This Agreement is between Perfect International, Inc. and YOU (hereinafter the subscriber shall be referenced by .You. or .Your.) for Perfect International, Inc.'s dedicated server service (.Service.). YOUR USE OF THE SERVICE INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICE.
II. ACCOUNT REQUIREMENTS
You represent and warrant to Perfect International, Inc. that You are the individual who is legally accountable for any and all use of this account and are at least 18 years of age and thus have legal authority to enter into this Agreement. Upon subscription to the Service, You agree to provide Perfect International, Inc. with Your full legal name, postal address, telephone number and an email address that is not hosted through Perfect International, Inc. for our records, and You acknowledge that You have a continued obligation to keep this information current and accurate. You must immediately notify Perfect International, Inc. of any and all changes to Your contact information. You must provide Perfect International, Inc. with a valid credit card, debit card, or other Perfect International, Inc. approved payment methods for the Service. You also agree that You are an authorized user of any credit card that You supply to Perfect International, Inc., and You understand and agree that Perfect International, Inc. has an obligation to fully investigate any possible fraudulent credit card use.
III. TERMS OF PAYMENT
(a) You agree to pay Perfect International, Inc. appropriate payment for the Service in advance of the time period (.Period.) during which the Service is provided. Appropriate payment will be determined solely and exclusively by Perfect International, Inc. You agree that any and all prepayments will be billed and charged automatically, and that Perfect International, Inc. may apply the amount due to the provided card or other Perfect International, Inc. authorized payment method on Your account at any time. Any account for which payment is declined for any reason is subject to a service fee. If payment for the Service is not received by 09:00 AM PST first business day of the Period, the Service may be immediately discontinued. However, this does not constitute an obligation for Perfect International, Inc. to discontinue any delinquent account. Perfect International, Inc. does not and will not assume any such obligation. A reactivation fee may be required to reactivate any previously discontinued account. You agree that Perfect International, Inc. has the authority to determine, on an individual basis, the amount of the aforementioned fees.
(b) You agree to provide Perfect International, Inc. with current billing and contact information, and you authorize Perfect International, Inc. to bill all account and related charges to the credit card or other Perfect International, Inc. authorized payment method on file. Furthermore, you understand that unless You notify Perfect International, Inc. of your desire to cancel the Service, and you complete the cancellation process outlined in this Agreement, any and all services will be billed and/or charged on a recurring basis to Your account. In order for the account to be cancelled, any remaining balance must be paid in full at the time of cancellation.
(c) Each account has strict resource quotas; it is Your responsibility to monitor usage and strictly adhere to such quotas. Perfect International, Inc. may at time, but has no obligation to, monitor and enforce the resource quotas. Any quota excess incurred will be automatically charged to Your account on a pro-rated basis.
(d) Except as stated herein, Perfect International, Inc. or DASH NET offers absolutely no refunds under any circumstances. Perfect International, Inc. or DASH NET reserves the right to change any of the features, content, applications, or prices of the Service at any time, with or without notice to You. Current Service prices and features may be obtained by visiting the Perfect International, Inc. website.www.perfectip.net.or by calling (877) 717-8080.
(a) You are solely and exclusively responsible for any and all content on your server including, but not limited to your messages and your website and the consequences thereof. Perfect International, Inc. guarantees your hardware and network uptime; you are responsible for all other matters including, but not limited to software, applications, configurations and settings of your server. You agree not to perform any actions that would either intentionally or unintentionally restrict or inhibit any other user from using and enjoying the Internet. You further agree not to use Perfect International, Inc. to post any content or send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or may constitute a criminal offense, give rise to civil liability or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or court order.
(b) The following services, content, and/or actions are not allowed on Perfect International, Inc. servers:
-. Software that interfaces with an IRC (Internet Relay Chat) network.
-. Unauthorized or illegal software, movie, or sound recordings in violation of copyright law, including but not limited to the DMCA
- Unauthorized installation of Windows OS without Perfect International, Inc.'s Windows license.
-. Any and all software used for or related to Cyber Crime, including but not limited to Computer intrusion (i.e. hacking) and Password trafficking
-. Counterfeiting of either copyrighted trademarks or currency
-. Child Pornography or Exploitation
-. Child Exploitation and Internet Fraud matters that have a mail nexus
-. Internet fraud and SPAM
-. Opt-in or opt-out
-. Internet harassment
-. Internet bomb threats
-. Trafficking in explosive or incendiary devices or firearms over the Internet
-. Theft of trade secrets
-. Distributed/Denial attack Of Services (D/DoS) - any D/DoS activity, including incoming or outgoing attacks.
