Terms

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User Agreement

Published on Wed, 20 July 2011 11:51 |

This User Agreement ("Agreement") is an agreement between LERNA, and the party set forth in the related Registration Form ("User" or "You" and "Your") incorporated herein by reference (together with any subsequent Registration Forms or other online signup, acceptance or order form submitted by User, the "Registration Form"), and applies to the purchase of all services ordered by User on the Registration Form (collectively, the "Services"). As used herein the term "User" and "You" shall also include any and all users, Customers, subscribers, affiliates (including without limitations Users or non-Users to whom LERNA provides links or banners to promote the services or products of LERNA or any third party the services or products of which are offered by or obtained through or in connection with LERNA), resellers or others (i) who sign up for, use or obtain services or products from LERNA or from any third party services or products of which are offered by or obtained through or in connection with LERNA, or (ii) who visit the Web sites of LERNA or of any such third party.

PLEASE READ THIS AGREEMENT CAREFULLY.
SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

1. Acceptable Use Policy

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Under this Agreement, User shall comply with LERNA's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by LERNA, and other agreements which currently can be viewed under the Terms of this Web site (collectively, the "Terms of Service"), and which is incorporated in this Agreement by reference. User hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. LERNA does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by User via the Service (the "User Content"). User Content includes content of User's and/or users of User's Web site. Accordingly, under this Agreement, You will be responsible for Your users content and activities on Your Web site. Notwithstanding anything to the contrary contained in this Agreement, LERNA may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by User of the AUP. In the event LERNA takes corrective action due to a violation of the AUP, LERNA shall not refund to User any fees paid in advance of such corrective action. User hereby agrees that LERNA shall have no liability to User or any of User's users due to any corrective action that LERNA may take (including, without limitation, suspension, termination or disconnection of Services).

2. Term; Termination; Cancellation Policy

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The initial term of this Agreement shall be as set forth in the Registration Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to User. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".

This Agreement may be terminated or cancelled;

At anytime by either party by giving the other party thirty (30) days prior written notice. We may charge You a minimum $50.00 as an early cancellation fee.
If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign-up, the User will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be submitted to our Support through our online support form. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees or setup fees, nor will they include any fees for additional services that are purchased in the first thirty (30) days. If your plan includes a free domain name and You cancel within the first 30 days, a fee for the domain will be deducted from your refund.
The thirty (30) day money-back guarantee is valid for credit-card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the thirty (30) day money-back guarantee for other payment methods.
The thirty (30) day money-back guarantee is not valid for , at any time, without notice, if, in LERNA's sole and absolute discretion and/or judgment, User is in violation of any term or condition of this Agreement and related agreements, AUP, or User's use of the Services disrupts or, in LERNA's sole and absolute discretion and/or judgment, could disrupt, LERNA's business operations and/or by LERNA as provided herein.
Any cancellation request shall be effective thirty (30) days after receipt by LERNA, unless a later date is specified in such request.

LERNA may terminate this Agreement, without penalty,

if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, Terms of Service or regulatory reason, by giving User as much prior notice as reasonably practicable; or
immediately, if LERNA determines that User's use of the Services, the Web site or the User Content violates any LERNA term of service, including the AUP, User Agreement, Anti-Spam Policy, Privacy Policy or Domain Policy. If LERNA cancels this Agreement prior to the end of the Term for Your breach of this Agreement and related agreements, including the AUP, User Agreement, Anit-Spam Policy, Privacy Policy or Domain Policy or User's use of the Services disrupts our network, LERNA shall not refund to You any fees paid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, We may charge You 100% of all charges for all Services for each month remaining in the Term and LERNA shall have the right to charge You an administrative fee of a minimum of $50.00.
Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 2, 3, 4, 12, 13, 17, 19 and 20 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other Terms of Service or equitable rights or remedies to which LERNA may be entitled.
You have ninety (90) days to dispute any charge or payment processed by LERNA. If you have a question concerning a charge you believe is incorrect, please contact LERNA Support through our online support form.

