by
concept34.com.
Upon notice published on concept34.com web site, concept34.com may
change or discontinue any provision of this Terms and Conditions
agreement from time to time, including, without limitation, all services
provided by concept34.com, pricing, equipment, services and products.
Any such change or discontinue of any provision will legally bind the
Customer from the time concept34.com publishes notice of the change on
the concept34.com Web Site. It is the Customer's sole responsibility to
ensure that the Customer is up to date on the most current version of
the Terms and Conditions agreement.
In accordance with the Terms and Conditions, concept34.com will provide
services to the Customer in exchange for fees and full compliance with
the following Terms and Conditions:
Provision of concept34.com Services
concept34.com Services Defined. " concept34.com Services" include,
without limitation, the following:
any act by concept34.com of serving the Customer regardless of duration
and whether or not paid for;
any act of setting up, connecting, maintaining, terminating, or
reconnecting the "Customer's Account" (see section 1.b.);
any use by the Customer of computing, telecommunications, software,
information, hardware, and equipment provided by concept34.com;
any act, or provision of any service, by concept34.com related to web
hosting (including, without limitation, server usage and technical
support);
any provision by concept34.com, and any use or occupation by the
Customer, of space, Internet connectivity, or electrical power;
any access to computing, telecommunications, software, information,
hardware, and equipment provided to Customer by others affiliated with
concept34.com via the world wide web and Internet;
any aspect related to the concept34.com web site, including the
concept34.com web site itself;
any act by concept34.com related to the submission and/or registration
of a domain name for the Customer;
any other service mentioned in the Terms and Conditions agreement;
any other service provided by concept34.com to the Customer;
any other service provided by concept34.com and used by the Customer.
Customer's Account Defined. "Customer's Account" means the space on the
particular web server that ISQsolutions provides to concept34.com for
use by the concept34.com's Customer in concept34.com provision of
concept34.com Services to the Customer.
Amendment of Fees & Charges. Upon thirty (30) days notice, concept34.com
may amend the fees and/or charges for any concept34.com Service.
Domain Name Submissions and Registration. concept34.com Services related
to the registration of a domain name is limited to the submission of the
registration request to the appropriate registrar. Please note that each
individual domain name constitutes a single submission. It is the
Customer's sole responsibility to provide accurate domain name spelling
and contact information.
Registry/Registrars' Terms & Conditions. Upon the Customer's
registration of a domain name with any registry, the Customer will also
be subject to the terms and conditions of the domain name dispute
policy.
Management & Backup of Data. The Customer is solely responsible for the
management and backup of all the Customer data, and all updates,
upgrades, and patches to any software that the Customer uses in
connection with concept34.com Services.
Maintenance Windows. concept34.com reserves the right to conduct an
emergency maintenance window at any time. During an emergency
maintenance window, any or all concept34.com Services may be
unavailable.
License to Occupy Only. The Customer acknowledges and agrees that any
provision of web hosting by concept34.com to the Customer grants the
Customer only a license to occupy the space on a web server, and that
the Customer has no real property interest in the space, software, web
server and equipment. Payment by the Customer for web hosting does not
create or vest in the Customer (or in any other party) any leasehold
estate, easement, ownership interest, or other proprietary right or
interest of any nature in any part of concept34.com or ISQsolutions
premises or facilities including, without limitation, the space,
software, web server and equipment.
USE OF MATERIALS & CONFIDENTIALITY
Public Domain Materials Defined. "Public Domain Materials" means
materials (including, without limitation, information, artwork, images,
pictures, text, video, audio, and programs) that are not subject to
copyright, trademark, service mark, or any other intellectual property
right restrictions or prohibitions. Except when prohibited by law,
Public Domain Materials may be downloaded or uploaded using
concept34.com Services. The Customer assumes all risks regarding the
determination of whether or not any material is Public Domain Material.
Use of Copyrighted Materials. As provided by United States , Canadian
federal law and international treaties, copyrighted materials may not be
uploaded using concept34.com Services without the express written
permission of the copyright holder. Copyrighted materials may be
downloaded using concept34.com Services FOR PERSONAL, NON-COMMERCIAL,
NON-PROFIT USE ONLY. Except as expressly permitted by law, copyrighted
materials may not be distributed to others. The Customer may not change
copyrighted materials and notices, including, without limitation, any
author attribution notice.
