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| TERMS AND CONDITIONS | SERVICE TERMS AND CONDITIONS | |||||||||||||||
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IMPORTANT - PLEASE READ CAREFULLY: By clicking on the "submit" button, you agree to the terms of this agreement (the "Agreement") made effective as of the date iASPire.Net Pte Ltd confirms its acceptance of this Agreement to you (the "Effective Date") by and between iASPire.Net Pte Ltd, a company incorporated in Singapore with its principal place of business at Block 750C #03-10, Chai Chee Road. Singapore 469003. ("iASPire.Net Pte Ltd"), and you ("Customer"). WHEREAS, iASPire.Net Pte Ltd hosts web sites, provides domain name email and other services (the "Services"). Customer desires that iASPire.Net Pte Ltd provide such Services to Customer. iASPire.Net Pte Ltd and Customer agree as follows: 1. DUTIES Customer must (i) provide iASPire.Net Pte Ltd with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to iASPire.Net Pte Ltd all changes to this information within ten (10) days of the change. Customer is responsible for any charges to Customer's account. Customers having questions regarding charges to an account should contact iASPire.Net Pte Ltd's Customer Service Department at +65 6580-1920. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old. Charges are billed to Customer's credit cards or debit cards, as applicable, in accordance with the payment option selected. iASPire.Net Pte Ltd is not responsible for any charges or expenses (e.g for overdrawn accounts, dishonored cheques, exceeding credit card limits, etc.) resulting from charges billed by iASPire.Net Pte Ltd and all authorized charges are non-refundable. Current prices for the Services are posted throughout iASPire.Net Pte Ltd's web site at www.iaspire.net. iASPire.Net Pte Ltd reserves the right to change prices and institute new fees at any time.Customer acknowledges and agrees that all fees paid by Customer to iASPire.Net Pte Ltd for the Services are non-refundable. 2. WARRANTIES AND INDEMNIFICATION (a) Warranties of Customer. Customer represents and warrants to iASPire.Net Pte Ltd that: (i) it is at least 21 years of age (if an individual) and has all authority to enter into this Agreement; and (ii) it is and will remain in compliance with all applicable laws and regulations. (b) Disclaimer of Warranties. THE SERVICES ARE PROVIDED "AS IS" AND IASPIRE.NET PTE LTD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (c) Indemnification. Customer agrees to defend, indemnify, and hold harmless iASPire.Net Pte Ltd from any and all claims, liabilities, costs or expenses, including reasonable attorney fees resulting from the Customer's acts or failures to act. (d) Limitation of Liability. IN NO EVENT SHALL iASPIRE.NET PTE LTD BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THIS AGREEMENT. 3. TERM AND TERMINATION This Agreement shall continue unless terminated earlier in accordance with the terms hereof. Either party may terminate this Agreement upon a material breach by the other if the matter is not corrected within ten (10) days of written notice of intent to terminate. iASPire.Net Pte Ltd reserves the right to terminate the Agreement in the event Customer engages in any practices iASPire.Net Pte Ltd deems objectionable or harmful to its interests including the sending of unsolicited messages or advertisements or posting content that is pornographic, offensive or that violates a third party's proprietary rights. iASPire.Net Pte Ltd reserves the right to change the terms of the Services and/or this Agreement. The provisions of Sections 3 through 6 shall survive the termination of this Agreement. 4. CONFIDENTIALITY Each party agrees that it will hold in strictest confidence, and will not use or disclose to any third party, except as permitted by this Agreement, any confidential information of the other party. 5. MISCELLANEOUS Failure of either party to perform, if caused by any act or thing beyond the reasonable control of that party, shall excuse that party from its obligation to perform. This Agreement is one between independent contractors, and shall not create any agency or other relationship between the parties. This Agreement shall be governed by the laws of Singapore. Neither party shall assign this Agreement or any rights hereunder without the prior written consent of the other party; provided, however, that iASPire.Net Pte Ltd may assign this Agreement to an affiliate or to any party that succeeds by operation of law to, or otherwise acquires substantially all of its assets, or into which it is merged. This Agreement is intended to be the parties' complete, integrated expression of the terms of their agreement with respect to its subject matters, and any prior agreements are superseded hereby. No waiver of any term or provision of this Agreement or right hereunder shall be valid unless the waiver is in a signed writing. If any provision of this Agreement shall be found to be unenforceable, the remainder of this Agreement shall not be affected. All notices and demands hereunder shall be in writing and shall be served by confirmed facsimile, personal service or by mail or e-mail to the receiving party at the address provided by that party. 6. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS It is the policy of iASPire.Net Pte Ltd to respond expeditiously to claims of intellectual property infringement. IASPire.Net will promptly process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws. Upon receipt of evidence, to iASPire.Net Pte Ltd’s satisfaction, indicating any alleged infringement of the intellectual property rights of any third party, iASPire.Net Pte Ltd may, in its sole discretion, act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and iASPire.Net Pte Ltd will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. iASPire.Net Pte Ltd may terminate access for individuals or entities that are repeat infringers. | |||||||||||||||
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