3. User's Responsibilities

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User is solely responsible for the quality, performance and all other aspects of the User Content and the goods or services provided through the User Web site.

User will cooperate fully with LERNA in connection with LERNA's provision of the Services. User must provide any equipment or software that may be necessary for User to use the Services. Delays in User's performance of its obligations under this Agreement will extend the time for LERNA's performance of its obligations that depend on User's performance on a day for day basis. User must provide complete, correct and genuine contact information in the Registration Form and update such information as necessary from time to time so it remains complete, correct and genuine at all times; failure to do so may result in suspension or cancellation of Services. User will notify LERNA of any change in User's mailing address, telephone, electronic mail or other contact information.

User assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the User Web site and any goods or services described therein, as well as any rules, terms or conditions of use.

Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups. User is also responsible for ensuring that the User Content and all aspects of the User Web site are compatible with the hardware and software used by LERNA to provide the Services, as the same may be changed by LERNA from time to time. LERNA shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site to be compatible with the hardware and software used by LERNA to provide the Services.

User is solely responsible for making back-up copies of the User Web site and User Content.

LERNA does not maintain backup copies of User Web sites or e-mail. LERNA cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site will always be available. Users should always copy all content of a Web site to a local computer and LERNA strongly suggest that Users make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files.

User is responsible for maintaining the confidentiality of login and billing information. LERNA is not liable for any account disputes that may arise between various parties holding account login information. LERNA is not responsible for any changes made to the account or any information that has been modified by User, or any parties authorized by User, to access the control panel. User is responsible for updating and maintaining contact and billing information with LERNA. Any changes to the User contact information must be made using the account control panel or by contacting our Support Team. User is responsible for ensuring that LERNA is able to notify the User for technical, billing or other issues or purposes deemed necessary by LERNA to maintain the account.

Free Web Hosting. If you have enrolled in a free plan, your Web site may carry advertising HTML for LERNA or a third party, which could include different types of advertisements, including banners or pop-ups. If you would prefer not to have such advertising on your Web site, we encourage you to sign up for a plan that does not include advertising. Our Support Team can help you choose the plan that is right for you.

4. User's Representations and Warranties

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User hereby represents and warrants to LERNA, and agrees that during the Initial Term and any Term thereafter User will ensure that:

User is the owner or valid licensee of the User Content and each element thereof, and User has secured all necessary licenses, consents, permissions, waivers and releases for the use of the User Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by LERNA to pay any fees, residuals, guild payments or other compensation of any kind to any Person;
User's use, publication and display of the User Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated;
User will comply with all applicable laws, rules and regulations regarding the User Content and the User Web site and will use the User Web site only for lawful purposes; and
User should use its best efforts to ensure that the User Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
User shall be solely responsible for the development, operation and maintenance of User's Web site, online store and electronic commerce activities, for all products and services offered by User or appearing online and for all contents and materials appearing online or on User's products, including, without limitation
the accuracy and appropriateness of the User Content and content and material appearing in its store or on its products,
ensuring that the User Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and
ensuring that the User Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. User shall be solely responsible for accepting, processing and filling User orders and for handling User inquiries or complaints. User shall be solely responsible for the payment or satisfaction of any and all taxes associated with its Web site and online store.

User grants LERNA the right to reproduce, copy, use and distribute all and any portion of the User Content to the extent needed to provide and operate the Services.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses Your account, whether or not the transactions were on Your behalf.

5. License

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User hereby grants to LERNA a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the Order:
digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the User Content; and

make archival or back-up copies of all User data and User information including, but not limited to, the User Content, User Email and the User Web site.

Except for the rights expressly granted above, LERNA is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with User.
LERNA, in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, User Content and/or Web site(s)), and/or (ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. User further agrees that LERNA shall not be liable to User for any loss or damages that may result from such conduct.