Confidential Information Defined. "Confidential Information" means any
information disclosed by concept34.com to the Customer, either directly
or indirectly, in writing, orally, or by inspection of tangible objects
(including, without limitation, documents, prototypes, samples, plant,
and equipment), which is designated as "Confidential," "Proprietary," or
some other similar designation either (a) in writing, (b) orally, or (c)
by any other means. Confidential Information will not include any
information which: (i) is publicly known and made generally available
through no fault or breach on the part of the Customer or any third
party; (ii) is obtained by the Customer from a third party without a
breach of such third party's obligations of confidentiality; (iii) is
independently developed by the Customer without use of or reference to
the Confidential Information; or (iv) is required by law to be disclosed
by the Customer, provided that the Customer gives concept34.com prompt
written notice of such requirement prior to such disclosure, and
assistance in obtaining an order protecting the information from public
disclosure.
Disclosure of Confidential Information. The Customer must not use,
disclose, publish or disseminate any of concept34.com Confidential
Information to anyone other than those of the Customer's employees or
contractors (if any) on a need-to-know basis, and the Customer agrees to
take all reasonable precautions to protect the secrecy of and to prevent
any unauthorized use, disclosure, publication, or dissemination of the
Confidential Information. Without limiting the scope of the foregoing,
the Customer will take at least those measures that the Customer takes
to protect the Customer's own most highly confidential information and
will ensure that any of the Customer's employees, consultants, or other
third parties who have access to concept34.com Confidential Information
have signed a non-use and non-disclosure agreement in content at least
as restrictive as the provisions hereof, prior to any disclosure of the
Confidential Information to such employees, consultants, or other third
parties. The Customer further agrees not to use the Confidential
Information otherwise for the Customer's own, or any third party's,
benefit without the prior written approval of an authorized
representative of concept34.com in each instance. The Customer will not
make any copies of concept34.com Confidential Information unless the
same are previously approved by ISQsolutions in writing. The Customer
will reproduce concept34.com proprietary rights notices on any such
approved copies, in the same manner in which such notices were set forth
in or on the original. The Customer will not commit or permit the
reverse engineering, reverse assembling, disassembling, reverse
compiling, or de-compiling, or any attempt to derive source code from,
any prototypes, hardware, software or any other tangible objects which
embody concept34.com Confidential Information.
USE OF concept34.com SERVICES
Customer's Account. Only the Customer may use the Customer's Account.
The Customer may not sell, lease, rent, or assign, in any way, any part
or whole of the Customer's Account and/or concept34.com Services to any
party, unless the Customer obtains concept34.com prior written.
Customer's Password. The Customer agrees to maintain a secure password
("Customer's Password") to the Customer's Account. A secure password is
one that is minimum six (6) characters long, contains upper and lower
case letters, contains numbers or other characters, and can not be found
in direct or reverse order in a dictionary, without regard to the
language of the dictionary. The Customer is solely responsible for
changing the Customer's Password as required to ensure secure access to
the Customer's Account. The Customer is also solely responsible for
ensuring the confidentiality and secrecy of the Customer's Password.
concept34.com Right of Refusal & Termination. ISQsolutions may, at its
sole discretion, refuse concept34.com Services to any Customer, whether
new or existing, and/or terminate the supply of concept34.com Services
to the Customer, without any prior notice, if concept34.com deems the
Customer to be in violation of the Terms and Conditions, notwithstanding
that the Customer may be in breach of any other agreement by complying
with the Terms and Conditions.
Customer's Lawful Use. The Customer agrees to use the concept34.com
Services as permitted by applicable laws, including, without limitation,
local, provincial, state, and federal laws. The Customer agrees that the
Customer may NOT use concept34.com Services to conduct or solicit any
business or activity that is prohibited by law, libelous, or against any
concept34.com policy. Customer's Warranty, Liability, & Indemnification.
The Customer is solely responsible for any legal liability arising out
of, or relating to, the Customer's use of concept34.com Services. The
Customer represents and warrants to concept34.com that the Customer
holds the necessary rights to use, or permit to use, any item used
through any concept34.com Service, and that the use, reproduction,
distribution, transmission, or display of any data to the public, and
any material to which the public can link or access, or any aspect of
concept34.com Services made available to the public through the
Customer, will NOT:
violate or potentially violate any right of any third party, including,
without limitation, infringement or misappropriation of any copyright,
patent, trademark, trade secret, music, image, or other proprietary
right;
constitute or potentially constitute violations such as, without
limitation, false advertisement, unfair competition, defamation,
invasion of privacy, invasion of rights, and discrimination;
cause or potentially cause a business dispute or a personal dispute;
contain any material that is unlawful, harmful, fraudulent, libelous,
slanderous, threatening, abusive, harassing, defamatory, vulgar,
obscene, profane, or hateful;
contain any material that is racially, ethnically, disputatiously,
argumentatively, or otherwise objectionable; or
contain any other material that encourages conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise violate
any applicable law, including, without limitation, local, provincial,
state, national, international, or any other laws.
