| DTI SERVICES
TERMS OF SERVICE |
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1. Acceptance. Welcome to DTI Services, for Hosting and eBusiness.
DTI Services's products and services (collectively, the "Services")
are offered by DTI Services through web pages at the URL http://www.dtiservices.com/,
and pages linked thereto which display DTI Services's branding bars or logos.
Note: 'Virtual Hosting' Customers, Resellers and General Users
of DTI Services's Services are bound by these Terms of Service.
'Dedicated Server' and 'Colocation' Customers should refer to their formal written
agreements with DTI Services, as applicable, since these Terms of Service are
valid addenda thereto, except where inconsistent with those written agreements.
Note also: if you do not sign and return the formal written agreements to us:
(i) within seven (7) days after receipt of the formal written agreement(s), or
(ii) within seven (7) days after commencing the use of our Services without having
notified us during that seven (7) days about issues on your server(s), whichever
is later, then by your use of our Services you shall be deemed to have accepted
those formal written agreement(s) despite having not signed and returned them
to us. |
By accessing DTI Services or using any of the Services, you agree, without limitation
or qualification, to be bound by these terms of use and such other additional
terms, conditions, rules and policies which are displayed or to which you may
be directed in connection with any particular Services, as may be modified by
DTI Services from time to time (collectively the "terms of use"). DTI
Services reserves the right to modify any of these terms of use without prior
notice. Your continued use of DTI Services following these changes will constitute
your acceptance of them. If any material modifications to the Terms of Service,
are unacceptable to you, you may terminate your subscription as provided in Section
4.
Since these terms of use contain legal obligations, you should read them carefully,
and since they may be updated from time to time, you should check back periodically.
The most current version of the terms of use can be found at http://www.dtiservices.com/.
2. Privacy. For information on how user information is collected
and used by DTI Services, please consult our Privacy Policy, which forms part
of this agreement.
3. Usage Policy. DTI Services does not intend to systematically
monitor the content which is submitted to, stored on or distributed or disseminated
by you via the Services ("Customer Content"). Customer Content includes
the content of your customers and/or users of your website. Accordingly, under
these terms of use, you will be responsible for your customers' content and activities
on your website.
Notwithstanding anything to the contrary contained herein, DTI Services may immediately
take corrective action, including removal of all or a portion of the Customer
Content, disconnection or discontinuance of any and all Services, or termination
of this agreement in the event of notice of possible violation of this agreement.
In the event DTI Services takes corrective action, DTI Services shall not be liable
to refund any fees paid in advance. You hereby agree that DTI Services shall have
no liability to you or any of your customers due to any corrective action that
may thereby occur, including without limitation, the disconnection of Services.
You are required to keep your operating systems, security patches, software, and
firewalls fully updated and properly configured.
4. Term, Termination & Cancellation Policy. The initial term
of your agreement with DTI Services shall be as set forth in your Order Form (the
"Initial Term"). The Initial Term shall begin upon commencement of the
Services in the Order Form. After the Initial Term, your agreement with DTI Services
shall automatically renew for successive terms of equal length as the Initial
Term, unless terminated or cancelled by either party as provided in this section.
The Initial Term and all successive renewal periods shall be referred to, collectively,
as the "Term".
This agreement may be terminated: (i) by either party by giving the other party
seventy two (72) hours prior notice (subject to an early cancellation fee as provided
below); and (ii) by DTI Services at any time, without prior notice, if, in DTI
Services's judgment, you are in violation of any term or condition herein, or
in DTI Services's sole judgment, your use of the Services places or is likely
to place unreasonable demands upon DTI Services or could disrupt DTI Services's
business operations.
If you cancel this agreement prior to the end of the Term: (i) you shall be obligated
to pay all fees and charges accrued prior to the effectiveness of such cancellation;
(ii) DTI Services shall refund to you all pre-paid fees for basic hosting services
(shared, dedicated and/or managed) for the full months remaining after effectiveness
of cancellation (i.e., no partial month fees shall be refunded), less any setup
fees and any discount applied for prepayment; (iii) you shall be obligated to
pay one hundred percent (100%) of all charges for all Services for each month
remaining in the Term (other than basic hosting fees as provided in (ii) above);
and (iv) DTI Services shall have the right to charge you an early cancellation
fee of $25.00.
