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Exchange Hosting Master Service Agreement (MSA)

This Master Service Agreement is by and between Hostavia LLC ("Company") and Customer ("You").

BY ACCEPTING AND USING COMPANY'S SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, APPENDIX A. MICROSOFT SOFTWARE USE-TERMS AND CONDITIONS (below), ACCEPTABLE USE POLICY, AND COMPANY'S NO-SPAM POLICY

You agree you shall use the Company's services only for lawful purposes.

Company and You agree to the following provisions:

    1. Provision of Services  

Company agrees to provide services to You in accordance with the Exchange Hosting Service Level Agreement in return for your payment for Company's services, your execution and compliance with this agreement, and your compliance with Appendix A Microsoft Software Use-Terms and Conditions (below), Company's Acceptable Use Policy and No-Spam Policy all incorporated by reference herein.

Provision of Company's services shall commence once Company has received both Your payment for Company's services and this Master Service Agreement (Agreement) duly executed by You.
 

    2. Agreement Term  

The Agreement Term is either the Initial Term or Renewal Term as defined herein.

2.1 Monthly Hosting Plan Agreement Term.

For hosting plans billed on a monthly basis, the Initial Term is defined as the time period from the date of your initial payment or execution of this Agreement, whichever occurs later, through the remainder of the calendar month in which this Agreement was executed. The Renewal Term for hosting plans billed on a monthly basis is defined as one calendar month beginning at the end of any prior Agreement Term.

2.2 Contract Hosting Plan Agreement Term.

For contract hosting plans, the Initial Agreement Term ("Initial Term") is the period between the Agreement Term Begin Date, which is the day of your initial payment or execution of this Agreement, whichever is later, and the Agreement Term End Date, which is the end of the calendar month six (6) months following your Agreement Term Begin Date.

At the end of the Initial Term and any subsequent terms, this Agreement shall automatically renew for six (6) months beginning at the end of any prior Agreement Term ("Renewal Term").

2.3. Fee Guarantee.

The fees set forth in your plan (per which the account is created) are valid for the Initial Term and each renewal term of the Agreement.
 

    3. Automatic Renewal  

This Agreement shall renew automatically at the end of the prior Agreement term unless terminated in accordance with this Agreement either by You or by the Company. We reserve the right to modify the Master Service Agreement and Service Level Agreement (or any portion thereof) at any time without notice. When a new Agreement term begins, the then current Master Service Agreement and Service Level Agreement shall apply. Please review this agreement from time to time so that you will be apprised of any changes (http://www.hostavia.com/exchangeMSA.php).
 

    4. Termination without Cause  

TERMINATION OF YOUR ACCOUNT WILL NOT CANCEL OR WAIVE ANY FEES OWED TO THE COMPANY PRIOR TO OR AT ACCOUNT TERMINATION.

YOUR DATA AND ACCOUNT SETTINGS ARE IRREVOCABLY DELETED AFTER ACCOUNT TERMINATION, INCLUDING BUT NOT LIMITED TO, WEB SITE CONTENT, DATABASES, AND EMAIL MESSAGES. SECURING ALL NEEDED DATA FROM YOUR ACCOUNT PRIOR TO ACCOUNT TERMINATION SHALL BE SOLELY YOUR RESPONSIBILITY.

Company may terminate service under this Agreement at any time, without penalty, if You fail to comply with Terms & Conditions. At the time of termination Company shall provide email notification to Your Contact Address. If Company terminates this Agreement for such violations, Company shall not be required to refund to You any fees paid in advance of service provision.

4.1 Termination by You without cause.

For monthly hosting plans, you may terminate this Agreement at any time without cause by following the termination procedure located within the Account section of the Control Panel prior to the beginning of any Renewal Term. If You terminate without cause a monthly hosting account effective prior to the end of the Agreement term, Company shall not be required to refund to You amounts hosting fees already paid.

For contract hosting plans, you may terminate this Agreement at any time without cause by following the termination procedure located within the Account section of the Control Panel prior to the beginning of any Renewal Term. If You terminate without cause a contract hosting account effective prior to the end of the Agreement term You shall incur an Early Termination Fee as defined in Section 4.3.2.

4.2 Termination by Company without cause.

The Company may terminate this Agreement without cause by providing written or electronic mail notice of termination to your email contact address not less than fifteen (15) calendar days prior to the effective termination date.

For monthly hosting plans, if the effective termination date occurs prior to the end of the Agreement Term, Company shall refund or not charge You the monthly hosting fees for the month in which Services terminate.

