This document includes the terms and conditions that apply to the use of the services and products available through SERVERS FACTORY LLC.
Terms and Conditions of Use
IMPORTANT – READ CAREFULLY: BY CLICKING THE “I agree with the terms and conditions” CHECKBOX, OR BY ACCESSING OR OTHERWISE USING ANY SERVICES PROVIDED BY SERVERS FACTORY LLC, YOU EXPRESSLY AGREE TO BE BOUND BY, AND TO ENSURE THAT YOUR EMPLOYEES, AGENTS, AND CONTRACTORS STRICTLY ADHERE TO ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE ANY SERVICES PROVIDED BY SERVERS FACTORY LLC.
This Terms and Conditions of Use Agreement (“Agreement”) is entered into by and between Servers Factory LLC (“Servers Factory”), a Delaware limited liability company, with its principal place of business at [insert], and you ( “Customer”), as of the date of your electronic sign up and agreement to abide by the terms of this Agreement (the “Effective Date”). Each party is individually referred to in this Agreement as a “Party” and collectively as the “Parties.”
This Terms and Conditions of Use Agreement (“Agreement”) is entered into by and between Servers Factory LLC (“Servers Factory”), a Delaware limited liability company, with its principal place of business at 200 Continental Dr #401, Newark, DE 19713, United States of America, and you ( “Customer”), as of the date of your electronic sign up and agreement to abide by the terms of this Agreement (the “Effective Date”). Each party is individually referred to in this Agreement as a “Party” and collectively as the “Parties.
In consideration of the benefits and obligations exchanged in this Agreement, the Parties agree as follows:
a. “Agreement” means this Terms and Conditions of Use Agreement, including any addenda thereto.
b. “Blacklist” means any listing of Internet Protocol addresses, individuals or entities identified by a third party (i.e. Barradcuda, Spamcop, Spamhaus) as a disseminator of unsolicited commercial email or “SPAM.”
c. “Confidential Information” means all information disclosed by a Party to the other Party, after the Effective Date of this Agreement, that the receiving Party should reasonably understand to be confidential, including all information transmitted through or stored on or through the Proxy Server, the applicable pricing for the IPs, Proxy Server, and/or Services, the specific terms of this Agreement, and any other proprietary information of a Party, whether communicated in writing or orally. Confidential Information does not include: i) information that was already known to the receiving Party, other than under an obligation of confidentiality, at the time of disclosure; ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving Party; iii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the receiving Party in breach of this Agreement; iv) was disclosed to the receiving Party other than under an obligation of confidentiality, by a third party who had no obligation to not disclose such information; and v) information independently developed without any reference to Confidential Information.
d. “Customer Data” means any data, information, files, website, communications, or material which Customer transmits to Servers Factory directly, or transmits through the Services.
e. “Fees” means the applicable fees listed in the Order Form, or as otherwise agreed upon by the Parties, which Servers Factory charges to Customer for its use of the Proxy Server and/or Services.
f. “Intellectual Property Rights” means all patents, patent rights, inventions (whether patentable or not) design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and trade secret rights, and all other intellectual property rights and derivatives thereof.
g. “IPs” means Internet Protocol addresses that are leased by Servers Factor to Customer subject to the terms of this Agreement.
h. “Order Form” means the separate order form agreed upon by the Parties, which details the Fees and any additional terms regarding the specific Services to be provided to Customer by Servers Factory.
i. “Proxy Server” means the proxy server hosted by Servers Factory and provided to Customer pursuant to the terms of this Agreement.
j. “Site” means https://serversfactory.com/.
k. “Services” means Customer’s leasing, and use, of IPs and/or Proxy Servers from Servers Factory and use thereof and related support services, and any additional services agreed upon by the Parties. The Services provided hereunder shall be used by Customer strictly in accordance with this Agreement.
Subject to Customer’s material compliance with this Agreement and payment of all Fees for the Services, Servers Factory may provide Customer with the following Services:
a. IPs: a limited, worldwide, revocable, non-exclusive, non-transferable license to utilize the IPs specified in the Order Form and which are provided hereunder. Any specifics regarding the IPs, including but not limited to the quantity, applicable Fees, block numbers, domain restrictions, and any other criteria will be specified in the Order Form. Except as expressly permitted herein, Customer acknowledges and agrees that it shall acquire no ownership or other rights to the IPs and that Servers Factory shall have all right, title, and interest in and to the IPs. During Customer’s use of the IPs and Services hereunder, to the extent that any of the IPs licensed hereunder get added to a Blacklist, Customer shall pay Servers Factor, as liquidated damages, an amount equal to the Fees paid by Customer during the preceding one (1) month period (“Blacklist Fees”). In addition to the Blacklist Fee, Servers Factor may also immediately terminate this Agreement and declare Customer in breach.
b. Proxy Server: Servers Factory will provide Customer with the agreed upon monthly bandwidth as specified in the Order Form. To the extent that Customer’s monthly use exceeds the agreed upon allotted bandwidth, Customer may contact Servers Factory to order additional bandwidth. The Proxy Server has a default setting of Port 25 blocked, so as to prevent the sending of unsolicited commercial email (“SPAM”) through the use of the Proxy Server and Services.
