Welcome to Cline Communications. This Agreement defines the terms and conditions of Cline Communications services as listed on http://clinecommunications.net as (the "Services"). Cline Communications will provide the Services selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement.
BY REGISTERING FOR THE SERVICES YOU SIGNIFY ELECTRONICALLY YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS.
You certify that you are at least 18 years of age. To become a Cline Communications account holder, you must read and agree electronically to be bound by all terms and conditions of this Agreement, the fee schedules and any policies that are or may be published by Cline Communications. If you do not agree to these terms, do not sign up for the Services. For purposes of this Agreement, the term “you” means you as an individual or the entity registering for the Services.
This Agreement will become effective when accepted by Cline Communications. Cline Communications may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You agree to review the terms of this Agreement periodically to keep apprised of any changes or updates. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services after the changes take effect. In addition, certain services such as dedicated server hosting may be subject to additional terms, which will supplement this Agreement and will be binding on you if you sign up for such services. Payments must be submitted in advance of receiving the Services.
You agree to provide Cline Communications with current and accurate contact and billing information, including your legal name, address, telephone number, e-mail address and to update this information immediately in your Customer Manager if any changes occur. You represent and warrant that you have full authority to enter into this Agreement and to bind your business or entity to these terms.
1. Scope of services and Obligations
1.1. Web Hosting
1.1. A. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. Cline Communications assumes no responsibility to provide you with such knowledge. You are responsible for all activity on your account, including the use of your account by others. You and your account may be subject to disciplinary action or termination of your account is used inappropriately.
1.1. B. You agree to comply with the requirements of the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Cline Communications is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. Section 512. Consistent with the DMCA, Cline Communications will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Cline Communications has a policy of terminating accountholders who are repeat copyright infringers.
1.1. C. Cline Communications offers a 7 day money back guarantee to a customer's first Web Hosting account purchased (including setup fees). All added features to your Web Hosting account are nonrefundable. Annual contract commitments are excluded from this offer.
1.1. D. You agree to pay all charges for purchases that you make from Cline Communications, including all applicable taxes, fees and surcharges. You must select a payment method to pay Cline Communications for all charges. Cline Communications will bill you through the payment method that is associated with your account. If you secure your account with a credit card or electronic check, you acknowledge that Cline Communications will bill your credit card or checking account prior to receiving service. You authorize automatic billing by Cline Communications on an on-going basis during the term of this Agreement. You authorize Cline Communications to charge your designated payment method for all charges you incur under your account and to retain information about the payment method associated with your account. If you wish to cancel your service, you must do so prior to your next due date to avoid being charged for additional month(s) of service.
1.1. E. Delinquent accounts are those that remain unpaid at the next due date. The Services will be suspended if your account is delinquent for 30 days or having an expired or declined credit card. Notwithstanding any other rights Cline Communications may have in this Agreement, all of your website contents will be destroyed if your account is delinquent resulting in account termination. Cline Communications accounts continue to accrue charges while they are delinquent or if the Services are suspended.
1.1. F. If you wish to cancel your Web Hosting account, you must do so prior to your next due date to avoid being charged for additional month(s) of service. You may cancel your Cline Communications services by sending an email to firstname.lastname@example.org or contacting the billing department over the phone.
1.1. G. Cline Communications does not offer a prorated refund based on the early cancellation of your services. If you are on a multi-month payment interval and wish to cancel a service prior to the end of the term, you will forfeit any money paid for the services. Once money has been received on an account, this account will be considered under contract for the service provided by Cline Communications for the term of agreement. This policy is in effect for all accounts at Cline Communications.