The Customer agrees to indemnify and hold concept34.com, any third party
entity related to concept34.com (including, without limitation, third
party vendors), and concept34.com executives, directors, officers,
managers, employees, consultants, agents, parent companies, and
subsidiaries harmless from and against any and all liabilities, losses,
costs, judgments, damages, claims, or causes of action, including,
without limitation, any and all legal fees and expenses arising out of
or relating to the Customer's breach of any of the representations or
warranties herein, or any other third party claim with respect thereto.
Other Organizations' Permission & Policies. The Customer's use of
networks, computing resources, or other services from other
organizations is also subject to those organizations' respective
permission and usage policies.
Customer's Prevention of Corruption. The Customer must actively endeavor
to prevent any corruption of concept34.com systems, including, without
limitation, viruses. concept34.com reserves the right to run anti-virus
programs, at concept34.com sole discretion, to minimize potential and
actual damages.
Other Prohibited Conduct. The Customer must not commit or permit any
reverse engineering, reverse assembling, disassembling, reverse
compiling, or de-compiling, or any attempt to derive source code from,
any prototypes, hardware, software, or other tangible objects provided
to the Customer by concept34.com.
Third Party Services or Products. The Customer acknowledges and agrees
that any recommendation made by concept34.com employees or the
concept34.com web site affliates' links for services or products
ancillary to concept34.com Services. concept34.com does not warrant the
integrity or quality of the services or products provided by such third
parties. The Customer agrees to hold concept34.com, any third party
entity related to concept34.com (including, without limitation, third
party vendors), and concept34.com executives, directors, officers,
managers, employees, consultants, contractors, agents, parent companies,
and subsidiaries harmless from and against any and all liabilities,
losses, costs, judgments, damages, claims, or causes of action,
including, without limitation, any and all legal fees and expenses
arising out of or related to the Customer's reliance on any
recommendation made by a concept34.com employee or by following an
affliate link regarding services or products ancillary to concept34.com
Services.
Domain Name Submissions. In the case of a domain name registration, the
Customer agrees that by submitting an application for a domain name
registration, the Customer warrants that the information submitted
therein is true and correct, and that any future changes to this
information will be provided to the appropriate registry in a timely
manner. The Customer also acknowledges and agrees that any submission of
an application for a domain name registration does not confer immunity
from objection to either the registration or use of the domain name. It
is the Customers responsibility to keep registrant contact information
for a domain name registration such as email address, telephone numbers
and mailing address current and accurate.
concept34.com is not responsible for lose of domain name registration
due to non renewal. Prohibition of Adult Content, Gambling Content,
Occult Content, and Non-Christian Based Religious Content. By
subscribing to concept34.com services, the customer acknowledges that
the customer is prohibited from storing or posting adult content, or any
links to adult and gambling content, including but not limited to
sexually explicit materials, whether graphical, textual, video, audio,
encrypted, protected, proprietary, or in any other formats. All material
of pornographic nature is considered adult content. By subscribing to
concept34.com services, the customer acknowledges that the customer is
prohibited from storing or posting religious content of a Non-Christian
basis and occult content, or any links to such content, including but
not limited to satanism, druidism, wicca, and shamanism, whether
graphical, textual, video, audio, encrypted, protected, proprietary, or
in any other formats.
concept34.com is not obligated to monitor its network for prohibited
adult, gambling, occult or non-Christian religious content. By
subscribing to concept34.com services, the customer acknowledges that if
concept34.com is made aware of content that is determined to be adult,
gambling, occult or non-Christian religious content or in its sole
discretion, unacceptable, undesirable, offensive, indecent, obscene,
excessively violent or otherwise objectionable, concept34.com will deny
access to such content and terminate the account without notice and no
refunds will be issued to an account that is terminated for violating
this policy. The Customer agrees to indemnify and hold concept34.com and
all of concept34.com associated brands, as they may be amended from time
to time, and its officers, directors, shareholders, employees, agents
and advisors from and against any Claims, losses, judgments, damages,
costs and expenses (including, without limitation, reasonable legal
fees) resulting from the use of the Services which damages the Customer
or any other party.