For contract hosting plans, Company shall refund or not charge You the monthly hosting fees for the month in which Services terminate.

4.3 Refunds/Fees for Termination by You without cause.

Fees for non-recurring services and set up fees shall not be refunded. Any fees previously waived or discounts applied may be reinstated if You terminate the account for no cause during the term or if You breach this Agreement.

4.3.1 Monthly hosting account refunds/fees. If You terminate without cause a monthly hosting account effective prior to the end of the Agreement term, Company shall not be required to refund to You any hosting fee amounts already paid.

4.3.2 Contract hosting account refunds/fees. If You terminate without cause a contract hosting account effective prior to the end of the Agreement term, Company shall not be required to refund to You any hosting fee amounts already paid.

For contract hosting plans, the Early Termination Fee is the lesser of (a) three months of the Minimum Package Fee from the end of the calendar month following the requested termination date, as defined on Your current plan; or (b) the Minimum Package Fee for the remainder of the agreement term. The Minimum Package Fee is defined as the monthly charge for your base package excluding any additional items that you have purchased along with this base package.
 

    5. Termination for Cause  

To terminate your account for the Company's violation of the terms of this Agreement or the Service Level Agreement, You shall provide to Company's Legal Department in writing, via email (legal@hostavia.com) or via certified mail, the details of the Company's violation and allow the Company a reasonable time to cure any such violation prior to termination of your account.

THE COMPANY MAY TERMINATE SERVICES TO YOU IMMEDIATELY AND WITHOUT PRIOR NOTICE (TERMINATION FOR CAUSE) FOR ANY OR ALL OF THE FOLLOWING REASONS:

ANY MATERIAL BREACH OF THIS AGREEMENT, WHICH INCLUDES BUT IS NOT LIMITED TO VIOLATION OF THE COMPANY'S ACCEPTABLE USE OR NO SPAM POLICIES; OR ANY NON-MATERIAL BREACH OF THIS AGREEMENT WHICH REMAINS UNCURED BEYOND A REASONABLE TIME AFTER BREACH NOTIFICATION; AND FAILURE TO PROVIDE AND KEEP CURRENT ALL HOSTPILOT CONTACT AND BILLING INFORMATION.

IN THE EVENT OF TERMINATION FOR CAUSE, THE COMPANY SHALL NOT REFUND ANY PAID FEES. TERMINATION FOR CAUSE WILL NOT CANCEL OR WAIVE ANY FEES OWED TO THE COMPANY PRIOR TO ACCOUNT TERMINATION.
 

    6. Payment Terms  

You agree to be billed at the beginning of the Agreement Term via your credit card for all recurring charges for the current calendar month and one-time charges, including but not limited to late fees and termination charges, for all Company's services ordered by You and for any fees You owe to the Company. For contract hosting accounts, you also agree to be billed at the beginning of each calendar month via credit card for all recurring charges for the month as well as any and one-time charges, including but not limited to late fees and termination charges, for all Company's services ordered by You and for any fees You owe to the Company. For contract hosting accounts you further agree to be billed for any additional services ordered at the time the additional services are ordered and also at the beginning of each calendar month. For payment by Credit Card, Company shall not provide an invoice to You. You may view and print an invoice for Your own account using the Control Panel.

On the first day of each month, Company will apply the current monthly charges to Your credit card, the number which You entered on the Billing Information page in Control Panel. It is Your responsibility to keep this information up-to-date.

In the event charges to Your credit card fail, Company will email a warning to Your Contact email Address. It is Your responsibility to keep this information up-to-date. Company shall make several attempts to charge Your credit card and will continue send warning messages every time credit card charge was unsuccessful. After five business days of unsuccessful attempts to bill Your credit card, Company will suspend Your access to the server. Incoming email as well as existing data will not be affected. After fifteen business days of non-payment, You shall be in breach of this Agreement and the Early Termination Fee shall apply.

6.1 Late Payment.

Suspension or Interruption of Service for Non-payment. Late Payment is defined as payments received after the fifth business day of the month for which the payment is due. In the event of late payment(s) on Your account, Company, at its sole discretion and without waiving other rights it may have, may suspend, interrupt, or disconnect the services and charge Your account the Early Termination Fee.

6.2 Excess usage charges.

You understand and agree that You are responsible for monitoring and maintaining your accounts within all plan-specified limits. In the event your usage exceeds these limits for your account, You agree the Company may charge You for such excess usage via your credit card, or by invoice if you have been accepted into a program paying by check, at the then-published price on the Company's web site. Usage and associated charges for excess usage shall be determined based solely by the Company's collected usage information. Unused monthly allotments shall not accrue or carry over from one month to any other month.
 

