TERMS OF SERVICES
ZULUTION LLC MASTER SERVICES AGREEMENT (“MSA”)
date remaining modified: febuary 21, 2017
this services settlement (the “settlement” and/or “phrases and conditions”), as amended sometimes by means of aellaria consultancy limited, its subsidiaries, affiliates, predecessors, successors and assigns (the terms “aellaria consultancy restrained., Zulution LLC,”, “webxilla”, “us,” “we” and/or “our” shall discuss with Zulution LLC), among you (the terms “customer,” “you” and/or “your” shall talk to the individual, entity or agency that accepts this settlement, has get admission to to your account or uses the offerings) and Zulution LLC, units forth the phrases and situations relevant to your buy and/or use of our services and products (together, the “offerings”) as similarly set forth herein. you and Zulution LLC together may be stated herein as the “events” and each may be stated herein as a “birthday celebration.” this settlement explains our duties to you, and your duties to us on the subject of any offerings you buy or in any other case utilize.
you renowned that you have examine, recognize and agree to be sure with the aid of all of the terms and situations of this settlement, as well as all different relevant rules or guidelines, phrases and situations, or carrier agreements that are or can be established by means of Zulution LLC every now and then and are integrated herein through reference. you could additionally pick to purchase extra offerings (the “accessories”) from Zulution LLC, our partners and/or other third events, which may also have their own provider agreements or other related terms and situations, and it’s far your obligation to review, receive and abide by those service agreements or other associated phrases and conditions, in addition to this agreement.
Zulution LLC is of the same opinion to conform in all cloth respects with the charge card industry data protection preferred (“pci-dss”) to the volume relevant to Zulution LLC and to the quantity Zulution LLC is storing, processing, or transmitting any “cardholder records” or “touchy authentication data” (as those defined beneath the pci-dss) in reference to the services.
this agreement applies to all offerings, whether or not purchased or utilized one after the other or as a part of a whole answer or packaged package. your purchase of the services, persevered use of the services, and/or persevered get entry to to the services constitutes your attractiveness of this settlement. in case you buy services that are bought together as a “bundled” bundle (e.g., you purchase a package deal that consists of both a website call and a internet site or other services, as opposed to your purchasing such offerings one by one), termination of any part of the offerings will bring about the termination of all Zulution LLC offerings furnished as part of the bundled bundle. see section four (termination) for extra details in this concern. Zulution LLC similarly reserves the right to adjust the offerings, at our sole and absolute discretion, either quickly or permanently, at any time or once in a while, with or without word to you. you agree that Zulution LLC shall not be liable to you or any 1/3 celebration for any such amendment of the services and that your continued use of the changed offerings, and/or persisted get admission to to the changed services, constitutes your attractiveness of the sort of adjustments.
you acknowledge and agree that a few or all the services you purchase or receive from us can be provided via one or more vendors, contractors or associates selected with the aid of Zulution LLC in its sole and absolute discretion. as a part of your offerings, Zulution LLC may offer you access to third-party functionality or offerings, such as, however not confined to, applications, widgets, wealthy site precis (“rss”), different forms of news, event and enterprise feeds, calculators, advocated copy, forms and templates which might be included or provided as part of one or extra of the offerings (collectively, “0.33-birthday celebration capability”). you acknowledge and agree that your use of any 0.33-celebration capability to which you are provided get admission to as a part of any Zulution LLC offerings is in accordance with the terms of any relevant third-party licenses, agreements and/or terms and conditions. your failure to abide by way of this type of 0.33- celebration licenses, agreements and/or terms and conditions may bring about the on the spot termination of your offerings provided by means of Zulution LLC. you apprehend and agree that Zulution LLC does not manipulate such 0.33-party functionality and is therefore now not liable to you or any 0.33 birthday celebration for any problems of any type referring to troubles regarding 0.33-birthday celebration capability. Zulution LLC reserves the proper, in its sole and absolute discretion, to terminate, suspend, cancel or regulate your access to third-birthday celebration functionality at any time and with out be aware to you.
- prices and bills, term & renewals
as consideration for the services you purchase, order or otherwise make use of, you compromise to pay Zulution LLC all applicable costs and charges as specific inside the associated order process, with such prices and charges difficulty to exchange as supplied in this settlement. all prices and fees are due right now or upon ordering and are non-refundable, except as otherwise expressly furnished on this settlement, as required with the aid of relevant law, or as such costs and costs are billed with the aid of Zulution LLC underneath an bill or order affirmation for services issued to a customer that expressly permits fee inside thirty (15) days after Zulution LLC has sent the patron such bill or order confirmation (“internet-15 clients”). Zulution LLC may additionally require a customer to efficiently complete a credit score software prior to such client qualifying to grow to be a net-15 client.
if you require extra services, then additional prices and costs will practice pursuant to then present day fees, which are additionally challenge to change in accordance with this settlement. all quoted costs and expenses exclude all relevant sales tax, use tax, value added tax (“vat”), and other taxes and government charges, whether or not federal, kingdom or overseas. you’re responsible for price of all such taxes, expenses, duties and fees to your price for the acquisition of services bobbing up from any and all costs under this agreement. consequently, you compromise to pay all vat, income and other taxes related to Zulution LLC services or payments made by using you hereunder. all bills of charges and expenses for Zulution LLC services will be made in Hong kong. dollars. even though Zulution LLC may also display pricing in numerous currencies, transaction processing is supported best in Hong kong. greenbacks and the pricing displayed at some stage in the checkout system might be an estimated conversion fee at the time of purchase. if the foreign money of your financial institution or credit card account is not in Hong kong. bucks, you may be charged change charge conversion fees by your financial institution or credit score card organisation. similarly, because of time differences among (i) the time you whole the checkout procedure; (ii) the time the transaction is processed; and (iii) the time the transaction posts for your financial institution or credit score card, the conversion rates may additionally fluctuate and Zulution LLC makes no representations or warranties that (a) the quantity submitted in your financial institution or credit score card for price might be the same quantity that is posted on your financial institution or credit card declaration or (b) the expected conversion charge will be similar to both the amount processed or the amount posted in your bank or credit card assertion, and you settle to waive any and all claims against Zulution LLC primarily based upon such discrepancies (which includes any and all claims for a reimbursement primarily based on the foregoing). you acknowledge and agree that you may be charged vat based at the us of a indicated in the account holder’s address facts related to your account. installation charges and charges, if any, will become payable on the relevant powerful date for the applicable offerings.
except in any other case stipulated within the associated order system, fee for the offerings are to be made via a price to your credit score card, fee card, paypal account or financial institution account provided to us (“the account”). you’re entirely and certainly responsible for any account records that you offer to Zulution LLC and need to directly tell Zulution LLC of any modifications or updates to the approach of fee. by means of submitting an order for offerings, you authorize Zulution LLC to rate the order to the account or to in any other case at once bill you for the services. you well known and agree that except in any other case expressly stipulated in the order method or in any other case modified afterwards in accordance with the relevant manner, all annual, monthly or different recurring costs related to the services or otherwise referenced in this settlement are to be recurring transactions on the way to be billed on an ongoing basis until the services are terminated in accordance with this agreement. if you have supplied billing information sufficient for computerized billing, then Zulution LLC will bill you routinely in accordance with the applicable billing frequency. you are obligated to pay for the whole quantity of the agreement, even supposing such full amount is scheduled to be paid in installments. if you decide on to pay for the offerings in installments, provided this sort of fee schedule is expressly approved and generic through Zulution LLC, all installments should be received on or before the relevant due date. if you qualify, we may, at our sole and absolute discretion, extend fee terms to you below our webxilla account credit score application.
