INTRODUCTION
In this Service Agreement (“Agreement”), “you” and “your” refer to each customer (“Customer”) and its agents, including each person listed in your account information as being associated with your account, and “we”, “us” and “our” refer collectively to Plasma and its wholly-owned subsidiaries (“www.plasmacomp.com”). This Agreement explains our obligations to you, and your obligations to us in relation to the www.plasmacomp.com service(s) you purchase. By purchasing or otherwise applying for www.plasmacomp.com service(s), you agree to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional www.plasmacomp.com service(s) or to modify or cancel your www.plasmacomp.com service(s) (even if we were not notified of such authorization), this Agreement as amended covers any such service or actions. Additionally, you agree that each person listed in your account information as being associated with your account for any services provided to you (including, but not limited to, domain name registration services) is your agent with full authority to act on your behalf with respect to such services in accordance with the permissions granted, and that the Primary Contact and Account Administrative Contact for your account shall have the authority, without limitation, to terminate, transfer (where transfer is permitted by the Agreement), or modify such services or your account information, or purchase additional services. Any acceptance of your application(s) or requests for our services and the performance of our services will occur at our offices in Dallas, Texas, the location of our principal places of business. Except as otherwise expressly set forth in this Agreement, you agree that if you list, directly or by default, www.plasmacomp.com as a contact for your account and/or any of the services in your account, we have the right, without notice, to remove our name and/or information from any such account or service and to replace the same with the name and/or information provided by you for any other contact associated with that account or service.
SERVICES
Sections 1 through 29 apply to any and all www.plasmacomp.com services that you purchase. The terms and conditions set forth in the Schedules of this Agreement apply only to customers who have purchased www.plasmacomp.com services referenced in those Schedules. In the event of any inconsistency between the terms of Sections 1 through 29 and the terms of the Schedules, the terms of the Schedules shall control with regard to the applicable www.plasmacomp.com service. IMPORTANT NOTICE CONCERNING BUNDLED SERVICES: If you purchase www.plasmacomp.com services that are sold together as a “bundled” package (e.g., you select a Web Site package that includes both a domain name and a www.plasmacomp.com Web Site, as opposed to your purchasing such services separately), termination of any part of the services will result in termination of all www.plasmacomp.com services provided as part of the bundled package. Please see Section 10(d) of this Agreement for more information. You acknowledge and agree that some or all of the services you purchase or receive from us may be provided by one or more vendors, contractors or affiliates selected by www.plasmacomp.com in its sole discretion.
FEES, PAYMENT AND TERM OF SERVICE
As consideration for the services you purchased, you agree to pay www.plasmacomp.com the applicable service(s) fees set forth on our Web site at the time of your selection, or, if applicable, upon receipt of your invoice from www.plasmacomp.com. All fees are due immediately and are non-refundable, except as otherwise expressly noted in one or more of the Schedules to this Agreement. Customers who purchase Service(s) through outbound telemarketing and request cancellation of Service(s) within fourteen (14) days of purchase are entitled to a refund of all fees. Unless otherwise specified herein or on our Web site, each www.plasmacomp.com services like web design & web development in Dallas is for a one-year initial term and renewable thereafter for successive one to ten-year terms, as set forth during the renewal process. Any renewal of your services with us is subject to our then current terms and conditions, including, but not limited to, successful completion of any applicable authentication procedure, and payment of all applicable service fees at the time of renewal and in the case of domain name re-registration, the domain name registry’s acceptance of your domain name registration. Except with respect to service to which you subscribe on a monthly basis, we will endeavor to provide you notice prior to the renewal of your services at least fifteen (15) days in advance of the renewal date. Additional payment terms may apply to the www.plasmacomp.com services you purchase, as set forth in the applicable Schedules to this Agreement. We may provide you with an opportunity to “opt in” to our automatic renewal process in accordance with the instructions (and subject to your agreement to the terms and conditions pertaining to that process) on our Web site. You agree that if you use of our auto-renew service, we will attempt to renew your service approximately sixty (60) days prior to its expiration , for the same term then-currently in place for the service, and at the then-current price for the service. You acknowledge and agree that the renewal price may be