Terms Of Service
- ACCEPTANCE OF TERMS OF SERVICE
- As a precondition and requirement to use the
services available via AeroGen Broadband, you, for
yourself and for the company or other person(s),
if any, you represent ("Subscriber" or
"Subscribers", as applicable), hereby accept and
agree to be legally bound by these Terms of
Service ("Terms"). These Terms are effective
immediately between the Subscriber and
AeroGen Broadband, Inc. dba AeroGen Broadband, its
subsidiaries and affiliates ("AeroGen
Broadband").
Each Subscriber is subject to these Terms, and
by using AeroGen Broadband's services, network and/or
systems (collectively the "Services"),
Subscriber agrees to be legally bound by and
subject to all terms and conditions contained in
these Terms, including as well all usage
policies and other policies herein. To the
extent not inconsistent therewith, these Terms
are also incorporated into the individual
service agreement, if any, of each Subscriber.
- Subscriber represents and warrants that, if
an individual, Subscriber is at least 18 years
old and otherwise legally competent in all
respects to, or, if an entity, Subscriber is a
corporation, limited liability company,
partnership, or other legal entity duly formed
and in good standing, as applicable, and
possesses all legal authority and power to
accept and be bound by these Terms.
Additionally, Subscriber represents and warrants
that neither it, she, or he (as applicable), nor
any entity it, she or he represents, is
prohibited under any part of section 13 of these
Terms from registering or signing up with or
otherwise subscribing to or receiving any of the
Services from AeroGen Broadband. Further, Subscriber
represents and warrants all information provided
by Subscriber to AeroGen Broadband has been and is
complete, accurate, and current, and that
Subscriber shall continue to provide complete,
accurate and current information to AeroGen
Broadband
in connection with all registration or renewal
processes and further agrees to update all such
information as necessary to maintain complete,
accurate and current information. Although
subscribers of paid services offered through
AeroGen Broadband must be at least 18 years of age
and otherwise legally competent to accept and be
legally bound by these Term, a parent or legal
guardian of a minor may obtain an account on the
minor's behalf, and by doing so, consents to
such minor's use of the Services. Subscribing
parents and legal guardians each for herself or
himself, as applicable, accept and agree to be
legally bound by these Terms, and assume full
responsibility and liability associated with any
failure of compliance with the Terms in
connection with said minor's use of any of the
Services.
- AeroGen Broadband intends to provide the best
possible web hosting service to each of its
Subscribers. AeroGen Broadband is also dedicated to
staying abreast of new and available
technologies that will better serve our
Subscribers. However, due to changing
technologies, changing laws and the individual
and collective needs of our Subscribers,
AeroGen Broadband reserves the right, in its sole
discretion, to change, modify, add or remove all
or any part of these Terms at any time with or
without notice.
- Subscribers may view the most current version of these Terms at www.aerogenbroadband.com/terms.html Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the AeroGen Broadband website, shall constitute Subscriber's acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account as set forth in Paragraph 3 below.
- Notwithstanding AeroGen Broadband's right to
alter these Terms without prior notice,
AeroGen Broadband may, within its sole discretion and
as a courtesy to all affected Subscribers, make
an effort to provide Subscribers with 7 days
advanced notice of any alteration of these Terms
if it appears to AeroGen Broadband, in its sole
discretion, that said alteration may materially
and adversely impact said Subscriber's use of
the Services.
- If Subscriber is registering a new domain
name with AeroGen Broadband, or using or transferring
a previously registered domain name in
conjunction with Subscriber's use of the
Services, Subscriber hereby acknowledges and
agrees that Subscriber's use of the domain name
is also subject to the policies of the Internet
Corporation for Assigned Names and Numbers ("ICANN")
and the Domain Registration Agreement located at
http://api.fastdomain.com/terms.html.
- As a precondition and requirement to use the
services available via AeroGen Broadband, you, for
yourself and for the company or other person(s),
if any, you represent ("Subscriber" or
"Subscribers", as applicable), hereby accept and
agree to be legally bound by these Terms of
Service ("Terms"). These Terms are effective
immediately between the Subscriber and
AeroGen Broadband, Inc. dba AeroGen Broadband, its
subsidiaries and affiliates ("AeroGen
Broadband").
Each Subscriber is subject to these Terms, and
by using AeroGen Broadband's services, network and/or
systems (collectively the "Services"),
Subscriber agrees to be legally bound by and
subject to all terms and conditions contained in
these Terms, including as well all usage
policies and other policies herein. To the
extent not inconsistent therewith, these Terms
are also incorporated into the individual
service agreement, if any, of each Subscriber.
- TERM - PAYMENT - RENEWAL OF ACCOUNT AND OF
DOMAIN
- Term of Service.
The term of Subscriber's subscription to the
Services commences upon Subscriber's acceptance
of these Terms and terminates as set forth in
Paragraphs 2.05 and 3.01.
- Payment.
Subscriber agrees to pay all applicable fees for
Services in effect at the time of sign-up
registration and or renewal, subject to these
Terms. Subscriber agrees to update and keep
current all of Subscriber's billing information,
email and all other contact information. It is
the Subscriber's responsibility to verify that
the information submitted is accurate to insure
proper billing and continuity of services.
AeroGen Broadband may use Merchant Updater Services
to receive updated billing information from
participating providers.
- Automatic Renewal of
Hosting Account. As a courtesy and not as
an obligation (contractual or otherwise),
fifteen (15) days prior to the expiration of
Subscriber's Hosting Account or Domain(s)
AeroGen Broadband will automatically renew
Subscriber's Hosting Account, for the same
duration initially selected, at the then
current, non-promotional rate, by charging the
applicable fee to Subscriber's current method of
payment on file. Subscriber acknowledges and
confirms that if the Subscriber pays for a
hosting plan which qualifies for a Free Domain
that the Subscriber will be provided with a
digital domain registration voucher to be used
for purchasing their Free Domain. The domain
registration voucher is only applicable as long
as the Subscriber maintains a qualifying hosting
plan.
- Automatic Renewal of
Domain(s). As a courtesy and not as an
obligation (contractual or otherwise), fifteen
(15) days prior to the expiration of
Subscriber's domain, if registered with
AeroGen Broadband (or one of its Affiliates), or if
transferred to and registered with AeroGen
Broadband
(or one of its Affiliates), AeroGen Broadband will
automatically renew Subscriber's domain, by
charging the applicable fee to Subscriber's
current method of payment on file. Subscriber
acknowledges and confirms that the obligation to
renew his/her/its Domain(s) is solely and
exclusively the responsibility of the
Subscriber, and is not the obligation
(contractual or otherwise) of AeroGen Broadband.
Subscriber hereby releases AeroGen Broadband from any
and all liability for failure for any reason to
renew said Account or said Domain(s). Subscriber
acknowledges that there may be many reasons why
AeroGen Broadband is unable to renew said Account or
Domain, including but not limited to inability
of AeroGen Broadband, for any reason, to bill said
renewal to Subscriber's method of payment on
file, to contact or otherwise get response from
Subscriber at the email address on file, or
otherwise. Subscriber acknowledges that said
Hosting Account and/or Domain, if not renewed,
for whatever reason, will expire on the Account
or Domain Expiration Date, as applicable. In the
event that a Domain expires, AeroGen Broadband will
hold the expired Domain for up to 30 days as a
courtesy and not as an obligation (contractual
or otherwise). 30 days after expiration, the
Domain will be placed in Redemption. During the
Redemption period the Domain will be
inaccessible and unable to be registered
elsewhere. In order to bring a Domain out of
Redemption, Subscriber must pay a Redemption
Fee, as well as a Renewal Fee for the current
year. Domain registration vouchers cannot be
applied toward the cost of Redemption. If the
Domain is not redeemed within 74 days of
expiration, it will be set to Pending Delete
status by the domain registry. After the Pending
Delete status expires, the Domain will be
released for registration. During the Pending
Delete period, the Domain will be inaccessible
and unrecoverable.