pricing for offerings, renewals, and product enhancements and add-ons may also range primarily based upon the date of your purchase. additional charge terms may also apply to the offerings you buy, as set forth within the relevant supplemental service and product agreements to this agreement, on our website or as otherwise mentioned in the applicable order manner.
until in any other case designated herein, on our internet site or within the applicable order system, each Zulution LLC service is for a one-month initial term and could routinely renew on a recurring foundation until the settlement is well terminated according with its terms. any Zulution LLC service that offers for a monthly billing cycle could be billed each 4 (four) weeks, until you opted for an annual subscription, wherein case your subscription will renew at the anniversary of the date of buy. any renewal of your services with us is concern to our then contemporary terms and conditions, which includes, however now not confined to, a hit crowning glory of any applicable authentication method, and charge of all relevant carrier charges and costs on the time of renewal, and in the case of area call re-registration, the domain call registry’s attractiveness of your area name registration. domain names which are covered ‘unfastened for one year’ as a part of any plan will renew robotically every year at the anniversary of the account creation date and at a rate of $19.ninety nine consistent with yr. domains purchased as stand-on my own offerings automatically renew annually from the date of purchase at a fee of $19.ninety nine in step with year. cancellation of a site name requires 30-days written word. it is at webxilla’s final discretion if any refund is issued should a cancellation request be submitted after the renewal date has exceeded.
Zulution LLC will provide you with an opportunity to decide-in to our automated renewal technique in accordance with the instructions (and challenge to your settlement to the phrases and situations concerning that manner) on our website or in the relevant order system. you compromise that in case you are enrolled in or otherwise utilising our auto-renew carrier, we are able to try to renew your provider at some point much less than thirty (30) days previous to its expiration [without notice to you]. we are able to enterprise, but aren’t obligated, to offer you with word prior to the renewal of your offerings at least fifteen (15) days prior to the renewal date. such automated renewal on your offerings, if successful, may be for a shorter term than the time period for that you in the beginning bought your services, but in no event shall such time period be longer than the term then currently in location for the services. you further agree that, need to the option to trade from automobile-renewal to guide renewal be made to be had, which you need to name Zulution LLC customer support on the way to facilitate the sort of exchange . in any event, you are solely and truly accountable for the credit score card or payment records you provide to Zulution LLC and need to right away tell Zulution LLC of any changes thereto (e.g., change of expiration date or account wide variety). you renowned and agree that Zulution LLC may also expand the expiration date for your credit card on file with us if you want to defend in opposition to undesirable expiration of your services and to permit for the automatic renewal thereof. similarly, you’re completely and clearly liable for ensuring the offerings are renewed. Zulution LLC shall haven’t any liability to you or any 0.33 celebration in reference to the renewal as defined herein, including, but not confined to, any failure or errors in renewing the services whether or not because of you, us or a third birthday party. so that it will procedure a renewal under our auto-renew provider, we may also use third-birthday party carriers for the motive of updating the expiration date and account variety of your credit score card or different charge method on file. such 1/3-birthday celebration companies hold relationships with various credit score card issuers and can be capable of provide us with the up to date expiration date and account range on your credit score card by means of evaluating the facts we’ve got on report with the information the 1/3-celebration dealer has on record. by deciding on our automobile-renew carrier, you acknowledge and agree that we can also proportion your credit card or other fee technique information with such 1/3-birthday party vendors for the cause of obtaining any replace for your credit card expiration date, account wide variety or charge account.
within the occasion that you are not enrolled in car-renew, or are enrolled in services that don’t require you to have opted-in to car-renew, and need to renew your offerings, you renowned and agree you are answerable for actively renewing your services and also you similarly expect all threat and results in case you wait till the cease of the services time period or in any other case to attempt to renew any services. if any provider is not correctly renewed previous to the expiration of its then modern term, all your rights to such carrier will terminate, and we will haven’t any duty to can help you renew a service once its expiration date has exceeded. additionally, for area name registration offerings, even if a registry administrator or 1/3-party provider company offers a grace duration to Zulution LLC upon expiration or termination of such provider, you renowned and agree that any put up-expiration renewal or redemption tactics applied to your behalf are at our sole and absolute discretion, and can be problem to a overdue fee, reinstatement fee, redemption rate and/or different rate.
with out restricting any of Zulution LLC’s rights hereunder, have to any price payment end up delinquent, Zulution LLC may also droop or cancel your offerings; furnished, however, associated fees will maintain to accrue. you well known and agree that Zulution LLC is not responsible whatsoever for any impact the suspension of services would possibly have. if Zulution LLC gives any service discount to you and you default on bills or duties as mentioned herein, Zulution LLC may also rescind all reductions and require complete fee for the offerings. all sums due and payable that stay unpaid after any relevant cure duration herein will accrue interest as a late fee of one.five% in step with month or the maximum quantity allowed by using regulation, whichever is much less. Zulution LLC in addition reserves the proper to refer any quantities owed hereunder to a 3rd birthday celebration for collection inside the event of default. within the occasion your account is despatched to series, you agree to pay all prices of series, which includes expenses, litigation and lawyers’ expenses. a $20.00 (twenty Hong kong. dollars) series price may be charged for all dishonored tests. moreover, an additional price can also be assessed for the subsequent reasons: (i) late price; (ii) fee with inadequate funds; (iii) denied or invalid credit card range; or (iv) the re-beginning or reinstating of offerings terminated for nonpayment. Zulution LLC will re-begin or reinstate any such provider in our sole and absolute discretion and problem to our receipt of the relevant provider charge, renewal fee or other rate.
if customer can pay for the services by way of credit score card, debit card or price card, patron completely and irrevocably waives any and all proper to enact a ‘chargeback’ (this is, a disputed, reversed or contested price with the applicable financial institution, credit card, charge card or different fee technique) towards these bills for any reason in any way against Zulution LLC. if for any reason Zulution LLC is unable to charge your account or other charge approach for the entire quantity owed for the offerings supplied, or if Zulution LLC receives notification of a chargeback, reversal, payment dispute or is charged a penalty for any fee it previously charged to your account or other price technique, you settle that we may additionally pursue all available lawful remedies so one can attain fee, inclusive of, however not restrained to, instant cancellation, with out note to you, of any your services (together with domain names). we additionally reserve the right to price you affordable “administrative prices” or “processing fees” for (i) additional duties we may carry out out of doors the normal scope of the services; (ii) time beyond regulation and/or fees we may additionally incur in providing the services, and/or (iii) your noncompliance with this agreement (as determined by us in our sole and absolute discretion). traditional administrative or processing price scenarios consist of, but aren’t restricted to: (i) customer support issues that require additional private time or interest; (ii) udrp moves(s) in connection with your area name(s) and/or disputes that require accounting or legal offerings, whether finished via Zulution LLC team of workers or with the aid of outside companies retained with the aid of us; (iii) recouping any and all prices and fees, which includes the fee of services, incurred by means of Zulution LLC as the effects of chargebacks or different price disputes introduced through you, your bank or other charge method processor. those administrative costs or processing fees may be billed to the account or other fee method you have on file with Zulution LLC.
consumer understands and concurs that all Zulution LLC prices and costs are nonrefundable and that Zulution LLC may change any price, price, rate or plan at any time upon be aware to purchaser in accordance with phase 26 (notice) of this settlement.
