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Terms & Conditions for Vitual Private Server Customers
Master Terms & Conditions for All Users
This Master Terms & Conditions Agreement (the "Master Agreement") is applicable to customers or users ("You") of ISOMEDIA, Inc., ISOMEDIA.COM LLC, and all other ISOMEDIA, Inc. affiliated entities ("ISOMEDIA"). ISOMEDIA, Inc. is a corporation organized under the laws of the state of Washington. Its address is: 2001 6th Ave, Suite 500, Seattle, WA 98121.
This Master Agreement specifies general terms and conditions You accept and agree to abide by when accessing or using any service provided by ISOMEDIA. In addition, a number of additional agreements ("Subsidiary Agreements") may also be integrated into this basic document depending on which ISOMEDIA provided services You utilize. The Subsidiary Agreements are incorporated herein by this reference and any reference to the Master Agreement herein includes those Subsidiary Agreements that are applicable to the ISOMEDIA services you utilize.
If You do not agree to be bound by the terms and conditions in this Master Agreement and any Subsidiary Agreements applicable to You, do not use or access ISOMEDIA's site or services. ISOMEDIA provides its services subject to your compliance with the terms and conditions herein.
Time is of the essence with regard to all terms and conditions in this Master Agreement.
This Master Agreement may be modified by ISOMEDIA at any time, without prior notification to You unless a separate agreement exists between You and ISOMEDIA which requires advance notification or approval of such changes. You agree to abide by the terms & conditions in this Master Agreement and all subsequent modifications of this Master Agreement. Failure to abide by these terms & conditions may, at ISOMEDIA's option, result in the termination of any or all services ISOMEDIA is providing to You.
Any notifications required by this Master Agreement may be delivered to You by electronic mail, and You consent to receive communications from ISOMEDIA electronically. ISOMEDIA's notification email address, which must be used in any official communication with ISOMEDIA, is notifications@isomedia.com. It is Your responsibility to ensure that ISOMEDIA has a valid email address for You on file. ISOMEDIA's inability to contact You via email due to a missing, inaccurate, incomplete, or inaccessible email address will remove ISOMEDIA's obligation to attempt to contact You further.
If any part of this Master Agreement is found to be unenforceable or unlawful, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Your continued use of the services provided by ISOMEDIA following ISOMEDIA's posting of any changes to this Master Agreement or any Subsidiary Agreement will constitute Your acceptance of such changes or modifications. If You do not agree to any such changes, do not continue to use the services or this site.
A current copy of this Master Agreement and all Subsidiary Agreements can be found at: http://www.isomedia.com/internet_index/terms_internet_index.shtml. The version of this Master Agreement stored at that URL is considered the current and binding version of this Master Agreement and any Subsidiary Agreement.
You may not enter into this Master Agreement (and thus may not use the services provided by ISOMEDIA) if You are less than 18 years old or if You are unable to make a legally binding contract with a Washington state corporation.
By accepting this Master Agreement, You agree that the location for any litigation arising out of this Master Agreement will be in King County, Washington, USA. You furthermore agree to waive all rights to request or enforce a change of such location (venue) and You agree that the prevailing party in any litigation brought under this Master Agreement will be entitled to receive reasonable attorney's fees and court costs from the other party.
ISOMEDIA has the right, but not the obligation, to monitor any activity and content associated with its sites or services. ISOMEDIA may investigate any complaint or reported violation of its policies and take any action it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on a hosted web site.
ISOMEDIA also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental request, to protect ISOMEDIA's systems and customers, or to ensure the integrity and operation of ISOMEDIA's business and systems, ISOMEDIA may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history and posted content. You hereby consent to such action by ISOMEDIA.
ISOMEDIA PROVIDES ITS WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ISOMEDIA FURTHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SERVICES AS PROVIDED. ISOMEDIA FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
IN NO EVENT SHALL ISOMEDIA OR ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, OR INTENTIONALLY OR NEGLIGENTLY, THE USE OF ISOMEDIA'S SITE, SERVICES OR THIS AGREEMENT.
ISOMEDIA'S LIABILITY TO ANY USER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAID TO ISOMEDIA IN THE TWELVE MONTH PERIOD DIRECTLY PRIOR TO THE ACTION GIVING RISE TO ALLEGED LIABILITY, OR (B) $100.