- Cancellation of Automatic
Renewal of Account or Domain. Subscriber
agrees to notify AeroGen Broadband of Subscriber's
intent to cancel automatic renewal at least
sixteen (16) business days prior to the account
or domain expiration date, by directing
Automatic Account Renewal Cancellation
Notification and/or Automatic Domain Renewal
Cancellation Notification to AeroGen Broadband, as
applicable, by sending same via email to
billing@aerogenbroadband.com. This request must include
verification of ownership of the hosting account
and or domain(s), as determined by AeroGen
Broadband. Authority. In the
event Subscriber is a corporation, limited
liability company, partnership, joint venture,
other business entity or group of individuals,
the person registering for or renewing
AeroGen Broadband Services on behalf of Subscriber
hereby certifies that he/she has the authority
to and does hereby bind the corporation, limited
liability company, partnership, joint venture or
other individuals in this manner and in
connection with Subscriber's acceptance of all
other Terms set forth herein.
- Term of Service.
The term of Subscriber's subscription to the
Services commences upon Subscriber's acceptance
of these Terms and terminates as set forth in
Paragraphs 2.05 and 3.01.
- CANCELLATION OF SERVICES - REFUND POLICY
- Cancellations and
Refunds. AeroGen Broadband provides a 30-day
money back guarantee for new hosting account
registrations, subject to the following terms
and conditions:
- Nonrefundable Fees:
Fees paid by Subscriber in connection with
the purchase of SSL certificates, domain
privacy, and domain names are nonrefundable.
- Cancellations within
First 3 Days of Registration. In the
event Subscriber cancels the Services within
3 calendar days of
registration, Subscriber will receive a full
refund of all fees paid in connection with
the registration upon request, with the
exception of any Nonrefundable Fees set
forth in Paragraph 3.01(A). Subscriber has
the option, but not the obligation, to
retain ownership and control of any
promotional "Free Domain Names" registered
in connection with the subscription, in
which case Subscriber's refund will be
reduced by $10 per domain name.
- Cancellations After 3
Days and Before 30 Days. In the event
Subscriber cancels the Services after the
expiration of 3 calendar days, but prior to
the expiration of 30 calendar days,
Subscriber will receive a refund of all fees
paid in connection with the registration,
with the exception of any Nonrefundable Fees
set forth in Paragraph 3.01(A), subject to
the following additional mandatory
reductions:
- Free Domain
Names: If Subscriber registers
any domain name as part of a "Free
Domain Name" promotion in connection
with the registration, Subscriber's
refund will be reduced by $10 per domain
name. Subscriber will retain full
ownership and control of any such domain
names.
- Postini/DedIP
Any fees paid by Subscriber in
connection with Postini or for services
of a Dedicated IP will be refunded at a
prorated rate based on the registration
date, the length of service, and the
date of cancellation.
- Free Domain
Names: If Subscriber registers
any domain name as part of a "Free
Domain Name" promotion in connection
with the registration, Subscriber's
refund will be reduced by $10 per domain
name. Subscriber will retain full
ownership and control of any such domain
names.
- Cancellations After
30 Days. Subscriber may cancel
his/her/its Services at any time, before or
after automatic account renewal, and, with
the exception of any Nonrefundable Fees set
forth in Paragraph 3.01(A) and setup fees,
if any, which are nonrefundable after 30
calendar days, receive a pro-rated refund
for all other fees paid for Services, less
$10 per "Free Domain Name."
- Notice of
Cancellation. Subscriber agrees to
direct all cancellation requests to
AeroGen Broadband via email,
billing@aerogenbraodband.com. The
cancellation request must include
verification of ownership of the hosting
account and or domain(s), as determined by
AeroGen Broadband. Subscriber must also confirm
to AeroGen Broadband that all emails, files, and
databases are preserved and backed up
somewhere other than AeroGen Broadband server
space. Once confirmed the cancellation can
be processed.
- Nonrefundable Fees:
Fees paid by Subscriber in connection with
the purchase of SSL certificates, domain
privacy, and domain names are nonrefundable.
- Chargebacks and
Reversals. In the event Subscriber issues
a chargeback or reversal of charges without
first following the above cancellation
procedures, the Subscriber will be responsible
for a $50.00 billing
service fee.
- Cancellations and
Refunds. AeroGen Broadband provides a 30-day
money back guarantee for new hosting account
registrations, subject to the following terms
and conditions:
- PROPRIETARY RIGHTS
These Terms do not give Subscriber any rights in AeroGen Broadband intellectual property or technology. AeroGen Broadband and related trademarks and logos are the exclusive property of AeroGen Broadband. AeroGen Broadband and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar AeroGen Broadband from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
- SECURITY AND OWNERSHIP
- Site Security.
AeroGen Broadband uses sophisticated means of
security in connection with the Services.
Notwithstanding the foregoing, it is exclusively
Subscriber's obligation to maintain and control
passwords to Subscriber's web site(s), and
Subscriber exclusively is responsible for all
activities that occur in connection with
Subscriber's user name, password, registered
domain name(s); as well as any and all scripts
or programs added to the account by the
Subscriber or authorized users. Subscriber
agrees to immediately notify AeroGen Broadband of any
unauthorized uses of the Service or any other
breaches of security. AeroGen Broadband will not be
liable for any loss or damages of any kind,
under any legal theory, caused by Subscriber's
failure to comply with the foregoing security
obligations or caused by any person to whom
Subscriber grants access to Subscriber's
Services. Any programs or scripts available via
the cPanel interface are solely the Subscriber's
responsibility to update and secure.
- Access and Control
Policy. When a new account or domain, as
applicable, is registered with or transferred to
AeroGen Broadband or with one of its affiliates, the
process requires and results in the creation of
the following within the records of AeroGen
Broadband,
in association with said new account or domain:
i) Name of person registering; ii) email
address; iii) user name; iv) password; and, v)
associated payment information, such as Visa,
Mastercard, etc., Credit Card Number & name
thereon, etc.
- If a person contacts AeroGen Broadband and
claims that he or she is entitled to access
to an account, website, or domain registered
with AeroGen Broadband or its affiliate but is
without access (for any reason such as but
not limited to forgotten password or
forgotten user name, data loss or corruption
on personal computer, improperly locked out,
and so forth), AeroGen Broadband will give access
to the person who acceptably evidences he or
she has substantially all of: i) name of the
person who originally registered .; ii)
email address of the person who originally
registered .; iii) the user name of the
person who originally registered ., if
possible; iv) the associated payment
information of the person who registered .,
such as Visa, Mastercard, etc., Credit Card
Number & name thereon, etc. (mandatory);
and, v) a photo identification evidencing
she or he is the rightful possessor and user
of said credit card or payment medium
(mandatory). Otherwise, AeroGen Broadband will
not give access and control to a claimant
unless AeroGen Broadband is served with a valid
order of a court, agency, or appropriate
Internet controlling entity such as Internet
Corporation for Assigned Names and Numbers
("ICANN"), requiring AeroGen
Broadband to give
such access and control to said claimant or
unless there is submitted to AeroGen
Broadband at
legal@AeroGen Broadband a written statement duly
signed by the person who originally
registered said account which statement is
duly notarized, and in which said originally
registering person confirms that said
claimant is entitled to access and control
of the account, together with a written
notarized statement duly signed by claimant
which confirms claimant is entitled to
access and control of said account, website
and/or domain and has read and agreed to
these Terms of Service. Subscriber
acknowledges and accepts that the foregoing
access and control policies and procedures
are the only way that notice(s) can be given
and changes can be effected regarding said
access and/or control; and, further, that
any other changes made directly by
Subscriber or by others within the online
records of AeroGen Broadband or of its affiliates
shall not be deemed effective to give notice
to AeroGen Broadband or its affiliates of any
changes in said access or control.