- usually. Zulution LLC might also terminate this settlement at once for any or no motive and with out be aware to you. with out limiting the foregoing, Zulution LLC reserves the right to suspend or terminate all services at once without word to you if Zulution LLC determines, in its sole and absolute discretion that you have failed to comply with your obligations as set forth on this settlement. within the occasion of your chargeback by using a credit card, debit card rate card or different price technique, or other non-price by means of you in reference to your payments of the applicable billing cycle fee, renewal fee or different relevant price, you well known and agree that all of your services may be suspended, canceled or terminated, in our sole and absolute discretion and with out be aware to you.
- except otherwise stipulated within the related order process, you could terminate this settlement and the offerings through calling Zulution LLC customer service, whereby this termination request can be recorded, and the offerings will terminate as of the give up of the relevant, current billing period. you are responsible for all costs incurred as much as and along with the date of termination and upon termination you could obtain a very last invoice reflecting the stability due for any last expenses and comply with pay all such costs incurred via you and/or through your utilization of the offerings. if you order any services with the aid of cellphone and do now not conform to be legally sure through these terms and situations at that point, you must notify Zulution LLC within seventy- (72) hours from the time that Zulution LLC has despatched you a welcome email for your account electronic mail cope with on record, that you desire to cancel such services, whereby the services may be cancelled, and a refund of any payments or costs already paid to Zulution LLC with recognize to the order of the offerings can be issued, and not using a in addition responsibility by either birthday celebration. your failure to notify Zulution LLC of cancellation of any services as defined above will indicate which you renowned and agree which you have examine and understood those phrases and situations and comply with be legally certain by them.
- except as otherwise expressly set forth herein or on our website, Zulution LLC will stop charging your credit score card, debit card charge card or other fee method if relevant, for any monthly provider charges as of the expiration of the billing cycle wherein the termination is powerful. until otherwise specified in writing by using Zulution LLC, you may now not acquire any refund for bills already made by using you as of the date of termination, no matter whether or not any related services had been completed, and you can additionally incur extra costs and/or be obligated to pay us for the balance of your time period (in the case of a monthly or annual subscription being paid over time, as supplied in diverse supplemental provider and product agreements). if termination of this agreement is because of your default hereunder, you shall endure all fees of such termination, along with any affordable charges Zulution LLC incurs in remaining your account and also you in addition comply with pay any and all costs incurred through Zulution LLC in implementing your compliance with this section. upon termination, you must destroy any replica of the materials certified to you hereunder and referenced herein. you compromise that upon termination or discontinuance for any motive, we might also delete all statistics associated with you on the provider, if relevant. further to the terms set forth herein, sure Zulution LLC offerings may additionally have additional terms concerning termination, which are set forth in the relevant supplemental carrier and/or product agreements. furthermore, ought to you or we cancel or terminate your offerings at any time previous to the of entirety of the relevant term, such cancellation or termination may bring about our software of an early termination charge charged to your account, in our sole and absolute discretion and without observe to you.
- termination of bundled offerings. similarly to the terms and conditions set forth herein, if you purchase Zulution LLC offerings which are bought together as an answer or bundled bundle of offerings, any termination regarding anyone such answer or bundled bundle will terminate all Zulution LLC offerings covered in such solution or bundled package. as an instance, with out proscribing the generality of the foregoing, any domain call registered with or maintained by using Zulution LLC beneath this settlement (but no longer consisting of any domain names you could have registered,either with Zulution LLC or a 3rd-celebration registrar, one at a time and no longer as a part of a bundled package deal) may be cancelled and can thereafter be available for registration with the aid of any other party. you acknowledge and agree that upon any termination or cancellation of your answer or bundled bundle, the terms and conditions regarding switch of expired domain names as defined on this carrier settlement may additionally apply. upon the powerful date of termination, Zulution LLC will no longer provide the solution or bundled package to you, any licenses granted to you’ll immediately terminate, and you should end using such offerings right away; supplied, however, that we may additionally, in our sole and absolute discretion and concern on your settlement to be bound by way of the relevant agreements and to pay the applicable costs, can help you convert sure services blanketed inside the bundled services to stand-on my own offerings.
- free services. Zulution LLC may additionally, every so often and at our sole and absolute discretion, provide loose electronic mail, web hosting or different offerings to our clients. clients are required to apply these services regularly to maintain the debts active, and Zulution LLC reserves the proper to terminate loose bills that stay idle for a duration of thirty (30) days or greater. unfastened services might not be provisioned till such time as the patron configures the account and logs in for the primary time. it’s miles your sole responsibility to hold your unfastened provider in lively fame by means of frequently logging into your account.
- normally. except as in any other case set forth herein, all right, identify and interest in and to: (i) all registered and unregistered logos, service marks and symbols; (ii) all patents, patent programs and patentable thoughts, inventions and/or enhancements; (iii) all trade secrets, proprietary statistics and understanding; (iv) all divisions, continuations, reissues, renewals and extensions thereof now present or hereafter filed, issued or obtained; (v) all registered and unregistered copyrights together with, but no longer limited to, any paperwork, snap shots, audiovisual shows, text and software; and (vi) all different intellectual belongings, proprietary rights or other rights related to intangible assets which can be used, advanced, comprising, embodied in or practiced in reference to any of the Zulution LLC services identified herein (collectively, “Zulution LLC highbrow property rights”) are owned by Zulution LLC or its licensors, and you settle to make no claim of interest in or ownership of this type of Zulution LLC highbrow assets rights. you acknowledge and agree that no name to the Zulution LLC intellectual belongings rights is transferred to you, and which you do not gain any rights, express or implied, in Zulution LLC’s provider or its licensors’ provider, aside from the rights expressly granted in this settlement. to the volume which you create any spinoff work (any work this is based totally upon one or more preexisting variations of a piece furnished to you, along with an enhancement or change, revision, translation, abridgement, condensation, enlargement, collection, compilation or every other form in which such preexisting works may be recast, converted or tailored), this type of spinoff paintings is owned through Zulution LLC and all right, name and interest in and to every such by-product work automatically vests in Zulution LLC. Zulution LLC has no duty to supply you any right in any such by-product work,besides as otherwise expressly supplied in a single or more of the supplemental service and product agreements )
- software ownership and licenses. any software provided through Zulution LLC below this agreement (“software program”), inclusive of however now not restrained to, the proprietary content control gadget platform, referred to as “ficms”, and all the associated modules (additionally called “top rate add-ons), plugins and code customizations, and all international intellectual belongings rights therein are the special property of Zulution LLC. all rights in and to the software no longer expressly granted to you on this settlement are reserved via Zulution LLC. you renowned that the software program and its structure, organisation and supply code represent valuable change secrets and techniques of aellaria consultancy restrained. hence, except as expressly allowed beneath this agreement, you will now not, both without delay or through a third celebration:
- (i) replica, regulate, adapt, regulate, translate or create spinoff works from the software;
- (ii) distribute, sublicense, lease, hire, mortgage or otherwise transfer the software program to any 0.33 birthday celebration; or
- (iii) opposite engineer, decompile, disassemble or in any other case attempt to derive the supply code for the software. inside the event of expiration or termination of this agreement for any reason, the software licenses granted beneath this settlement will mechanically and immediately quit and also you should spoil all copies of the software program or associated documentation to your possession.