You agree not to knowingly transmit, or knowingly permit to be transmitted via any system You control or should control, to or across any site or service operated by ISOMEDIA, any content consisting of unsolicited commercial email or excessive amounts of commercial Usenet postings ("spam"), or any material designed to discover and/or breach the security systems of ISOMEDIA or any third party ("hacking"), or any content known to contain a software virus or Trojan horse ("infected material"), or any content otherwise illegal to possess or transmit under the laws or regulations of the State of Washington or the United States of America ("illegal content"). You agree not to fraudulently forge email headers, Usenet headers, IP packet information, or engage in any other activity designed to hide the point of origin of any content you transmit to or through the ISOMEDIA system ("spoofing"). Standard network techniques such as network address translation or e-mail proxies are not considered "spoofing." You agree not to knowingly attempt to cancel, supercede or otherwise interfere with email or Usenet posts other than those you originate ("cancel bots"). You agree not to use any third party site or service to promote an ISOMEDIA site or service in an abusive manner ("hostile redirection"). You agree not to place or store material on ISOMEDIA sites or services that infringe a third party's copyright or trademark rights, and/or are comprised in whole or in part of illegally obtained trade secrets ("illegal storage").
ISOMEDIA reserves the right to terminate Your service immediately and without notification if You or any system under Your control engages in the transmission of spam, hacking, transmission of infected material, transmission or possession of illegal content, spoofing, use of cancel bots, hostile redirection, acts of illegal storage, or any other violation of ISOMEDIA's Network Abuse Policies.
You acknowledge ISOMEDIA's right to take all available legal and technical steps, including remotely scanning Your ports, to prevent fraudulent or counterfeit e-mail from entering, utilizing or remaining within the ISOMEDIA system.
Per the Digital Millennium Copyright Act, ISOMEDIA is registered with the United States Patent and Trademark Office as an online service provider. ISOMEDIA's designated agent for notification of infringements is Stephen Milton (milton@isomedia.com). As such, ISOMEDIA will, upon notice of copyright infringement by the copyright holder, block outside access to any allegedly infringing materials. If the user in question gives counter-notice, ISOMEDIA will forward such counter-notice back to the copyright holder. If the copyright holder does not file a legal action against the user in question within 14 days, ISOMEDIA will re-instate access to the alleged infringing materials.
You acknowledge that the Internet is an inherently insecure environment and that any computer or other equipment You attach to the internet or to any network attached to the internet may become the target of computer hackers. You are solely responsible for keeping Your machines secure and free of viruses or other harmful programs that can directly or indirectly interfere with the operations of ISOMEDIA's sites and services, and that of third parties connected to its networks. You are solely responsible for guarding against and repairing Your computers and other systems from any infection by malicious code or unauthorized use.
ISOMEDIA will not be held liable for any charges or incidental fees that You may incur through the normal use of Your service. This includes, but is not limited to, long distance charges incurred by calling a long distance phone number to receive customer support or to connect to ISOMEDIA sites or services. You agree to be solely responsible for these fees.
You agree not to resell (or provide free of charge) any ISOMEDIA site or service to any third party without first entering into a Reseller Agreement with ISOMEDIA.
If You purchase services from ISOMEDIA in one to three month increments, no proration of Your prepaid fees will be made in the event of cancellation or termination of service. If You purchase services from ISOMEDIA in an increment longer than three months, in the event of termination or cancellation, and absent a contrary provision in Your service contract, You will be responsible for 50% of the balance of the remaining payments under Your service contract as of the date of Your cancellation or termination. If You purchase services from ISOMEDIA which included a rebate or a discount for length of contract and your service is cancelled or terminated prior to the end of that period, the discount will be revoked and you will be billed for and will be responsible for immediately paying the difference. ISOMEDIA reserves the right to reduce any refund by offsetting expenses ISOMEDIA may have occurred as a result of damages You or Your equipment may have caused. All equipment owned by ISOMEDIA must be promptly returned when your service ends.
You agree to pay when due for the valid charges for our services and agree that such timely payment is an essential condition for our service(s). ISOMEDIA will not pay interest on deposits unless required by law to do so. Faxed copies of signatures shall be as legally binding as original signatures. Any over billing errors must be reported to ISOMEDIA within 90 days of the error, and adjustments or refunds for errors over 90 days will not be made. ISOMEDIA reserves the right to bill you for any item that has not been billed to you and should have been.
You agree to pay for any expenses incurred with a third party vendor because of erroneous personal information you have provided to ISOMEDIA.