If DTI Services cancels this agreement prior to the end of the Term, DTI Services
shall not refund to you any fees paid in advance of such cancellation, and: (i)
you shall be obligated to pay all fees and charges accrued prior to the effectiveness
of such cancellation; (ii) you shall be obligated to pay one hundred percent (100%)
of all charges for all Services for each month remaining in the Term; and (iii)
DTI Services shall have the right to charge you an early cancellation fee of $25.00.
Notwithstanding anything to the contrary herein, if for any reason you decide
to cancel your agreement with DTI Services within the first thirty (30) days after
placing your initial order, DTI Services will issue you a full refund upon request.
5. Billing & Payment. All fees for the Services shall be
in accordance with DTI Services's fee schedule then in effect, the terms of which
are incorporated herein by reference, and shall be due at the times provided therein.
Fees for renewal periods after the Initial Term shall be due and owing immediately
upon the first day of such renewal period. DTI Services may impose a debt service
charge equal to one and one-half percent (1.5%) of the overdue balance (or such
lesser amount as may be required by law) for each month or fraction thereof the
overdue amount remains unpaid. In addition, in the event that any amount due DTI
Services remains unpaid twenty (20) days after such payment is due, DTI Services,
in its sole discretion, may immediately terminate this agreement, and/or withhold
or suspend Services. There will be a $50.00 (or the equivalent amount in Canadian
dollars) charge to reinstate accounts that have been suspended or terminated.
All taxes, fees and governmental charges relating to the Services provided hereunder
(other than income taxes of DTI Services) shall be paid by you.
You agree that DTI Services may pre-charge fees for the Services to the credit
card supplied by you during registration. Returned checks will be assessed a $30.00
charge. Wire transfers will be assessed a $30.00 charge.
Except as may be specifically stated to the contrary in any written agreement
between you and DTI Services, you shall be responsible to pay the amount of $0.85
for each Gigabyte of data traffic you incur in excess of your applicable monthly
usage limit.
6. Special Provisions Applicable to Resellers. DTI Services from
time to time may offer reseller programs which will permit you to resell certain
of DTI Services's products and services, and be eligible for certain discounts,
services and other promotions. A customer that participates in a reseller program
is referred to herein as a "Reseller". To be eligible to participate
in a reseller program, the Reseller may be required to meet certain requirements
as provided in such reseller program. If you are a Reseller, the terms of use
in this section (in addition to any terms or conditions contained in the reseller
program - and the rest of these Terms of Service) are applicable to you.
When you resell the Services, the purchaser of those resold services becomes your
customer (a "Reseller Customer"). A Reseller Customer is not a Customer
of DTI Services, and DTI Services will not support any Reseller Customer. Reseller
shall take all necessary measures to preclude DTI Services from being made a party
to any agreement with any Reseller Customer. As a Reseller, you are authorized
to resell the Services identified in the applicable reseller program on a non-exclusive
basis. DTI Services reserves the right to market and sell its products and services
through its own employees, other resellers and other representatives and retailers
that may compete with you. The terms of use of such other relationships may differ
from the terms of this agreement and the reseller program, and may be better.
Reseller shall be responsible for billing, and collecting payments from, Reseller
Customers. Reseller shall not withhold payments to DTI Services under this agreement
because of a failure of a Reseller Customer to make payments to Reseller. Reseller
may set the prices to be paid to it by Reseller Customers for any of the resold
Services. Reseller shall provide all support (including, without limitation, customer
support, first level support, second level support, and other technical support)
for Reseller Customers. Reseller shall pay all sales, use, transfer, privilege,
excise or other taxes and all duties, whether international, state, provincial,
or local, however designated, which are levied or imposed on DTI Services and
Reseller under this agreement and any and all transactions between Reseller and
Reseller Customers. Reseller shall not resell the Services under DTI Services's
brand name. Reseller shall be solely responsible for compliance with any regulations
governing the export of the Services (or any portion thereof). Nothing in this
agreement constitutes a license to Reseller to use or resell the Marks (as defined
below).