- “historical past era” method computer programming and formatting code or operating commands developed by means of or for Zulution LLC and used to host or operate a internet site or a web server in connection with a internet site. background technology consists of, however isn’t always restrained to, any documents vital to make bureaucracy, buttons, checkboxes and similar functions, in addition to underlying generation or components, inclusive of fashion sheets, animation templates, interface packages that link multimedia and different programs, customized photos manipulation engines and menu utilities, whether or not in database shape or dynamically pushed. history technology does no longer consist of any content material furnished by using the patron (“purchaser content material”) or any derivatives, enhancements or changes of consumer content material. all rights to the historical past generation no longer expressly granted to you hereunder are fully retained by way of Zulution LLC. where such background generation is provided to you hereunder, you could now not, either immediately or thru a third celebration, perform the subsequent:
- (i) replica, modify, adapt, adjust, translate or create spinoff works from the historical past generation;
- (ii) distribute, sublicense, hire, hire, mortgage or in any other case transfer the historical past era to any third party; o
- r (iii) opposite engineer, decompile, disassemble or otherwise try to derive the supply code for the heritage generation. in the event of expiration or termination of this agreement for any purpose, any background generation licenses granted beneath this settlement will automatically and immediately end and also you need to damage all copies of the history era or related documentation for your ownership.
- certain additional features that Zulution LLC may also make available to you could require access to and/or installation of additional software (along with 0.33-birthday celebration software program) this is subject to supplemental or independent terms and situations (“extra software”). further, Zulution LLC can also make to be had “extra services” (which includes 0.33- birthday celebration services) that are concern to supplemental or impartial provider agreements or other associated phrases and conditions. you settle that you may no longer use such additional software or additional offerings unless you have agreed to the applicable service agreements and/or other related phrases and conditions, inclusive of, however no longer constrained to, your fee of extra prices as required.
- client may be responsible to correct or provide the services necessary to treatment any programming error that occurs within the background generation or software program due to your change or alteration of the heritage generation or software program certified to you. if corrections are required for the historical past era or software because of any modifications by using you, you will be prone to Zulution LLC for the price of any additional prices because of the extra technical assistance required to accurate any mistakes because of such changes.
- Possession of records. you renowned and agree that Zulution LLC owns all database, compilation, collective and similar rights, identify and hobby international in our area call and different proprietary statistics databases, and all data and by-product works generated from those databases. moreover, you hereby provide to Zulution LLC a nonexclusive, worldwide, perpetual, irrevocable, absolutely paid-up right and license to apply in our business, but it evolves, along with the rights to duplicate, distribute, display, carry out, transmit, prepare spinoff works from or in any other case use without limit the following data: (i) the original creation date of a website call registration or different service; (ii) the expiration date of a website name registration or other service; (iii) the call, postal cope with, e-mail deal with, voice cellphone variety, and in which available, fax wide variety of the contact individual for a carrier, or of the registrant contact, technical touch, administrative touch, zone touch and billing touch for a site name registration; (iv) another records concerning a registered area call or carrier that looks or might also appear in a whois database or Zulution LLC database; and (v) another facts we generate or gain in reference to the supply of the offerings. Zulution LLC does now not have any possession hobby to your precise non-public registration information or different information aside from our rights in our area call and Zulution LLC databases as set forth on this segment.
- use and possession of snap shots. the offerings may additionally contain, make use of or otherwise involve photograph snap shots (the “pictures”) and as such Zulution LLC can also offer the pics to you inside the process of presenting the offerings. the photos are both owned by Zulution LLC or certified from a third celebration. until otherwise stipulated by means of Zulution LLC, your use of the photos is challenge to the restrictions set forth on this segment and otherwise according with this agreement. supplied you aren’t in breach of this agreement or any of the representations and warranties contained herein, and furnished you’ve got paid the applicable prices, you may carry out the following actions concern to the restrictions set forth in this segment (upon termination of the offerings or this settlement all of your rights and licenses in and to the images will without delay terminate):
- incorporate the photos into your personal original work and put up, show and distribute your paintings at the website. you could not, however, resell, sublicense or otherwise make to be had the pictures to be used or distribution one by one or indifferent from a product or website. for instance, the pics can be used as a part of a web site layout, however won’t be made to be had for downloading one after the other or in a layout designed or intended for everlasting storage or re-use by way of others. further, you’ll be provided with copies of the photos (consisting of virtual files) as a part of work product, however you aren’t approved to apply the pix separately or as a part of any other product;
- lower back up, reproduction, or archive the images as essential for inner use, and simplest as necessary for that use. any copy or archive you’re making have to include the picture’s copyright facts; and
iii. inside the everyday direction of workflow, bring to a 3rd celebration (together with a printer) brief copies of the pictures which are quintessential in your paintings product and without which the product could not be finished.
with respect to the usage of any pictures, you may now not:
- create scandalous, obscene, defamatory or immoral works using the pix, nor use the pictures for any other cause that is prohibited via regulation;
- use the photographs or any part of it as part of an indicator, carrier mark or logo. Zulution LLC and those 1/3 events from whom they have got licensed pix keep the full rights to the images, and therefore you can’t establish their personal rights over any a part of the photos;
iii. remove any copyright or trademark from any area where it appears at the pictures or its accompanying materials;
- lease, rent, sublicense or lend the images, or a copy thereof, to another person or prison entity without the explicit written consent of Zulution LLC;
- switch the rights to the images, accompanying substances or garage media for the pics, besides as specifically furnished for on this settlement. all other rights are reserved by way of Zulution LLC and those 0.33 events from whom Zulution LLC has certified images;
- reverse engineer, decompile, or disassemble any a part of the photographs, accompanying substances or storage media for the pictures, problem to relevant law;
vii. copy or reproduce the pics, accompanying substances or storage media for the photos;
viii. show the pictures in any virtual layout or for any virtual use at a decision extra than 1920×800 pixels, except in editorial or preliminary layout paintings. doing so will be considered as an try and distribute the snap shots in violation of this settlement;
- re-promote, distribute or sub-license the images, garage media for the images, or the rights to apply the snap shots to anyone for any cause, besides as in particular supplied for in this settlement; or
- use the images in any way that would be taken into consideration defamatory, libelous, pornographic, immoral, obscene or fraudulent, both by making bodily modifications to the pictures or inside the juxtaposition of the pictures to accompanying text. you settle no longer to apply photos as part of any use involving touchy problem depend, as determined by way of Zulution LLC in its sole and absolute discretion, consisting of, but not confined to, the subsequent touchy topics: all sexual problems, sexually transmitted sicknesses, substance abuse, alcohol, tobacco, cancer, mental ailments, opportunity way of life problems and bodily or intellectual abuse, with out develop written consent from Zulution LLC and any model in such picture. sensitive problem usage relates to both business and editorial uses.