INDEMNIFICATION
The Customer agrees to protect, defend, hold harmless, and indemnify
ISQsolutions, any third party entity related to ISQsolutions
(including, without limitation, third party vendors), and ISQsolutions
executives, directors, officers, managers, employees, consultants,
agents, parent companies, and subsidiaries from and against any and all
liabilities, losses, costs, judgments, damages, claims, or causes of
actions, including, without limitation, any and all legal fees and
expenses arising out of or resulting from Customer's use of ISQsolutions
Services.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND
UNDER NO THEORY OF LAW OR EQUITY, WILL concept34.com, concept34.com
EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS,
CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES,
THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE, OR ANYONE ELSE
INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING concept34.com SERVICES
BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL
LOSS, REVENUE DECREASE, EXPENSE INCREASE, COST OF SUBSTITUTE PRODUCTS
AND/OR concept34.com SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER,
OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT
DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE,
ANY concept34.com SERVICES EVEN IF concept34.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. concept34.com TOTAL CUMULATIVE LIABILITY,
IF ANY, TO THE CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES,
RELATED TO THE TERMS AND CONDITIONS, AND THE USE OF THE WEB SITE,
INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, ANY ACT OR OMISSION BY
concept34.com OR concept34.com REPRESENTATIVES, OR UNDER ANY OTHER
THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE
SETUP FEE OR THE MONTHLY FEE PAID BY THE CUSTOMER FOR concept34.com
SERVICES.
DISCLAIMER
Changes, Modifications, & Backup of Data. THE CUSTOMER AGREES THAT
concept34.com or our hosting provider ISQSolutions MAY DISCONTINUE,
UPGRADE, REPLACE, MODIFY, OR CHANGE IN ANY WAY, WITHOUT LIMITATION, ANY
SOFTWARE, APPLICATION, PROGRAM, DATA, HARDWARE, EQUIPMENT, OR PORTIONS
OR COMPONENTS THEREOF, USED TO PROVIDE THE CUSTOMER WITH concept34.com
SERVICES. THE CUSTOMER UNDERSTANDS, AGREES, AND ACKNOWLEDGES THAT
CERTAIN CHANGES TO THE concept34.com SERVICES MAY AFFECT THE OPERATION
OF THE CUSTOMER'S PERSONALIZED APPLICATIONS AND CONTENT. concept34.com
MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE
PERFORMANCE, CONDITION, OR EXISTENCE OF ANY OF THE CUSTOMER'S
PERSONALIZED APPLICATIONS AND CONTENT. THEREFORE, THE CUSTOMER AGREES
THAT THE CUSTOMER IS SOLELY RESPONSIBLE FOR ANY OF THE CUSTOMER'S
PERSONALIZED APPLICATIONS AND CONTENT, INCLUDING, WITHOUT LIMITATION,
THE MANAGEMENT AND BACKUP OF ALL THE CUSTOMER DATA.
Systems Information. THE CUSTOMER ACKNOWLEDGES THAT concept34.com MAKES
A REASONABLE EFFORT TO KEEP THE INFORMATION AVAILABLE ON concept34.com
SYSTEMS ACCURATE. HOWEVER, concept34.com MAKES NO WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY
OF THE DATA AND/OR INFORMATION AVAILABLE. USE OF INFORMATION OBTAINED
FROM OR THROUGH concept34.com IS AT THE SOLE RISK OF CUSTOMER.
Interconnecting Networks Information. The CUSTOMER ACKNOWLEDGES THAT THE
DATA AND/OR INFORMATION AVAILABLE THROUGH THE INTERCONNECTING NETWORKS
MAY NOT BE ACCURATE, AND THAT concept34.com HAS NO ABILITY OR AUTHORITY
OVER THE DATA AND/OR INFORMATION. concept34.com MAKES NO WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR
VALIDITY OF THE DATA AND/OR INFORMATION RESIDING ON OR PASSING THROUGH
THE INTERCONNECTING NETWORKS. USE OF DATA AND/OR INFORMATION OBTAINED
FROM OR THROUGH concept34.com SERVICES IS AT THE SOLE RISK OF THE
CUSTOMER.