7. DTI Services as Reseller or Licensor. DTI Services is acting
only as a reseller or licensor of the hardware, software and equipment used in
connection with the products and/or Services that were or are manufactured or
provided by a third party ("Non-DTI Services Product"). DTI Services
shall not be responsible for any changes in the Services that cause the Non-DTI
Services Product to become obsolete, require modification or alteration, or otherwise
affect the performance of the Services. Any malfunction or manufacturer's defects
of Non-DTI Services Product either sold, licensed or provided by DTI Services
to you or purchased directly by you used in connection with the Services will
not be deemed a breach of DTI Services's obligations under this agreement. Any
rights or remedies you may have regarding the ownership, licensing, performance
or compliance of Non-DTI Services Product are limited to those rights extended
to you by the manufacturer of such Non-DTI Services Product. You are entitled
to use any Non-DTI Services Product supplied by DTI Services only in connection
with your permitted use of the Services. You shall use your best efforts to protect
and keep confidential all intellectual property provided by DTI Services to you
through any Non-DTI Services Product and shall make no attempt to copy, alter,
reverse engineer, or tamper with such intellectual property or to use it other
than in connection with the Services. You shall not resell, transfer, export or
re-export any Non-DTI Services Product, or any technical data derived therefrom,
in violation of any applicable United States, Canadian or foreign law
8. IP Address Ownership. If DTI Services assigns you an Internet
Protocol address for your use, the right to use that Internet Protocol address
shall belong only to DTI Services, and you shall have no right to use that Internet
Protocol address except as permitted by DTI Services in its sole discretion in
connection with the Services, during the term of this Agreement. DTI Services
shall maintain and control ownership of all Internet Protocol numbers and addresses
that may be assigned to you by DTI Services, and DTI Services reserves the right
to change or remove any and all such Internet Protocol numbers and addresses,
in its sole and absolute discretion.
9. Caching. You expressly: (i) grant to DTI Services a license
to cache the entirety of the Customer Content and your web site(s), including
content supplied by third parties, hosted by DTI Services under this agreement;
and (ii) agree that such caching is not an infringement of any of your intellectual
property rights or any third party's intellectual property rights.
10. CPU Usage. You agree that you shall not use excessive amounts
of CPU processing on any of DTI Services's servers. Any violation of this policy
may result in corrective action by DTI Services, including assessment of additional
charges, disconnection or discontinuance of any and all Services, or termination
of this agreement, which actions may be taken in DTI Services's sole and absolute
discretion. If DTI Services takes any corrective action under this section, you
shall not be entitled to a refund of any fees paid in advance prior to such action.
11. Bandwidth & Disk Usage. You agree that bandwidth and
disk usage shall not exceed the number of megabytes per month for the Services
ordered by you on the Order Form (the "Agreed Usage"). DTI Services
will monitor your bandwidth and disk usage. DTI Services shall have the right
to take corrective action if your bandwidth or disk usage exceeds the Agreed Usage.
Such corrective action may include the assessment of additional charges, disconnection
or discontinuance of any and all Services, or termination of this agreement, which
actions may be taken in DTI Services's sole and absolute discretion. If DTI Services
takes any corrective action under this section, you shall not be entitled to a
refund of any fees paid in advance prior to such action.
12. Property Rights. DTI Services owns all right, title and interest
in and to the Services' and DTI Services's trade names, trademarks, service marks,
inventions, copyrights, trade secrets, patents, know-how and other intellectual
property rights relating to the design, function, marketing, promotion, sale and
provision of the Services and the related hardware, software and systems ("Marks").
Nothing in this Agreement constitutes permission to you to use, license or resell
the Marks.
13. Your Conduct. In consideration of the availability, and your
use, of the Services, you agree, while visiting or using DTI Services not to knowingly
or unknowingly:
a. post, transmit, or otherwise distribute any information constituting
or encouraging conduct that would constitute a criminal offense or give rise to
civil liability including without limitation a material misrepresentation or breach
of contract, or otherwise use DTI Services or any of the Services in a manner
which is contrary to law;
b. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights
of others, including without limitation, rights relating to privacy and publicity;
c. post, transmit, or otherwise distribute any inappropriate, profane, defamatory,
infringing, confidential, or unlawful material or information;
d. post, transmit, or otherwise distribute any information or software which contains
, replicates, or distributes the data of, a virus, bot, trojan horse, worm or
other harmful or disruptive component; nor allow your machine to be operated as
a so-called "zombie" server;
e. upload, post, publish, transmit, reproduce, or otherwise distribute in any
way, information, software or other material obtained through DTI Services or
the Service, or any derivative work thereof, which is protected by copyright,
or any other intellectual property right, without obtaining permission of the
copyright owner or rightholder;
f. impersonate or falsely represent your identity or association with any person,
including a DTI Services Person or another DTI Services customer; and
g. use, reproduce, sell, re-sell or otherwise exploit DTI Services, or any of
the Services, for any commercial purposes not authorized by these terms of use.