- patron responsibilities
normally. you shall be responsible for the following (wherein you settle that your failure to perform those duties will be deemed a cloth breach of this settlement):
- providing current and updated consumer information (inclusive of your call, address, e mail address, postal deal with, smartphone and fax numbers, etc.) for Zulution LLC’s use in contacting you regarding the offerings and otherwise as important with reference to the offerings and checking those factors of contact throughout the time period of this settlement for notices and/or updates from Zulution LLC;
- imparting Zulution LLC with all necessary statistics, data, text, tune, sound, pics, pictures, pictures, video, messages, tags, custom pix (such as, but now not limited to, design, pamphlets, brochures, trademarks and other photographs) and other materials (collectively, the “content material”) to be used in connection with your website or online save (the “internet site”) or otherwise for use together with the services, other than that content which Zulution LLC expressly concurs to deliver;
iii. obtaining any authorizations vital to apply the highbrow belongings (consisting of, but no longer confined to, copyrights and emblems) or data of 0.33 parties;
- contacting Zulution LLC for all changes, changes and enhancements to the internet site and/or services starting from the date of sale and otherwise ultimate engaged within the related strategies;
- offering Zulution LLC with unrestricted get right of entry to to the website and/or associated money owed as wished for Zulution LLC to offer the offerings hereunder;
- granting to Zulution LLC and its subcontractors the vital rights and licenses with admire to the internet site, the content and materials related thereto so as to carry out duties under this agreement;
vii. allowing Zulution LLC to make an inexpensive quantity of archival or backup copies of the internet site as deemed essential with the aid of Zulution LLC in offering the services;
viii. ensuring which you maintain a modern-day and whole backup of your content always;
- obtaining internet connectivity to get admission to the website, to ship and get hold of email and to otherwise get right of entry to and make use of the net;
- contacting Zulution LLC with notice of your choice to cancel or stop the services. if no such notification is given to Zulution LLC through you, Zulution LLC will count on you are satisfied with and be given all services, and Zulution LLC will bill any associated carrier costs without delay for your,credit score card, computerized clearing residence (ach), account, or different charge method supplied or in any other case recognized by you.
depending at the services you elect to get hold of, you may additionally be responsible for establishing and preserving a commercial relationship with a economic institution or money transmitter which include a credit score card processor, bank or paypal. the phrases of this type of dating are between you and that entity and such terms can be extra restrictive or place limits on your use of the services; you need to consequently contact those entities for more records regarding such phrases in which relevant.
website manipulate and content. until in any other case expressly said herein or relying on the offerings you have chose to obtain, you’ll be solely responsible for the operation of your website, inclusive of the accepting, processing and filing of purchaser orders generated through your website, and managing any patron inquiries, lawsuits or disputes bobbing up from orders or income generated through your internet site. automatic backup services may be available for database backup and internet site backup relying on the offerings you choose to obtain. for backup on demand services in database backup and internet site backup, all backups executed by means of you will be counted in the direction of current garage ability elected inside the offerings you receive. backup services are not assured and you agree that Zulution LLC has no duty to maintain backup records for a designated time frame nor is all backup records guaranteed to be available always. if backup services aren’t to be had to you or you choose to choose out of the backup offerings, you settle that Zulution LLC has no duty to backup any facts associated with your internet site’s content, statistics or operation and also you should independently take suitable steps to preserve such information according along with your needs and requirements.
you will be totally answerable for growing, and controlling the content material on your website, except Zulution LLC offers content material creation and/or content updating and/or copywriting services as a part of any layout or customization services to you beneath this or some other supplemental provider and product agreements applicable to the plan(s) you acquire from Zulution LLC , including all descriptions of the products and offerings you offer to clients of your internet site and consumer-generated content on and associated with your website. whilst acting as a conduit, Zulution LLC will give you discretion over your content provided it’s far compatible and interoperable with any offerings or Zulution LLC software provided beneath this settlement. you maintain all rights, identify and hobby in and to all intellectual property rights embodied within the content, distinct of any content supplied by Zulution LLC.
you renowned that, whilst offering you with the ability to post and distribute your personal or 1/3-birthday celebration products, offerings or content on your internet site, Zulution LLC and its software are performing only as passive conduits for the publishing and/or distribution of such merchandise, offerings or content. Zulution LLC has no duty to you or any 0.33 celebration, and undertakes no obligation to check your internet site, the products or services listed therein or any other content, which includes, however no longer restricted to, user-generated content published and/or dispensed on your website to decide whether or not such a product, provider or content material can also incur liability to third parties.
besides as in any other case said in this agreement, you are to be taken into consideration the owner of all patron content material. during the period that Zulution LLC affords services to you pursuant to this agreement, you hereby supply to Zulution LLC and its subcontractors a constrained, non-distinctive, royalty-unfastened, worldwide license to copy, reproduce, distribute, transmit, show, perform, create by-product works from, alter, and otherwise use your website and the content solely for the purpose of rendering the services hereunder. you furthermore may acknowledge and agree that Zulution LLC reserves the right to use your area call and your website display shots in Zulution LLC’s portfolio and/or other advertising and marketing and promotional substances as furnished for above.
inside the event that you submit content or allow your users to upload content onto your internet site, you agree to designate a copyright agent under the digital millennium copyright act (the “dmca”) (see 17 americac 512(c)(3) for further element). within the occasion that a copyright holder contacts Zulution LLC’s copyright agent under the dmca, you well known and agree that Zulution LLC may also take all vital movement as required under the dmca in its sole and absolute discretion, such as doing away with content from your website.
you agree to: (1) offer positive actual, cutting-edge, entire and correct information approximately you as required by the application process; and (2) keep and update the statistics you supplied to us while shopping our services as needed in line with our amendment processes on the way to hold the facts cutting-edge, complete and correct. we depend in this statistics to ship you essential information and notices regarding your account and our offerings. you agree that Zulution LLC (itself or thru its third-birthday party service carriers) is legal, however no longer obligated, to apply coding accuracy guide machine (“cass”) licensed software and/or the countrywide alternate of address software (and/or such other structures or programs as may be recognized by way of the Hong kong postal carrier or other global postal authority for updating and/or standardizing deal with facts) to alternate any cope with records associated with your account (e.g., registrant cope with, billing contact cope with, etc.), and you settle that Zulution LLC may additionally use and depend upon this type of modified cope with facts for all purposes in reference to your account (which includes the sending of invoices, order confirmations and other crucial account records) as even though such modifications have been made immediately by you.
- 7. purchaser representations and warranties
consumer hereby represents and warrants as follows:
- purchaser can shape legally binding contracts beneath relevant law;
- client is at the least eighteen (18) years antique and is accountable for supervising the activities of any beneath- age user;
iii. to consumer’s understanding, there is no movement, proceeding or research pending or threatened which questions, directly or circuitously, the validity or enforceability of this settlement;
- stepping into this agreement or in any other case buying the offerings will now not struggle with, or bring about a breach of, the phrases, situations or provisions of, or represent a default or result in a termination of, any agreement or device to which client is a celebration;
- customer has taken all actions required with the aid of applicable regulation and have acquired all consents which can be important to authorize or enable it to go into into this settlement and/or purchase the offerings;
- to the extent that customer is a enterprise entity, the individual ordering the offerings or in any other case moving into this agreement on behalf of purchaser has been duly authorized and is empowered to bind customer enterprise entity to this agreement;
vii. client shall make certain the accuracy of the substances supplied to Zulution LLC, which includes, however now not restrained to, content material, descriptive claims, warranties, ensures, nature of enterprise, and call records;
viii. client shall accumulate any authorization necessary for hypertext links to 1/3-party websites used on your internet site or in any other case in conjunction with the offerings;
- to the extent consumer gathers any private records approximately traffic on your internet site, client shall no longer share that private records with any 1/3 party with out first acquiring a visitor’s consent;
- patron will no longer offer content material or different materials, or use the services in any way that both without delay or circuitously infringes any rights of a third party;
- consumer’s content, different substances supplied in conjunction with the services, and use of the services will in all respects agree to all applicable laws and guidelines;
xii. consumer shall use the services in whole accordance with Zulution LLC ’s acceptable use policy;
xiii. for all domain names or uniform aid locators used by client in conjunction with the services (together the “urls”), any call or phrase submitted to be used as all or a part of a site name or url does now not infringe any trademark or any third birthday party’s area call rights; and
xiv. consumer has a very good religion aim to apply any domain call or url it requests in connection with the offerings and isn’t simply “cybersquatting” (i.e., obtaining a site name simply for the reason of promoting the rights to the domain call or subdomain to a 3rd party).
for any and all stop consumer-facing policies and/or terms provided by way of Zulution LLC to purchaser to be used on purchaser’s website (i.e., a patron privateness policy), customer shall overview and completely adhere to such a coverage. customer acknowledges and concurs that it’s miles totally chargeable for revising this type of policy to accurately reflect patron’s enterprise practices. you agree that, if you are using the services for a 3rd party, you represent and warrant which you have: (i) furnished note to that 1/3 party of your intent to buy the offerings; (ii) obtained that 1/3 birthday celebration’s express consent to purchase the services on its behalf; and (iii) the authority to although bind that 1/3 celebration as a important to all phrases and situations furnished herein, such as the uniform domain call dispute decision (“udrp”) technique. (click on right here for a present day copy of the udrp). you be given sole and absolute liability for harm as a result of the wrongful use of the services.