You agree not to solicit an offer for the sale of any good or service or an offer of employment to any ISOMEDIA employee. You agree not to offer any ISOMEDIA employee a commission, "spiff", gratuity or any other emolument for the performance of that employee's duties.
ISOMEDIA may unilaterally terminate this Master Agreement at any time, for any reason. You specifically waive Your right to sue or ability to assign Your rights for any losses. If You and ISOMEDIA enter into a separate service agreement that provides for a different termination process, that process will explicitly acknowledge and supercede this clause.
If You have questions or concerns about our terms and conditions, please send an e-mail to notifications@isomedia.com.
Additional Terms & Conditions for Internet Service Customers
This Additional Terms & Conditions Agreement for Internet Service Customers (the "ISP Agreement") is applicable to individuals or companies ("You") who have connected one or more devices to ISOMEDIA's network in anticipation of gaining access to the public internet and/or accessing mail andor web hosting services through ISOMEDIA.
This ISP Agreement is a subsidiary contract between the parties which is integrated into and considered a part of the Master Terms & Conditions Agreement (the "Master Agreement").
By attaching one or more devices to ISOMEDIA's network or by connecting to a mail or USENET news server provided by ISOMEDIA, You agree to and accept the terms of this ISP Agreement and the Master Agreement. If You do not agree to be bound by the terms and conditions in this ISP Agreement and the Master Agreement, do not attach any device to ISOMEDIA's network or attempt to connect to any mail or USENET news server provided by ISOMEDIA.
If any part of this ISP Agreement is found to be unenforceable or unlawful, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Continuing to attach one or more devices to ISOMEDIA's network or attempting to access a mail or USENET news service provided by ISOMEDIA following ISOMEDIA's posting of any changes to this ISP Agreement or the Master Agreement will constitute Your acceptance of such changes or modifications. If You do not agree to any changes to this ISP Agreement or the Master Agreement, do not attach any device to ISOMEDIA's network or attempt to connect to any mail or USENET news server provided by ISOMEDIA.
A current copy of this ISP Agreement, the Master Agreement and all subsidiary agreements can be found at: http://www.isomedia.com/internet_index/terms_internet_index.shtml. The version of this ISP Agreement stored at that URL is considered the current and binding version of this ISP Agreement.
Additional terms and conditions applicable to You are as follows:
1) You agree that ISOMEDIA has no responsibility to cache or maintain email or USENET news postings sent either to or from Your account. You agree that ISOMEDIA has no obligation to deliver email or USENET news postings sent either to or from Your account.
2) ISOMEDIA will route Your domain name into its network. In the event You also elects to have ISOMEDIA register a domain name on Your behalf with a certified registrar, ISOMEDIA will do so with the understanding that ISOMEDIA is not responsible for the ownership, control, or use of the domain name. In addition to fees required by ISOMEDIA to perform such domain registration services, You will be also responsible for all fees of the certified registrar for its domain name services. You agree to comply with the rules and procedures of the applicable domain name registries, registrars or other authorities. You represent that neither the registration nor the use of its domain name will infringe on the rights of third parties. You agree to the "Domain Registration Terms and Conditions" as set out on www.isomedia.com.
3) You agree that if You elect to use an ISOMEDIA spam and/or virus filtering service that You release ISOMEDIA from any and all obligation to cache or maintain such email, any responsibility for errors or omissions introduced when ISOMEDIA's services alter or delete such email, and/or any obligation to deliver such email either to or from Your account.
4) You agree that if You elect to use an ISOMEDIA spam and/or virus filtering service that You understand that such services are not perfect and that the use of such services will reduce, but not eliminate, the spam and/or virus infected email You may receive.
5) You agree that You do not own or have any right, title or interest in Your email address if that address is a part of an ISOMEDIA-owned domain (such as isomedia.com), and that ISOMEDIA may change Your email address at any time for any reason, and that ISOMEDIA has no obligation to forward email sent to any email address You may maintain or may have once maintained on any ISOMEDIA system to any other account You may currently or in the future maintain either on an ISOMEDIA system or a third party system.
6) You accept and understand that ISOMEDIA does not review email or USENET news postings sent to or from Your account and is not responsible for their content. You accept and understand that ISOMEDIA may, from time to time, at Your request or on its own initiative, examine the contents of email directed to or from Your account for network administration and troubleshooting, and that You will not be informed of such examination, nor will Your permission be required to conduct such an examination. You accept and understand that email sent to and from Your account is not private.
7) ISOMEDIA may, from time to time, without notification or permission, alter inbound email to Your account to remove unsolicited commercial messages from competitive services.
