Terms of Use
1. Scope of Services and Your Obligations
2. Limited Warranty; Limitation of Liability; Indemnification
3. Payment of Fees
4. Acceptable Use Policy
5. WebZilla's Right to Terminate Agreement
6. Cancellation of Accounts
7. Arbitration and Governing Law
8. Miscellaneous
This Web Hosting Agreement (this "Agreement") sets forth the terms and
conditions of your use of WebZilla Limited ("WebZilla Limited") for web
hosting services. You certify that you are at least 18 years of age. To become
a WebZilla Limited accountholder, you must read and agree to be bound by all
terms and conditions of this Agreement and any policies that are or may be
published by WebZilla Limited. WebZilla Limited reserves the right to deny
service to anyone. WebZilla Limited may modify the terms and conditions of
this Agreement or the prices of its services, as well as discontinue or change
the services offered. You will be bound by the modified Agreement, prices
and/or policies if you continue to use the services. Customers that have paid
in advance for services will not be affected by any price changes until their
term is up.
1. Scope of Services and Your Obligations
1.1. This Agreement defines the terms and conditions of WebZilla Limited's
services as offered by WebZilla Limited and used by you, including the
provision of web hosting services on WebZilla Limited's dedicated servers and
connectivity to the Internet (the "Services"). WebZilla Limited will provide
the Services for the amount of server storage space selected in exchange for
payment of fees and full compliance with the terms and conditions of this
Agreement. In performing the Services, WebZilla Limited maintains control and
ownership of any and all Internet protocol ("IP") numbers and addresses that
may be assigned to you and reserves the right to change or remove any and all
IP numbers and addresses at its sole discretion.
1.2. You are responsible for producing, electronically uploading and
maintaining HTML files, execution scripts, applets and applications (the
"Upload Materials") to your website, and you hereby warrant that all Upload
Materials shall be owned or properly licensed by you and shall not adversely
impact the Services or violate any rights of any third parties. You are
responsible for ensuring that all Upload Materials will function properly and
as intended. You are responsible for all activity originating from your
website, unless proven to be a victim of outside hacking or address forgery.
You assume responsibility for all material on your website that may be put on
by a third party (such as the usage of Free For All links pages). Use of the
Services requires a certain level of knowledge in the use of Internet
languages, protocols, and software, which can vary depending on your
anticipated use and desired content of your website, and includes, but is not
limited to, the following: web publishing requires knowledge of HTML, properly
locating and linking documents, FTPing web contents, graphics, text, sound,
image mapping, etc.; FrontPage web publishing requires knowledge of the
FrontPage tools as well as Telnet and FTP understanding and capability;
CGI-scripts requires knowledge of the UNIX environment, tar & gunzip commands,
Perl, CShell scripts, .htaccess, .htpasswd, permissions, etc.; and mail
requires knowledge of use of mail clients to receive and send mail, etc. You
acknowledge that you have the necessary knowledge to create, modify and
maintain your website. WebZilla Limited assumes no responsibility to provide
you with such knowledge. WebZilla Limited is unable to review or analyze your
code/files/data. If you wish WebZilla Limited to analyze any of your
code/files/data then WebZilla Limited may charge you at the current
development/consulting rate. WebZilla Limited, as a courtesy, may review
code/files/data at no charge to WebZilla Limited Tier 1 customers.
1.3. In connection with the Services, WebZilla Limited may provide for your
use certain tools and software, including, but not limited to, certain
specialty scripting software and/or certain programming language software for
server management.
1.4. During the period that WebZilla Limited provides the Services to you, you
hereby grant to WebZilla Limited a nonexclusive, royalty-free, worldwide right
and license to digitally display and host your website and its content, and to
use its trademarks, service marks, trade names, logos and other commercial or
product/service designations in connection with the website and such Services.
1.5. For server restoration purposes only, WebZilla Limited makes back-ups of
websites nightly; however, WebZilla Limited makes no guarantees of any kind,
either expressed or implied, as to the integrity of these back-ups. You are
responsible to maintain local copies of your website / data. If loss of data
occurs due to an error of WebZilla Limited, WebZilla Limited will attempt to
recover the data for no charge. Otherwise, WebZilla Limited will attempt to
recover the data from the most recent archive for a $50 fee. If WebZilla
Limited is unable to recover your website / data then you will need to restore
from your local copy / back-up.
