The initial service term of the agreement shall begin on the date that CHEAPPRIVACY REGISTAR SERVICES generates an e-mail message announcing the activation of the account (the “Service Commencement Date”) and shall continue either monthly or annually depending on the term picked by the customer. Upon expiration of the initial term, this agreement shall automatically renew for the same length as the initial term unless CHEAPPRIVACY REGISTAR SERVICES or the customer provides the other with written notice of non-renewal at least one (1) days prior to the expiration of the initial term or the then-current renewal term, as applicable. The initial term and any renewal term may be referred to collectively in this agreement as the “Term.”
Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly or annually as indicated on their order, beginning on the service commencement date. CHEAPPRIVACY REGISTAR SERVICES may require payment for the first billing cycle before beginning service. If the order provides for credit/debit card billing, customer authorizes CHEAPPRIVACY REGISTAR SERVICES to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the term of this agreement; otherwise CHEAPPRIVACY REGISTAR SERVICES will invoice customer via electronic mail to the primary customer contact listed on the order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due no later than the due date, but in no event earlier than the first day of each billing cycle. Payments must be made in United States dollars. The customer is responsible for providing CHEAPPRIVACY REGISTAR SERVICES with changes to billing information (such as credit card expiration, change in billing address). At its option, CHEAPPRIVACY REGISTAR SERVICES may accrue charges to be made to a credit/debit card until such charges exceed 10 EUR. CHEAPPRIVACY REGISTAR SERVICES may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. CHEAPPRIVACY REGISTAR SERVICES may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay CHEAPPRIVACY REGISTAR SERVICES’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay CHEAPPRIVACY REGISTAR SERVICES’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
Fee Increases: CHEAPPRIVACY REGISTAR SERVICES may increase its fees for services effective the first day of a renewal term by giving notice to the customer of the new fees at least forty five (45) days prior to the beginning of the renewal term, and if the customer does not give a notice of non-renewal as provided in Section 2 above, the customer shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term).
Early Termination: Customer acknowledges that the amount of the fee for the service is based on customer’s agreement to pay the fee for the entire initial term, or renewal term, as applicable. In the event CHEAPPRIVACY REGISTAR SERVICES terminates the agreement for customer’s breach of the agreement in accordance with Section 12 (Termination), or customer terminates the service other than in accordance with Section 12 (Termination) for CHEAPPRIVACY REGISTAR SERVICES’s breach, the unpaid fees for each billing cycle remaining in the initial term or then-current renewal term, as applicable, are due on the business day following termination of the Agreement.
Customer represents and warrants to CHEAPPRIVACY REGISTAR SERVICES that the information he, she or it has provided and will provide to CHEAPPRIVACY REGISTAR SERVICES for purposes of establishing and maintaining the service is accurate. If the customer is an individual, the customer represents and warrants to CHEAPPRIVACY REGISTAR SERVICES that he or she is at least 18 years of age. CHEAPPRIVACY REGISTAR SERVICES may rely on the instructions of the person listed as the primary customer contact on the order with regard to customer’s account until customer has provided a written notice changing the primary customer contact.
Customer agrees to indemnify and hold harmless CHEAPPRIVACY REGISTAR SERVICES, CHEAPPRIVACY REGISTAR SERVICES’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of customer’s services in violation of applicable law or the Terms of Service by customer or any person using customer’s log on information, regardless of whether such person has been authorized to use the services by customer.
Disclaimer of Warranties
CHEAPPRIVACY REGISTAR SERVICES DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW CHEAPPRIVACY REGISTAR SERVICES DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF CHEAPPRIVACY REGISTAR SERVICES AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on CHEAPPRIVACY REGISTAR SERVICES unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without CHEAPPRIVACY REGISTAR SERVICES’s prior written consent. CHEAPPRIVACY REGISTAR SERVICES’s approval for assignment is contingent on the assignee meeting CHEAPPRIVACY REGISTAR SERVICES’s credit approval criteria. CHEAPPRIVACY REGISTAR SERVICES may assign the Agreement in whole or in part.
CHEAPPRIVACY REGISTAR SERVICES shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond CHEAPPRIVACY REGISTAR SERVICES’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.