Web site Hosting Services Addendum
 

 

 

 

 
 
This Web site Hosting Services Addendum (the "Addendum") is by and between you and Walltech, Inc. ("Walltech"), and sets forth the terms and conditions of your use of Walltech's Web site Hosting service and Web site building tools (the "Service"). You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Addendum, as well as any additional rules or policies that are or may be published by Walltech from time to time, including Walltech's Services Agreement  (the "Services Agreement"). This Addendum, as well as any additional rules and policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and Walltech concerning your use of the Service, and supersede and govern all prior proposals, agreements, or other communications. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THIS ADDENDUM AND THE TERMS OF THE SERVICES AGREEMENT, THIS ADDENDUM SHALL GOVERN. Unless explicitly stated otherwise, any new features, updates, upgrades or versions that augment or enhance the current Service shall be subject to this Addendum. Please note that other Walltech services, outside of the Service, are governed by the Services Agreement and may be governed by other terms and conditions.

 
  1. The Service

    The Service provides the ability both to create and to publish a World Wide Web site (a "User Web Site"). Walltech may, from time to time, offer basic User Web Sites for free. You agree and acknowledge that Walltech may place advertising banners into any such free User Web Sites. You further agree and acknowledge that Walltech allows only one User Hosting Service per domain name.

    Your right to use the Service is personal to you. If you transfer your domain name record to a third party registrar or registrant, or allow your domain name registration to expire, you may no longer be able to use the Service. In addition, we may, in our sole discretion, choose not to transfer the Service to another customer or to another domain name residing at Walltech.

    When you sign up for the Service, you may receive an email or instructions from Walltech advising you to configure your domain name to a IP address for your account. Once you configure your domain name to such IP address and until you publish your Web site, your domain name will resolve to a Walltech "Coming Soon" Web page, which informs visitors that you recently ordered hosting services from Walltech and have a Web site under construction. The Coming Soon Web page may be modified at any time by Walltech without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Walltech and third parties.  If, for any reason, you do not wish to have your domain name resolve to a Coming Soon Web page, you will need to either publish your own Web site or change the IP address associated with your domain name.

     
  2. Payment Terms; Renewal of Service

     
    1. Fees

      As consideration for the Service, you agree to pay Walltech, upon submission of your Service application or renewal application, the then-current fees set forth in the Walltech price schedule for the Service when such fees are due. All fees are non-refundable. Walltech reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

       
    2. Data Storage and Transfer Fees

      All hosting plans are subject to storage and transfer limitations. In the event usage of the Service exceeds the allotted limits for a plan, you are responsible for all charges related to such excess stored data or transfers. In the event that you do not pay any applicable overage fees, Walltech reserves the right to suspend or disable your account until such fees are paid.

       
    3. Upgrades

      You will have the ability to upgrade the Service at any time during the term of your Service. Such upgrade will take effect immediately. For any upgrade in package level, the credit or debit card that you provided in connection with your initial registration for the Service will be charged a pro-rata amount for the higher-level Service based on the number of days remaining in the term. Downgrades in Service are not available.

       
    4. Billing and Renewal

      Your service application or renewal application will not be processed unless we receive actual payment of the service fee. By supplying your credit or debit card for the payment of the service fee, you authorize Walltech to automatically charge your credit or debit card for charges that apply to your account. Your credit card will be charged in advance for the following term's service (currently, one month or one year, depending upon the term selected by you when you signed up for the Service). Your subscription will continue to automatically renew for like terms, unless terminated by Walltech for failure to pay service fees or any other reason, or until you cancel the Service in Account Manager or by contacting Customer Support and confirming the cancellation.

      If the credit or debit card on file with us has expired, is otherwise invalid or otherwise cannot be processed for any reason, we will attempt to notify you of this fact by email and give you an opportunity to provide us with a valid credit card. If no such information is provided prior to the expiration date of the Service, the Service may not be renewed and all information contained within your User Web Site may be deleted permanently. Walltech accepts no liability for deleted information or Content.

       
    5. Cancellation and Termination

      If you cancel the Service before the end of the term, you will have access to the Service for the remainder of the term for which you have prepaid. When your Service expires or is terminated, or your domain name expires, your User Web Site will cease resolving on the Internet, you will no longer have access to the Service, and all information and Content contained therein will be deleted. Walltech accepts no liability for such deleted information or Content.