1.6. WebZilla Limited reserves the right to monitor its systems electronically
and to access and disclose any information as permitted or required by any law,
regulation or other governmental request to operate its systems properly, to
protect itself or its accountholders or for any other reason it in good faith
deems necessary. WebZilla Limited will fully cooperate with law enforcement
authorities in investigating suspected lawbreakers and reserves the right to
report to law enforcement any suspected illegal activity it becomes aware of.
It is not WebZilla Limited's intention that its Services or facilities be used
in contravention of the Communications Decency Act of 1996 (the "CDA") or any
other applicable law.
1.7. You agree to comply with the requirements of the CDA and the Digital
Millennium Copyright Act (the "DMCA") and acknowledge that WebZilla Limited is
a "service provider" under the DMCA and is therefore immune from liability
under the DMCA, including 17 U.S.C. A§ 512. Consistent with the DMCA, WebZilla
Limited will accommodate standard technical measures used to identify and
protect copyrighted works, and, as further described herein, WebZilla Limited
has a policy of terminating accountholders who are repeat copyright infringers.
1.8. Websites are unmodified forums containing the personal opinions and other
expressions of the persons who post entries on a wide range of topics. Neither
the content of websites located on WebZilla Limited's servers nor the links to
other websites are screened, approved, reviewed or endorsed by WebZilla
Limited. WebZilla Limited is not a publisher of any of the content of
websites, or of any content that may be available through the links to and from
them, and is acting solely as an Internet web-hosting service provider. The
text and other material on such websites are the opinion of the specific author
and are not WebZilla Limited's statements of advice, opinion or information.
1.9 WebZilla Limited charges over bandwidth for accounts that go over their
allocated package amount. Over bandwidth charges are billed at the 1st of every
month at the individual rates via 95% method.
2. Limited Warranty; Limitation of Liability; Indemnification
2.1. Limited Warranty. You acknowledge that the Services are provided "as is."
Neither WebZilla Limited, nor any of its employees or agents, warrants that
the Services will be uninterrupted, error free or free from viruses or other
harmful components. WebZilla Limited is not responsible for and hereby
disclaims any warranties, either expressed or implied, regarding the quality,
accuracy, or validity of the data and/or completeness, noninfringement,
merchantability or fitness for a particular purpose of information available on
its SERVERS or residing on or passing through its interconnecting networks. Use
of information obtained from or through the Services is at your risk. Under no
circumstances will WebZilla Limited be liable to you or any other person for
any loss or damage caused by your reliance on information available on its
servers or obtained through the Services.
2.2. Limitation of Liability: You acknowledge that you are not in any way
associated with WebZilla Limited and that the contents of your website or
service provided to your customers are and will be exclusively supplied,
provided and edited by you and that you are not associated to WebZilla Limited
that is merely is a hosting company that will not be providing you with any
editing or inspection services. IN NO EVENT SHALL WebZilla Limited BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION
OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING
OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE
WebZilla Limited'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF
WebZilla Limited'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WebZilla Limited
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
WebZilla Limited'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO
WebZilla Limited FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE
EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, WebZilla Limited'S LIABILITY IS LIMITED
TO THE EXTENT PERMITTED BY LAW.
2.3. Indemnification. You agree to indemnify, defend and hold WebZilla Limited
and its affiliates, directors, officers, employees and agents harmless from and
against any liabilities, losses, damages or costs, including reasonable
attorneys' fees, resulting from any third-party claim, action, dispute or
demand related to your use of the Services, your violation of any of the
provisions of this Agreement or from your placement or transmission of any
materials or content onto WebZilla Limited's servers. Such liabilities may
include, but are not limited to, those arising from the following: (a) with
respect to your business, (i) infringement or misappropriation of any
intellectual property rights; (ii) defamation, libel, slander, obscenity,
pornography, or violation of the rights of privacy or publicity; or (iii)
spamming, or any other offensive, harassing or illegal conduct or violation of
the acceptable uses described herein or anti-spam policy; (b) any damage or
destruction to WebZilla Limited's equipment or to any other accountholder,
which damage is caused by or otherwise results from acts or omissions by you,
your representative(s) or your designees; (c) any personal injury or property
damage arising out of your activities related to the Services, unless such
injury or property damage is caused solely by WebZilla Limited's gross
negligence or willful misconduct; and (d) any other damage arising from your
equipment or your business.