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DTI Services's Spamming Policy: DTI Services has 'zero tolerance' for UBE/UCE
(unsolicited bulk email/unsolicited commercial email). DTI Services defines UBE/UCE
as unsolicited broadcast or commercial email that is sent to addresses that do
not affirmatively and verifiably request such material from that specific sender.
DTI Services's spamming policy is as follows:
h. DTI Services customers, and customers of DTI Services customers
or any user of bandwidth and/or services on DTI Services's network (herein described
as 'users') are prohibited from sending UBE/UCE. Users may be asked to produce
records that verify that explicit affirmative permission was obtained from a recipient
before a mailing was sent. DTI Services may consider the lack of such proof of
explicit affirmative permission to be a questionable mailing of UBE/UCE at its
sole discretion;
i. DTI Services customers are prohibited from maintaining open mail relays on
their servers. Ignorance of the presence or operation of an open mail relay is
not and will not be considered an acceptable excuse for its (the open mail relay)
operation. Multiple infractions of this policy will result in a discontinuation
of service;
j. DTI Services customers will be notified in the event that they may be hosting
sites listed as violators of the above policy. Again, failure to rectify such
situations may be cause for termination;
k. DTI Services customers are prohibited from providing hosting services for websites
that have been included in UBE/UCE. Hosting includes, but is not limited to, hosting
website(s), providing DNS services as well as website redirect services;
l. Valid complaints received by DTI Services may lead to immediate termination
or suspension of the Services. DTI Services may block traffic without prior notice
to and from the IP address involved in the UBE/UCE complaint until the problem
is resolved and preventative measures have been implemented to prevent the violation
from recurring; and
m. DTI Services reserves the right to suspend and/or cancel permanently any and
all services provided to the user without a notification. If your are in violation
of any term or condition of the Usage Policy or your use of the Services disrupts
or, in DTI Services's judgment, could disrupt, DTI Services's business operations,
DTI Services reserves the right to charge a liquidated damages fee of $500, in
addition to and without limitation of any other rights or remedies it may have.
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To report an incidence of abuse, please report it to info@dtiservices.com.
14. Web Based Communications. To the extent DTI Services may
offer webmail or other web based email or communication services (collectively
"Webmail"), these are provided on an "AS IS" basis without
representations, warranties or conditions of any kind, and you acknowledge and
agree that DTI Services shall have no responsibility for, or liability in respect
of, any aspect of the Webmail services, including without limitation for any lost
or damaged data or any acts or omissions of DTI Services.
The components and any aspects of the Webmail services, including email, information
and other data you store on the Webmail service, may be deleted by DTI Services
at any time for any reason or for no reason at all, in DTI Services's sole discretion,
with or without notice to you. DTI Services shall have no obligation to maintain
any content in your Webmail account or to forward any unread or unsent messages
to you or any third party.
You agree to comply with all applicable laws and the terms of use in using a Webmail
service and are solely responsible for all acts or omissions that occur under
your account or password. In addition to other prohibited conduct described herein,
you may not use the Webmail service to post, transmit or otherwise facilitate
the creation or distribution of chain letters, junk e-mail, spam or any duplicative
or unsolicited messages, surveys, contests or schemes. Further you may not forge
headers or otherwise manipulate any identifiers serving to disguise the origin
of any content transmitted using the Webmail service.
15. Service Modifications. You acknowledge and agree that DTI
Services reserves the right at any time to modify or discontinue any of the Services
with or without notice to you, and that DTI Services will not be responsible or
liable, directly or indirectly, to you or any other person in any way for any
loss or damage of any kind incurred as a result of, or in connection with, any
such modifications or discontinuance.
16. Your Warranties. You shall be solely responsible for the
development, operation and maintenance of your web site, online store and e-commerce
activities, for all products and services offered by you or appearing online and
for all contents and materials appearing online or on your products, including,
without limitation: (i) the accuracy and appropriateness of the Customer Content
and content and material appearing in its store or on its products; (ii) ensuring
that the Customer Content and content and materials appearing in its store or
on its products do not violate or infringe upon the rights of any person; and
(iii) ensuring that the Customer Content and the content and materials appearing
in its store or on its products are not defamatory or otherwise illegal. You shall
be solely responsible for accepting, processing and filling customer orders and
for handling customer inquiries or complaints. You shall be solely responsible
for the payment or satisfaction of any and all taxes associated with your web
site and online store.