- Account Access
To get right of entry to or use the Zulution LLC offerings or to regulate your account, you’ll be required to set up an account and gain a login call, account quantity, password and/or passphrase. you authorize us to technique any and all account transactions initiated thru the use of your password and/or passphrase. you’re entirely answerable for retaining the confidentiality of your password and passphrase. you ought to right away notify us of any unauthorized use of your password or passphrase and you’re liable for any unauthorized activities, prices and/or liabilities made thru your password or passphrase. in no event can we be answerable for the unauthorized use or misuse of your login call, account range, password or passphrase, or for the unauthorized get entry to on your account(s) because of identical. you settle that we may additionally log out, terminate, or cancel any account that is inactive for an prolonged time frame at our sole discretion.
9) Privacy, Disclosure and Use of Data
you in addition acknowledge and agree that Zulution LLC can also make publicly available or directly available to third parties, some or all of the information you offer for functions of inspection (consisting of through our whois provider) or for focused advertising and other purposes as required or accepted by way of relevant laws. one of the ways that Zulution LLC might also make some or all the facts you offer to be had to the public or 1/3 events is through manner of bulk whois statistics get right of entry to supplied to 0.33 parties who enter into a bulk whois information access settlement with Zulution LLC.
you hereby consent to any and all such disclosure and the usage of hints, limits and restrictions on such disclosure or the use of facts provided by you in connection with the registration of a domain name or use of any offerings (including any updates to such statistics), whether all through or after the term of your registration of a website call or different services. you hereby irrevocably waive any and all claims and causes of movement you could have springing up from such disclosure or use of records provided by using you to Zulution LLC.
we are able to not procedure records approximately any diagnosed or identifiable herbal man or woman that we attain from you in a way incompatible with the purposes and different boundaries which we describe in this settlement.
Zulution LLC will take reasonable precautions to defend the statistics it obtains from you from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. you well known and agree that Zulution LLC shall have no liability to you or any 1/3 birthday party to the volume such reasonable precautions are taken.
within the occasion that (i) in applying for any services or the registration of a domain name you are imparting data about a 3rd celebration or (ii) you license a website name registered for your call to a third birthday party, you hereby constitute and warrant which you have (a) furnished note to that 1/3 birthday party of the disclosure and use of that birthday celebration’s statistics as set forth in this settlement and (b) acquired that 1/3 party’s express consent to the disclosure and use of that celebration’s statistics as set forth in this settlement.
you acknowledge and agree that willfully imparting inaccurate or unreliable statistics or willfully failing to replace facts right away will constitute a material breach of this agreement a good way to be a sufficient foundation in our sole and absolute discretion to cancel your domain name registration or other services. you in addition acknowledge and agree that your failure to reply for over fifteen (15) calendar days to an inquiry by Zulution LLC regarding the accuracy of contact information info associated with your area call registration shall constitute a material breach of this agreement and is a enough foundation for the cancellation of your domain name registration.
without restricting your obligations beneath this phase of the agreement, you agree that Zulution LLC (itself or through its third-party provider companies) is allowed, but now not obligated, to apply certain address or billing correction offerings to update and/or to trade any cope with or billing information related to your account (including, without quandary, registrant deal with, billing touch address and credit card records), and you settle that Zulution LLC may additionally use such modified facts for all functions in connection with your account (which includes the sending of renewal notices, invoices, order confirmations or for automatic renewal prices).
you well known and agree that communications with us aren’t personal and may be published both in their entirety or in edited form at any time, at the sole and absolute discretion of Zulution LLC.
you agknowledge and agree that your use of the offerings is solely at your own danger, and that except as expressly provided herein, the services are provided on an “as is” and “as to be had” basis. Zulution LLC expressly disclaims any and all warranties and situations of any type, explicit, implied or statutory, inclusive of, however no longer constrained to, the implied warranties of name, noninfringement, merchantability and health for a particular purpose and any warranties springing up from a path of dealing, utilization or trade exercise. moreover, Zulution LLC does now not warrant that the offerings and/or any records received thereby might be complete, accurate, uninterrupted, comfortable or error unfastened. Zulution LLC further makes no assurance that the offerings will meet your necessities, nor does Zulution LLC make any guarantee as to the consequences that may be acquired from using the services.
eleven. hassle of liability
you acknowledge and agree that Zulution LLC will no longer be accountable beneath any circumstances to you or some other birthday party, individual or entity for any damages or losses which could result from the subsequent:
- termination, suspension, loss or change of your provider;
- use of or lack of ability to apply the carrier;
iii. interruption of business;
- get admission to delays or get right of entry to interruptions to this web site or a service (including, without trouble, to web sites accessed with the aid of the area name registered in your name);
- statistics non-shipping, mis-delivery, corruption, destruction or other modification;
- events past Zulution LLC’s and its subcontractors’ manipulate;
vii. software of any relevant regulation, law or Zulution LLC policy (consisting of, however not confined to, any applicable dispute policy or another icann or comparable governmental or successor employer followed rules);
viii. processing of your area name utility or different service software;
- disbursement or non-disbursement of finances by means of charge processors;
- transactions conducted on a consumer website, including fraudulent transactions;
- loss incurred in connection with your offerings, which include, however no longer restrained to, e-commerce transactions;
xii. loss or legal responsibility on account of mistakes, omissions or misstatements in any and all facts or services provided underneath this agreement (this consists of lack of facts on account of delays, nondeliveries, mis-deliveries or provider interruptions due to Zulution LLC’s own negligence or your mistakes or omissions, or due to inadvertent launch or disclosure of records sent with the aid of service interruptions as a result of Zulution LLC’s very own negligence or your errors or omissions, or because of inadvertent release or disclosure of information sent by means of you.);
xiii. loss or liability as a consequence of the unauthorized use or misuse of your account number, password or security authentication choice;
xiv. unauthorized access or alteration of your transmissions or statistics;
- statements or conduct of any third party using your offerings;
xvi. loss or liability referring to the deletion of or failure to save e mail messages;
xvii. violation of any 1/3 birthday celebration rights, together with, however no longer limited to, rights of exposure, rights of privacy, highbrow assets rights and some other proprietary rights;
xviii. loss or legal responsibility that you can incur in reference to Zulution LLC’s processing of your utility for Zulution LLC’s services, the processing of any authorized amendment to your area call file, or your agent’s failure to pay any costs, including the initial registration charge or re-registration charge; and
xix. every other remember referring to your use of the services.
