Customer agrees that it will protect, indemnify, save and hold Server Surgeon harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against Server Surgpreon, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it’s customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Server Surgeon harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Server Surgeon’s Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Server Surgeon’s Services.
Governing Law, Jurisdiction, and Venue
The validity, interpretation, construction and performance of this agreement shall be governed by the laws of the State of Arizona. The Arizona state courts of Maricopa County, Arizona (or, if there is exclusive federal jurisdiction, the United States District Court for the District of Arizona) shall have exclusive jurisdiction and venue over any dispute arising out of this agreement, and customers hereby consent to the jurisdiction of such courts.
Customer’s Sole Remedy
Server Surgeon’s entire liability and Customer’s exclusive remedy shall be the refund of up to thirty (30) days of service.
Limitation of Liability
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH SERVER SURGEON IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY SERVER SURGEON OF THE RISK OF CUSTOMER’S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH CUSTOMER’S USE OF THE SOFTWARE AND DOCUMENTATION. ACCORDINGLY, CUSTOMER AGREES THAT SERVER SURGEON SHALL NOT BE RESPONSIBLE TO CUSTOMER FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICE OR DOCUMENTATION. Any provision herein to the contrary notwithstanding, the maximum liability of Server Surgeon to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any service delivered to Customer hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to Server Surgeon by Customer for thirty (30) days of service whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of Server Surgeon arising out of this agreement. The parties acknowledge that the limitations set forth in this agreement are integral to the amount of consideration levied in connection with the license of the services and documentation and any services rendered hereunder and that, were Server Surgeon to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
All payments after the first 30 days of service to Server Surgeon are nonrefundable, regardless of usage or reason. Any incorrect, overcharges or billing disputes must be reported within 60 days of the time the charge occurred. If you dispute a charge to your credit card issuer that, at Server Surgeon’s sole discretion is a valid charge under the provisions of our TOS, you agree to pay Server Surgeon an “Administrative Fee” of $100 per dispute.
Server Surgeon will not be responsible for any damages your business may suffer. Server Surgeon makes no warranties of any kind, expressed or implied for services we provide. Server Surgeon disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Server Surgeon and its representatives, contractors or employees. Server Surgeon reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
Server Surgeon furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer’s failure to comply with those laws will violate this policy. Finally, Server Surgeon wishes to emphasize that in accepting services, customers indemnify Server Surgeon for the violation of any law or Server Surgeon policy that results in loss to Server Surgeon or the bringing of any claim against Server Surgeon. This means that if Server Surgeon is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Server Surgeon, plus costs and reasonable attorneys’ fees.
Refusal of Service
Server Surgeon reserves the right at its sole discretion to refuse or cancel service. Violation of any of Server Surgeon’s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts may be terminated for any or no reason at all without any prior notice to the customer. Accounts terminated due to policy violations will not be refunded.
Server Surgeon will provide no service of any type for customers which host, promote or are in any way purposefully engaged in pornography (includes both hardcore and softcore pornography), gambling, warez, get-rich-quick, malicious software, hacking, spamming or any type of illegal activity or host content deemed inappropriate by our sole discretion.
We have no tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund.
Customer agrees that the waiver of any breach, or the failure to enforce these terms and conditions, at any time, shall not in any way affect, limit, or waive the right of Server Surgeon to thereafter to enforce and compel strict compliance by the other party regarding any of these terms and conditions.
If any one or more sections of these terms and conditions should ever be determined to be illegal, invalid, or otherwise unenforceable by reason of any law, statute, regulation, or public policy, then, to the extent and within the jurisdiction in which the section is illegal, invalid, or otherwise unenforceable, the section shall be limited or severed and deleted from these terms and conditions, and the remaining sections of these terms and conditions shall survive, remain in full force and effect and continue to be binding, and shall not be affected except as may be necessary to make sense of these terms and conditions, and shall be interpreted to give effect to these terms and conditions to retain validity of these terms and conditions.
We at Server Surgeon ensure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Server Surgeon, its representatives, contractors, and employees, for the purposes for which it was intended, for the benefit of the subscriber. We agree not to share or release such information for advertising or marketing purposes to any unaffiliated third party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored and handled at all times by authorized Server Surgeon staff members, representatives, contractors and employees only.
By subscribing to and/or utilizing our services, you agree to accept, comply, and understand all of our ‘Terms of Service and Policies’ in full.