     
  3. User Web Site Content

    You understand that you are solely and fully responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content"), whether publicly posted or privately transmitted using the Service or a User Web Site. Walltech does not pre-screen Content, but Walltech and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is made available to others using the Service or on a User Web Site. Walltech neither endorses the Content of your User Web Site nor assumes responsibility for such Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

    The following is a non-exclusive list of activities prohibited under the terms of this Addendum:

     
    1. the uploading, posting or otherwise transmitting of any Content on a User Web Site that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable, or violates privacy, publicity or other personal rights of others;
    2. sending unsolicited bulk and/or commercial messages over the Internet to a large number of recipients (known as "spamming"), or maintaining an open SMTP relay. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Service, Walltech's equipment or any domain name registration or electronic mail address serviced by Walltech;
    3. the forgery of any headers or other manipulation of identifiers in order to disguise the origin of any message sent in connection to a User Web Site;
    4. using the Service to harm minors in any way, including to advertise, transmit, store, post, display, or otherwise make available child pornography. Walltech is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Service;
    5. the uploading, posting or other transmittal of any Content that violates, infringes or misappropriates the intellectual property rights of others, including patents, trademarks, service marks, trade secrets, copyrights or other proprietary rights of any party;
    6. the uploading, posting or other transmittal of any Content that you do not have a right to transmit under any law or under contractual, fiduciary or personal relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    7. using the Service to create, upload, post or transmit any viruses, worms, Trojan horses, or for pinging, flooding, mailbombing or denial of service attacks or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    8. attacking or attempting to gain unauthorized access to the data, computers, accounts, systems or networks of others, or attempting to penetrate security measures of Walltech or other entities' systems ("hacking"), or engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, probe, or other information gathering activity);
    9. installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines that generate excessive amounts of net traffic, or disrupt net newsgroups or email use by others.
    10. engaging in activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment;
    11. violating any local, state, national or international laws;
    12. engaging in or promoting gambling;
    13. displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or drug, where prohibited by local, state, national or international law;
    14. "stalking" or otherwise harassing another;
    15. collecting or storing personal data about others without their consent;
    16. advocating, promoting, or providing assistance in carrying out violence or physical harm against any persons, nations, groups, entities or animals, including providing instructions on how to assemble explosive devices or other weapons, describing or displaying a weapon, parts of weapons or manuals for assembling any weapon, or promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property;
    17. exporting software or technical information, including encryption software, in violation of U.S. or international export control laws;
    18. the use of your User Web Sites as storage for remote loading or as a door or signpost to another home page;
    19. the impersonation of any person or entity, including, but not limited to, a Walltech official, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
    20. removing, modifying or hiding any of the advertising banners inserted into your User Web Sites;
    21. any resale or any exploitation for any commercial purposes of the Service by any and all means unless approved in advance in writing by Walltech; and
    22. Advertising, transmitting, offering for sale or otherwise making available any software, program, product, service or information that is designed to violate terms (a) through (u) above, or that Walltech determines, in its sole discretion, is inappropriate for sale through the Service provided by Walltech.


     
  4. Copyrights

    Walltech respects the intellectual property rights of others and we ask our customers to do the same.

     
  5. Proprietary Rights; License Grant

     
    1. The Software

      You acknowledge and agree that the Service and any necessary software used in connection with the Service (the "Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisements is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Walltech or its advertisers, you agree not to duplicate, modify, reproduce, rent, lease, loan, sell, give, sublicense, assign, distribute, otherwise transfer, create derivative works based on, reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code for the Service or the Software, in whole or in part, or to allow or assist any others to do so. Subject to the use restrictions of this Section 5, Walltech grants you a personal, non-transferable, non-sub licensable and non-exclusive right and license to use the object code of its Software for the sole purpose of accessing and using the Service. You agree not to access the Service by any means other than through the interface that is provided by Walltech for use in accessing the Service.

       
    2. Digital Content

      Through our service, you may also be provided with objects including their API's as well as images, photographs, templates, animations, video, audio, music, text and applets, and online or electronic documentation (together called the "Digital Content").

