Terms of Service
Updated April 21, 2010
The most current version of our Terms of Service can always be found at http://www.kannoncom.com/TermsOfService. This document may change from time to time. Changes go into effect and are applied to all customers from the time that they are posted to the above URL.
Service Description
Kannon Communications provides internet hosting and associated services and maintains dedicated server computers, other equipment and software which is integrated with the internet. These servers send and receive data and information in relationship to the internet. Customers wish to utilize the hardware and software resources of Kannon to communicate, collaborate, and establish online communities using Kannon's web hosting services and network.
Conditions
The Customer's purchase order and this Agreement constitute a legal and binding contract between Kannon and the Customer.
Warranties
With respect to the services to be provided herein, the Customer acknowledges that Kannon makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Kannon shall not be liable to the Customer for any claims, damages, or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of, or in relation to, the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
Information
The utilization of any data or information received by the Customer from the utilization of the service to be provided by Kannon is at the Customer's sole and absolute risk. Kannon specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of information obtained through the services to be provided hereby.
Payment
Payment is due annually or by separate agreement, at the beginning of the term of service. In the event that the Customer fails to pay for such services in advance, Kannon shall be entitled to suspend the Customer's service, after providing reasonable notice to one or more responsible Customer representatives, until payment is made.
Restrictive Use
Unilateral Service Revocation
In the event that Kannon may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, Kannon may immediately discontinue such service to the Customer without liability.
Indemnification
The Customer shall indemnify and hold harmless Kannon from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against Kannon and Kannon's officers, directors, and employees for any service provided to Customer by Kannon to include web space content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
Changes in Terms of Agreement
Kannon reserves the right to make changes to the terms and conditions of this Agreement at any time to include service pricing, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has paid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
Relationship
The parties hereto are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.
Governing Law
This Agreement shall be governed by the laws of the State of Maine in the United States of America. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.
Severability
In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
Confidentiality
Customer acknowledges that any information not generally known by, or disclosed to the public, to include but not be limited to computer programs, source code, algorithms and inventions are the property of Kannon and may not be utilized or released without the express written permission of Kannon.
Interpretation
The format, words and phrases used herein shall have the meaning generally understood in the telecommunications/software/internet industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto, by placing an order telephonically, in writing and/or electronically.
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