Zulution LLC disclaims any responsibility for any content, items and offerings offered by using you or in any other case made available via your website, or the exceptional or accuracy of any records for your website. Zulution LLC will not advise, warrant, or guarantee any service or product provided through your website, and could no longer be a party to or in any way monitor any transaction between you and 0.33-party customers of services or products supplied through or resulting from the services or use of your website, together with, but now not constrained to, all sales of products or offerings, credit card transactions, banking or securities transactions, or any commercial enterprise, service or merchandise agreements. moreover, the Zulution LLC website may also contain links to other internet websites or assets (together with partner web sites or 0.33-party advertising on an Zulution LLC internet site). you well known and agree that neither Zulution LLC nor any 0.33 celebration are responsible or liable in any manner for (i) the supply or accuracy of linked websites or resources or (ii) the content material, advertising or products on or to be had from such related web sites. the inclusion of any link on our website does now not imply that Zulution LLC or a 3rd birthday party endorses any of the linked websites, and you agree to use the hyperlinks at your very own danger.
additionally, Zulution LLC will not be susceptible to you for any indirect, unique, incidental or consequential damages of any kind, (including, however now not restrained to, misplaced income, goodwill, statistics, the value of substitute goods or services, enterprise interruption or different intangible losses), whether foreseeable or not, no matter the form of movement, whether in contract or tort, which includes negligence, even supposing Zulution LLC has been counseled of the opportunity of such damages.
Zulution LLC’s aggregate liability shall not exceed the full quantity paid by using you for the services, however in no occasion shall it’s greater than five hundred greenbacks ($500.00), and also you well known and agree that this may be your one-of-a-kind remedy beneath this settlement and in any other case when it comes to your use of the offerings. you agree that Zulution LLC’s complete legal responsibility, in law, equity or in any other case, with respect to any offerings provided underneath this agreement and/or for any breach of this settlement, is only limited to the quantity you paid for such services for the duration of the time period of this agreement, except as in any other case limited herein. because some states do now not permit the exclusion or issue of legal responsibility for consequential or incidental damages, in such states Zulution LLC’s legal responsibility is limited to the most quantity authorised by way of regulation.
you acknowledge and agree that any claim or reason of movement springing up out of or related to this settlement or any of Zulution LLC’s offerings need to be filed inside one (1) year after such declare or cause of action first of all arose or such claim or purpose of motion is permanently barred.
you further agree that any dispute or war of words referring to or arising out of this settlement or the services shall be resolved on an individual basis. as such you acknowledge and agree that you can now not bring a declare that relates to or arises out of this settlement or the services as a plaintiff or a category member in a class motion, a consolidated motion or a consultant motion. you renowned and agree that elegance movements, consultant actions, personal legal professional popular movements, and consolidation with other actions aren’t authorized.
you renowned and agree that the limitations contained in this phase are an essential element of this settlement and absent such boundaries, Zulution LLC would now not enter into this agreement or offer offerings hereunder. each birthday party acknowledges that it has not entered into this agreement in reliance upon any warranty or illustration besides those particularly set forth herein.
- 12. Indemnification
you compromise to launch, indemnify, guard and keep innocent Zulution LLC and Zulution LLC’s officers, administrators, employees, sellers, subsidiaries, partners, contractors, shareholders, legal professionals, assigns and affiliates from and against any loss, liabilities, damages, costs, or prices, inclusive of affordable legal professionals’ charges, as a result of any 0.33-birthday celebration declare, motion or call for bobbing up under or referring to:
- this settlement or the breach of consumer warranties, representations and obligations underneath this agreement or another Zulution LLC time period, rule, coverage or agreement;
- consumer’s failure to perform in accordance with this settlement;
iii. purchaser’s use of the offerings;
- the internet site, content material and/or urls;
- purchaser’s violation of any 1/3-birthday celebration rights; or
- customer’s utility for and registration of, renewal of, or failure to renew a specific domain call.
you agree that this indemnification duty survives this settlement’s termination or expiration. you agree to present activate, written notice to Zulution LLC upon the receipt of be aware of any claim with the aid of a 3rd celebration towards you which of them might supply upward thrust to a claim against Zulution LLC, mentioning the nature and foundation of such claim and, if ascertainable, the quantity thereof.
while Zulution LLC is threatened with a lawsuit or is sued through a 3rd celebration, Zulution LLC may are searching for written assurances from you concerning your promise to indemnify Zulution LLC. such assurances may additionally, with out problem, be within the shape of a deposit of cash with the aid of you to Zulution LLC or its representatives to cover Zulution LLC’s fees and fees, together with, however now not restrained to, affordable attorneys’ fees, in one of these lawsuit or hazard of in shape. your failure to offer such assurances shall be taken into consideration via Zulution LLC to be a material breach of this agreement. Zulution LLC shall have the right to take part in any protection by you of a 3rd-celebration claim related to your use of any of Zulution LLC’s services, with counsel of Zulution LLC’s preference. Zulution LLC shall reasonably cooperate inside the protection at your request and rate. you shall have sole and absolute obligation to shield Zulution LLC against any claim, however you should receive Zulution LLC’s earlier written consent regarding any associated agreement.
the usage of Zulution LLC’s services to transmit positive styles of facts (inclusive of, but not confined to, laptop software and different technical statistics) may additionally violate export manage legal guidelines and regulations of the Hong kong, whether or not that records is acquired overseas or through overseas nationals in the Hong kong. given that Zulution LLC sporting activities no control whatsoever over the data this is acquired overseas or by foreign nationals inside the Hong kong, you agree to comply with all export and import necessities as referenced herein. considering that Zulution LLC physical games no control in any respect over the content material of records passing via its carrier, the entire burden of complying with all applicable legal guidelines and regulations is your duty. you compromise to conform with such applicable legal guidelines and rules and to indemnify and preserve Zulution LLC harmless from any damages it could suffer because of any violation of the export manipulate legal guidelines of the Hong kong.
No waiver of any provision of this Agreement is effective unless it is in writing and signed by an authorized representative of Zulution LLC. Zulution LLC’s remedies under this Agreement are cumulative and not alternative, and the election of one remedy for a breach does not preclude pursuit of other remedies. The failure of Zulution LLC to require your performance of any Agreement provision does not affect the full right to require such performance at any time in the future. The waiver by Zulution LLC of any rights arising out of any breach of any Agreement provision shall not be taken or held to be a waiver of the provision itself. Any failure by Zulution LLC to enforce any of its rights under this Agreement or any applicable laws does not constitute a waiver of such right.
Neither Party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than (i) by an authorized representative and (ii) in an explicit written waiver. No waiver of any rights arising out of a breach of this Agreement will constitute a waiver of rights relating to any prior or subsequent breach of this Agreement.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement. This Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law and consistent with the original intention of the Parties; and the remaining terms and provisions will remain in full force and effect.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, Zulution LLC will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Zulution LLC as reflected in the original provision. The invalidity or unenforceability of any provision of this Agreement does not affect the validity or enforceability of any other provision of this Agreement, which will remain in full force and effect.
- FORCE MAJEURE
Neither Party is deemed in default hereunder, nor will it hold the other Party responsible for, any cessation, interruption or delay in the performance of its obligations under this Agreement due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout or boycott, provided that the Party relying upon this Section takes all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Zulution LLC may immediately terminate this Agreement and will have no liability therefrom.
- ENTIRE AGREEMENT
This Agreement, as well as any additional Zulution LLC Terms and Conditions, rules, policies and service agreements, together with all modifications thereto, constitute the entire agreement between you and Zulution LLC concerning your use of the Services and any other subject matter related to this Agreement. This Agreement supersedes and governs all prior proposals, agreements or other communications between you and Zulution LLC (including, but not limited to, any prior versions of this Agreement). You may not waive, modify or supplement this Agreement, in whole or in part, except for written permission or amendment by Zulution LLC. Zulution LLC reserves the right, in its sole and absolute discretion, to unilaterally change, modify and/or revise the Agreement, and any incorporated policies, agreements or notices, from time to time. Such changes, modifications or revisions shall be effective immediately upon posting to this website, and are provided to you via the Notice provisions set forth in Section 26 below (Notice) and it is implied you have accepted, and to be apprised of and bound by, any such modifications or revisions to the Agreement through your continued use of the Services.