You shall be responsible for the security and confidentiality of any customer
information (including, without limitation, customer credit card numbers) that
you may receive as a result of your web site or online store.
You represent and warrant to DTI Services that you own or have the right to use
the Customer Content and material contained therein, including all text, graphics,
sound, music, video, programming, scripts and applets, and that the use, reproduction,
distribution and transmission of the Customer Content and any information and
materials contained therein does not, and will not: (i) infringe or misappropriate
any copyright, patent, trademark, trade secret or any other proprietary right
of a third party; (ii) violate any criminal laws; or (iii) constitute false advertising,
unfair competition, defamation, an invasion of privacy, violate a right of publicity
or violate any other law or regulation. You grant DTI Services the right to reproduce,
copy, use and distribute all and any portion of the Customer Content to the extent
needed to provide and operate the Services.
17. Disclaimer of Warranty. You agree to use all Services and
any information obtained through or from DTI Services, at your own risk. You acknowledge
and agree that DTI Services exercises no control over, and accepts no responsibility
for, the content of the information passing through DTI Services's host computers,
network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER
THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF DTI Services,
ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY
INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "DTI Services
PERSON") MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT DTI Services PROVIDES.
NO DTI Services PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED
OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH
THE SERVICES. DTI Services IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY,
FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU
OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY DTI Services. NO ORAL ADVICE
OR WRITTEN INFORMATION GIVEN BY ANY DTI Services PERSON, WILL CREATE A WARRANTY;
NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section
shall survive any termination of this agreement.
18. Indemnification. You agree to indemnify, defend and hold
harmless DTI Services and its parent, subsidiary and affiliated companies, and
each of their respective officers, directors, employees, shareholders and agents
(each an "indemnified party" and, collectively, "indemnified parties")
from and against any and all claims, damages, losses, liabilities, suits, actions,
demands, proceedings (whether legal or administrative), and expenses (including,
but not limited to, reasonable attorney's fees) threatened, asserted, or filed
by a third party against any of the indemnified parties arising out of or relating
to: (i) your use of the Services; (ii) any violation by you of the terms of use;
(iii) any breach of any representation, warranty or covenant of yours contained
in this agreement; or (iv) any acts or omissions of yours. The terms of this section
shall survive any termination of this agreement.
19. Limitation of Liability. You agree that no DTI Services Person,
under any circumstances, shall be held responsible or liable for situations where
the Services are accessed by third parties through illegal or illicit means, including
situations where such data is accessed through the exploitation of security gaps,
weaknesses or flaws (whether known or unknown to DTI Services at the time) which
may exist in the Services or DTI Services's equipment used to provide the Services.
Under no circumstances, including negligence, shall any DTI Services Person be
liable for any direct, indirect, incidental, special, consequential or punitive
damages, or loss of profits, revenue, data or use by you, any of your customers,
any Reseller Customer or any other third party, whether in an action in contract
or tort or strict liability or other legal theory, even if DTI Services has been
advised of the possibility of such damages. No DTI Services Person shall be liable
to you, any of your customers, any Reseller Customer or any other third party,
for any loss or damages that result or are alleged to have resulted from the use
of or inability to use the Services, termination of the Services, alleged inadequacy
of customer support, or that results from mistakes, omissions, interruptions,
deletion of files, loss of data, errors, viruses, bots, worms, defects, delays
in operations, denial of service attack, or transmission or any failure of performance,
whether or not limited to acts of God, communications failure, theft, destruction
or unauthorized access to your records, programs, equipment or services.
Notwithstanding anything to the contrary in this agreement, DTI Services's maximum
liability under this agreement for all damages, losses, costs and causes of actions
from any and all claims (whether in contract, tort, including negligence, quasi-contract,
statutory or otherwise) shall not exceed the actual dollar amount paid by you
for the Services which gave rise to such damages, losses and causes of actions.
You understand, acknowledges and agrees that if DTI Services takes any corrective
action under this agreement because of an action of you or one of your customers
or a Reseller Customer, that corrective action may adversely affect other customers
of yours or other Reseller Customers, and you agree that DTI Services shall have
no liability to you, any of your customers or any Reseller Customer due to such
corrective action by DTI Services.