    7. Taxes  

The Company shall not be liable for taxes and other governmental fees and assessments to be paid which are related to purchases made from You or from the Company's server. You agree that You shall be solely responsible for all taxes, fees, and assessments of any nature associated with products or services sold through the use of or with the aid of services provided to You by the Company.
 

    8. "Beta" Hosting Products  

THIS SECTION APPLIES ONLY TO CUSTOMERS WITH ACCOUNTS CREATED ON EXPERIMENTAL "BETA" PLANS AND PLATFORMS.

"BETA" HOSTING SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS.

All provisions of this Agreement shall apply to experimental "beta" plan and platform accounts, except paragraphs 1, 2, 3, and 6. The Exchange Hosting Service Level Agreement guarantees do not apply to "beta" plan or platform accounts during periods in which You receive the Company's "beta" hosting services for free or at a discount.

In exchange for Company providing experimental "beta" hosting services You agree, during periods You receive free or discounted "beta" hosting services from Company, to comply with this Agreement as it applies to "beta" hosting accounts, Company's Acceptable Use Policy, and Company's No-Spam policy.

Uptime guarantees provided elsewhere in this Agreement or in Service Level Agreement do not apply to "beta" plan and platform accounts. Company does not make any guarantee of the integrity of data stored on "beta" hosting servers.

YOU ARE STRONGLY DISCOURAGED FROM USING ACCOUNTS ON "BETA" PLANS OR PLATFORMS FOR HOSTING ANY PRODUCTION APPLICATIONS OR FOR STORING SENSITIVE DATA.

Company shall upgrade software on "beta" hosting servers when and as Company deems necessary in its sole discretion. Company does not warrant or represent that new versions of the software installed on "beta" servers will be compatible with the currently installed version or that loss of functionality or interruption of service will not occur as a result of such upgrades.

The Company reserves a right to terminate any "beta" Hosting Program at any time by giving You fifteen days written or electronic mail notice.

If a "beta" program is terminated, all free and discounted accounts on the "beta" servers will be converted at the end of the fifteen-day notice period to fee-for-service accounts to a Company's Hosting Plan selected at Company's discretion. To discontinue the account and avoid incurring increased charges under the Company's Exchange Hosting Plan, the account must be terminated by the customer following the termination provisions in Paragraph 4 of this Agreement.
 

    9. Materials and Products  

Any material and data You provide to the Company in connection with the Company's services shall Server Ready. Server Ready is defined as being in a condition and form, as determined solely by the Company, which requires no additional manipulation or verification on the part of the Company. Attempting to place or requesting placement of Non-Server-Ready material or data on the Company's servers shall be a breach of this Agreement.

The Company may, in its sole discretion, reject material or data that You have placed, attempted to place, or have requested be placed on the Company's servers. The Company agrees to notify You immediately of its rejection of the material or data and provide You with an opportunity to amend or modify the material or data to meet the requirements of the Company.
 

    10. Limited Warranty; Limitation of Damages  

THE COMPANY PROVIDES SERVICES AS IS AND WITH ALL RISKS. YOU EXPRESSLY AGREE THAT USE OF THE COMPANY'S SERVICES IS AT YOUR SOLE RISK.

The Company, its agents, affiliates, vendors and the like do not represent or warrant that the Services will be uninterrupted or error free; neither do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through the Services. The Company expressly disclaims the warranties of merchantability and fitness for a particular purpose and all warranties not expressly contained in this Agreement. You and the Company agree that the terms of this Agreement shall not be altered due to custom or usage or due to the parties' course of dealing or course of performance under this Agreement.

The Company, its agents, affiliates and vendors shall not be liable for any indirect, incidental, special, punitive or consequential damages, including but not limited to damages for lost profits, business interruption, loss of programs or information, and the like, that result from the use or inability to use the Services; from mistakes, omissions, interruptions, deletion of files or directories, errors, defects, delays in operation, or transmission; or for any failure of performance regardless of whether the Company has been advised of such damages or their possibility, or whether the above events are limited to acts of God, communication failure, theft, destruction, or unauthorized access to the Company's records, programs, or the Services, whether in contract, tort or otherwise.

You agree that the Company's total liability and your sole remedy for any non-accessibility to the Services or other downtime is limited to the penalties listed in the Exchange Hosting Service Level Agreement, however, in no event shall the Company's liability exceed the total aggregate amount paid by You to the Company under this Agreement, including all fees, attorney fees, and costs.