Third Party Licenses. THE CUSTOMER UNDERSTANDS, AGREES, AND ACKNOWLEDGES
THAT concept34.com MAKES A REASONABLE EFFORT TO PROVIDE THE CUSTOMER
WITH TECHNOLOGIES, DEVELOPMENTS, AND INNOVATIONS (COLLECTIVELY
"TECHNOLOGIES"), PART OF WHICH ARE BEING LICENSED OR CO-BRANDED FROM OR
BY THIRD PARTY ENTITIES. HOWEVER, concept34.com MAKES NO WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY,
RELIABILITY, VALIDITY, OR CONTINUED EXISTENCE OF ANY AND ALL ASPECTS OF
SUCH TECHNOLOGIES. MOREOVER, concept34.com SPECIFICALLY DISCLAIMS ALL
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR
SUCH TECHNOLOGIES. FURTHERMORE, THE CUSTOMER WILL NOT HOLD
concept34.com, ANY THIRD PARTY ENTITY RELATED TO concept34.com
(INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS), OR concept34.com
EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS,
AGENTS, PARENT COMPANIES, AND SUBSIDIARIES LIABLE IN ANY WAY FOR THE
REVOCATION OF ANY LICENSE, WHICH HAS BEEN LICENSED TO concept34.com FROM
OR BY THIRD PARTIES, THAT RESULTS IN ANY ACTUAL OR POTENTIAL HARM,
DAMAGE, COST, EXPENSE, OR OTHERWISE TO THE CUSTOMER, THE CUSTOMER'S
BUSINESS, THE CUSTOMER'S AFFILIATES, THE CUSTOMER'S CUSTOMERS, OR ANYONE
OR ANYTHING RELATED TO THE CUSTOMER. THE USE OF THE TECHNOLOGIES
OBTAINED FROM OR THROUGH concept34.com, OR ANY OTHER REFERRED THIRD
PARTY, WHETHER DIRECTLY OR INDIRECTLY, IS AT THE SOLE RISK OF THE
CUSTOMER.
Non- concept34.com Products. THE CUSTOMER ACKNOWLEDGES THAT ANY MENTION
OF NON- concept34.com PRODUCTS OR AFFLIATE SERVICES BY concept34.com,
ANY THIRD PARTY ENTITY RELATED TO concept34.com (INCLUDING, WITHOUT
LIMITATION, THIRD PARTY VENDORS), OR concept34.com EXECUTIVES,
DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS, PARENT
COMPANIES, AND/OR SUBSIDIARIES, IS FOR INFORMATION PURPOSES ONLY, AND
DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY concept34.com OR
THE INDIVIDUALS AND ENTITIES LISTED IN THIS SECTION. concept34.com
DISCLAIMS ANY AND ALL LIABILITIES FOR ANY REPRESENTATION OR WARRANTY
MADE BY THE VENDORS OF SUCH NON- concept34.com PRODUCTS AND/OR
concept34.com SERVICES.
Web Site. THE SERVICES, INFORMATION, AND DATA (COLLECTIVELY THE
"INFORMATION") MADE AVAILABLE ON THE concept34.com WEB SITE ARE PROVIDED
"AS IS," WITHOUT WARRANTIES OF ANY KIND. concept34.com EXPRESSLY
DISCLAIMS ANY REPRESENTATION AND WARRANTY, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. concept34.com WILL HAVE ABSOLUTELY NO LIABILITY IN
CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY
LIABILITY FOR DAMAGE TO THE WEB SITE USER'S COMPUTER, ANY HARDWARE,
DATA, INFORMATION, MATERIALS, AND BUSINESS RESULTING FROM THE
INFORMATION, OR THE LACK OF INFORMATION, AVAILABLE ON THE WEB SITE.
concept34.com WILL HAVE NO LIABILITY FOR:
ANY AND ALL LOSSES OR INJURIES CAUSED, IN WHOLE OR IN PART, BY
concept34.com ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES
BEYOND concept34.com CONTROL IN PROCURING, COMPILING, OR DELIVERING THE
INFORMATION;
ANY AND ALL ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION
REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE
INFORMATION; OR
ANY DECISION MADE, OR ACTION TAKEN OR NOT TAKEN, IN RELIANCE UPON THE
INFORMATION FURNISHED ON THE WEB SITE.
concept34.com MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE
CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE
INFORMATION ON THE concept34.com WEB SITE, OR THAT THE INFORMATION IS
RELIABLE FOR ANY REASON. concept34.com MAKES NO WARRANTY,
REPRESENTATION, OR GUARANTY THAT THE INFORMATION WILL BE UNINTERRUPTED
OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED.
FOR THE PURPOSES OF THIS SECTION, " ISQsolutions " INCLUDES, WITHOUT
LIMITATION, ISQsolutions DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT
COMPANIES, AND THEIR (INCLUDING concept34.com) EXECUTIVES, DIRECTORS,
OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS,
AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE.