1.2 Domain Registration
1.2. A. In connection with requesting that Cline Communications assist you with registration services to obtain an Internet domain name (“Domain Name”), you represent and warrant the following: (a) you are providing true, correct, up to date and complete registration information; (b) the registration you have asked Cline Communications to make is not made with a "bad faith intent" (as that term is used in the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d)); (c) the Domain Name does not conflict with another domain name; (d) to your knowledge, the registration of the Domain Name will not directly or indirectly infringe upon or otherwise violate the rights of any third party; (e) you are not seeking registration for an unlawful purpose; (f) you will not use the Domain Name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, such as "netiquette"; and (g) you will not knowingly use the Domain Name in violation of any applicable laws or regulations, including without limitation, use the Domain Name for any slanderous purposes, or in connection with the distribution or receipt of child pornography. It is your responsibility to determine whether the Domain Name registration infringes or violates someone else's rights. Cline Communications may in its sole discretion reject to use of, or request for, a particular Domain Name. Cline Communications offers its Domain Name registration services on an “AS IS” and “AS AVAILABLE” basis. Cline Communications makes no representation or warranties of any kind regarding the availability, or the propriety of any use of, any Domain Name requested by you, even if an inquiry indicates that a domain is available at the time of your application. Cline Communications does not represent or warrant that its services in connection with registration of the Domain Name will prevent challenges to the Domain Name or shield you in any way for liability for the use of the Domain Name.
1.2. B. Cline Communications is bound to use ICANN's dispute policy if any person challenges the registration of the Domain Name you have selected (the "Dispute Policy"), which can be found at http://www.icann.org/dndr/udrp/policy.htm. You agree that Cline Communications, in its sole discretion, may cancel, transfer, suspend or otherwise make changes to the domain registration if Cline Communications (a) is in any way involved in a proceeding in connection with the Dispute Policy, (b) receives any order from any court or arbitral tribunal threatening or requiring such action, or (c) determines that you have breached any of your representations and warranties in Section 1.2. You understand that Cline Communications has no obligation to defend you in the event any dispute arises in connection with the Domain Name and that Cline Communications shall not be liable to you for loss or damages that may result from Cline Communications'refusal to register, cancellation, suspension, transfer or modification of your Domain Name registration.
1.2 C. As consideration for Cline Communications domain name registration services, you agree to pay all applicable registration fees and renewal fees. Such registration fees and renewal fees are non-refundable. You agree that Cline Communications will attempt to collect payment for a one year renewal of your domain name registration 15 days prior to its expiration date and renew your domain name accordingly.. If Cline Communications is unable to collect payment for your domain name registration, your domain name registration will not be renewed. If you do not pay the renewal fees by the time specified in the renewal notice, your registration will expire. You agree that Cline Communications will have no liability whatsoever with respect to any such expiration and that Cline Communications may transfer the Domain Name in the event of any delinquency in payment.
3. Ownership and License
Cline Communications does not claim any ownership of data or content provided by you for hosting on the Services. However, in connection with the Services, Cline Communications may make available to you certain content, technology and software owned by Cline Communications or licensed from third parties (which may include corresponding documentation, associated software components, media, printed materials, and "online" and electronic documentation and all updates and upgrades thereto) (the "Applications"). You agree that the Applications are the exclusive property of Cline Communications and its licensors and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Any Application provided to you by Cline Communications is licensed, not sold, for use only with the Services running on Cline Communications servers on a personal, limited, non-exclusive, and non-transferable basis. You shall not (and you shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Applications. You agree neither to modify the Applications in any manner or form, nor to use modified versions of the Applications, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface? that is provided by Cline Communications for use in accessing the Service.
4. Disclaimer of Warranties.
THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” Cline Communications makes no express warranties or guarantees about the Service. TO THE EXTENT PERMITTED BY LAW, Cline Communications DISCLAIMS IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. Cline Communications DOES NOT GUARANTEE THAT ACCESS TO THE SERVICES WILL BE AVAILABLE AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING. Cline Communications MAKES NO REPRESNTATIONS OR WARRANTIES THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO THE DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME ASSOCIATED WITH YOUR ACCOUNT.