- Subscriber acknowledges and accepts said
access and control policy and procedure,
agrees not to bring any claim in the form of
a lawsuit or otherwise against AeroGen
Broadband
arising out of its following said policy and
procedure, agrees immediately to dismiss any
claim so brought, and hereby releases
AeroGen Broadband from all liability and all
claims for damages or any other liability
whatsoever that may arise out of
AeroGen Broadband's following said policy and
procedure.
- If a person contacts AeroGen Broadband and
claims that he or she is entitled to access
to an account, website, or domain registered
with AeroGen Broadband or its affiliate but is
without access (for any reason such as but
not limited to forgotten password or
forgotten user name, data loss or corruption
on personal computer, improperly locked out,
and so forth), AeroGen Broadband will give access
to the person who acceptably evidences he or
she has substantially all of: i) name of the
person who originally registered .; ii)
email address of the person who originally
registered .; iii) the user name of the
person who originally registered ., if
possible; iv) the associated payment
information of the person who registered .,
such as Visa, Mastercard, etc., Credit Card
Number & name thereon, etc. (mandatory);
and, v) a photo identification evidencing
she or he is the rightful possessor and user
of said credit card or payment medium
(mandatory). Otherwise, AeroGen Broadband will
not give access and control to a claimant
unless AeroGen Broadband is served with a valid
order of a court, agency, or appropriate
Internet controlling entity such as Internet
Corporation for Assigned Names and Numbers
("ICANN"), requiring AeroGen
Broadband to give
such access and control to said claimant or
unless there is submitted to AeroGen
Broadband at
legal@AeroGen Broadband a written statement duly
signed by the person who originally
registered said account which statement is
duly notarized, and in which said originally
registering person confirms that said
claimant is entitled to access and control
of the account, together with a written
notarized statement duly signed by claimant
which confirms claimant is entitled to
access and control of said account, website
and/or domain and has read and agreed to
these Terms of Service. Subscriber
acknowledges and accepts that the foregoing
access and control policies and procedures
are the only way that notice(s) can be given
and changes can be effected regarding said
access and/or control; and, further, that
any other changes made directly by
Subscriber or by others within the online
records of AeroGen Broadband or of its affiliates
shall not be deemed effective to give notice
to AeroGen Broadband or its affiliates of any
changes in said access or control.
- License to AeroGen
Broadband.
AeroGen Broadband claims no ownership interest in the
content of Subscriber's web site(s). By
submitting content and data to AeroGen Broadband,
Subscriber grants to AeroGen Broadband, its
successors and assigns, the worldwide,
royalty-free, and nonexclusive license under
Subscriber's copyrights and other rights, if
any, in all material and content displayed in
Subscriber's web site to use, distribute,
display, reproduce, and create derivative works
from such material in any and all media, in
order to maintain such content on AeroGen
Broadband's
servers during the term of these Terms.
Subscriber also authorizes the downloading and
printing of such material, or any portion
thereof, by end-users for their personal use.
This license shall terminate upon Subscriber's
cancellation of the Services as set forth in
Paragraphs 2.01 and 3.0.
- Transfer of Ownership.
AeroGen Broadband is not responsible to determine
ownership of websites hosted by, accounts opened
with, or domains registered with AeroGen
Broadband or
its affiliates. By accessing AeroGen Broadband.s
system, registering, or using any of the
services provided by AeroGen Broadband, the
Subscriber, or any other person so accessing,
registering or using, hereby represents and
warrants that the information provided in
connection with said registration, including as
well information concerning ownership of
websites, domains, and accounts, is true,
accurate, and complete in each material detail.
Any disputes arising regarding the ownership of
any account, website, or domain hosted by,
opened with, or registered with AeroGen
Broadband or
any of its affiliates are subject to the terms
and conditions of Section 5.5 of these Terms.
- AeroGen Broadband will recognize a change of
ownership of account(s) with, of websites
hosted by, and/or of domains registered with
AeroGen Broadband or its affiliates only in the
event that at least one of the following
occur: i) there is received by the
Compliance Manager (tos@AeroGen Broadband) a
written statement (in a form acceptable to
AeroGen Broadband or applicable affiliate)
containing the notarized signature of the
original owner of the account, website,
and/or domain, as applicable, confirming
that ownership of the website, domain,
and/or account, as applicable, has been
transferred to a person (claimant) claiming
to own said website, domain and/or account,
as applicable, along with a written
statement containing the notarized signature
of the claimant confirming that she or he
has acquired said ownership, has read and
agrees to be bound by these Terms of
Service; or, ii) AeroGen Broadband is served with
a valid order of a court, agency, or
appropriate internet controlling entity such
as Internt Corporation for Assigned Names
and Numbers (.ICANN.), requiring
AeroGen Broadband (or affiliate) to transfer such
ownership to said claimant.
- Subscriber acknowledges and accepts that
the foregoing policies and procedures
regarding transfer of ownership are the only
way that notice(s) can be given and changes
can be effected regarding said transfer of
ownership within AeroGen Broadband; and, further,
that any other changes made directly by
Subscriber or by others within the online
records of AeroGen Broadband or of its affiliates
shall not be deemed effective to give notice
to AeroGen Broadband or its affiliates of any
changes in said ownership.
- Subscriber acknowledges and accepts that
the foregoing policies and procedures
regarding transfer of ownership are the only
way that notice(s) can be given and changes
can be effected regarding said transfer of
ownership within AeroGen Broadband; and, further,
that any other changes made directly by
Subscriber or by others within the online
records of AeroGen Broadband or of its affiliates
shall not be deemed effective to give notice
to AeroGen Broadband or its affiliates of any
changes in said ownership.
- AeroGen Broadband will recognize a change of
ownership of account(s) with, of websites
hosted by, and/or of domains registered with
AeroGen Broadband or its affiliates only in the
event that at least one of the following
occur: i) there is received by the
Compliance Manager (tos@AeroGen Broadband) a
written statement (in a form acceptable to
AeroGen Broadband or applicable affiliate)
containing the notarized signature of the
original owner of the account, website,
and/or domain, as applicable, confirming
that ownership of the website, domain,
and/or account, as applicable, has been
transferred to a person (claimant) claiming
to own said website, domain and/or account,
as applicable, along with a written
statement containing the notarized signature
of the claimant confirming that she or he
has acquired said ownership, has read and
agrees to be bound by these Terms of
Service; or, ii) AeroGen Broadband is served with
a valid order of a court, agency, or
appropriate internet controlling entity such
as Internt Corporation for Assigned Names
and Numbers (.ICANN.), requiring
AeroGen Broadband (or affiliate) to transfer such
ownership to said claimant.