PAYMENT, PENALTIES, & APPLICABLE TAXES
Billing Cycle Defined. concept34.com provision of concept34.com Services
to the Customer for (3) 0r (12) months will constitute a "Billing
Cycle," which will begin on the day the plan is purchased, and end on
the same day, of each calendar billing cycle month. The Billing Cycle
will continue to renew each calendar billing cycle month until
concept34.com receives a "Not-to-Renew Request" (see section 9.) from
the Customer. concept34.com reserves the right to modify the Billing
Cycle, at any time and without prior notice, so that the Customer may be
billed for concept34.com Services more or less frequently.
Initial Billing Cycle. The initial Billing Cycle will commence on the
earlier of the day concept34.com receives from the Customer an
electronic order form and payment for concept34.com Services.
Payment Due. The Customer must ensure that concept34.com receives full
payment for concept34.com Services on the day of each recurring Billing
Cycle, including the initial Billing Cycle. The Customer is solely
responsible for ensuring that his credit card is valid and contains
funds on the customers credit card to ensure concept34.com receives
payment on the applicable recurring billing date. concept34.com will not
provide the Customer with concept34.com Services until concept34.com
receives full payment.
Methods of Payment. Methods of payment accepted by concept34.com are
PayPal and credit card only.
Overages. concept34.com will charge the Customer for any "Overages",
including, without limitation, excessive monthly data transfer use
(which is any use of monthly data transfer above the allowance specified
in the Customer's particular hosting service plan). The Customer is
solely responsible for preventing any and all Overages on a daily basis.
The Customer acknowledges that concept34.com has no obligation to warn
the Customer about any pending or actual Overage.
Delinquent Customer's Account. The Customer's Account will be deemed
"Delinquent" if concept34.com does not receive payment for concept34.com
Services within seven (7) days after the commencement of a Billing
Cycle.
Penalties for Delinquent Customer's Account. A Customer's Account that
is Delinquent is put on hold and may not be used. Delinquent Customer's
Account will have visitors redirected from the
Customer's web site to concept34.com Web site. A Delinquent Customer's
Account that is unpaid for thirty (30) days after the commencement of a
Billing Cycle, at concept34.com sole discretion, have any or all files
archived. Delinquent Customer's Accounts that are unpaid for anytime up
to thirty (30) days or more after the commencement of a Billing Cycle
may, at concept34.com sole discretion, have any or all files purged. The
Customer's Account will continue to accrue charges while the Customer's
Account is on hold.
Reconnection Charge. The Customer must pay a service reconnection charge
of forty U.S. dollars ($40.00USD) to remove the hold on the Customer's
Account and to remove the Customer's Account from Delinquent status.
Applicable Taxes. concept34.com will charge the Customer, and the
Customer must pay to concept34.com all applicable taxes, including,
without limitation, any retroactive tax on past fees or charges (whether
already paid or not) in cases where concept34.com is under a legal
obligation to collect such tax from the Customer. The Customer is solely
responsible for any and all other taxes, which the Customer is under a
legal obligation to pay.
"NOT-TO-RENEW" Requests
Automatic Renewal. The Terms and Conditions will bind the Customer, and
the Customer will be deemed to have accepted the Terms and Conditions,
upon concept34.com receipt of the Customer's electronic order form, or
upon any use by the Customer of any concept34.com Service. The Terms and
Conditions, and the business arrangement between the Customer and
concept34.com as set out herein, will automatically renew, upon
expiration, upon recurring billing cycle for the applicable period until
the Customer makes a proper "Not-to-Renew Request."
Not-to-Renew Request Defined. "Not-to-Renew Request" means the
Customer's request to concept34.com to cease the provision of
concept34.com Services for the particular Customer's Account. A
Not-to-Renew Request for the Customer's Account must be submitted by the
Customer via the Email to info@concept34.com. The Not-to-Renew Request
must be received by concept34.com before 5:00 p.m. EST, seven (10) days
before the anniversary date of the
Customer's Account in order for the Not-to-Renew Request to be processed
before such anniversary date; otherwise, concept34.com will
automatically renew the Customer's Account, and the Customer will be
bound and responsible, for the next applicable period. CHARGES ARE NOT
PRO-RATED WHEN THE CUSTOMER TERMINATES CUSTOMER'S ACCOUNT WITH
concept34.com.
Full Payment Requirement. The Customer's Account must be PAID IN FULL
before any Not-to-Renew Request will be considered effective.