This limitation of liability reflects an informed, voluntary allocation between
the parties of the risks (known and unknown) that may exist in connection with
this agreement. The terms of this section shall survive any termination of this
agreement.
20. Force Majeure. DTI Services shall not be liable for failure
or delay in performing it obligations hereunder if such failure or delay is due
to circumstances beyond its reasonable control, including, without limitation,
acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood,
strike or other labor disturbance, interruption of or delay in transportation,
unavailability of, interruption or delay in telecommunications or third party
services (including DNS propagation), failure of third party software or hardware
or inability to obtain raw materials, supplies or power used in or equipment needed
for provision of the Services.
21. Governing Law & Arbitration. This agreement shall be
governed by and construed in accordance with California law and controlling U.S.
federal law applicable therein without regard to the conflict of law provisions
thereof. Any controversy, claim or dispute arising out of or relating to these
terms of use, your use of DTI Services or Services, or the relationship which
results from these terms of use, including without limitation, the performance,
breach, enforcement, existence or validity of the matters provided for in these
terms of use which cannot be amicably resolved, even if only one of the parties
declares that there is a difference (collectively, a "Claim"), will
be referred to and finally settled (to the exclusion of the courts) by private
and confidential binding arbitration before a single arbitrator held in Los Angeles,
California in English and governed by California law pursuant to the Arbitrations
Act (California). The arbitrator shall be a person who is legally trained and
who has experience in the information technology field in USA and is independent
of either party. Any such Claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim, controversy or dispute
of any other party. You agree to waive any right you may have to commence or participate
in any class action against DTI Services related to any Claim and, where applicable,
you also agree to opt out of any class proceedings against DTI Services. Notwithstanding
the foregoing, DTI Services reserves the right to pursue the protection of intellectual
property rights and confidential information through injunctive or other equitable
relief through the courts, and DTI Services reserves the right to join you as
a party in court proceedings that DTI Services may have to bring against persons
who are not a party to this agreement whether your liability is on a joint or
several basis with them.
22. Assignment. You shall not have the right to assign this agreement
without the prior written consent of DTI Services. This agreement shall be binding
upon and inure to the benefit of you and DTI Services and all successors, administrators,
executors and permitted assigns.
23. Entire Agreement, Severability. This agreement, together
with the Order Form and any other documents or agreements specifically identified
in this agreement, represents the entire agreement between the parties, and supercedes
all previous representations, understandings or agreements. If any provision of
this agreement shall be held to be invalid, unenforceable, or void, the remainder
of this agreement shall remain in full force and effect.
You hereby represent that if you are an individual, you are over 18 years of age,
or if you are a corporation, limited partnership or other legal entity, that you
are duly organized, validly existing and in good standing under the laws of the
jurisdiction of your organization and the individual acting on your behalf is
duly authorized to accept, execute and deliver this agreement.
24.Trademarks. All products, brands and company names and logos
used on DTI Services are the trademarks or registered trademarks of their respective
owners. Any use of any of the marks appearing on DTI Services without the express
written consent of DTI Services or the owner of the mark, as appropriate, is strictly
prohibited.
25. Submission of Ideas and/or Suggestions. UNDER NO CIRCUMSTANCES
SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO DTI
Services BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION.
BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO DTI Services,
YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION
OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO DTI Services THAT
THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU,
THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL
AND THAT DTI Services IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE
THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY DTI Services,
WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
26. Miscellaneous. This is the entire agreement between DTI Services
and you pertaining to your use of the Services and supercedes any prior agreements
between you and DTI Services with regard to this subject matter. DTI Services's
failure to insist upon or enforce strict performance of any right or provision
of this agreement shall not constitute or be construed as a waiver of any right
or provision. If any of the provisions (or parts thereof) contained herein are
determined to be void, invalid or otherwise unenforceable by a court of competent
jurisdiction, such determination shall not affect the remaining provisions (or
parts thereof) contained herein. All amounts expressed herein are in U.S. dollars,
however, DTI Services reserves the right to convert them to Canadian dollar equivalents
at prevailing exchange rates. The parties have required that this agreement and
all documents relating thereto be drawn up in English. Les parties ont demande
que cette convention ainsi que tous les documents que s'y rattachent soient rediges
en anglais.
By submitting the service order you agree to and confirm that you have read our
Terms of Service. |
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