(c) As a condition of your use of the Service, you warrant to Perfect International, Inc. that You will not use Perfect International, Inc. services for any unlawful purpose.
(d) You agree to strictly abide by all applicable local, state, national and international laws and regulations regarding your use of the Service. You are responsible for your awareness of, knowledge of, and adherence to said laws and regulations regarding the Service.
(e) You agree not to interfere with the operation of either Your Perfect International, Inc. server or any other server property of Perfect International, Inc. (the .System.). You further agree not to interfere with the proper operation of other Systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Perfect International, Inc., including restrictions the Service available with each Service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Perfect International, Inc. policy decisions. Failure to observe these policies may include suspension or termination of your account without notice and/or refund.
(f) Any compromised server in our network will be disconnected immediately and a notification will be sent to You. Lacking a response within 24 hours of said notification, Perfect International, Inc. may immediately terminate this Agreement, Your Service, and Your access to any or all Perfect International, Inc.-related services, and without any refund of any kind, including but not limited to refunds for pre-paid services. You agree to restrict your use of IP addresses to those assigned by Perfect International, Inc. Perfect International, Inc. reserves the right to terminate Your account without prior notice if Perfect International, Inc. becomes aware of and determines, in its sole discretion, that You have violated any of the foregoing guidelines.
(g) YOU ARE RESPONSIBLE AT ALL TIMES FOR KEEPING A COPY OF YOUR FILES AS A BACKUP AT A SECURE LOCATION. Perfect International, Inc. is not responsible for any lost files, information or data, including but not limited to such losses that are a direct result of Perfect International, Inc..s negligence.
V. SPAM POLICY
Perfect International, Inc. has a zero tolerance policy against the sending of unsolicited email, more commonly known as spam. The account(s) of any user who sends spam will be terminated without notice, and the account holder will be billed at a rate of $200 per recipient to whom the message was sent, regardless of whether the messages were sent from a Perfect International, Inc. server or from another server advertising a site hosted on Perfect International, Inc. servers.
VI. MONITORING OF SERVICE AND DISCLOSURE OF INFORMATION
(a) You agree that Perfect International, Inc. has the right to electronically monitor the Service periodically and to disclose any information, as Perfect International, INC. deems necessary and proper to satisfy the law, or to protect itself or its subscribers. Perfect International, Inc. reserves the right to remove or to refuse to host any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable or in violation of this Agreement. Furthermore, Perfect International, Inc. reserves the right to monitor any and all communications through or with the System. You agree that Perfect International, Inc. is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
(b) Perfect International cooperates fully with federal and state enforcement officials investigating any and all alleged unlawful behavior on Perfect International. services, and subscribers are required to do the same. You acknowledge and agree that Perfect International may disclose any and all electronic data (.Content.) on the System if required to do so by law or in the good faith believe such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce this Agreement; (3) respond to claims that any Content violates the rights of third-parties; or (4) protect the rights, property, or personal safety of Perfect International, its users, and the public.
(c) Personally identifiable information that Perfect International maintains related to its subscribers will be disclosed by Perfect International without the prior written or electronic consent of subscribers only if (1) it is necessary to conduct a legitimate business related to the Service (2) such disclosure is required by law or legal process. Federal law requires Perfect International to disclose personally identifiable information to a governmental entity or third party pursuant to a court order or subpoena. Perfect International reserves the right to disclose any information in its possession to protect its rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril.
VII. TERMS OF TERMINATION
(a) Perfect International, Inc. may terminate this Agreement, Your Service, and Your access to any or all Perfect International, Inc.-related services at any time, with or without cause, effective immediately, and without any refund of any kind, including but not limited to refunds for pre-paid services. Perfect International, Inc. shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Any outstanding amount due on the account will still be payable and will be immediately due.
(b) You may terminate this Agreement at any time by contacting the support department at Perfect International, Inc., which will then provide You with a form that must be completed in full and returned to confirm cancellation. No refund shall be issued. Perfect International, Inc. must receive all completed and correct termination requests, in writing, at least 10 days in advance of contract renewal date. Account to be cancelled must be paid in full at the time of cancellation.
(c) All plans automatically renew every period, unless cancellation is requested in writing at least 10 days before renewal time.
