This Patriot Plan Agreement ("Agreement") is entered into by you and between Intertune, Inc, a Delaware corporation (“Host”) and you (“Client”), and is made effective as of the date of your use of this website or the date of electronic acceptance. This is an addendum to the Web Hosting Agreement (https://www.intertune.com/web_hosting_agreement.html) governing your account. The Host and the Client shall be collectively referred to as the Parties. Under this Agreement, the Host will provide Web Site Maintenance and related services to Client. The parties agree as follows:
By accepting this Agreement and using Host's Website Hosting Services ("Services"), Client agrees to be bound by all the terms and conditions of this Agreement.
Host agrees to provide web maintenance services to client in addition to standard web hosting services. Web maintenance services include routine web site text updates excluding any graphical work and any coding beyond standard HTML.
The initial term of this Agreement shall commence on the date of execution of this Agreement and shall continue through the remainder of the calendar month in which this Agreement was executed (the "Initial Term"). After the initial term, this Agreement shall be automatically renewed for successive monthly periods until terminated by one of the parties as provided in this agreement.
(a) Client may terminate this Agreement at any time, for any reason, by logging into account at Host and canceling all related subscriptions. In the event of a cancellation, Host will not refund amounts already billed for the current billing period in which Client terminates the Agreement.
(b) Host may terminate this Agreement at any time, for any reason, by providing written or e-mail notice of termination to Client's primary website e-mail contact address no less than 7 days prior to the service termination.
(a) Client agrees to pay Host an amount equal to the subscriptions and terms for active services in Client’s subscriptions page. Host reserves the right to change or modify its charges for Client's plan from time to time on 7 days notice written or e-mailed to Client. Client's continued use of Host's services after receipt of such a notice shall constitute Client's acceptance of and Agreement to be bound by the Host's modified charges for its services. Additional charges for add-on services not included in Client's plan will be made as mutually agreed upon.
(b) Service charges are payable in advance on a monthly basis. Host will invoice Client at the beginning of each payment period. Host will submit all invoices to Client by e-mail. Payment is due immediately upon receipt of invoice by auto-charge of Client credit card or other online payment method as selected by Client.
(c) Client agrees to be billed for all recurring and one-time charges, including late charges, for any Services ordered by Client and any fees owed to Host.
(a) Client expressly agrees that use of Services provided by Host is at Client's sole risk.
(b) Host, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that their services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of their services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through their services, unless otherwise expressly stated in this Agreement.
(c) Host, its officers, agents, or anyone else involved in providing services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to Host's records, programs, or services.
(d) Host makes no warranties or representations of any kind, express or implied, for the services it is providing. Host also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays or non-deliveries.
Client agrees to defend, indemnify, and hold Host harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees, asserted against Host, its agents, servants, officers, and employees, that may arise or result from any Service provided or performed or agreed to be performed or any product sold by Client, Client's agents, employees, or assigns. Client further agrees to defend, indemnify, and hold harmless Host against liabilities arising out of:
(a) Any liability to Host arising by virtue of any use of Host's services by Client for any unlawful purpose, or in violation of any valid federal, state, or local law or regulation governing use of e-mail or the Internet;
(b) Any injury to person or property caused by any products sold or otherwise distributed in connection with Services provided to Client;
(c) Any material supplied by Client infringing or allegedly infringing on the property or proprietary rights of a third party;
(d) Copyright or trademark infringement by Client, or violation by Client of intellectual property rights of any other party; and
(e) Any defective product which Client sold or distributed by means of Services. Client agrees that the liability limit of Host shall in no event be greater than the aggregate dollar amount which Client paid during the terms of this Agreement, including any reasonable attorneys' fees and court costs.
If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.
This Agreement has been entered into in the State of California, and its validity, construction, interpretation and legal effect shall be governed by the laws of that state applicable to contracts entered into and performed entirely within that state. Further, the place of performance and transaction of business shall be deemed to be in the County of San Diego, State of California, and in the event of litigation, the exclusive venue and place of jurisdiction shall be the state courts located in San Diego, California, or federal courts located in San Diego, California, as applicable. The parties hereby submit themselves to the personal jurisdiction and venue of such courts. In any dispute related to this Agreement or the Services, the parties irrevocably waive any right they may have to a jury trial, and such waiver is a material inducement to Intertune entering into this Agreement and providing the Services. In any dispute regarding the enforcement of this Agreement, the prevailing party shall be entitled to recover all costs and fees, including attorneys' fees, incurred by such prevailing party in enforcing the terms of this Agreement. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement must be filed within one (1) month after such claim or cause of action arises.
In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid provision(s) had never been contained in this Agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
No waiver by Host of any breach by Client of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly set forth in such writing.
This Agreement along with the Web Hosting Agreement (https://www.intertune.com/web_hosting_agreement.html) shall constitute the entire agreement between Client and Host, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.