6. Billing and Payment

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User will pay to LERNA the service fees for the Services in the manner set forth in the Registration Form.

LERNA may increase the Service Fees (i) in the manner permitted in the service description and (ii) at any time on or after expiration of the Initial Term by providing ten (10) days prior written notice thereof to User.

The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on LERNA's net income). All such taxes may be added to LERNA's invoices for the fees as separate charges to be paid by User. All fees are fully earned when due and non-refundable when paid.

Unless otherwise specified, all initial fees shall be payable upon sign-up, and all subsequent fees and related charges shall be due and payable when billed, if by credit card, or if not by credit card, within thirty (30) days after the date of the invoice. If any invoice is not paid within seven (7) days after the date of the invoice, LERNA may charge User a late fee of $15.00 for; in addition any amounts payable to LERNA not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.

If LERNA collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if LERNA prevails in any action to which the User and LERNA are parties, User will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and LERNA's reasonable attorneys' fees.

If any check is returned for insufficient funds, LERNA may impose a minimum processing charge of $25.00.

In the event that any amount due to LERNA is not paid when due, LERNA, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.

There may be a minimum $50.00 charge to reinstate accounts that have been suspended or terminated.

There may be a minimum $35.00 charge for all credit card chargebacks.

User acknowledges and agrees that LERNA may pre-charge User's fees for the Services to its credit card supplied by User during registration for the Initial Term.

YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN SECTION.

7. Payment Policies - General

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Accounts will not be activated or reactivated without prior payment.

All hosting fees and domain name renewal fees are due on or before the due date of the renewing account and/or domain name.

Incomplete, incorrect or questionable signup information can result in an account being suspended or terminated or NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.

Any losses or expenses experienced by the User, due to actions taken by LERNA in response to Users non-payment, are not the responsibility of LERNA.

8. Payment Policies - Payment Processing

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LERNA's preferred method of payment is credit card.

By purchasing our hosting services, you are agreeing to allow LERNA to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan you select.

You grant LERNA permission to charge your credit card for any and all services you request, including, but not limited to, hosting and/or domain name renewals.

If we are unable to process a payment for your hosting plan by its due date, your account will be cancelled for non-payment and you will not be able to access your Web site or e-mail.

When an account is cancelled, all copies of the Web site and e-mail files are permanently and irretrievably removed from our servers.

If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees.

If we make any refunds due to charges you dispute with your credit card LERNA, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by LERNA as a result of your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation.

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.

9. Reseller or Licensor

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LERNA is acting only as a reseller or licensor of certain services, hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-LERNA Product"). LERNA shall not be responsible for any changes in the Services that cause the Non-LERNA Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-LERNA Product either sold, licensed or provided by LERNA to User or purchased directly by User used in connection with the Services will not be deemed a breach of LERNA's obligations under this Agreement. Any rights or remedies User may have regarding the ownership, licensing, performance or compliance of Non-LERNA Product are limited to those rights extended to User by the manufacturer of such Non-LERNA Product. User is entitled to use any Non-LERNA Product supplied by LERNA only in connection with User's permitted use of the Services. User shall use its best efforts to protect and keep confidential all intellectual property provided by LERNA to User through any Non-LERNA Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. User shall not resell, transfer, export or re-export any Non-LERNA Product, or any technical data derived therefrom, in violation of any applicable Singapore or foreign law.

10. Internet Protocol (IP) Address Ownership

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If LERNA assigns User an Internet Protocol ("IP") address for User's use, the right to use that IP address shall belong only to LERNA, and User shall have no right to use that IP address except as permitted by LERNA in its sole and absolute discretion in connection with the Services, during the term of this Agreement. LERNA shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to User by LERNA, and LERNA reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

11. Caching

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User expressly;

grants to LERNA a license to cache the entirety of the User Content and User's Web site, including content supplied by third parties, hosted by LERNA under this Agreement and
agrees that such caching is not an infringement of any of User's intellectual property rights or any third party's intellectual property rights.