higher or lower than the price you paid for the then-current term of the service, and that we are authorized to charge your credit card on file for the renewal of the service(s). In any event, you are solely responsible for the credit card information you provide to www.plasmacomp.com and must promptly inform www.plasmacomp.com of any changes thereto (e.g., change of expiration date or account number). In addition, you are solely responsible for ensuring the services are renewed. www.plasmacomp.com shall have no liability to you or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the services. In order to process a renewal under our auto-renew service, we may use third-party vendors for the purpose of updating the expiration date and account number of your credit card on file. Such third-party vendors maintain relationships with various credit card issuers and may be able to provide us with the updated expiration date and account number for your credit card by comparing the information we have on file with the information the third-party has on file. By selecting our auto-renew service, you acknowledge and agree that we may share your credit card information with such a third-party vendor for the purpose of obtaining any update to your credit card expiration date and account number. You agree to pay all value added, sales and other taxes (other than taxes based on www.plasmacomp.com income) related to www.plasmacomp.com services or payments made by you hereunder. All payments of fees for www.plasmacomp.com services shall be made in U.S. dollars. Set up fees, if any, will become payable on the applicable effective date for the applicable www.plasmacomp.com services. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less.
ACCURATE INFORMATION
You agree to:
(1) provide certain true, current, complete and accurate information about you as required by the application process; and
(2) maintain and update according to our modification procedures the information you provided to us when purchasing our services as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services. You agree that www.plasmacomp.com (itself or through its third party service providers) is authorized, but not obligated, to use Coding Accuracy Support System (CASS) certified software and/or the National Change of Address program (and/or such other systems or programs as may be recognized by the United States Postal Service or other international postal authority for updating and/or standardizing address information) to change any address information associated with your account (e.g., registrant address, billing contact address, etc.), and you agree that www.plasmacomp.com may use and rely upon any such changed address information for all purposes in connection with your account (including the sending of invoices and other important account information) as though such changes had been made directly by you.
PRIVACY
Our privacy statement, (a) for Web sites and/or value added services purchased through www.www.plasmacomp.com is located on our Web site at http://www.www.plasmacomp.com/privacy.aspx and is incorporated herein by reference, as it is applicable to such Web site purchases (other services purchased through www.www.plasmacomp.com, including, but not limited to, domain name registrations, are covered by the privacy statement set forth on our Web site. The applicable privacy statement sets forth your and our rights and responsibilities with regard to your personal information. You agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statement on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by using our services after modifications to the privacy statement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us except as otherwise expressly provided in one or more of the Schedules attached hereto. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to:
(i) the purposes for which such third party’s personal data has been collected,
(ii) the intended recipients or categories of recipients of the third party’s personal data,
(iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and
(iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information.
OWNERSHIP
Except as otherwise set forth herein, all right, title and interest in and to all,
(i) registered and unregistered trademarks, service marks and logos;
(ii) patents, patent applications, and patentable ideas, inventions, and/or improvements;
(iii) trade secrets, proprietary information, and know-how;
(iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired;
(v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and
(vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the www.plasmacomp.com services identified herein (“www.plasmacomp.com Intellectual Property Rights”) are owned by www.plasmacomp.com or its licensors, and you agree to make no claim of interest in or ownership of any such www.plasmacomp.com Intellectual Property Rights. You acknowledge that no title to the www.plasmacomp.com Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the www.plasmacomp.com or its licensors’ service, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by www.plasmacomp.com and all right, title and interest in and to each such Derivative Work shall automatically vest in www.plasmacomp.com. www.plasmacomp.com shall have no obligation to grant you any right in any such Derivative Work.