The Company will exercise no control over the content of the information passing through the Company's network except those controls expressly provided herein.
 

    11. Patents, Copyrights, Trademarks, and Intellectual and Proprietary Rights  

Except for rights expressly granted herein, this Agreement does not transfer any intellectual or other property or proprietary right to You. You agree that all right, title, and interest in any product or service provided to You is solely the property of the Company. These products and services are only for Your use in connection with Company's services provided to You as outlined in this Agreement.

You expressly warrant and represent to the Company that You have the right to use any patented, copyrighted, trademarked or proprietary material which You use, post, or otherwise transfer to or by way of the Company servers. Breach of this warranty shall be a material breach of this Agreement.
 

    12. Hardware, Equipment, and Software  

You are responsible for and must provide all phones, phone services, computers, software, hardware, and other services necessary to access Company servers. Company makes no representations, warranties, or assurances that your equipment will be compatible with Company services.
 

    13. Age and Capacity  

You expressly represent and warrant that You and any person to whom You grant access to your Company account have reached the age of eighteen and that You are not subject to an limitation on your ability to enter into this Agreement.
 

    14. Indemnification  

You agree that you shall defend, indemnify, save, and hold Company harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fess, asserted against Company, 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 You, your agents, employees, or assigns.

Without limiting the foregoing, You agree to defend, indemnify, and hold harmless Company against liabilities arising out of:

(i) any injury to person or property caused by any products sold or otherwise distributed in connection with Company services provided to you;
(ii) any material supplied by You infringing or allegedly infringing on the property or proprietary rights of a third party;
(iii) copyright infringement; and
(iv) any defective product which You sold or distributed by means of Company services.
 

    15. Miscellaneous  

Governing Law; Jurisdiction; Forum. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflicts of laws or its principles. You agree, in the event any claim or suit is brought in connection with the Company's provision of the Services to You, to submit to the jurisdiction of the Commonwealth of Virginia, and agree to the courts of Prince William County, Virginia as the appropriate forum.

Severability. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any of the other provisions of this Agreement, and this Agreement shall be construed as if such provision(s) had never been contained herein, provided that such provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.

Waiver; No Oral Modification. No waiver by the Company of any breach by You of any of the provisions of this agreement shall be deemed a waiver of any preceding or succeeding breach of this agreement. No such waiver shall be effective unless it is in writing signed by the parties hereto, and then only to the extent expressly set forth in such writing. No modification of this agreement shall be effective unless it is in writing and signed by the parties hereto, and then only to the extent set forth in such writing.

No Assignment. No benefit or duty under this Agreement shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to do so shall be void.

Surviving Clauses. Clauses 7, 8, 10, 11, 14, and 15 of this Agreement shall survive for the lesser of a period of two years after termination of your account or the maximum length permitted by law.

Entire Agreement; Third Party Beneficiaries. This Agreement constitutes the entire agreement for provision of the Services to You and supersedes all other prior agreements and understandings, both written and oral, between the You and the Company with respect to the Services. You understand and agree that the Company and You intend to include, as the sole third party beneficiaries of this Agreement, Company's software vendors, with all rights and remedies available as if such vendors were a party to this Agreement.
 

    Appendix A. Microsoft Software Use -- Terms and Conditions  

This document concerns your use of Microsoft software, which includes computer software provided to you by Hostavia LLC as described below, and may include associated media, printed materials, and "online" or electronic documentation (individually or collectively "SOFTWARE PRODUCTS"). Hostavia LLC does not own the SOFTWARE PRODUCTS and the use thereof is subject to certain rights and limitations of which Hostavia LLC needs to inform you. Your right to use the SOFTWARE PRODUCTS is subject to your agreement with Hostavia LLC, and to your understanding of, compliance with and consent to the following terms and conditions, which Hostavia LLC does not have authority to vary, alter or amend.

I. DEFINITIONS.

For purposes of this Appendix, the following definitions shall apply: "Client Software" means software that allows a Device to access or utilize the services or functionality provided by the Server Software. "Device" means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, "smart phone", or other electronic device. "Server Software" means software that provides services or functionality on a computer acting as a server. "Redistribution Software" means software described in Paragraph IV ("Use of Redistribution Software") below.