12. CPU Usage

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User agrees that User shall not use excessive amounts of CPU processing on any of LERNA's servers. Any violation of this policy may result in corrective action by LERNA, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in LERNA's sole and absolute discretion. If LERNA takes any corrective action under this section, User shall not be entitled to a refund of any fees paid in advance prior to such action.

13. Bandwidth and Disk Usage

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LERNA provides Users with bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in LERNA's web pages describing the package of Services purchased at the time of purchase. In some cases, LERNA may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. LERNA reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. User agrees that such usage shall not exceed the amounts set by LERNA for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by LERNA as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with LERNA.

Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

LERNA will monitor User's use of bandwidth, disk usage and other resources. LERNA, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in LERNA's sole and absolute discretion.

If LERNA takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User's Web site, User Content and/or User's electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If LERNA learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, LERNA may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail.

User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. LERNA will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but LERNA does not take responsibility if e-mail notification(s) is not received by the User. LERNA reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds any such allotment.

14. Parked Domain Services

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In addition to the applicable terms and conditions contained herein:

If User signs up to register and park a domain name with LERNA, User agrees to pay LERNA the annual fee a set forth on our Web site (the "Parked Page Services"). User's annual billing date will be determined based on the month User establishes the Parked Page Services with LERNA. Payments are non-refundable. If for any reason LERNA is unable to charge User's payment method for the full amount owed LERNA for the service provided, or if LERNA is charged a penalty for any fee it previously charged to Your payment method, User agrees that LERNA may pursue all available remedies in order to obtain payment. User agrees that among the remedies LERNA may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to User of User's service. LERNA reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, User service issues that cannot be handled over e-mail but require personal service, and disputes that require legal services. These charges will be billed to the payment method we have on file for User.
User agrees to be responsible for notifying LERNA should User desire to terminate use of any of the Parked Page Services, including, but not limited to, those purchased. Notification of User's intent to terminate must be provided to LERNA no earlier than thirty (30) days prior to User's billing date but no later than ten (10) days prior to the billing date. In the absence of notification from User, LERNA will automatically continue the Parked Page Services indefinitely and will charge User's payment method that is on file with LERNA, at LERNA's then current rates. It is User's responsibility to keep their payment method information current, which includes the expiration date if using a credit card. In the event User terminates the Parked Page Services, moving their Web site off of the LERNA hosting servers is User's responsibility. LERNA will not transfer or FTP such Web site to another provider. Any change by User of their name-server is not deemed cancellation of the Parked Page Services.
LERNA will provide User with the Parked Page Services as long as User abides by the terms and conditions set forth herein and in each of LERNA's policies and procedures.
By using any of the Parked Pages Services, User agrees that LERNA may point the domain name or DNS to one of LERNA's or LERNA's affiliates web pages, and that they may place advertising on User's web page and that LERNA specifically reserves this right. User shall have no right to any compensation and shall not be entitled and shall have no right to receive any funds related to the monetization of User's Parked Pages.
User agrees to indemnify and hold harmless LERNA for any complications arising out of use of the Parked Page Services, including, but not limited to, actions LERNA chooses to take to remedy User's improper or illegal use of a Web site hosted by LERNA. User agrees not be entitled to a refund of any fees paid to LERNA if, for any reason, LERNA takes corrective action with respect to any improper or illegal use of the Parked Page Services.
If a dispute arises as a result of one or more of User's Parked Pages, User will indemnify, defend and hold LERNA harmless for damages arising out of such dispute. User also agrees that if LERNA is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Web site hosted by LERNA, that LERNA, in its sole discretion, may take whatever action LERNA deems necessary regarding further modification, assignment of and/or control of the Web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

15. InstallCentral Terms

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InstallCentral automates the installation of a given open source application. Users are free to install open source applications independently of InstallCentral by following the instructions provided by LERNA or the organization that developed the open source application. When a User uses an open source application, the User licenses it from the open source provider, not from LERNA.