- Disputing Site or Account
Ownership Disputes sometimes arise
between or among multiple persons claiming
ownership of or rights in a site hosted by
AeroGen Broadband or in an associated AeroGen
Broadband
account. AeroGen Broadband is not obligated to
resolve any such disputes. If multiple persons
are claiming ownership of or rights in a site
hosted by AeroGen Broadband or in an associated
AeroGen Broadband account, and, in AeroGen
Broadband's
sole judgment, there is not certainty as to the
ownership of or rights in said site or account,
then AeroGen Broadband will, to the extent of its
knowledge and ability, notify said persons of
the dispute and demand that said persons
promptly, conclusively, and finally resolve the
dispute in a manner which makes clear who the
owner(s) and/or interest holder(s) is/are and in
a manner which relieves AeroGen Broadband of all
liability or obligations concerning the dispute.
If the disputing persons fail so to resolve the
dispute within what AeroGen Broadband, in its sole
judgment, deems to be a reasonable time, then
AeroGen Broadband, at its option and without any
obligation to do so, may, in accordance with and
subject to the laws of the State of Utah, file
an interpleaded action in a court of competent
jurisdiction within the State of Utah for the
purpose of allowing the contending persons to
resolve said dispute and to reach certainty
regarding ownership of or rights in said site
and/or account. The person or persons
conclusively and finally determined by the
interpleader action to be the rightful owner(s)
or interest holder(s) of said site and/or
associated account shall be obligated to
reimburse AeroGen Broadband for all of its expenses
relative to said interpleader action including
without limit all its court costs and reasonable
attorney fees. All amounts owed to AeroGen
Broadband
under this section 5.03 shall be deemed due and
payable immediately upon thirty (30) days after
judgment or settlement is reached in said
interpleader action. Failure of the rightful
owner of said site and/or associated account to
cause AeroGen Broadband to be timely paid in full all
of said amounts shall be deemed a breach of
these Terms, shall subject the account to
immediate termination, and shall entitle
AeroGen Broadband to a judgment against said rightful
owner for all costs and all of AeroGen Broadband's
expenses relative to said interpleader action
including without limit all of AeroGen Broadband's
court costs and reasonable attorney fees. No
rights enumerated in this section 5.03 shall in
any way diminish any other rights of
AeroGen Broadband enumerated in any other section of
these Terms, or otherwise available to
AeroGen Broadband at law or in equity.
- Site Security.
AeroGen Broadband uses sophisticated means of
security in connection with the Services.
Notwithstanding the foregoing, it is exclusively
Subscriber's obligation to maintain and control
passwords to Subscriber's web site(s), and
Subscriber exclusively is responsible for all
activities that occur in connection with
Subscriber's user name, password, registered
domain name(s); as well as any and all scripts
or programs added to the account by the
Subscriber or authorized users. Subscriber
agrees to immediately notify AeroGen Broadband of any
unauthorized uses of the Service or any other
breaches of security. AeroGen Broadband will not be
liable for any loss or damages of any kind,
under any legal theory, caused by Subscriber's
failure to comply with the foregoing security
obligations or caused by any person to whom
Subscriber grants access to Subscriber's
Services. Any programs or scripts available via
the cPanel interface are solely the Subscriber's
responsibility to update and secure.
- PRIVACY POLICY
- Commitment. The
AeroGen Broadband commitment to our Subscribers'
privacy is set forth in this section. Except as
required by law or as otherwise provided herein,
AeroGen Broadband will take commercially reasonable
steps to ensure your right to privacy.
AeroGen Broadband is committed to developing long
lasting relationships that are built on trust
and will never intentionally violate that trust.
- Encryption. When
Subscriber orders from AeroGen Broadband, Personal
Data Transmissions are encrypted. When
Subscriber orders from AeroGen Broadband, all of
Subscriber's personal information is protected.
AeroGen Broadband uses Secure Sockets Layer (SSL),
the industry standard, for encrypting all
personal information, including name, address
and credit card numbers.
- Confidentiality.
With the exception of trusted business
affiliates and/or associates who work on behalf
of or in connection with AeroGen Broadband, subject
to specific confidentiality agreements,
AeroGen Broadband will not provide or sell to any
third party your personal information and will
keep all Subscriber information confidential,
subject to the following:
- Upon registration, certain Subscriber
information is transferred to WHOIS (domain
registration information), to our affiliated
third-party registrar, FastDomain, to
Postini (email addresses), and to Comodo (SSL
cert. creation).
- AeroGen Broadband will respond to subpoenas,
court orders, or other legal process, and
will utilize Subscriber information as
necessary to establish or exercise
AeroGen Broadband's legal rights or defend
against legal claims. AeroGen Broadband will
charge the person or entity for submitting a
civil subpoena for costs associated with
subpoena compliance. Payment must be made
within thirty (30) days from the date of
receipt of the AeroGen Broadband invoice. Checks
should be made out to AeroGen Broadband.
AeroGen Broadband's subpoena compliance costs are
as follows: Research-$150.00/hour; Federal
Express-Cost as Billed; Copies-$1.00/page;
Compact Discs - $10.00/per CD.
- AeroGen Broadband will share information to
investigate, prevent, or take action
regarding illegal activities, suspected
fraud, situations involving potential
threats to the physical safety of any
person, violations or suspected violations
of these Terms, or as otherwise required by
law.
- When we are threatened with suit by a
third party, or any other legal action
brought to our attention involving us based
on the anonymity of the domain, we may seek
assurance from you the customer concerning
your promise to indemnify us and written
notice that you have contacted the plaintiff
or representative for the complainant and
made your contact information available to
them. Failure to provide those assurances
may be considered by us to be a breach of
your Agreement and may result in
deactivation of your domain name and forfeit
the right to privacy on a domain. A
pro-rated refund will be issued to the
payment method on file for the remaining
unused service.
- AeroGen Broadband may transfer information
about Subscribers if AeroGen Broadband is
acquired by or merged with another company,
in which event AeroGen Broadband will notify
Subscriber.
- Upon registration, certain Subscriber
information is transferred to WHOIS (domain
registration information), to our affiliated
third-party registrar, FastDomain, to
Postini (email addresses), and to Comodo (SSL
cert. creation).
- Commitment. The
AeroGen Broadband commitment to our Subscribers'
privacy is set forth in this section. Except as
required by law or as otherwise provided herein,
AeroGen Broadband will take commercially reasonable
steps to ensure your right to privacy.
AeroGen Broadband is committed to developing long
lasting relationships that are built on trust
and will never intentionally violate that trust.
- "UNLIMITED" USAGE POLICIES AND DEFINITIONS
- What "Unlimited" means.
AeroGen Broadband does not set an arbitrary limit or
cap on the amount of resources a single
Subscriber can use. In good faith and subject to
these Terms, AeroGen Broadband makes every
commercially reasonable effort to provide its
Subscribers with all the storage and bandwidth
resources needed to power their web sites
successfully, as long as the Subscriber's use of
the service complies with these Terms. By not
setting limits on key resources, we are able to
provide simple, consistent pricing to our
Subscribers as they grow their websites. As a
result, a typical website may experience periods
of great popularity and resulting increased
storage without experiencing any associated
increase in hosting charges.