8) You agree that ISOMEDIA does not have any responsibility to notify any third party that Your email address has changed, or that Your email privileges have been revoked or suspended, and that ISOMEDIA may, at its sole discretion and without notice, reject incoming emails sent to an email address which has been suspended or revoked, and that if it does so, it bears no obligation to notify the sender or You that the email has been rejected.
9) You agree that if ISOMEDIA is providing DNS hosting services (where ISOMEDIA's systems are recognized as the authoritative source for DNS entries in Your domain or domains), that ISOMEDIA is not obligated to ensure that (a) the DNS system is correctly configured, (b) Your DNS entries will be properly resolved, or (c) ISOMEDIA's DNS systems will be continuously available on an uninterrupted basis. You further acknowledge that it is Your responsibility to test ISOMEDIA's implementation of Your DNS hosting and notify ISOMEDIA of any misconfiguration or error in that implementation.
10) You agree that if ISOMEDIA is providing DNS hosting services (where ISOMEDIA's systems are recognized as the authoritative source for DNS entries in Your domain or domains), that You will provide any requested additions or changes in Your domain's DNS Host, MX, Alias, or other records to ISOMEDIA via email at dns_admin@isomedia.com, and that the number of such changes or entries shall not be unreasonable.
11) If You are separately maintaining Your DNS and domain registrations with a domain name registrar, You agree that ISOMEDIA has no obligation to ensure that Your domain registration is maintained in a current status by the registrar, INTERNIC, or any third party. You are solely responsible for ensuring that Your domain registration is kept current and accurate and that Your account (if any) with Your registrar is kept current. If ISOMEDIA is acting as Your agent to manage Your account with Your registrar, this clause will have no effect.
12) In the event that Your DNS hosting arrangement with ISOMEDIA is terminated, You agree that ISOMEDIA has no obligation to provide DNS files, settings, or any other material related to Your DNS entries in ISOMEDIA's DNS system to You or any third party, and You agree that ISOMEDIA has no obligation to forward DNS requests to or from Your new DNS host.
13) You understand and agree that the internet contains unedited materials, some of which are sexually explicit or may be offensive. You access such materials at Your own risk. ISOMEDIA has no control over and accepts no liability or responsibility whatsoever for such materials.
14) Any IP number assigned to You will only be used for the agreed Service. Upon IP address reassignment or expiration, service cancellation, or termination of this Agreement, You agree to promptly relinquish to ISOMEDIA any IP addresses or address blocks previously assigned to You by ISOMEDIA. ISOMEDIA reserves the right to reclaim from You any assigned IP addresses that are not used by You within 120 days of their assignment. All Classless Inter-Domain Routing ("CIDR") network numbers that may be required for the Service shall be provided solely by ISOMEDIA. When the Service ends, all CIDR numbers must be relinquished to ISOMEDIA for reallocation to other customers and will not be available for continued use by You.
15) Except as otherwise set forth in your Internet Service Order, the Service provided herein is exclusive of all other telecommunications services (the "Telco") which may be required to establish connection for You to ISOMEDIA, and all such costs and the associated terms and conditions required by the Telco to perform such services shall be directly between You and Telco provider.
16) In the event of a service interruption for a full calendar day, ISOMEDIA will provide an additional day of service at the end of the stated term for each day You experience this problem. This is the sole remedy available to You for Service disputes and will be granted solely by ISOMEDIA. A "service interruption" for this purpose does not include periods when all or part of the network is unavailable due to (i) scheduled network normal maintenance (with at least 24 hours advance notice to You), (ii) failure or malfunction of equipment, applications or systems not owned or not controlled by ISOMEDIA or its 3rd party providers, (iii) malfunction or inappropriate engineering of Your network, applications, equipment, or facilities, (iv) negligence and acts or omissions of You, Your customers, employees, contractors or agents or Your end users, or (v) circumstances or causes beyond the control of ISOMEDIA or its third party providers, including but not limited to fire, flood, severe storms, earthquake, volcanic eruption, or acts of war or terrorism. You must give ISOMEDIA notice of any such service interruption or claim for service credits within 30 days of the event related to the claim.
17) Telecommunications circuits provided by ISOMEDIA to You are subject to varying State and Federal taxes depending upon the location of the installed Service. These costs to ISOMEDIA may be passed on to You as a "Telecommunications Surcharge". For customers in Washington State this surcharge is 12%); for customers residing outside of Washington State this surcharge is 5%.