      You agree that if you utilize such Digital Content, you must first agree to be bound by the terms and conditions of Walltech's Digital Content License Agreement (the "Digital Content License") (included at the end of this Addendum). IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE DIGITAL CONTENT LICENSE, DO NOT DOWNLOAD ANY DIGITAL CONTENT.

       
  6. Your Representations; Communications

    By applying to use the Service, or by asking us to maintain or renew your use of the Service, you hereby represent and warrant to us that (a) any statements made by you in connection with your application to use or renew the Service are complete and accurate; (b) to your knowledge, your use of the Service will not infringe upon or otherwise violate the rights of any third party; (c) you are not using the Service for an unlawful purpose; (d) you will not knowingly use the Service in violation of this Addendum or any applicable laws or regulations; and (e) you are at least 18 years of age and under no legal disabilities that would prevent you from entering into this Addendum (otherwise, a parent or guardian must accept this Addendum and make the proper payment). You agree and acknowledge that it is your responsibility to determine whether your User Web Site infringes or violates someone else's rights. You understand and agree that the Service may include certain communications from Walltech, such as renewal and billing notices, service announcements and administrative messages, and that these communications are considered part of the Service and you will not be able to opt out of receiving them. On occasion, Walltech may have a need to communicate with you via email about these issues. It is your responsibility to check email sent to the email address associated with the Service, which is the address that you provide to us in your Service application.

     
  7. Changes to this Addendum or to Additional Rules or Policies

    Except as otherwise provided in this Addendum, you agree, during the term of this Addendum, that we may: (1) revise the terms and conditions of this Addendum; and/or (2) change part of the Service provided under this Addendum at any time (including, without limitation, changing your Service provider). Any such revision or change will be binding and effective 30 days after posting of the revised Addendum or change to the Service on our web site, or upon transmission to you at the e-mail address or postal address (by United States mail) provided by you in connection with the Service. You also acknowledge and agree that it is your responsibility to check the website located at www.Walltech periodically for modifications to this Addendum and that your continued use of the Service shall constitute your acceptance of this Addendum as well as additional rules or policies that are or may be published by Walltech, each with the new modifications. If you do not agree to any of such changes, you may request that your Service be cancelled. You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Addendum or any additional rules or policies that are or may be published by Walltech.

    No employee, contractor, agent or representative of Walltech or its subsidiaries is authorized to alter or amend the terms and conditions of this Addendum except by means of a written document signed by you and an authorized officer of Walltech.

     
  8. Information and Its Disclosure

    You hereby acknowledge and agree that, in connection with your use of the Service, you are required to provide certain information (such as the name, postal address, email address, voice telephone number, and facsimile number of the contact person for the User Web Site). You further agree and acknowledge that it is your responsibility to update this information promptly as needed to keep it current, complete and accurate. All other information which we may request from you in connection with the Service is voluntary; however, not providing such information may prevent you from obtaining information about services other than the Service. You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Addendum that will be sufficient basis for cancellation of the Service.

    In the event that in applying to use the Service you are providing information about a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Addendum, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Addendum.

    Pursuant to Walltech's Privacy Policy, Walltech may make available information about your use of the Service that you provide, or that we otherwise maintain, to such public or private third parties as applicable laws require or permit, including, but not limited to, making publicly available, or directly available, some or all of such information: (i) for inspection by law enforcement officials (including in the case of potential criminal activity); (ii) to respond to criminal and civil subpoenas and court orders that reasonably appear to be valid; (ii) for targeted marketing, (iii) in connection with the sale of all or certain of our assets, (iv) to enforce or apply the terms of this Addendum; and (v) to protect the rights, property, or safety of Walltech, our users, or others. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with your use of the Service (including any updates to such information), whether during or after the term of your use of the Service. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by Walltech.

    Walltech will take reasonable precautions to protect the information it obtains from you from loss, misuse, unauthorized use, access, or disclosure of that information. Walltech will have no liability to you or any third party to the extent such reasonable precautions are taken.

    Communications with Walltech are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of Walltech. Use of the Service could involve listing your participation in relevant directories, and you expressly grant permission for such listings.

     To the extent that there are any differences between the terms of this Addendum and the Privacy Notice, the terms of this Addendum shall govern.