- What "Unlimited" DOES NOT
mean. AeroGen Broadband employs complex
mechanisms to protect its Subscribers and
systems from abuse. AeroGen Broadband's offering of
"unlimited" services is not intended to allow
the actions of a single or few Subscribers to
unfairly or adversely impact the experience of
other Subscribers.
AeroGen Broadband's service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. AeroGen Broadband's service is designed to meet the typical needs of small business and home business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server. AeroGen Broadband will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, AeroGen Broadband does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until AeroGen Broadband can evaluate said sites resource needs.
- Unlimited Hosting Space.
AeroGen Broadband does not set arbitrary limits on
the amount of disk space a Subscriber can use
for the Subscriber's website, nor does
AeroGen Broadband charge additional fees based on an
increased amount of storage used, provided the
Subscriber's use of storage complies with these
Terms. Please note, however, that the
AeroGen Broadband service is designed to host
websites. AeroGen Broadband does NOT provide
unlimited space for online storage, backups, or
archiving of electronic files, documents, log
files, etc., and any such prohibited use of the
Services will result in the termination of
Subscriber's account, with or without notice.
Accounts with excessive number of files
negatively affect the performance of the server
and AeroGen Broadband may request that the number of
files be reduced to ensure proper performance.
- Unlimited File Transfer.
AeroGen Broadband does not set arbitrary limits on
the amount of visitor traffic a web site can
receive or on the amount of content a Subscriber
can upload to his/her/its website in a given
month, nor does AeroGen Broadband charge additional
fees based on increased use of bandwidth, as
long as the Subscriber's use of the Services
complies with these Terms. In most cases, a
Subscriber's web site will be able to support as
much traffic as the Subscriber can legitimately
acquire. However, AeroGen Broadband reserves the
right to limit processor time, bandwidth, or
processes, memory, or number of files in cases
where it is necessary to prevent negatively
impacting other Subscribers.
- Unlimited Domain Hosting.
AeroGen Broadband does not set arbitrary limits on
the number of domain names a Subscriber can
associate with the Subscriber's web hosting
account.
- What "Unlimited" means.
AeroGen Broadband does not set an arbitrary limit or
cap on the amount of resources a single
Subscriber can use. In good faith and subject to
these Terms, AeroGen Broadband makes every
commercially reasonable effort to provide its
Subscribers with all the storage and bandwidth
resources needed to power their web sites
successfully, as long as the Subscriber's use of
the service complies with these Terms. By not
setting limits on key resources, we are able to
provide simple, consistent pricing to our
Subscribers as they grow their websites. As a
result, a typical website may experience periods
of great popularity and resulting increased
storage without experiencing any associated
increase in hosting charges.
- COOKIE POLICY STATEMENT
- General Purposes.
AeroGen Broadband understands that many of its
Subscribers are concerned about "cookies", which
are electronic collections of information stored
on the local computer of a person using the
worldwide web and which are used chiefly by
websites to keep track of visitors and
registered users and to relate one computer
transaction to a later one. AeroGen Broadband
provides this Cookie Policy Statement to let
you, the Subscriber, know how AeroGen Broadband uses
this technology. AeroGen Broadband uses cookies to
help AeroGen Broadband improve its website and web
hosting services, and, most importantly, to
provide AeroGen Broadband's existing Subscribers with
the opportunity for continued savings and
increased convenience.
- Cookies for Improving Our
Web Site. AeroGen Broadband uses cookies to
inform AeroGen Broadband of a repeat visit. The
cookie does not tell AeroGen Broadband who a visitor
is, the visitor's name, email address, or
Passwords.
- Cookies for Banner
Rewards Program. To offer AeroGen
Broadband
Subscribers continued savings, AeroGen Broadband uses
cookies to help monitor the traffic generated
from AeroGen Broadband banners and logo buttons
displayed on AeroGen Broadband Subscribers' websites.
For every new AeroGen Broadband Subscriber that is
introduced to AeroGen Broadband through a
Subscriber's website, the Subscriber receives a
credited discount.
- Cookies for Subscriber
Account Management. For AeroGen Broadband
Subscribers, AeroGen Broadband uses cookies to store
user names for added convenience to the
Webmaster. As part of our AeroGen Broadband web
hosting package, AeroGen Broadband offers
password-protected, web-based management tools.
By storing a Subscriber's username in a cookie,
the Webmaster will not have to fill out form
fields each time he or she manages the account.
(The cookie does not store Passwords.)
AeroGen Broadband is dedicated to using the newest
technologies in order to simplify our
Subscribers' experience.
- General Purposes.
AeroGen Broadband understands that many of its
Subscribers are concerned about "cookies", which
are electronic collections of information stored
on the local computer of a person using the
worldwide web and which are used chiefly by
websites to keep track of visitors and
registered users and to relate one computer
transaction to a later one. AeroGen Broadband
provides this Cookie Policy Statement to let
you, the Subscriber, know how AeroGen Broadband uses
this technology. AeroGen Broadband uses cookies to
help AeroGen Broadband improve its website and web
hosting services, and, most importantly, to
provide AeroGen Broadband's existing Subscribers with
the opportunity for continued savings and
increased convenience.
- PROHIBITED USES
- Breach of Terms and Account Termination. The uses of AeroGen Broadband Services set forth in this section 9 hereinbelow are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber ( as determined in the sole discretion of AeroGen Broadband) constitutes a material breach of these Terms and will subject Subscriber's account to immediate termination without notice.
- Spamming.
Spamming, whether or not it overloads the
Services or disrupts service to AeroGen
Broadband's
Subscribers, is prohibited. The term "Spamming"
includes, but is not limited to, the sending of
unsolicited bulk and/or commercial messages over
the Internet, maintaining an open SMTP policy,
or sending to any mailing list that is not
double opt in. AeroGen Broadband requires that all
email messages contain an automated opt out . We
do not allow purchased lists. AeroGen Broadband's
Subscribers are required to follow all rules in
the Can Spam Act (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm)
as well as our company spam rules. AeroGen
Broadband
reserves the right to determine, in its sole and
absolute discretion, whether e-mail recipients
were part of an opt-in email list. Irrespective
of whether an email campaign constitutes
Spamming as defined herein, AeroGen Broadband allows
a MAXIMUM of 500 emails per hour to be sent from
any individual hosting account.
- Prohibited Offerings.
No Subscriber may utilize the Services to
provide, sell or offer to sell the following:
controlled substances; illegal drugs and drug
contraband; weapons; pirated materials;
instructions on making, assembling or obtaining
illegal goods or weapons to attack others;
information used to violate the copyright(s) of,
violate the trademark(s) of or to destroy
others' intellectual property or information;
information used to illegally harm any people or
animals; pornography, nudity, sexual products,
programs or services; escort services or other
content deemed adult related.
- Profanity.
Profanity or profane subject matter in the site
content and in the domain name are prohibited.
- Private Information and
Images. Subscribers may not post or
disclose any personal or private information
about or images of children or any third party
without the consent of said party (or a parent's
consent in the case of a minor).
- Violations of
Intellectual Property Rights. Any
violation of any person's or entity's
intellectual property rights, rights of privacy,
rights of publicity or other personal rights is
prohibited. AeroGen Broadband is required by law to
remove or block access to content appearing on
or through the Services upon receipt of proper
notice of copyright infringement (see "Copyright
Infringement Notice Information" below).
- Misrepresentation of
Transmission Information. Forging,
misrepresenting, omitting, or deleting message
headers, return mailing information and/or
Internet protocol addresses to conceal or
misidentify the origin of a message is
prohibited.