EXCLUSIVE REMEDY
Time Limitation on Filing Any Claim. You Agree That Our Entire Liability, And Your Exclusive Remedy, In Law, In Equity, or Otherwise, With Respect To any www.plasmacomp.com Service(s) Provided Under This Agreement and/or for Any Breach of this Agreement is Solely Limited to the Amount you paid for such Service(s) During the term of this Agreement. In no event shall www.plasmacomp.com, Its Licensors and Contractors (Including, but not Limited to, Third parties providing Services as part of the Subscription Service for Websites from www.plasmacomp.com) be Liable for any Indirect, Incidental, Special or Consequential Damages even if www.plasmacomp.com has been advised of the Possibility of such Damages. To the extent that a State does not Permit the Exclusion or Limitation of liability as set forth herein www.plasmacomp.com’s Liability is Limited to the Extent Permitted by Law in such States. www.plasmacomp.com and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to:
(1) loss or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data mis-delivery;
(3) loss or liability resulting from acts of god;
(4) loss or liability resulting from the unauthorized use or misuse of your account number, password or security authentication option;
(5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement;
(6) loss or liability relating to the deletion of or failure to store e-mail messages;
(7) loss or liability resulting from the development or interruption of your web site or your www.plasmacomp.com web site;
(8) loss or liability from your inability to use our e-mail service, web site manager service or any component of the subscription service (for websites from www.plasmacomp.com);
(9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agent’s failure to pay any fees, including the initial registration fee or reregistration fee;
(10) loss or liability as a result of the application of our dispute policy; or
(11) loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in xml, xkms, or any other standard not under www.plasmacomp.com sole control. You Agree That Regardless of any Statute or Law to the Contrary, Any Claim OR Cause of Action Arising Out of or Related to this Agreement or any of our Services must be filed within one (1) Year After Such Claim or Cause of Action Arose or Such Claim Shall be Forever Barred.
DISCLAIMER OF WARRANTIES
You agree that Your use of Our Service(s) or Our Licensors’ Services is Solely at Your Own Risk. You Agree that all of such Services are provided on an “AS IS,” and “AS Available” Basis, Except as Otherwise Noted in this Agreement. We and Our Licensors Expressly Disclaim All Warranties of any kind, Whether Express or Implied, Including But Not Limited to the Implied warranties of Merchantability, Fitness for a Particular Purpose and Non-Infringement. Neither www.plasmacomp.com nor Our Licensors make any Warranty that Service(s) Licensed hereunder will Meet Your Requirements, or that the Service(s) will be Uninterrupted, Timely, Secure, or Error Free; nor do We or Our Licensors make any Warranty as to the Results that may be Obtained from the use of the Service(s) or as to the Accuracy or Reliability of any Information Obtained through Our Services. You Understand And Agree that any Material And/Or Data Downloaded Or Otherwise Obtained Through the use of our Services is Done at Your Own Discretion and Risk and that You will be Solely Responsible for any Damage to your Computer System or Loss of Data That Results from the Download of such Material And/Or Data. We Make No Warranty Regarding any Goods or Services Purchased or Obtained through any of Our Services or any Transactions Entered Into Through such Services. No Advice or Information, Whether Oral or Written, Obtained by You from Us or Through Our Services Shall Create any Warranty not Expressly made Herein, You may not Rely on any Such Information or Advice. To the Extent Jurisdictions do not Allow the Exclusion of Certain Warranties, Some of the above Exclusions may not Apply to You. We are not Responsible for and shall have no Liability with Respect to any Products And/Or Services Purchased by You from a Third Party.
INDEMNITY
You agree to release, indemnify, defend and hold harmless www.plasmacomp.com and any of our (or their) contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising out of
(a) this Agreement or the breach of your warranties, representations and obligations under this Agreement,
(b) the www.plasmacomp.com services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer,
(c) any intellectual property or other proprietary right of any person or entity,
(d) a violation of any of our operating rules or policies relating to the service(s) provided,
(e) any information or data you supplied to www.plasmacomp.com, including, without limitation, any misrepresentation in your application, if applicable,
(f) the inclusion of meta-tags or other elements in any website created for you or by you via the www.plasmacomp.com services, or
(g) any information, material, or services available on your licensed www.plasmacomp.com Web Site. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. We shall have the right to participate in any defense by you of a third-party claim related to your use of any of the www.plasmacomp.com services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.
