WEB HOSTING
LAS/OFFICEPROS PROVIDES THE SERVICE ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.
While LAS makes reasonable efforts to maintain the service, many factors are
not within LAS's control. Therefore, LAS does not warrant, and is not responsible
for (even if caused by the negligence of LAS) any loss of data, delays, non-delivery
or misdelivery of information, lack of access, slows response time, or service
interruptions or errors. Loss, delay or non-delivery of data can be due to but
not limited to LAS's own negligence, viruses or other third parties. Customer's
data is defined as any data held by LAS and includes account information, web
hosting data, email and domain name services. This disclaimer and waiver shall
apply equally to any and all third party providers. LAS provides no warranty
to customer regarding the accuracy of usage statistics, which LAS may provide
in its discretion. Further, no advice or information given by an LAS representative
shall create a warranty or serve as an amendment to this agreement.
LAS has the right to change prices, or add or delete product features of any
existing product or service. The right to change products or services extends
to any software supporting a product or service. LAS reserves the right to change
prices or material features at any time upon 30 days prior notice. LAS reserves
the right to institute new fees or new material features at any time upon 30
days prior notice. LAS has the right to discontinue products or services and
the right to remove or reassign IP addresses of a customer's web site. LAS also
has the right to deactivate a customer's service with a thirty (30) day notice.
Except for certain products and services specifically identified as being offered
by LAS, LAS does not control any materials, information, products, or services
on the Internet. The Internet contains unedited materials, some of which are
sexually explicit or may be offensive to you. LAS has no control over and accepts
no responsibility for such materials. You assume full responsibility and risk
for use of the services and the Internet and are solely responsible for evaluating
the accuracy, completeness, and usefulness of all services, products, and other
information, and the quality and merchantability of all merchandise provided
through the service or the Internet.
Limitation of Liability and Damages. THE TOTAL AGGREGATE LIABILITY OF
LAS TO CUSTOMER SHALL BE LIMITED TO THE AMOUNT PAID TO LAS BY CUSTOMER HEREUNDER
DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM IN WHICH LAS IS LIABLE
TO CUSTOMER. IN NO EVENT SHALL LAS BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS,
REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT,
OR OTHERWISE AND WHETHER OR NOT LAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Confidentiality. Customer acknowledges that by reason of its relationship
with LAS, it may have access to certain information and materials relating to
LAS's business, customers, software technology and marketing which LAS treats
as confidential (collectively "Confidential Information"). Customer
shall: (i) hold in confidence, and not disclose or reveal to any person or entity,
any Confidential Information without the clear and express prior written consent
of a duly authorized representative of LAS; and (ii) not use or disclose any
of the Confidential Information for any purpose at any time, other than for
the limited purpose of performance under this Agreement. These obligations shall
continue indefinitely for so long as the Confidential Information is a trade
secret under applicable law and shall continue for two (2) years following termination
of this Agreement with respect to Confidential Information, which does not rise
to the level of a trade secret.
Indemnification. Customer shall indemnify and hold LAS harmless against
all third party claims, demands, suits, actions, judgments, losses, costs, damages
(direct, indirect and consequential), attorney's fees and expenses that Company
may sustain or incur by reason of any breach or alleged breach of any term or
condition of this Agreement (including reasonable attorney's fees) and for any
act or omission of Customer or its clients which are in any way related to the
LAS Service.
Term and Termination.
A.This Agreement shall have an initial term of one (1) month and shall thereafter
automatically renew for successive one (1) month periods. This Agreement and
Customer's access to the LAS Services shall terminate as follows: (i) Either
party may terminate upon thirty (30) days prior notice; (ii) LAS may immediately
and without prior notice terminate upon a violation by Customer of LAS's acceptable
use policies; (iii) LAS may terminate immediately and without prior notice LAS
may terminate immediately if, after 15 days prior notice to Customer, Customer
has failed to correct any breach of this Agreement.
B.Upon any termination, LAS shall permit Customer forty-eight (48) hours to
download or otherwise copy any of Customer's information and data residing on
LAS's facilities prior to removing such information and data from LAS's facilities.
Upon termination LAS may immediately remove all of Customer's data and information
from LAS's facilities and Customer shall have no right to copy or download such
data or information, and, in such event, all such information and data, including
all copyrighted or copyrightable material therein, shall then become the property
of LAS. In cases where Customer's account has been cancelled, and Customer is
requesting reactivation, LAS, at it's option, may reactivate the same account,
only if the account had been cancelled less than sixty (60) days prior. After
sixty (60) days, Customer will be required to set up a new account.
C.To cancel an LAS web hosting, domain name services or electronic commerce
services, Customer should call the LAS toll-free number at 626-255-6022 or send
a request via mail to LAS, 624 S. Grand Ave. Suite 1100, Los Angeles CA 90017,
Attention: Web Hosting Cancellations. For assurance of delivery, LAS recommends
that requests for cancellation are sent via certified mail.
Software
The software available for download through Internet sites ("Software") published by Link and Search, is provided by third party software vendors pursuant to license agreements or other arrangements between such vendors and the end user. Link and Search does not sell, resell, or license any Software, and Link and Search disclaims any responsibility for or liability related to Software. Any questions, complaints or claims related to Software should be directed to the appropriate vendor.
THE SOFTWARE IS PROVIDED BY Link and Search "AS IS" AND "WITH ALL FAULTS." Link and Search MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THE SOFTWARE, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, Link and Search MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY STATEMENTS, INFORMATION OR MATERIALS CONCERNING THE SOFTWARE THAT IS CONTAINED IN Link and Search's INTERNET SITES. IN NO EVENT WILL Link and Search BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE AND EVEN IF Link and Search HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
There are inherent dangers in the use of any software available for download on the Internet, and Link and Search cautions you to make sure that you completely understand the potential risks before downloading Software. You are solely responsible for adequate protection and backup of the data and equipment used in connection with Software, and Link and Search will not be liable for any damages that you may suffer in connection with using, modifying or distributing Software.
The Software is subject to United States export control laws and may be subject to export or import regulations in other countries. You are responsible for strict compliance with such laws and regulations in connection with Software that you download and for obtaining any licenses or permits required to export, re-export or import such Software.
Be advised: shareware and trial software products have their own conditions regarding usage and licensing, and you are required to understand and agree to any stated terms prior to use.