- Viruses and Other
Destructive Activities. Use of the
Services for creating or sending Internet
viruses, worms or Trojan horses, or for pinging,
flooding or mail bombing, or engaging in denial
of service attacks is prohibited. It is also
prohibited for any Subscriber to engage in other
activity that is intended to disrupt or
interfere with, or that results in the
disruption of or interference with, the ability
of others to effectively use the Services (or
any connected network, system, service or
equipment) or conduct their business over the
Internet.
- Hacking. "Hacking"
and related activities are prohibited. "Hacking"
includes, but is not limited to, the following
activities: illegally or without authorization,
accessing computers, accounts or networks,
penetrating or attempting to penetrate security
measures, port scans, stealth scans, and other
activities designed to assist in hacking.
- Anonymous Proxies.
AeroGen Broadband does not allow the use of anonymous
proxy scripts on its servers. They can be very
abusive to the server resources, affecting all
users on that server.
- Export Control
Violations. The exportation of encryption
software outside of the United States and/or
violations of United States law relating to the
exportation of software is prohibited.
Subscriber may not export or transfer, directly
or indirectly, any regulated product or
information to anyone outside the United States
without complying with all applicable statues,
codes, ordnances, regulations, and rules imposed
by U.S. federal, state or local law, or by any
other applicable law.
- Child Pornography.
The use of the Services to store, post, display,
transmit, advertise or otherwise make available
child pornography is prohibited. AeroGen
Broadband is
required by law to, and will, notify law
enforcement agencies when it becomes aware of
the presence of child pornography on, or being
transmitted through, the Services.
- Other Illegal Activities.
The use of the Services to engage in any
activity that is determined by AeroGen Broadband, in
its sole and absolute discretion, to be illegal
is prohibited. Such illegal activities include,
but are not limited to, storing, posting,
displaying, transmitting or otherwise making
available ponzi or pyramid schemes, fraudulently
charging credit cards or displaying credit card
information of third parties without their
consent, and failure to comply with applicable
on-line privacy laws. AeroGen Broadband will
cooperate fully with appropriate law enforcement
agencies in connection with any and all illegal
activities occurring on or through the Services.
- Obscene, Defamatory,
Abusive or Threatening Language. Use of
the Services to store, post, transmit, display
or otherwise make available obscene, defamatory,
harassing, abusive or threatening language is
prohibited.
- Backup Storage.
AeroGen Broadband offers its Services to host web
sites, not to store data. Using an account as an
online storage space for archiving electronic
files is prohibited and will result in
termination of hosting services without prior
notice.
- Other Activities.
Engaging in any activity that, in AeroGen
Broadband's
sole and absolute discretion, disrupts,
interferes with or is harmful to (or threatens
to disrupt, interfere with, or be harmful to)
the Services, AeroGen Broadband's business,
operations, reputation, goodwill, Subscribers
and/or Subscriber relations, or the ability of
AeroGen Broadband's Subscribers to effectively use
the Services is prohibited. Such prohibited
activities include making available any program,
product or service that is designed to or could
be used to violate these Terms. In addition, the
failure of Subscriber to cooperate with
AeroGen Broadband in correcting or preventing
violations of these Terms by, or that result
from the activity of, a subscriber, patron,
customer, invitee, visitor, or guest of the
Subscriber constitutes a violation of these
Terms by Subscriber.
- COPYRIGHT NOTICE INFRINGEMENT INFORMATION
In accordance with the Digital Millennium Copyright Act, AeroGen Broadband has adopted a policy that provides for termination of websites hosted by AeroGen Broadband that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by AeroGen Broadband or a AeroGen Broadband subsidiary, and the copyright holder wants AeroGen Broadband to remove the website or disable the material in question, AeroGen Broadband will remove the website or disable the material if the copyright holder provides us with all of the following information.
- A signature of a person authorized to act on
behalf of the owner of the exclusive right that
is allegedly infringed. Identification of the
copyrighted work that is claimed is being
infringed, or, in the case of claimed
infringement of multiple copyrighted works, a
representative list of such works.
- Identification of the material that is
claimed to be infringing or is the subject of
infringing activity and that should be removed
or access to which should be disabled, with
information reasonably sufficient to permit us
to locate the material.
- Information reasonably sufficient to permit
us to contact the person giving the
notification, such as an address and telephone,
and, if available, an electronic mail address at
which such person may be contacted.
- A statement that the person giving the
notification has a good faith belief that use of
the material in the manner complained of is not
authorized by the copyright owner, its agent, or
the law.
- A statement that the information in the
notification is accurate, and under penalty of
perjury, that the person giving the notification
is authorized to act on behalf of the owner of
the exclusive right that is allegedly infringed.
Email DMCA reports to
legal@aerogenbroadband.com.
- A signature of a person authorized to act on
behalf of the owner of the exclusive right that
is allegedly infringed. Identification of the
copyrighted work that is claimed is being
infringed, or, in the case of claimed
infringement of multiple copyrighted works, a
representative list of such works.
- GENERAL
- Promotional Pricing.
AeroGen Broadband may periodically offer "free" or
discounted services or credits in connection
with a promotional offer, including, without
limitation, free domain name registration. Such
promotional offers are honored only in
connection with the specific promotional package
to which they apply. In the event a Subscriber
downgrades or otherwise changes his/her/its
subscription to a subscription to which a
promotional offer does not apply, Subscriber
will forfeit any unused free credits offered
under the promotional packaged and AeroGen
Broadband
will charge Subscriber the prevailing fees for
any free credits redeemed by Subscriber under
the promotional package.
- Backups. For its
own operational efficiencies and purposes,
AeroGen Broadband from time to time backs up data on
its servers, but is under no obligation or duty
to Subscriber to do so under these Terms. IT IS
SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO
BACKUP SUBSCRIBER'S FILES AND DATA ON
AeroGen Broadband SERVERS, AND under no circumstance
will AeroGen Broadband be liable to anyone FOR
DAMAGES OF ANY KIND under any legal theory for
loss of Subscriber FILES AND/or data on any
AeroGen Broadband server. AeroGen Broadband will not
attempt to back up accounts that exceed 50,000
files or 30 Gigs of space for any reason.
- Monitoring and
Disclosures. All activities occurring on,
in, and/or via the Services or any website
hosted by AeroGen Broadband may be monitored,
recorded, and examined by any authorized person,
including as well law enforcement. In general,
AeroGen Broadband does not monitor its Subscribers'
websites or activities to determine whether they
are in compliance with these Terms. However,
when and if AeroGen Broadband becomes aware of any
violation of these Terms, AeroGen Broadband may take
any lawful action, and in the event of illegal
activity, will take action, to stop or correct
such violation, including, but not limited to,
shutting down a website, denying access to the
Services or to the Internet via AeroGen
Broadband,
and/or removing non-complying information. In
addition, AeroGen Broadband may take any lawful
action against a Subscriber or a subscriber,
patron, customer, invitee, visitor, or guest of
such Subscriber because of the activities of
such subscriber, patron, customer, invitee,
visitor, or guest. AeroGen Broadband reserves the
right to take any such action even though such
action may affect other subscribers, patrons,
customers, invitees, visitors, or guests of the
Subscriber. AeroGen Broadband may disclose any
information in its possession, including,
without limitation, information about
Subscribers, internet transmissions and website
activity in order to comply with a court order,
subpoena, summons, discovery request, warrant,
statute, regulation, governmental request, or
other legal process to protect AeroGen Broadband or
others from harm, and/or to ensure the proper
operation of the Services. AeroGen Broadband has no
obligation to notify any person, including the
Subscriber about whom information is sought,
that AeroGen Broadband has provided the information.