II. OWNERSHIP OF SOFTWARE PRODUCTS.

SOFTWARE PRODUCTS are licensed to Hostavia LLC from an affiliate of Microsoft Corporation ("Microsoft"). All title and intellectual property rights in and to the SOFTWARE PRODUCTS (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCTS) are owned by Microsoft or its suppliers. The SOFTWARE PRODUCTS are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the SOFTWARE PRODUCTS does not transfer any ownership of SOFTWARE PRODUCTS or any intellectual property rights to you.

III. USE OF CLIENT SOFTWARE.

You may use the Client Software installed on your Devices by Hostavia LLC only in accordance with the instructions, and only in connection with the services, provided by you by Hostavia LLC.

IV. USE OF REDISTRIBUTION SOFTWARE.

In connection with the services provided to you by Hostavia LLC, you may have access to certain "sample," "redistributable" and/or software development ("SDK") software code and tools (individually and collectively "Redistribution Software"). YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS ("SPUR") APPLICABLE TO HOSTAVIA LLC, WHICH TERMS MUST BE PROVIDED TO YOU BY Hostavia LLC. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by Hostavia LLC.

V. COPIES.

You may not make any copies of the SOFTWARE PRODUCTS; provided, however, that you may (a) make one (1) copy of Client Software on your Device as expressly authorized by Hostavia LLC; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph IV ("Use of Redistribution Software"). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with Hostavia LLC, upon notice from Hostavia LLC or upon transfer of your Device to another person or entity, whichever first occurs. You may not copy any printed materials accompanying the SOFTWARE PRODUCTS.

VI. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY.

You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCTS, except and only to the extent that applicable law, notwithstanding this limitation expressly permits such activity.

VII. NO RENTAL.

You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute SOFTWARE PRODUCTS to any third party, and you may not permit any third party to have access to and/or use the functionality of the SOFTWARE PRODUCTS.

VIII. TERMINATION.

Without prejudice to any other rights, Hostavia LLC may terminate your rights to use the SOFTWARE PRODUCTS if you fail to comply with these terms and conditions. In the event of termination or cancellation, you must stop using and/or accessing the SOFTWARE PRODUCTS, and destroy all copies of the SOFTWARE PRODUCTS and all of its component parts.

IX. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT.

ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY Hostavia LLC AND NOT BY MICROSOFT OR ITS AFFILIATES OR SUBSIDIARIES.

X. PRODUCT SUPPORT.

Any product support for the SOFTWARE PRODUCTS is provided to you by Hostavia LLC and is not provided by Microsoft or its affiliates or subsidiaries.

XI. NOT FAULT TOLERANT.

THE SOFTWARE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.

XII. EXPORT RESTRICTIONS.

The SOFTWARE PRODUCTS are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCTS, including U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issue by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting.

XIII. LIABILITY FOR BREACH.

In addition to any liability you may have to Hostavia LLC, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.

XIV. COPIES.

You may not make any copies of the SOFTWARE PRODUCTS; provided, however, that you may (a) make one (1) copy of Client Software on your Device as expressly authorized by Hostavia LLC; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph IV ("Use of Redistribution Software"). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with Hostavia LLC, upon notice from Hostavia LLC or upon transfer of your Device to another person or entity, whichever first occurs. You may not copy any printed materials accompanying the SOFTWARE PRODUCTS.

XV. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY.

You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCTS, except and only to the extent that applicable law, notwithstanding this limitation expressly permits such activity.

XVI. NO RENTAL.

You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute SOFTWARE PRODUCTS to any third party, and you may not permit any third party to have access to and/or use the functionality of the SOFTWARE PRODUCTS.

XVII. TERMINATION.

Without prejudice to any other rights, Hostavia LLC may terminate your rights to use the SOFTWARE PRODUCTS if you fail to comply with these terms and conditions. In the event of termination or cancellation, you must stop using and/or accessing the SOFTWARE PRODUCTS, and destroy all copies of the SOFTWARE PRODUCTS and all of its component parts.

XVIII. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT.

ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY INTERMEDIA.NET AND NOT BY MICROSOFT OR ITS AFFILIATES OR SUBSIDIARIES.

XIX. PRODUCT SUPPORT.

Any product support for the SOFTWARE PRODUCTS is provided to you by Hostavia LLC and is not provided by Microsoft or its affiliates or subsidiaries.

XX. NOT FAULT TOLERANT.

THE SOFTWARE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.

XXI. EXPORT RESTRICTIONS.

The SOFTWARE PRODUCTS are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCTS, including U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issue by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting.

XXII. LIABILITY FOR BREACH.

In addition to any liability you may have to Hostavia LLC, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.
 

 
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