     
  9. Ownership of Data

    You acknowledge and agree that Walltech owns all database, compilation, collective and similar rights, title and interest worldwide in our proprietary information databases, and all information and derivative works generated from those databases. You hereby grant to Walltech a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information: (a) the creation date of a User Web Site, (b) the expiration date of a User Web Site, (c) the name, postal address, email address, voice telephone number, and facsimile number of the contact person for the User Web Site, (d) any remarks concerning the User Web Site that appear in Walltech's database, and (e) any other information Walltech generates or obtains in connection with its provision of the Service. Walltech does not have any ownership interest in your specific personal information or other information other than our rights in our database, as set forth in this Section 10.

     
  10. Security

    You are responsible for maintaining the security of your account and User Web Site, and you are fully responsible for all activities that occur under the account and on the User Web Site, and for any other actions taken in connection with a registered domain name, including those users to whom you give e-mail accounts associated with your domain names ("E-mail Users"). You agree to immediately notify Walltech of any unauthorized uses of the account or any other breaches of security. Walltech cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Walltech be liable, in any way, for any acts or omissions, of you or any E-Mail User, including any damages of any kind incurred as a result of such acts or omissions.

     
  11. Agents

    You agree that, if you are using the Service for someone else, you represent and warrant that you have: (a) provided notice to that third party of your intent to purchase the Service; (b) obtained that third party's express consent to purchase the Service on its behalf; (c) obtained consent to post the content included on your User Web Site; and (d) the authority to bind that person as a principal to all terms and conditions provided herein.

     
  12. System Performance Degradation

    Walltech and its third party partners depend upon computer systems that are responsive to the demands of their users, and that provide timely information to Walltech's customer service team. Occasionally, these computer systems are subjected to exceptional volumes of incoming data and/or processes that result in significant degradation of their system processing and response time. Regardless of the reason, in those instances when there is system performance degradation as the result of an extremely large volume of incoming data and/or processes, Walltech reserves the right, in its sole discretion, to filter or block data and/or processes originating from or traveling to the identified sources of the high volume traffic. Walltech will selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. Walltech further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic. Finally, if your server is involved in an attack on any computer system, either with or without your knowledge or complicity, your account will be shut down while the matter is investigated and resolved in Walltech's absolute discretion.

     
  13. Limitation of Liability

    YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CREATION AND PUBLICATION OF USER WEB SITES, IS ENTIRELY AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, Walltech OR ITS SUPPLIERS WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) TERMINATION, SUSPENSION, LOSS, OR MODIFICATION OF THE SERVICE OR A USER WEB SITE, (b) USE OF OR INABILITY TO USE THE SERVICE OR A USER WEB SITE, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO Walltech's SITE OR TO A USER WEB SITE, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) THE DISBURSEMENT OR NON-DISBURSEMENT OF FUNDS BY PAYMENT PROCESSORS; (g) ANY TRANSACTIONS CONDUCTED ON A USER WEB SITE, INCLUDING FRAUDULENT TRANSACTIONS; (h) ANY LOSS INCURRED IN CONNECTION WITH THE SERVICE OR A USER WEB SITE, INCLUDING IN CONNECTION WITH E-COMMERCE TRANSACTIONS; (i) EVENTS BEYOND Walltech's (AND ITS SUBCONTRACTORS') REASONABLE CONTROL, (j) THE PROCESSING OF YOUR SERVICE APPLICATION; (k) APPLICATION OF ANY APPLICABLE LAW, REGULATION OR Walltech POLICY; (l) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (m) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (n) ANY OTHER MATTER RELATING TO THE SERVICE. Walltech ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, GOODWILL, DATA, THE COST OF REPLACEMENT GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Walltech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Walltech's MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS (.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

     
  14. Indemnification of Walltech

    You agree to defend, indemnify and hold harmless Walltech, its suppliers, subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, damages or costs, including reasonable attorneys' fees, resulting from any claims, actions, or demands arising out of or related to: (i) your Content; (ii) your breach or violation of any term, condition, representation or warranty of this Addendum; (iii) your use of or connection to the Service; (iv) your use of or connection to a User Web Site; or (v) your violation of any rights of others.