18) ISOMEDIA provides ISP services on the basis of reasonable availability. It may, without notice, disconnect all or part of its network from external internet connections for maintenance, equipment replacement, or for network security. You agree that ISOMEDIA's failure to maintain uninterrupted or continuous connection to the internet at any rate of transmission including total service outage is not cause for termination of any service agreement You may have entered into with ISOMEDIA, nor is it cause for reimbursement of any damages or harm that may be caused by such interruptions. You agree that You understand that the nature of the internet and the TCP/IP network protocol used by internet services defines no specific quality of service, and that packets transmitted to or from ISOMEDIA and/or to or from the internet may be lost in transmission, misrouted by ISOMEDIA equipment or the equipment of third parties, or delayed by network latency.
19) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. Because of credit and other constraints You may not assign this Agreement without the prior written consent of ISOMEDIA.
In addition to any other remedies, if You fail to adhere to the above ISP Terms & Conditions, ISOMEDIA may, at its discretion, suspend or terminate any services ISOMEDIA is providing to You. You specifically waive Your right to sue or ability to assign rights for any losses. If You and ISOMEDIA enter into a separate service agreement that provides for a different termination process, that process will explicitly acknowledge and supercede this paragraph.
Network Abuse Policies
System abuse is strictly prohibited. ISOMEDIA.COM may terminate or modify service immediately and may bill for any resulting support charges if the client engages in system abuse. Following is a list of actions, which are defined to be system abuse. This list is non-exclusive; any action about which there is any doubt should be referred to ISOMEDIA.COM for evaluation.
Actions which constitute system abuse include, but are not limited to:
1) Attempting to circumvent user authentication or security of any host, network, or account on ISOMEDIA.COM systems or the Internet at large ("cracking").
2) Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
3) Forging email or USENET posting header information.
4) Sending large numbers of unsolicited mail messages (i.e."junk mail") this includes adding or attempting to add addresses to any mailing list without explicit positive consent of the addressee.
5) Forwarding or posting "chain letters" (multiple forwarding) of any type.
6) Posting inappropriate messages to USENET newsgroups e.g., posting large numbers of unsolicited posts indiscriminately ("spamming"), or posting encoded binary files to USENET newsgroups not specifically named for that purpose.
7) Attempting to cancel, supersede, or otherwise interfere with email or USENET posts other than one's own.
8) Engaging in harassment, whether through language, frequency, or size of messages.
9) Using an account at another provider to promote an ISOMEDIA.COM Web site in an abusive manner.
10) Using an ISOMEDIA.COM account or network connection to collect replies to messages sent from another provider which violate these rules or those of that provider.
11) Reselling ISOMEDIA.COM services to third parties who do not abide by these guidelines.
12) Placement of copyrighted or trademarked information on servers maintained by ISOMEDIA.COM.
13) Using ISOMEDIA's system or equipment in support of activities that would, if conducted on ISOMEDIA's system, violate ISOMEDIA's Network Abuse Policies.
14) Any activity which ISOMEDIA believes, in its sole judgment, to be in support of spamming activities.
Transmission of Unsolicited Bulk E-Mail
ISOMEDIA does not authorize the use of its proprietary computers and computer network to accept, transmit or distribute unsolicited bulk e-mail sent from the internet to its customers. ISOMEDIA does not authorize the harvesting or collection of screen names from its equipment or customers for the purpose of sending unsolicited bulk e-mail. ISOMEDIA reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from entering, utilizing or remaining within the ISOMEDIA system. Unauthorized use of the ISOMEDIA system in connection with the transmission of unsolicited bulk e-mail or conterfeit or misleading e-mail may result in substantial civil penalties against the sender, including those provided by the Washington Commercial Electronic Mail Act (Wash. Rev. Code Chapter 19.190 et seq.) and the federal Computer Fraud and Abuse Act (18 U.S.C. sections 1030 et seq.).
Additional Terms & Conditions for Resellers
This Additional Terms & Conditions Agreement for Resellers (the "Reseller Agreement" or "Agreement") is applicable to individuals or companies ("You") who are engaged in the business of buying services from ISOMEDIA, Inc., ISOMEDIA.COM LLC, and all other ISOMEDIA Inc. entities ("ISOMEDIA"), and reselling (or providing free of charge) all or part of those services to any third party.
This Reseller Agreement is a subsidiary contract between You and ISOMEDIA which is hereby integrated into and considered a part of the Master Terms & Conditions Agreement (the "Master Agreement").