3. Payment of Fees.
Fees are due either monthly or annually in advance of service. You will receive
an invoice by email each month on the 1st of the month your service originally
commenced for the forthcoming month's service, this is your monthly billing
date. Webhosting payments are not refundable and can not be canceled after
purchase.
3.1. WebZilla Limited will sent sent a notice of fee increases 30 days before
such increases take effect via e-mail.
3.2. You agree to provide WebZilla Limited with accurate and complete billing
information, including your legal name, address, telephone number, e-mail
address and applicable payment date and to update this information immediately
if any change occurs. Payments must be submitted in advance of receiving the
Services.
3.3. You acknowledge that WebZilla Limited will bill your credit card prior to
the Payment Interval you have chosen. You authorize automatic billing by
WebZilla Limited on an on-going basis during the term of this Agreement.
3.4. WebZilla Limited will charge a $15 service charge per credit card
chargeback transaction and a $25 service charge per returned check.
3.5. Delinquent accounts are those that remain unpaid at the beginning of the
next Payment Interval. The Services will be suspended if your account is
delinquent. Notwithstanding any other rights WebZilla Limited may have in this
Agreement, all of your website contents will be destroyed if your account is
delinquent for 60 days. WebZilla Limited accounts continue to accrue charges
while they are delinquent or if the Services are suspended.
3.6. You acknowledge responsibility for your account until payment in full is
made.
4. Acceptable Use Policy
4.1. Use and Misuse of the Services. All complaints of abuse, violation and
misuse of the Services, whether described in this Section 4 or otherwise, shall
be investigated promptly. If you are not sure if your actions will be an abuse,
violation or misuse, please ask first: abuse@WebZilla.com
You are responsible for all use of your website, with or without your knowledge
or consent.
You agree to use the Services only for lawful purposes, in compliance with all
applicable laws. Illegality includes, but is not limited to, drug dealing;
attempting without authorization to access a computer system; pirating
(distributing copyrighted material in violation of copyright law, specifically
MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud;
trafficking in obscene material; sending a message or having content that is
obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse,
threaten, or harass another person; threatening bodily harm or damage to
individuals or groups; violating any export restrictions; stalking; or
violating other laws. Linking to illegal material is also prohibited.
When WebZilla Limited becomes aware of possible violations of this Agreement,
WebZilla Limited may initiate an investigation that may include gathering
information from you and the complaining party, if any, and examination of
material on WebZilla Limited's servers. WebZilla Limited is willing to
consider at their own volition complaints sent at a designated-mail address or
sent in writing to the appropriate address, that appear to be genuine and
meritorious but any such complaint may be prejudiced if does not contain the
name, the address, the telephone number and an appropriate e-mail address of
the complainant. The above private information of the complainant shall be
considered confidential and shall not be disclosed to the anyone except the
appropriate authorities conducting an investigation and the employees of
WebZilla who might reasonable need access to this information. Any person
submitting a false complaint or complaints that fails to meet a reasonable
standard or accuracy or misleading information, shall be liable to indemnify
WebZilla for any damades caused in result or reliance on such complaint or
information.
WebZilla Limited, in its sole discretion, will determine what action will be
taken in response to a violation on a case-by-case basis. Violations of this
Agreement could subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD WebZilla Limited
HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY WebZilla Limited AS
PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A
RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS
MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM WebZilla
Limited AS A RESULT OF WebZilla Limited'S DECISION TO REMOVE MATERIAL FROM ITS
SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION
DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF WebZilla
Limited'S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL
VIOLATIONS DESCRIBED IN THIS AGREEMENT.