VIII. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
ANY AND ALL Perfect International, Inc. SERVICES PROVIDED TO YOU ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Perfect International, Inc. EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE Perfect International, Inc. SERVICE WILL BE FREE OF ERRORS, PROMPT, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Perfect International, Inc., ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY OR REVISE THIS DISCLAIMER; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES WHATSOEVER, INCLUDING NEGLIGENCE, WILL Perfect International, Inc., OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM EITHER THE USE OF OR THE INABILITY TO USE ANY AND ALL Perfect International, Inc. SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON ANY Perfect International, Inc. SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, 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 Perfect International, Inc. RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT Perfect International, Inc. IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM Perfect International, Inc. AND ITS ASSOCIATES.
UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
IX. FORCE MAJEURE
Perfect International, Inc. shall not be liable for any failure to perform hereunder where such failure is proximately caused by a Force Majuere Occurrence. A .Force Majeure Occurrence. shall mean an occurrence beyond the control of Perfect International, Inc. Without limiting the generality of the foregoing, force majeure occurrences shall include: failure of telecommunications, Internet service providers, riots, inability to obtain labor or materials, governmental restrictions, acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, acts of foreign combatants, terrorists acts, military or other usurped political power or confiscation, nationalization, government sanction or embargo, labor disputes of third parties to this contract, or the prolonged failure of electricity or other vital utility service. If such a Force Majeure Occurrence results in Perfect International, Inc. being unable to perform, in whole or in part, its obligations as set forth in this Agreement, then Perfect International, Inc. shall be discharged of those obligations to the extent it is so unable to perform, and such inability to perform shall not make Perfect International, Inc. liable to You.
(a) This Agreement shall be interpreted under, and governed by, the laws of the State of California. By entering into this Agreement, You submit to jurisdiction in Los Angles, California USA for adjudication of any disputes and/or claims arising out of or relating to this Agreement or Perfect International, Inc..s Service(s). Furthermore, the parties hereby agree that the courts of Los Angeles, California USA shall have exclusive jurisdiction over any disputes relative to this Agreement, whether said disputes sounds in contract, tort, or other areas of the law. In any litigation, arbitration or other proceeding by which one party seeks to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause.
(b) Any legal dispute or legal claim arising out of or relating to this Agreement or Perfect International, Inc. Service(s) shall be resolved and settled via binding arbitration before the American Arbitration Association.
(c) Any such dispute or claim shall be arbitrated on an individual basis. Under no circumstance shall multiple disputes or claims be consolidated in any arbitration. As the parties consented that this Agreement shall be interpreted under, and governed by, the laws of the State of California, said Arbitration shall be held in the State of California. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect the rights or property of party pending the completion of arbitration.
(d) The prevailing party from arbitration shall be entitled to reasonable attorney fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the state of California with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorney fees and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.
(e) Should either party file an action contrary to this provision, the other party may recover attorney fees and costs up to one thousand ($1000) dollars.
(f) You agree that Your sole and exclusive remedy to any issues relating to Perfect International, Inc. services is to discontinue using the Service.
XI. SEVERABILITY AND SURVIVABILITY
(a) In the event any provision of this Agreement is deemed to be void, invalid, or unenforceable, that provision shall be severed from the remainder of this Agreement so as not to cause the invalidity or unenforceability of the remainder of this Agreement. All remaining provisions of this Agreement shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law.
(b) The terms of this Agreement apply to those obligations that survive any cancellation, termination or rescission, namely warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
You agree to defend, indemnify and hold harmless Perfect International, Inc. against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorney fees) or claims caused by or resulting indirectly from Your use of the Service, without limitation or exception, including Your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third-party right). The terms of this section shall survive the termination of Your relationship with Perfect International, Inc..
The failure of Perfect International, Inc. to enforce any section(s) of this Agreement shall not be interpreted as a waiver or limitation of Perfect International, Inc.'s right to subsequently enforce and require strict observance of every section and provision of this Agreement.
XIV. MODIFICATION OF AGREEMENT
Perfect International, Inc. reserves the right to modify or change any and all sections of this Agreement at any time and without advance notice. Such modifications shall become effective upon making the modified provisions available on the Perfect International, Inc. website. You are responsible for regularly reviewing these documents and staying informed of any such changes. Your continued use of the Service after any such changes to the Agreement shall constitute Your consent to such changes. Perfect International, Inc. does not and will not assume any responsibility to inform You of any modifications to the Terms and Conditions of Service.