- HEADINGS AND INTERPRETATION
The section headings contained in this Agreement are inserted for convenience only and do not affect in any way the meaning or interpretation of this Agreement. Also, in all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender and number as the text of this Agreement may require.
- CONFLICTS WITH OTHER AGREEMENTS
In the event of any conflict between this Agreement and the Terms and Conditions governing your use of any Services provided by Zulution LLC’s third-party service providers or any registry administrator, the Terms and Conditions of this Agreement govern as it relates to any rights, obligations and remedies as between you and Zulution LLC.
You may not assign or transfer, either directly or through a third party, this Agreement or any of its interests, rights or obligations hereunder (in any domain, website, product or service), without the prior written consent of Zulution LLC. Any attempted assignment in violation of the foregoing provision will be null and void and of no force or effect whatsoever. Zulution LLC may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without notice to or consent of the Customer. This Agreement is binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns.
This Agreement does not create any agency, employment, partnership, joint venture, franchise or other similar or special relationship between you and Zulution LLC. Neither Party has the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other Party or its affiliates, whether express or implied, or to bind the other Party or its affiliates in any respect whatsoever. The relationship
between you and Zulution LLC is limited to the responsibilities and obligations of both Parties as established in this entire Agreement.
- NO THIRD PARTY BENEFICIARIES
you acknowledge and agree that not anything herein, specific or implied, is meant to nor is to be construed to confer upon or give to any individual, apart from you, any interests, rights, treatments or other blessings conveyed to you herein.
- export restrictions and prohibited transactions
you renowned and agree which you shall now not import, export or re-export without delay or in a roundabout way, any commodity, consisting of your products incorporating or the usage of any Zulution LLC services, in violation of the laws and guidelines of any applicable jurisdiction. you warrant as consumer, agent and/or licensor of customer, which you aren’t, neither is customer appearing on behalf of, any character or entity that is prohibited from conducting transactions with Hong kong. citizens, nationals or entities underneath relevant Hong kong. laws and policies consisting of, however not confined to, guidelines issued through the Hong kong. workplace of foreign belongings manipulate (“ofac”). further, you aren’t, neither is patron acting on behalf of, any character or entity that may be a especially specified national (“sdn”), as ofac might also so designate occasionally. further to all different rights and treatments to be had to Zulution LLC below this agreement and at regulation and in fairness, you and/or patron’s breach of this phase will result in on the spot termination of the agreement and forfeiture of any and all services or quantities previously supplied, paid and/or owed to client underneath this agreement.
- Hong kong. authorities customers
inside the event any software is supplied with the aid of Zulution LLC to a Hong kong. government consumer, the software program and accompanying documentation which can be used as a part of the Zulution LLC carrier are “commercial gadgets,” as such terms are defined at 48 c.f.r. 2.one hundred and one (revised oct 2002), which includes “industrial computer software program” and “industrial computer software documentation,” as such phrases are utilized in forty eight c.f.r. 12.212 (revised oct 2002) and is provided to the Hong kong. authorities best as a industrial quit item. constant with 48 c.f.r. 12.212 and forty eight c.f.r. 227.7202-1 through 227.7202-four (revised oct 2002), all Hong kong. authorities entities acquiring the use of the provider and accompanying documentation best have those rights set forth herein.
inside the event of termination of the settlement, sections 1, 2, 3, four, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 19, 20, 21, 23, 24, 25 and 26 of this settlement survives such expiration or termination, as applicable.
- Governing regulation and venue
besides as otherwise set forth in udrp or any comparable cctld coverage with appreciate to any dispute over a domain name registration, this settlement shall be ruled by using the laws of the country of Hong kong, without regard to war of regulation principles, as if the agreement turned into a agreement completely entered into and fully carried out inside miami-dade county in the nation of Hong kong. the utility of the united countries convention of contracts for the international sale of goods (“cisg”) is expressly excluded.
besides as otherwise set forth within the udrp or any similar cctld coverage with admire to any dispute over a site name registration, you compromise that any judicial proceeding relating to or springing up underneath this agreement or the offerings will be instituted best in a federal or kingdom court docket of capable jurisdiction in miami-dade county inside the state of Hong kong. you consent to the personal jurisdiction of such court docket and waive the proper to mission the jurisdiction of such courtroom on grounds of lack of personal jurisdiction or forum non conveniens, or to in any other case searching for a alternate of venue. you compromise to waive the right to trial via jury in any movement that takes region regarding or arising beneath this agreement or the offerings (reputation of this settlement, manner you now not have the proper to a jury trial). you also conform to waive the right to document a category motion declare regarding or bobbing up underneath this agreement or the services.
inside the event a claim is added towards Zulution LLC in a overseas, Zulution LLC will record to have the declare disregarded in keeping with your acceptance of this agreement current on the time of your purchase of offerings and your persisted use of the services as proof of reputation of the agreement and this section.
the events agree that the foregoing duty is impartial from all other obligations herein. you renowned that, inside the occasion you initiate a judicial proceeding in any court other than one of the aforementioned courts in miami-dade county, Hong kong, Zulution LLC may also, and likely will, incur charges and charges, along with attorneys’ expenses, to put into effect the settlement of the parties concerning the court docket wherein litigation relating to or bobbing up out of this agreement or the offerings will be instituted. you expressly agree that customer will reimburse Zulution LLC for such a costs and fees, inclusive of, but now not restrained to, legal professionals’ prices, incurred through Zulution LLC inside ten (10) days of receiving a written demand from Zulution LLC for such repayment. you similarly agree that in case you do now not well timed reimburse Zulution LLC inside ten (10) days of receiving a written demand for repayment, you’ll be liable for, and agree to pay, all costs and costs, together with, but not restricted to, lawyers’ expenses, incurred with the aid of Zulution LLC in in search of to collect or recover from you the amount reimbursable by way of you beneath this segment.
all mail notices from Zulution LLC to you are deemed effective while: (i) despatched by licensed mail, return receipt asked or by means of federal specific or other identified in a single day delivery carrier to your closing recognized mailing cope with; (ii) sent through e mail to your final acknowledged consumer contact email cope with; (iii) despatched through fax in your remaining regarded fax quantity; or published on www.Zulution LLC/felony and/or any of the relevant pages related thereto, as up to date occasionally.
when you provide touch data to Zulution LLC, you settle that Zulution LLC may also use this data to touch you in any layout or manner Zulution LLC chooses. Zulution LLC may also, but has no duty to, send a single word through diverse manner of transport (i.e., fax, e mail, licensed mail or express mail). in no occasion shall Zulution LLC be prone to you for selecting to send note in a single manner or format over any other.
you authorize Zulution LLC to touch you thru the touch statistics provided on your account statistics that Zulution LLC deems is of capability hobby to you. notices and bulletins may additionally include commercial e-mails, smartphone solicitations and other notices describing changes, improvements, new products and services or other information referring to internet security or to beautify your identification at the internet and/or other relevant matters.
you shall supply word to Zulution LLC by using contacting Zulution LLC’s customer support at the phone quantity listed on Zulution LLC’s internet site or in any other case furnished by Zulution LLC.