We do not provide support for the application once the application has been successfully installed; we provide support only for the installation or upgrade process. Any support requests regarding actual use of the application must be directed to the organization or LERNA that developed the application.
The User is responsible for creating back-ups before upgrading to the next version.
We can not guarantee that the version we currently provide is the latest one being distributed by the vendor.
Any security risks including, but not limited to, hacking, phishing and information piracy are the sole responsibility of the User.
We reserve the right to discontinue applications managed by InstallCentral at any time.
InstallCentral applications are installed at the User's own risk. We can not be held liable for lost data or damage caused by open source applications provided through InstallCentral.

16. Standard and Private-Label Reseller Programs

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In addition to all terms and conditions described in this Agreement, the following shall also be applicable to LERNA Wholesale, Wholesale Plus and Private-Label Resellers;

The Reseller agrees, on behalf of both the Reseller and each User signed up by the Reseller, to comply with these Terms of Service.
In the event that a Reseller or a Reseller's User is determined to be in violation of the Terms of Service, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with the Terms of Service.
LERNA is not responsible for the actions or misrepresentations of Resellers. The Reseller hereby agrees to indemnify LERNA from and against any and all claims made by any User that result from the Reseller's misrepresentation, breach of the Terms of Service or other improper actions by the Reseller.
LERNA reserves the right to revise its Wholesale, Wholesale Pluse and Private-Label Reseller Programs, AUP and the Terms of Service at any time. Changes shall take effect when posted online.
Users who have been signed up by Resellers agree to operate their Web sites in accordance with the Terms of Service.
Resellers cannot make any modifications to the LERNA Terms of Service. Any such alterations shall be deemed a violation of the Terms of Service and could result in a cancellation of a Reseller's account(s). LERNA is not responsible for any modifications made to the Terms of Service by Resellers.
Resellers in the Wholesale Reseller Program assume all responsibility for billing and technical support for each of their Users. LERNA reserves the right to refuse inquiries made to the Support Team from the Customers of Resellers in the Wholesale Reseller Program.

17. Property Rights

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LERNA hereby grants to User a limited, non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use LERNA technology, products and services solely for the purpose of accessing and using the Services. User may not use LERNA's technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from LERNA to User any LERNA technology, and all rights, titles and interests in and to any LERNA technology shall remain solely with LERNA. User shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the LERNA.

LERNA owns all right, title and interest in and to the Services and LERNA's trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems ("Marks"). Noting in this Agreement constitutes a license to User to use or resell the Marks.

18. Disclaimer of Warranty

Published on Wed, 20 July 2011 11:51 |

User agrees to use all Services and any information obtained through or from LERNA, at User's own risk. User acknowledges and agrees that LERNA exercises no control over, and accepts no responsibility for, the content of the information passing through LERNA's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER WE NOR ANY OF OUR PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "RELATED PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WE PROVIDE. NO RELATED PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES 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, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USER OR STORED BY USER OR ANY OF USER'S USERS VIA THE SERVICES PROVIDED BY US NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.

19. Limited Warranty

Published on Wed, 20 July 2011 11:51 |

LERNA represents and warrants to User that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by LERNA generally to its other Users for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. User will be deemed to have accepted such Services unless User notifies LERNA, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. User's sole and exclusive remedy, and LERNA's sole obligation, for breach of the foregoing warranties shall be for LERNA, at its option, to re-perform the defective Services at no cost to User, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue User a credit in an amount equal to the current monthly service fees pro rated by the number of hours in which the Services have been interrupted. LERNA may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.

The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of LERNA's reasonable control; (b) that resulted from any actions or inactions of User or any third parties; or (c) that resulted from User's equipment or any third-party equipment not within the sole control of LERNA. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO USER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

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