4.2. Use and Misuse of Materials. Materials in the public domain (e.g., images,
text, and programs) may be downloaded or uploaded using the Services. You may
also re-distribute materials in the public domain. You assume all risks
regarding the determination of whether the material is in the public domain.
You are prohibited from storing, distributing or transmitting any unlawful
material through the Services. Examples of prohibited material include, but are
not limited to:
- Threats of physical harm, excessively violent, incites violence, threatens
violence, or contains harassing content or hate speech;
- Copyrighted, trademarked and other proprietary material used without proper
authorization. Intended to assist others in defeating technical copyright
protections, Clearly infringes on another persons trade or service mark,
patent, or other property right;
- Unfair or deceptive under the consumer protection laws of any jurisdiction,
including chain letters and pyramid schemes;
- Defamatory or violates a person's privacy;
- Creates a risk to a persons safety or health, creates a risk to public safety
or health, compromises national security, or interferes with a investigation by
law enforcement;
- Improperly exposes trade secrets or other confidential or proprietary
information of another person;
- Promotes illegal drugs, violates export control laws, relates to illegal
gambling, or illegal arms trafficking;
- Promote terrorism and any kind of ethnic, social or religious discord;
- Constitutes, fosters, or promotes child pornography. Marketing the site
utilizing content including “Kids”, "Lolita", "Pedo", "Peta”, “Peto”,
Pre-teen", ”Pedophile”, “Underage”, “Child” or any other words, images, or
descriptions that would lead someone to believe that the models are less than
18 years of age is not permitted anywhere on venue including the URL and meta
tags;
- The posting or display of any image or wording depicting or related to
incest, snuff, scat or the elimination of any bodily waste on another person,
mutilation, or rape anywhere on the site, including the URL and meta tags.
- The posting or display of any image or wording depicting or related to
bestiality anywhere on the site. including the URL and meta tags.
- Otherwise illegal or solicits conduct that is illegal under laws applicable
to you or to WebZilla;
- Otherwise malicious, fraudulent, or may result in retaliation against
WebZilla by offended viewers;
Unacceptable uses of website content also include the presence of the following
programs or the activities associated with them, regardless of whether or not
any actual intrusion results in the corruption or loss of data: server
broadcast messages or any message sent on an intrusive basis to any directly or
indirectly attached network; attempts to circumvent any user authentication or
security of host, network, or account; accessing data not intended for user;
probing the security of any network; spawning dozens of processes; port scans,
ping floods, packet spoofing, and forging router information; denial of service
attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and
teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.
WebZilla Limited supports free speech on the Internet and will not suspend or
cancel your account simply because it disagrees with your views expressed at
your website. However, examples of unacceptable activities include posting
private information about a person without his or her consent, defaming a
person or business, and knowingly making available code that will have a
deleterious effect on third-party computers. Where there are allegations that
your on-line activity has violated the legal rights of a third party, WebZilla
Limited will not substitute itself for a court of law in deciding tort claims
raised by the third party.
4.3. Email Use. Bulk or Commercial E-Mail.
You must comply with the CAN-SPAM Act of 2003 and other laws and regulations
applicable to bulk or commercial e-mail. In addition, you must obtain
WebZilla's advance approval for any bulk e-mail, which will not be given
unless you are able to demonstrate all of the following to WebZilla's
reasonable satisfaction:
- Your intended recipients have given their consent to receive e-mail via some
affirmative means, such as an opt-in procedure;
- Your procedures for soliciting consent include reasonable means to ensure
that the person giving consent is the owner of the e-mail address for which the
consent is given;
- You retain evidence of the recipientOs consent in a form that may be promptly
produced on request, and you honor recipient's and WebZilla's requests to
produce consent evidence within 72 hours of receipt of the request;
- You have procedures in place that allow a recipient to easily revoke their
consent - such as a link in the body of the e-mail, or instructions to reply
with the word "Remove" in the subject line. Revocations of consent are honored
within 72 hours, and you notify recipients that their revocation of their
consent will be honored in 72 hours;
- You must post an e-mail address for complaints (such as abuse@yourdoman.com)
in a conspicuous place on any Web site associated with the e-mail, you must
register that address at abuse.net, and you must promptly respond to messages
sent to that address;
- You must have a Privacy Policy posted for each domain associated with the
mailing;
- You have the means to track anonymous complaints;
- You may not obscure the source of your e-mail in any manner. Your e-mail must
include the recipients e-mail address in the body of the message or in the "TO"
line of the e-mail; These policies apply to messages sent using your WebZilla
service, or to messages sent from any network by you or any person on your
behalf that directly or indirectly refer the recipient to a site or an e-mail
address hosted via your WebZilla service. In addition, you may not use a third
party e-mail service that does not practice similar procedures for all its
customers. WebZilla may test and otherwise monitor your compliance with its
requirements, and may block the transmission of e-mail that violates these
provisions.