TERMINATION
- By You. You may terminate this Agreement upon at least thirty (30) days written notice to www.plasmacomp.com for any reason.
- By Us. We may terminate this Agreement or any part of the www.plasmacomp.com services at any time in the event you breach any obligation hereunder, fail to respond within ten (10) calendar days to an inquiry from us concerning the accuracy or completeness of the information referred to in Section 4 of this Agreement, if we determine in our sole discretion that you have violated the www.plasmacomp.com Terms of Use Policy, which is located on our Web site at http://www.www.plasmacomp.com/terms.aspx and is incorporated herein and made part of this Agreement by reference, or upon thirty (30) days prior written notice if we terminate or significantly alter a product or service offering.
- Effect of Termination. Except as otherwise expressly set forth herein or on our Web site, www.plasmacomp.com will cease charging your credit card, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by www.plasmacomp.com, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time, as provided in various Schedules below). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs www.plasmacomp.com incurs in closing your account. You agree to pay any and all costs incurred by www.plasmacomp.com in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the www.plasmacomp.com service, if applicable. In addition to the terms set forth herein, certain www.plasmacomp.com services may have additional terms regarding termination, which are set forth in the applicable Schedule.
- Effect of Termination of Bundled Services. In addition to the terms set forth in subsection 10(c) above, if you purchase www.plasmacomp.com services which are sold together as part of a “bundled” package of services, any termination relating to such bundle will terminate all www.plasmacomp.com services included in such bundle. For instance, any domain name registered with or maintained by www.plasmacomp.com under this Agreement (but not including any domain names you may have registered, either with www.plasmacomp.com or a third-party registrar, separately and not as part of a bundled service) will be cancelled and may thereafter be available for registration by another party. Upon the effective date of termination, www.plasmacomp.com will no longer provide the bundled services to you, any licenses granted you shall immediately terminate, and you shall cease using such services immediately; provided, however, that we may, in our sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees, allow you to convert certain services included in the bundled services to stand alone services.
REPRESENTATIONS AND WARRANTIES
You agree and warrant that: (i) neither your registration nor use of the any of the www.plasmacomp.com services nor the manner in which you intend to use such www.plasmacomp.com services will directly or indirectly infringe the legal rights of a third party, (ii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, (iii) you have selected the necessary security option(s) for your domain name registration record, (iv) you are of legal age to enter into this Agreement (or you are at least 13 years of age and have your parents’ permission to apply for services hereunder); and (vi) you agree to comply with all applicable laws and regulations.
MODIFICATIONS TO AGREEMENT
Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the service(s) on www.plasmacomp.com Web sites, or upon notification to you by e-mail or United States mail. You agree to periodically review our Web sites, including the current version of this Agreement available on our Web sites, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are nonrefundable, except as expressly noted otherwise in one or more of the Schedules to this Agreement, but you will not incur any additional fees. By continuing to use www.plasmacomp.com services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of www.plasmacomp.com is authorized to alter or amend the terms and conditions of this Agreement.
ACCOUNT ACCESS
To access or use the www.plasmacomp.com services or to modify your account, you may be required to establish an account and obtain a login name, account number, password and/or passphrase. You authorize us to process any and all account transactions initiated through the use of your password and/or passphrase. You are solely responsible for maintaining the confidentiality of your password and passphrase. You must immediately notify us of any unauthorized use of your password or passphrase, and you are responsible for any unauthorized activities, charges and/or liabilities made through your password or passphrase. In no event will we be liable for the unauthorized use or misuse of your login name, account number, password or passphrase. You agree that we may log off any account that is inactive for an extended period of time.