5. Limitation of Liability and Indemnification
5.1. IN NO EVENT SHALL Cline Communications BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF Cline Communications SERVICES, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, THE PROCESSING OR ADMINISTRATION OF A DOMAIN NAME APPLICATION) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Cline Communications SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Cline Communications SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Cline Communications HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Cline Communications MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Cline Communications FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Cline Communications LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT YOU ASSUME ALL RESPONSIBILITY TO BACK UP DATA ON YOUR OWN AND AT YOUR OWN EXPENSE ANY DATA THAT YOU MAY USE WITH THE SERVICES.
5.2. You agree to indemnify, defend and hold Cline Communications and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Cline Communications servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, child pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Cline Communications equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Cline Communications gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
6. Procedure for making claims of copyright infringement.
Cline Communications respects the intellectual property of others. If you believe that your work has been copied and is accessible on Cline Communications that in a way that constitutes copyright infringement, please Email email@example.com and include “Copyright Infringement” in the subject line to report possible copyright infringement.
7. Arbitration; Governing Law
7.1. Except for Cline Communications compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by Cline Communications pursuant to Section 4(b), if any controversy or dispute arises in connection with this Agreement, the Services or your use of Cline Communications servers, such controversy or dispute shall first be presented for resolution by Cline Communications and you. If no resolution is reached within 7 days thereafter, then such controversy or dispute shall be resolved by binding arbitration in Richland, WA, under the then-current rules of commercial arbitration of the American Arbitration Association. Each party shall select an arbitrator with expertise in computer law and the Internet, and these two arbitrators shall select the third arbitrator with such expertise. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Washington (without regard to conflicts of laws principles).
7.2 BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST Cline Communications BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF WASHINGTON OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH CLINE COMMUNICATIONS; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF WASHINGTON FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
8. Electronic Transactions and Notices.
You understand and agree that Cline Communications, as an online service, transacts with its customers electronically. Your affirmative act of submitting your registration and checking the “I agree” box constitutes your signature to this Agreement. This Agreement and your electronic signature shall have the same force and effect as an agreement in writing. You further agree to receive all required notices from Cline Communications electronically. Cline Communications MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (1) VIA THE E-MAIL YOU HAVE PROVIDED TO Cline Communications OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY CLINE COMMUNICATIONS FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by Cline Communications, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by canceling your use of the Services.
9. U.S. Government End-Users.
Cline Communications and any software products offered with Cline Communications are a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial software" and "commercial computer documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the tools with only those rights as set forth herein.
10. Export regulations concerning applications.
The Applications are subject to export and import laws, regulations, rules and orders of the United States and foreign nations. You must comply with these laws that apply to the Applications. You may not directly or indirectly export, re-export, transfer, or release the Applications, any other commodities, software or technology received from us, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government.
11. Cline Communications Right to Terminate Agreement
Cline Communications reserves the right to suspend, deactivate or terminate the Services to you and remove or prevent access to any Cline Communications servers at any time, without prior notice or liability, for any conduct that Cline Communications, in its sole discretion, believes violates this Agreement or is otherwise harmful to Cline Communications interests or the interests of other accountholders. (b) Cline Communications also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, or other judicial or equitable relief (and, pending such action, to suspend all access to Cline Communications servers) if any third-party claim is made that your content or use violates any of the acceptable uses or your obligations or representations described in this Agreement. If your Service is canceled or terminated, any data you have stored on such Service may not be retrieved later. If a dedicated server is disabled, the regular monthly fee shall still apply.
Service fees charged by Cline Communications are exclusive of any and all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services provided under this Agreement, except that your income taxes and any sales or similar taxes on the sale of your products and services to end users shall be the sole responsibility of you.
Cline Communications may assign this Agreement at any time, with or without notice to you. You may not assign your rights and obligations under this Agreement without the prior written consent of Cline Communications, which may be withheld at Cline Communications discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Cline Communications to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by Cline Communications of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by Cline Communications. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Cline Communications and supersede and govern all prior proposals, agreements, or other communications.