     
  15. Disclaimer of Warranties

    THE SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR GUARANTEES OF SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY Walltech, ITS EMPLOYEES, LICENSEES OR THE LIKE WILL CREATE A WARRANTY OR GUARANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

     
  16. Suspension, Cancellation, Transfer or Modification

    You agree and acknowledge that Walltech will, in its sole discretion, determine whether or not your User Web Site is consistent with (i) the terms and conditions of this Addendum, or (ii) applicable Walltech operating rules and policies. You also agree and acknowledge that Walltech may suspend, remove, delete or modify any User Web Site or any portion thereof that Walltech deems inconsistent with the terms and conditions of this Addendum or unacceptable for any other reason and may suspend, cancel or modify your access to and use of the Service for any violation of those terms and conditions, in Walltech's sole discretion, and without prior notice to you. Such termination of the Service may result in the deactivation or deletion of your User Web Site, and the forfeiture, and deletion of all related files contained in your account. You further agree and acknowledge that Walltech may, in its sole discretion, charge a reinstatement fee of up to to customers who have had their Service suspended or canceled as a result of a violation of the terms and conditions of this Addendum, or otherwise. If you re-register for services after Walltech's cancellation of your account without Walltech's written consent, Walltech will cancel your account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.

    Walltech shall also have the right in its sole discretion to suspend, cancel, or otherwise modify your use of the Service or User Web Site at such time as Walltech receives what reasonably appears to be an authentic notification from a court or tribunal of competent jurisdiction. Finally, Walltech reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Walltech shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

     
  17. Governing Law; Arbitration

    This Addendum, your rights and obligations and all actions contemplated by this Addendum shall be governed by the laws of the United States of America and the State of New York, without regard to its choice-of-law rules, as if the Addendum was a contract wholly entered into and wholly performed within the State of New York.

    By accessing this web site and using the information therein available and/or by purchasing any Service made available through this site, you agree with the website operators, their service providers, affiliates, parents, subsidiaries and any content provider or offeror of services on this site or through any other associated activity, that any claim, dispute or controversy ("Claim") by either you or us against the other, or against or with any of these persons or entities (including, without limitation, their employees, agents and assigns), whether related to the described transactions or otherwise, including the enforceability of this arbitration agreement, will be resolved by binding arbitration under the Code of Procedure of arbitration-forum.com (the "Code") in effect at the time the claim is filed. The Code is available at www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. This arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. ?? 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. ?? 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in New York, NY, USA. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective. IN ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH A COURT, AND/OR TO PARTICIPATE OR BE REPRESENTED IN COURT BY OTHERS, BUT ALL CLAIMS MUST NOW BE RESOLVED THROUGH ARBITRATION.

    Any action to review an award granted pursuant to this arbitration clause shall be brought exclusively in the United States District Court for the Southern District of New York. If, for any reason, this Arbitration provision is held not to be enforceable, any action to enforce this Agreement or any matter relating to your use of the Service shall be brought exclusively in the United States District Court for the Southern District of New York, or if there is no jurisdiction in such court, then in a state court in New York County.

     
  18. Notices

    You agree that, unless other instructions are posted on Walltech's Web site, any notices required to be given under this Addendum will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. Walltech may, but shall have no obligation to, send a single notice by various means of delivery (i.e., fax, email, certified mail or express mail). In no event shall Walltech be liable to you for choosing to send notice by one means of delivery and not others.

     
  19. Integration and Severability

    The Addendum and the Services Agreement constitutes the entire agreement between you and Walltech and governs your use of the Service, superceding any prior agreements between you and Walltech or (including, but not limited to, any prior versions of the Addendum). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Walltech services, third-party Content or third-party software. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Addendum must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Addendum are for convenience only and have no legal or contractual effect.

     
  20. General

    You agree and acknowledge that any acceptance of your application for the Service and the performance thereof will occur at our offices in New York, New York, the location of our principal place of business.

    You acknowledge and agree that, to the extent necessary, it is your responsibility to: (1) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (2) provide for your own connection to the Internet and pay any telephone service fees associated with such connection.

    Nothing contained in this Addendum shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties, and this Addendum shall not be construed to create any obligation by Walltech to any non-party to this Addendum.

    The failure of Walltech to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Walltech of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Addendum shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Addendum unenforceable or invalid as a whole. Walltech will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Walltech as reflected in the original provision.

    INFORMATION FOR CALIFORNIA RESIDENTS:
    Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
    Pricing Information. Walltech reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time.
    Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

 

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