30-Day Money Back Guarantee. concept34.com will provide the Customer a
thirty (30) day money back guarantee. The thirty (30) day period will
commence on the earlier of the day concept34.com receives from the
Customer an electronic order form or an order form. For web hosting
plans pre-paid quarterly (3 months) or annually (12 months), the full
pre-payment amount minus any setup fees and overages will be refunded if
concept34.com is notified within the first 30 days from the date the
hosting plan was ordered. No refund is available after the 30th day.
This service guarantee does not apply to any add-ons or additional
services such as data transfer overages, Web server storage, MS SQL or
MySQL database storage, email server storage, domain name registrations
and SSL Certificates. Cancellation Request must be submitted by the
Customer via email to info@concept34.com. Cancellations must be
requested within the first 30 days from the initial date the hosting
plan was ordered. E-mail requests will not constitute acceptance of any
cancellation.
CUSTOMER'S ABUSE & BREACH
Abuse Defined. Any "abuse" of concept34.com Services is a breach of the
Terms and Conditions. Abuse includes, without limitation, the Customer's
use of concept34.com Services that disrupts the normal use of
concept34.com Services for other concept34.com the customers.
Determination of what constitutes an abuse of concept34.com Services
will be at the sole discretion of concept34.com. Some examples of abuse
of concept34.com Services include, without limitation, spawning
processes, consuming excessive amounts of memory or CPU, spamming or
mass e-mailing. Without limiting the scope of the foregoing,
concept34.com forbids the storage of illegal or pirated software, the
use of any type of IRC bot and/or proxy (including, without limitation,
"bnc" and "eggdrop"), the storage or use of any type of software
intended for hacking or cracking purposes, and the storage or sale of
unsolicited bulk e-mail lists intended for spamming or resale purposes.
Disciplinary Measures. Depending on the nature and the severity, the
Customer's abuse of concept34.com Services is cause for concept34.com to
implement, at concept34.com sole discretion, disciplinary measures,
including, without limitation, warning, suspension, or termination of
the Customer's Account and all provision of concept34.com Services to
the Customer. If the Customer has been suspended, and concept34.com
chooses to rescind the suspension, concept34.com may, at its sole
discretion, charge the Customer a reconnection charge before
concept34.com will provide any further
concept34.com Services to the Customer. If a Customer's Account has been
suspended or placed on any kind of hold whatsoever by concept34.com,
that the Customer's Account will have visitors redirected from the
Customer's web site to ISQsolutions web site.
Misclassification. The Customer acknowledges that the Customer's
activity may be misclassified as abuse. A Customer who believes that the
Customer's activity has been misclassified may appeal to concept34.com
Technical Support Manager. Determination of whether or not the
Customer's activity is abuse is at concept34.com sole discretion.
Right to Terminate. IF concept34.com DEEMS THE CUSTOMER TO BE INVOLVED,
IN ANY WAY, IN SPAMMING ACTIVITIES, concept34.com RESERVES THE RIGHT TO
IMMEDIATELY TERMINATE concept34.com SERVICES TO THE CUSTOMER.
Breach of the Terms and Conditions. Unethical activities and criminal
offenses are breaches of the Terms and Conditions. The Customer agrees
to report to concept34.com any breach of the Terms and Conditions by
either the Customer or any other concept34.com customer. If the Customer
is unsure of whether or not a particular activity is unethical or
criminal, the Customer must notify concept34.com and concept34.com will
make such determination.
Civil &/or Legal Liability for Breach. ANY BREACH OF THE TERMS AND
CONDITIONS MAY RESULT IN CIVIL ACTION AND/OR LEGAL ACTION AND/OR
CRIMINAL PROSECUTION.
IP ADDRESSES
concept34.com's hosting provider ISQsolutions maintains control and
ownership of any and all IP numbers and IP addresses that may be
assigned to the Customer, and ISQsolutions reserves the right to change
or remove, at ISQsolutions sole discretion, any and all IP numbers and
addresses.
INTELLECTUAL PROPERTY
IP Prohibition. The Customer must not, without concept34.com express
written consent, copy, reproduce, or republish any material, in whole or
in part, that is located on the Web Site, including, without limitation,
concept34.com sales and marketing materials. Trademark & Copyright
Prohibition. The Customer must not, without concept34.com express
written consent, use any concept34.com trademark, service mark, or
copyrighted material. Misrepresentation. The Customer must not, in any
way, misrepresent the Customer's relationship with concept34.com,
attempt to pass itself off as concept34.com, or claim that the Customer
is concept34.com.