This Reseller Agreement specifies additional terms and conditions You accept and agree to abide by when reselling (or providing free of charge) any service provided by ISOMEDIA to any third party. In addition, additional subsidiary agreements may also be integrated into this Reseller Agreement through the Master Agreement depending on which ISOMEDIA provided services You resell.
If You do not agree to be bound by the terms and conditions in this Reseller Agreement and the Master Agreement, do not resell ISOMEDIA's site or services.
Time is of the essence with regard to all terms and conditions in this Reseller Agreement.
The Master Agreement describes the process and procedure for making updates to this Reseller Agreement.
If any part of this Agreement is found to be unenforceable or unlawful, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Continuing to resell services provided by ISOMEDIA following ISOMEDIA's posting of any changes to this Reseller Agreement or the Master Agreement will constitute Your acceptance of such changes or modifications. If You do not agree to any such changes, do not continue to resell the services.
A current copy of this Reseller Agreement, the Master Agreement and all subsidiary agreements can be found at: http://www.isomedia.com/internet_index/terms_internet_index.shtml. The version of this Reseller Agreement stored at that URL is considered the current and binding version.
Additional terms and conditions applicable to You as a reseller are as follows:
1) You must enter into a written contract with each and every party to whom You resell (or provide without cost) ISOMEDIA services, specifying that You are reselling services provided by ISOMEDIA, and that contract must include the following text, exactly as written here:
ISOMEDIA PROVIDES ITS WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ISOMEDIA FURTHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SERVICES AS PROVIDED. ISOMEDIA FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
IN NO EVENT SHALL ISOMEDIA BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, OR INTENTIONALLY OR NEGLIGENTLY, THE USE OF ISOMEDIA'S SITE, SERVICES OR THIS AGREEMENT.
ISOMEDIA'S LIABILITY TO ANY USER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAID TO ISOMEDIA IN THE TWELVE MONTH PERIOD DIRECTLY PRIOR TO THE ACTION GIVING RISE TO ALLEGED LIABILITY, OR (B) $100.
2) You must require that any and all parties You resell ISOMEDIA services to agree to the terms of the ISOMEDIA Master Agreement.
3) You agree to indemnify and hold harmless ISOMEDIA, its owners, officers, directors and staff against any claim or action arising from the operation of Your business or any equipment under Your control.
4) You agree that You are an independent contractor and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Reseller Agreement or the use of ISOMEDIA sites or services.
5) You agree not to use ISOMEDIA's trademarks, trade dress, or any other aspect of ISOMEDIA's brand identity (or those of any ISOMEDIA affiliate) without explicit written permission, and that such permission must be granted prior to the use of any such content, and may be withheld by ISOMEDIA for any reason at its sole discretion.
6) You agree that any billing or other financial transaction conducted between You and Your customers is wholly separate from Your obligation to ISOMEDIA, and that no delay or alteration of any outstanding account balance owed by You to ISOMEDIA will be affected by Your ability to in turn collect monies owed to You by Your customers.
7) You agree that ISOMEDIA shall have no obligation to enforce your separate terms of service or contractual arrangements with any third party.
8) You agree not to encumber or seek to encumber ISOMEDIA, or any ISOMEDIA service or facility with any agreement or relationship with any third party, and you agree not to attach or seek to attach ISOMEDIA to any litigation or arbitration procedure.
9) You agree that no exclusive arrangement exists between You and ISOMEDIA, or between Your customers and You and ISOMEDIA, and that ISOMEDIA may solicit and engage in any business, at any time, for any amount, without any other condition, and without any approval by You, with Your customers, including switching any and all services You are providing as a reseller to a direct relationship with ISOMEDIA, without any compensation to You.
10) You agree not to resell any ISOMEDIA service to any third party without the written permission of ISOMEDIA and that such permission must be granted prior to the solicitation of an offer to resell any such services, and such permission may be withheld by ISOMEDIA for any reason at its sole discretion.
Without limiting any other remedies, if You fail to adhere to the above Terms & Conditions, ISOMEDIA may, at its discretion, suspend or terminate any and all services ISOMEDIA is providing to You. You specifically waive Your right to sue or ability to subrogate those rights for any losses. If You and ISOMEDIA enter into a separate service agreement that provides for a different termination process, that process will explicitly acknowledge and supercede this paragraph.
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
©2000, 2002, 2007 The Internet Corporation for Assigned Names and Numbers. All rights reserved.
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