- Accurate Account
Information. Subscriber must continually
update and keep accurate and current
Subscriber's contact information stored and
saved on AeroGen Broadband in order to avoid
termination of Subscriber's AeroGen
Broadband
account(s).
- Duty to Notify
AeroGen Broadband of Breach. If Subscriber
discovers anyone on the AeroGen Broadband system
violating any of these Terms or notices anything
suspicious from the AeroGen Broadband network,
Subscriber agrees to report the violation or
suspicious activity to
abuse@aerogenbroadband.com for
investigation. AeroGen Broadband reserves the right
to and will immediately terminate any account
which AeroGen Broadband concludes to be in violation
of any of these Terms.
- Reservation of Rights.
AeroGen Broadband reserves the right to refuse or to
cancel service to any prospective Subscriber or
existing Subscriber for any lawful reason at any
time during Subscriber's hosting term with
AeroGen Broadband.
- Severability.
These Terms are binding upon AeroGen Broadband, all
existing and prospective Subscribers, and upon
the assigns, heirs, and successors of each. If
any provision of these Terms is held by any
court of competent jurisdiction to be invalid or
otherwise unenforceable, the rest of these Terms
shall, nevertheless, continue to be valid and in
full force and effect, to the extent said
remaining Terms are then otherwise consistent
with the original intent of the Terms of
Service.
- Governing Law.
These Terms shall be governed by the laws of the
State of Utah without reference to conflict of
law principles. The United Nations Convention on
the International Sale of Goods shall not apply
and is hereby expressly excluded. By subscribing
to or using any of the Services of AeroGen
Broadband,
Subscriber agrees that all disputes, if any,
involving AeroGen Broadband shall be subject
exclusively to the jurisdiction of the State and
Federal Courts within the State of Utah;
provided, further, that all action brought
against AeroGen Broadband in State Court must be
brought in Utah County, Utah and, if in Federal
Court, in Salt Lake County, Utah. Subscriber
hereby agrees that it is subject to the in
personam jurisdiction of said courts for all
purposes in connection with these Terms and/or
in connection with any claim or dispute
involving AeroGen Broadband. Subscriber hereby waives
any and all objections that it has or might
have, known or unknown, whether under Utah.s
long arm statute or otherwise, to the existence
of said in personam jurisdiction. Subscriber
agrees that it has no right to and shall not
file or otherwise bring a lawsuit against
AeroGen Broadband outside the State of Utah; and,
that Subscriber, if involved before a court in a
lawsuit outside of the State of Utah, shall be
deemed to support and to stipulate to a motion
made by AeroGen Broadband to dismiss said lawsuit
with respect to AeroGen Broadband.
- Parked Page Services.
AeroGen Broadband provides Parked Page Services on
domains registered through or hosted with
AeroGen Broadband. User can opt out of the Parked
Page Services at any time by simply replacing
the default web page on the parked domain or
pointing the DNS away from AeroGen Broadband. By
using any of the Parked Pages Services, User
agrees that AeroGen Broadband may point the domain
name or DNS to one of AeroGen Broadband's or
AeroGen Broadband's affiliates web pages, and that
they may place advertising on User's web page
and that AeroGen Broadband specifically reserves this
right. User shall have no right to any
compensation and shall not be entitled and shall
have no right to receive any funds related to
the monetization of User's Parked Pages. User
agrees to indemnify and hold harmless
AeroGen Broadband for any complications arising out
of use of the Parked Page Services, including,
but not limited to, actions AeroGen Broadband chooses
to take to remedy User's improper or illegal use
of a Web site hosted by AeroGen Broadband. User
agrees it is not entitled to a refund of any
fees paid to AeroGen Broadband. If a dispute arises
as a result of one or more of User's Parked
Pages, User will indemnify, defend and hold
AeroGen Broadband harmless for damages arising out of
such dispute. User also agrees that if
AeroGen Broadband is notified that a complaint has
been filed with a governmental, administrative
or judicial body, regarding a Web site hosted by
AeroGen Broadband that AeroGen Broadband, in its sole
discretion, may take whatever action
AeroGen Broadband deems necessary regarding further
modification, assignment of and/or control of
the Web site to comply with the actions or
requirements of the governmental, administrative
or judicial body until such time as the dispute
is settled.
- Promotional Pricing.
AeroGen Broadband may periodically offer "free" or
discounted services or credits in connection
with a promotional offer, including, without
limitation, free domain name registration. Such
promotional offers are honored only in
connection with the specific promotional package
to which they apply. In the event a Subscriber
downgrades or otherwise changes his/her/its
subscription to a subscription to which a
promotional offer does not apply, Subscriber
will forfeit any unused free credits offered
under the promotional packaged and AeroGen
Broadband
will charge Subscriber the prevailing fees for
any free credits redeemed by Subscriber under
the promotional package.
- WARRANTY DISCLAIMER - LIMITATIONS -
INDEMNIFICATION
- Warranty Disclaimer.
YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE
SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS,
AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND.
AeroGen Broadband HEREBY DISCLAIMS ANY WARRANTY OR
CONDITION WITH RESPECT TO THE QUALITY,
PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND
SOFTWARE, OR WITH RESPECT TO THE QUALITY OR
ACCURACY OF ANY INFORMATION OBTAINED FROM OR
AVAILABLE THROUGH USE OF THE SERVICES AND
SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL
BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. THE SERVICES AND
SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR
INFORMATION GIVEN BY AeroGen Broadband OR
AeroGen Broadband'S REPRESENTATIVES INCLUDING,
WITHOUT LIMITATION, SUBSCRIBER SUPPORT
REPRESENTATIVES, SHALL CREATE A WARRANTY.
AeroGen Broadband DISCLAIMS ALL WARRANTIES OR
CONDITIONS, EXPRESS, IMPLIED OR STATUTORY
INCLUDING, WITHOUT LIMITATION, WARRANTIES OR
CONDITIONS OF QUIET ENJOYMENT AND
NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS
FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF
COMPUTER PROGRAMS AND CONTENT. AeroGen Broadband DOES
NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE
SERVICES AT TIMES OR LOCATIONS OF THEIR
CHOOSING. AeroGen Broadband DOES NOT WARRANT THAT THE
SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY
SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY
CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE
OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR
AeroGen Broadband IN PARTICULAR.
- Limitations on
AeroGen Broadband's Liability.
AeroGen Broadband
SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY
IN PERFORMANCE CAUSED BY ANY REASON, WHETHER
WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT
SHALL AeroGen Broadband BE LIABLE UNDER CONTRACT,
NEGLIGENCE, TORT, CONVERSION, COPYRIGHT
INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT
LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY
FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF
DATA OR INFORMATION OF ANY KIND OR LOSS OF
BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT
AeroGen Broadband HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGES. AeroGen Broadband SHALL NOT
BE LIABLE FOR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.