You may not use WebZilla Limited mail services, servers or components to send
out mail from other sites or services that are not hosted with WebZilla
Limited. You may not use WebZilla Limited mail services, servers or components
to send out mail advertisements for other sites not pertaining to the website
you are hosting with WebZilla Limited.
4.4. System Security. You are prohibited from utilizing the Services to
compromise the security of system resources or accounts on servers at WebZilla
Limited or at any other site. Use or distribution of tools designed for
compromising security or containing viruses or trojans are prohibited. Examples
of these tools include, but are not limited to, password guessing programs,
cracking tools or network probing tools.
If you are involved in violations of system security, WebZilla Limited
reserves the right to release all usernames of users involved in such
violations to system administrators at other sites in order to assist them in
resolving security incidents. WebZilla Limited will also fully cooperate with
law enforcement authorities in investigating suspected lawbreakers.
4.5. System Resources. System abuse includes any use of WebZilla Limited
resources that disrupts the normal use of its servers or services for others.
Examples of system abuse include running excessive numbers of processes or
consuming excessive amounts of CPU time, memory or disk space.
4.6. 99,9% UPTIME GUARANTEE
WebZilla endeavors to have the content of your Web site available for http
access by third parties 99,9% of the time ("Web Site Availability").
In the event that there is no Web Site Availability, WebZilla will credit the
following month's service fee as follows.
Customer Web Site Availability Credit:
99,8% to 99.89% - 5%
95% to 99.8% - 25%
90% to 94.9% - 50%
89.9% or below - 100%
For Dedicated Hosting services, if the Web Site Availability is between 98.9%
and 99.9% for any particular month, the credit will be retroactive and
equivalent to the difference between the guaranteed level of availability of
the customer's services during the month and the calculated actual level of
availability of the customer's services, multiplied by the actual charges
incurred by the customer for the services during that month period. In
addition, for Dedicated Hosting services, customers may be entitled to
additional credits as calculated below and as measured 24-hours a day in a
calendar month, with the maximum credit not to exceed fifty percent (50%) of
the monthly service charge for the affected month.
In order for you to receive a credit on your account, you must request such
credit within seven (7) business days after you experienced no Web Site
Availability. You must request credit by sending an electronic mail message to
support@WebZilla.com. For security, the body of this message must contain your
server ID, the dates and times of the unavailability of your Web site, and such
other customer identification requested by WebZilla. Credits will usually be
applied within sixty (60) days of your credit request. Credit to your account
will be your sole and exclusive remedy in the event that there is no Web Site
Availability.
Credits will not be provided to you in the event that you have no Web Site
Availability resulting from:
- scheduled maintenance as posted from time to time at WebZilla.com,
- your behavior or the performance or failure of your equipment, facilities or
applications, or
- circumstances beyond WebZilla's 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 your Web site.
5. WebZilla's Right to Terminate Agreement
(a) WebZilla Limited reserves the right to suspend or terminate the Services
to you and remove or prevent access to any material from your website at any
time, without prior notice or liability, for any conduct that WebZilla
Limited, in its sole discretion, believes violates this Agreement or is
otherwise harmful to WebZilla Limited's interests or the interests of other
accountholders.