AGENTS
You agree that, if your agent, (e.g., your Primary Contact or Account Administrative Contact, Internet Service Provider, employee) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the domain name dispute policy. Your continued use of our services ratifies any unauthorized actions of your agent. By using your login name, account number or password, or otherwise purporting to act on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement, that he or she has apprised you of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your agent.
RESERVED
RIGHT OF REFUSAL
We, in our sole discretion, reserve the right to refuse to register your chosen domain name, issue you a digital certificate, or register you for other www.plasmacomp.com service(s), or to delete your chosen domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we do not register your chosen domain name, issue you a digital certificate, or register you for other www.plasmacomp.com service(s), or we delete your chosen domain name or other www.plasmacomp.com service(s) within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register your chosen domain name, refusal to issue a digital certificate, the deletion of your chosen domain name or refusal to register you for other www.plasmacomp.com service(s).
NOTICES AND ANNOUNCEMENTS
Except as expressly provided otherwise herein, all notices to www.plasmacomp.com shall be in writing and delivered via overnight courier or certified mail, return receipt requested to www.plasmacomp.com, Attention: Legal Department, 5001 LBJ Freeway Suite 700 Dallas, Texas 75244. All notices to you shall be delivered to your mailing address or e-mail address as provided in your account information (as updated by you pursuant to this Agreement) or to any e-mail address associated with your domain name registration(s) with www.plasmacomp.com. (b) You authorize us to contact you as our customer via telephone, at the number provided by you in your account information (as updated by you pursuant to this Agreement), which telephone number is incorporated herein by reference, e-mail or postal mail regarding information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails, telephone solicitations and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters.
SEVERABILITY
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
ENTIRE AGREEMENT
You agree that this Agreement, the rules and policies incorporated by reference in this Agreement (including, without limitation, the dispute policy and the privacy statement) are the entire, complete and exclusive agreement between you and us regarding our services and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement, including, without limitation, any purchase order provided by you for the services.
ASSIGNMENT AND RESALE
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the services (or portion thereof) without www.plasmacomp.com prior express written consent.
GOVERNING LAW
a. You and www.plasmacomp.com agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Commonwealth of Texas, United States of America, excluding its conflict of laws rules. You and we each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for Dallas County, Dallas Texas for any disputes between you and www.plasmacomp.com under, arising out of, or related in any way to this Agreement (whether or not such disputes also involve other parties in addition to you and www.plasmacomp.com).
b. Reserved.
c. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement.
d. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
AGREEMENT TO BE BOUND
By applying for a www.plasmacomp.com service(s) through our online application process or otherwise, or by using the service(s) provided by www.plasmacomp.com under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
INDEPENDENT PARTIES
Neither party nor their employees, consultants, contractors or agents are agents, employees or joint ventures of the other party, and they do not have any authority to bind the other party by contract or otherwise to any obligation. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
WAIVER
No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of www.plasmacomp.com. The remedies of www.plasmacomp.com under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
EXPORT RESTRICTIONS
You acknowledge and agree that you shall not import, export, or re-export directly or indirectly, any commodity, including your products incorporating or using any www.plasmacomp.com services in violation of the laws and regulations of any applicable jurisdiction.
U.S. GOVERNMENT USERS
In the event any software is provided by www.plasmacomp.com to a U.S. Government User, the software and accompanying documentation which are used as part of the www.plasmacomp.com service are “commercial items,” as such terms are defined at 48 C.F.R. 2.101 (Oct 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sep 1995) and is provided to the U.S. Government only as a commercial end item. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (Jun 1995), all U.S. Government entities acquiring the use of the Service and accompanying documentation shall have only those rights set forth herein.
FORCE MAJEURE
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, www.plasmacomp.com may immediately terminate this Agreement.
HEADINGS
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
SURVIVAL
In the event this Agreement terminates as provided herein, Sections 1, 2, 3, 6, 7, 8, 9, 10(c), 10(d), 14, and 17 through 29 of this Agreement shall survive such expiration or termination.