AeroGen Broadband'S ENTIRE LIABILITY AND SUBSCRIBER'S
EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE
SERVICES IS THE CANCELLATION OF SUBSCRIBER'S
ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL
AeroGen Broadband'S LIABILITY TO YOU, THE SUBSCRIBER,
EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY
AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE
SUBSCRIBER, TO AeroGen Broadband FOR THE PRIOR ONE
MONTH PERIOD. NO ACTION, REGARDLESS OF FORM,
ARISING OUT OF THESE TERMS OR OUT OF THE
SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER,
MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE
RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS
DO NOT ALLOW A LIMITATION ON LIABILITY FOR
NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY
AND, IN SUCH JURISDICTIONS, AeroGen Broadband'S
LIABILITY SHALL BE LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
- Indemnification of
AeroGen Broadband. You, the Subscriber, agree
to defend, indemnify and hold AeroGen Broadband, its
affiliates and its sponsors, partners, other
co-branders and the respective directors,
officers and employees of each harmless from and
against any and all claims, losses, damages,
liabilities and costs (including, without
limitation, reasonable attorneys' fees and court
costs) arising out of or relating to your breach
of any of these Terms or use by you or any third
party of the Services, except to the extent the
foregoing directly result from AeroGen Broadband's
own gross negligence or willful misconduct.
AeroGen Broadband reserves the right, at its own
expense, to assume the exclusive defense and
control of any matter otherwise subject to
indemnification by you, the Subscriber.
- Warranty Disclaimer.
YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE
SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS,
AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND.
AeroGen Broadband HEREBY DISCLAIMS ANY WARRANTY OR
CONDITION WITH RESPECT TO THE QUALITY,
PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND
SOFTWARE, OR WITH RESPECT TO THE QUALITY OR
ACCURACY OF ANY INFORMATION OBTAINED FROM OR
AVAILABLE THROUGH USE OF THE SERVICES AND
SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL
BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. THE SERVICES AND
SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR
INFORMATION GIVEN BY AeroGen Broadband OR
AeroGen Broadband'S REPRESENTATIVES INCLUDING,
WITHOUT LIMITATION, SUBSCRIBER SUPPORT
REPRESENTATIVES, SHALL CREATE A WARRANTY.
AeroGen Broadband DISCLAIMS ALL WARRANTIES OR
CONDITIONS, EXPRESS, IMPLIED OR STATUTORY
INCLUDING, WITHOUT LIMITATION, WARRANTIES OR
CONDITIONS OF QUIET ENJOYMENT AND
NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS
FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF
COMPUTER PROGRAMS AND CONTENT. AeroGen Broadband DOES
NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE
SERVICES AT TIMES OR LOCATIONS OF THEIR
CHOOSING. AeroGen Broadband DOES NOT WARRANT THAT THE
SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY
SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY
CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE
OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR
AeroGen Broadband IN PARTICULAR.
- PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND
INDIVIDUALS)
- Sanctioned Countries.
The government of the United States of America,
through various of its offices and agencies,
including but not limited to, through one or
more Executive Orders of the President of the
United States, through rules and regulations of
the United States Department of State,
Department of the Treasury, and Department of
Commerce, has determined that, with respect to
all or certain commercial activities that would
otherwise occur between i) the United States,
its citizens or residents on the one hand and
ii) the governments, citizens, or residents of
certain other countries ("Sanctioned Countries")
on the other hand, said commercial activities
are to be prohibited, embargoed, sanctioned,
banned, and/or otherwise excluded. "Sanctioned
Countries" shall be deemed automatically to be
added to or otherwise modified from time to time
consistent with the determination(s) of the
government of the United States, and shall
include all other countries with respect to
which commercial activities are prohibited,
embargoed, sanctioned, banned and/or otherwise
excluded by determination(s) of the government
of the United States from time to time.
- Each Sanctioned Country, all
governmental, commercial, or other entities
located therein, and all individuals located
in any Sanctioned Country are hereby
prohibited from registering or signing up
with, subscribing to, or using any service
of AeroGen Broadband.
- Each individual which is a National or
Citizen of a Sanctioned Country is hereby
prohibited from registering or signing up
with, subscribing to, or using any service
of AeroGen Broadband, regardless of where said
individual is located.
- Each Sanctioned Country, all
governmental, commercial, or other entities
located therein, and all individuals located
in any Sanctioned Country are hereby
prohibited from registering or signing up
with, subscribing to, or using any service
of AeroGen Broadband.
- Prohibited
Organizations/Entities. The government of
the United States of America, through various of
its offices and agencies, including but not
limited to, through one or more Executive Orders
of the President of the United States, through
rules and regulations of the United States
Department of State, Department of the Treasury,
and Department of Commerce, has determined that
certain organizations and/or entities
(collectively "Prohibited
Organizations/Entities" and individually
"Prohibited Organization/Entity") are to be
prohibited, embargoed, sanctioned, banned,
and/or otherwise excluded from all or certain
commercial transactions with the United States,
its citizens and residents. The Prohibited
Organizations/Entities are those as set forth in
the applicable records of the government of the
United States, including without limit those set
forth at: http://www.ustreas.gov/ofac; and,
http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf,
as said determinations and resulting records may
be amended, updated, or otherwise modified from
time to time.
- Each Prohibited Organization/Entity is
hereby prohibited from registering or
signing up with, subscribing to, or using
any service of AeroGen Broadband.
- Each Prohibited Organization/Entity is
hereby prohibited from registering or
signing up with, subscribing to, or using
any service of AeroGen Broadband.
- Prohibited Individuals.
The government of the United States of America,
through various of its offices and agencies,
including but not limited to, through one or
more Executive Orders of the President of the
United States, through rules and regulations of
the United States Department of State,
Department of the Treasury, and Department of
Commerce, has determined that certain
individuals (collectively "Prohibited
Individuals" and individually "Prohibited
Individual"), including without limit, certain
Specially Designated Nationals are to be
prohibited, embargoed, sanctioned, banned,
and/or otherwise excluded from all or certain
commercial transactions with the United States,
its citizens and residents. The Prohibited
Individuals are those as set forth in the
applicable records of the government of the
United States, including without limit those set
forth at: http://www.ustreas.gov/ofac; and,
http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf,
as said determinations and resulting records may
be amended, updated, or otherwise modified from
time to time.
- Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of AeroGen Broadband.
- Sanctioned Countries.
The government of the United States of America,
through various of its offices and agencies,
including but not limited to, through one or
more Executive Orders of the President of the
United States, through rules and regulations of
the United States Department of State,
Department of the Treasury, and Department of
Commerce, has determined that, with respect to
all or certain commercial activities that would
otherwise occur between i) the United States,
its citizens or residents on the one hand and
ii) the governments, citizens, or residents of
certain other countries ("Sanctioned Countries")
on the other hand, said commercial activities
are to be prohibited, embargoed, sanctioned,
banned, and/or otherwise excluded. "Sanctioned
Countries" shall be deemed automatically to be
added to or otherwise modified from time to time
consistent with the determination(s) of the
government of the United States, and shall
include all other countries with respect to
which commercial activities are prohibited,
embargoed, sanctioned, banned and/or otherwise
excluded by determination(s) of the government
of the United States from time to time.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE
PERSONS YOU ARE REPRESENTING WITH RESPECT TO
AeroGen Broadband SERVICES, DO NOT AGREE TO ANY OF THE
FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON
BEHALF ANY SUCH PERSON(S), DISCONTINUE THE
REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE
SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL
YOUR AeroGen Broadband ACCOUNT. BEGINNING NOW, ANY
CONTINUATION BY YOU IN USING THE SERVICES
CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN
EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO
CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND
TO COMPLY WITH ALL OF THESE TERMS.