(b) WebZilla Limited also reserves the right to comply with the take-down
provisions of the DMCA and to seek injunctive, declaratory, interpleader or
other judicial or equitable relief (and, pending such action, to suspend all
access to your website) if any third-party claim is made that your website
content or use violates any of the acceptable uses or your obligations or
representations described in this Agreement.
6. Cancellation of Accounts
6.1. You may cancel your WebZilla Limited account by visiting WebZilla
Website. Charges for canceling accounts are not prorated on a monthly basis. No
refunds are given on any accounts that are pre-paid in advance unless they are
canceled within the first 30 days of when the account was established. The 30
day guarantee does not apply to reseller accounts.
6.2. All WebZilla Limited accounts must be paid in full before the
cancellation will be considered complete.
6.3 When canceling an account, cancellations take effect immediately and do not
continue for the amount of your term left on your account. WebZilla Limited
does not give refunds on the remaining term left on an account that was
canceled after the charges have been billed. WebZilla Limited will send out an
invoice via e-mail 5 days prior to billing. Customer must inform WebZilla
Limited of cancellation prior to the new billing date. Any charges that
incurred after the billing date and cancellation are non-refundable. It is
customer's responsibility to make sure that WebZilla Limited has accurate
e-mail address / billing information on file for the invoices to reach you.
6.4. If your account is suspended or terminated for any reason permitted by
this Agreement, WebZilla Limited may, at its sole discretion, permanently
delete your website contents from WebZilla Limited servers, and WebZilla
Limited will not be able to reopen or restore such content. If your account has
been canceled or suspended due to a violation of our Terms and Conditions and
Acceptable use policy no refunds will be given on any pre-paid term.
7. Arbitration and Governing Law
7.1. Except for WebZilla Limited's compliance with take-down provisions of the
DMCA or injunctive or other equitable actions initiated by WebZilla Limited
pursuant to Section 5(b), if any controversy or dispute arises in connection
with this Agreement, the Services or your use of WebZilla Limited's servers,
such controversy or dispute shall first be presented for resolution by
WebZilla Limited and you. If no resolution is reached within 7 days
thereafter, then such controversy or dispute shall be resolved by binding
arbitration in Limassol, Cyprus, under the then-current rules of commercial
arbitration. Each party shall select an arbitrator with expertise in computer
law and the Internet, and these two arbitrators shall select the third
arbitrator with such expertise. The validity, terms, performance and
enforcement of this Agreement shall be governed and construed by its provisions
and in accordance with the laws of the Republic of Cyprus and International
Laws. (without regard to conflicts of laws principles).
7.2 You hereby irrevocably and unconditionally consent to submit to the
exclusive jurisdiction of court located in Limassol, Cyprus, for any action,
suit or proceeding arising out of or relating to Section 5(b) of this Agreement
and the arbitration contemplated by this Section 7.
8. Miscellaneous
You may not assign your rights and obligations under this Agreement without the
prior written consent of WebZilla Limited, which may be withheld at WebZilla
Limited's discretion. Nothing contained in this Agreement shall be construed as
creating any agency, partnership, or other form of joint enterprise between the
parties. The failure of WebZilla Limited to require your performance of any
provision hereof shall not affect the right to require such performance
thereafter; nor shall the waiver by WebZilla Limited of a breach of any
provision hereof be taken or held to be a waiver of the provision itself. Any
action for any claim arising under, or in connection with, this Agreement must
be commenced by you within one year after the alleged cause of action has
accrued or after the date of termination of this Agreement, whichever is
earlier. In the event that any provision of this Agreement is deemed
unenforceable or invalid, such unenforceability or invalidity shall not affect
the remainder of this Agreement. Such provision may be amended or replaced with
one that is valid and enforceable and which achieves, to the extent possible,
the original objectives and intent of the parties as reflected in the original
provision. No provision of this Agreement may be amended or modified by you
except by means of a written document signed or expressly assented to by
WebZilla Limited. All terms and conditions of this Agreement that should by
their nature survive termination of this Agreement shall so survive. This
Agreement and the Online Order form, together with all amendments or
modifications to any of them, constitute the complete and exclusive agreement
between you and WebZilla Limited and supersede and govern all prior proposals,
agreements, or other communications.