CUSTOMER'S PRIVACY
concept34.com takes reasonable measures to protect the Customer's
privacy. Except under urgent or emergency circumstances, and/or as
required by regulation, court order, official authority, police or other
law enforcement authority, or any applicable law. The Customer's
information or data collected will be used by concept34.com for purposes
related to concept34.com Services including, without limitation,
extending special offers to the Customer, and referral and/or agency
commissions (including, without limitation, improvements). The Customer
understands, acknowledges, and agrees that the Customer's administrative
contact information in relation to the Customer's domain name
registration is public information and concept34.com is not, and can
not, be obligated to safeguard such information and data from any third
party.
ASSIGNMENT AND AGENTS
Assignment. The rights and liabilities of both the Customer and
concept34.com (collectively "the Parties") under the Terms and
Conditions will bind and inure to the benefit of the Parties' respective
successors, executors, and administrators, as the case may be. However,
the Customer may not assign or delegate the Customer's rights and
obligations under any of the Customer's business relationships
(including, without limitation, any contract, agreement, or business
arrangement) with concept34.com, either in whole or in part, without the
prior written consent of concept34.com. concept34.com may assign its
rights and obligations under the Terms and Conditions to any third party
in connection with a merger, acquisition, sale of all or substantially
all of concept34.com assets, or any other corporate reorganization.
Bound as Principal. The Customer agrees that the Customer will be bound
as a principal to the Terms and Conditions even if any contract,
agreement, or business arrangement, including, without limitation, an
application for domain name registration or web hosting, is executed by
an agent for the Customer.
MINIMUM AGE REQUIREMENT
Customer's Warranty. The Customer warrants that the Customer is at least
18 years of age.
Parent or Guardian. Any individual under the age of 18 years ("Minor")
must have a parent or guardian accept the Terms and Conditions in order
for the Minor to become a concept34.com customer.
Parent or Guardian Primarily Liable. A parent or guardian who accepts
the Terms and Conditions on behalf of a Minor will be primarily liable
for ensuring complete and proper compliance with the Terms and
Conditions, including, without limitation, the timely and full payment
of the charges for concept34.com Services.
Continuation of Parent or Guardian's Liability. A parent or guardian who
accepts the Terms and Conditions on behalf of a Minor will continue to
be primarily liable for the obligations mentioned in the Terms and
Conditions even when the Minor has attained the age of 18, unless
concept34.com provides to such parent or guardian concept34.com express
written consent to the contrary.
Invalid Acceptance (Null & Void). ANY ACCEPTANCE OF THE TERMS AND
CONDITIONS BY AN INDIVIDUAL UNDER THE AGE OF 18 WILL BE DEEMED INVALID
AND THE TERMS AND CONDITIONS WILL BE DEEMED NULL AND VOID AS BETWEEN
concept34.com AND THAT PARTICULAR INDIVIDUAL.
GOVERNING LAW/SEVERABILITY
Any agreement, including, without limitation, the Terms and Conditions,
arising from the business relationship between concept34.com and the
Customer, will be governed by and construed in accordance with the laws
of the state of Washington, without reference to its conflicts of laws
principles. The Customer agrees that any litigation or arbitration
between the Customer and concept34.com will take place in Washington,
United States of America, and the Customer consents to personal
jurisdiction and venue in Washington, United States of America. If any
provision or portion of the agreement is found by a court of competent
jurisdiction to be unenforceable for any reason, the remainder of that
agreement will continue in full force and effect.
MODIFICATION
Any waiver, modification, or amendment of any provision of the Terms and
Conditions, initiated by the Customer, will be effective only if
accepted in writing and signed by concept34.com.
SURVIVAL OF TERMS AND CONDITIONS
The following sections of this Terms and Conditions will survive the
expiry or termination of this Terms and Conditions for any reason: 1(f);
1(h); 2; 3(e); 3(f); 3(j); 4; 5; 6; 11; 12; 14; 17.
INDEPENDENT CONTRACTORS
Nothing in this Agreement will be construed as creating a partnership or
relationship of employer and employee, principal and agent, partnership
or joint venture between the Parties. Each Party will be deemed an
independent contractor at all times and will have no right or authority
to assume or create any obligation on behalf of the other Party, except
as may be expressly provided herein.
COMPLETE AGREEMENT
The Terms and Conditions, in addition to any other specific agreement
(if any) between concept34.com and the Customer, constitutes the
complete understanding and agreement between the Customer and
concept34.com Except when expressly agreed to the contrary in writing by
concept34.com, the Terms and Conditions supersedes any other written
(including, without limitation, digitized/computerized) agreement, oral
agreement, and/or agreement by conduct. |