Servers Factory agrees to use commercially reasonable efforts to protect any Customer Data, including any personal information, from breach, loss, or other unauthorized disclosure; to detect software viruses and other undesirable components; and to promptly take all reasonable steps to remove or neutralize any such components however it is Customer’s responsibility to regularly back up Customer Data and Servers Factory disclaims all liability for any loss of Customer Data. In addition, Customer acknowledges that hackers or other persons with malicious intent may attempt to access, interrupt, or interfere with the Proxy Server and the Service and agrees that Servers Factory shall not be responsible or liable for such third party actions.
The Proxy Server has an uptime guarantee of 99%. In the event that Servers Factory fails to meet this guarantee, Customer may request a credit of up to 5% of its Fees related to use of the Proxy Server for the impacted month. This uptime guarantee does not apply to service interruptions caused by periodic scheduled maintenance or repairs; interruptions caused by Customer; outages that do not affect Customer’s website; causes beyond Servers Factory’s control or which are not reasonably foreseeable; and outages related to the reliability of certain programming environments.
Customer Responsibilities; Customer Representations and Warranties.
Customer represents and warrants that:
a. It has the legal power and authority to enter into this Agreement;
b. It is solely responsible for its use of and all activity occurring on and through the Services;
c. It is responsible for maintaining the security of its account login and password. Customer agrees that it will immediately notify Servers Factory if it becomes aware of any unauthorized or improper use of the Services, or any loss or theft or unauthorized use of Customer’s password or account information;
d.It will abide by all applicable laws, treaties, regulations, and third party rights in connection with its use of or the Services, including, without limitation, those related to Intellectual Property Rights, SPAM, data privacy, international communications, and the transmission of technical or personal data;
e. It shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and ownership of all Customer Data stored and/or transmitted through the Services;
f. It will use the Services carefully, consistent with all commercially reasonable precautions to prevent any loss or damage to the Services. If any unauthorized or improper access or use occurs, Customer agrees to take all necessary action to stop such unauthorized or improper access or use. Customer agrees that Servers Factory shall not be responsible or liable for any deletion, destruction, damage or loss of any Customer Data;
g. It will be responsible for maintaining archival and backup copies of any data stored on the Proxy Server, including its Customer Data; and
h. In connection with its use of the IPs, Proxy Server, and the Services, Customer will not:
h.i. (Except in connection with permitted licensing and/or sublicensing), transfer, assign, license, sublicense, sell, resell, distribute, or provide access to, the Services to any third party;
h.ii. Duplicate, translate, disassemble, decompile, reverse engineer, disassemble, or modify the Services or create any derivative works, improvements or enhancements to such;
h.iii. Transmit, promote, store or use on or through the use of the Services any infringing, illegal, abusive, obscene, vulgar, pornographic, threatening, harassing, defamatory, libelous, harmful, or otherwise unlawful or tortious material, including, without limitation, material that is harmful to children, violates third party privacy rights, or is racially, ethnically, politically, or otherwise objectionable;
h.iv. Use the Services for any unlawful or illegal purposes, including but not limited to misleading any person as to the identity, source, or origin of a communication, or to impersonate another person or entity;
h.v. Interfere with or attempt to disrupt the integrity or performance of the Services, or their availability to other third parties;
h.vi. Attempt to gain unauthorized access to the Services or Servers Factory ’s related systems, servers, or networks;
Transmit, promote, upload, store, use, or send material on or through the Services containing viruses, worms, Trojan horses, malware, spyware, or other harmful computer code, files, scripts, agents or programs;
h.vii. Change the default settings of the Services, or engage in any bulk emailing, sending of unsolicited email or SPAM;
h.viii. Cause the listing of any IPs on any Blacklist;
h.ix. Engage in any infringement of Intellectual Property Rights;
h.x. Utilize botnets, grabbing, phishing, or any illegal content or software;
h.xi. Utilize torrent-clients and trackers;
h.xii. Utilize open proxy, open VPN, or open DNS resolving services;
h.xiii. Utilize network scanners, proxy-checkers or other similar software;
h.xiv. Host unlicensed content and link to it, even if stored separately from the Proxy Server; r
h.xv. Take any action to limit or interfere in any way with Servers Factory’s ownership of or rights with respect to the IPs or Proxy Server; or
h.xvi. Utilize any kind of cryptocurrency mining software.
During the term of this Agreement, Customer will have access to online support for the Services. Customer agrees to generate only one support request ticket per issue, and to include only one issue per ticket. In the event that multiple support request tickets are opened by Customer, Servers Factory may consolidate the related support request tickets and reply to Customer through a single support request ticket. Servers Factory will exercise its best efforts to provide Customer with a response to new support request tickets typically within 60 minutes up to eight (8) hours. Response times run from the time a new support ticket is created in Servers Factory’s helpdesk until the time a support engineer logs an initial response within the support ticket. Given the wide range of potential issues of varying complexity that may be involved with the Services, certain issues may require Servers Factory to create a support ticket with its third-party vendors, to resolve a Customer issue. Therefore, Servers Factory is unable to guarantee a maximum resolution time for all Customer support requests.
Term and Termination
Unless otherwise agreed upon by the Parties, the term of this Agreement shall commence on the Effective Date and continue until terminated by either Party.
Servers Factory may suspend and/or terminate Customer’s access to the Services (a) for any reason by providing Customer with at least thirty (30) days prior written notice, with termination effective thirty (30) days after the notice is given; or (b) immediately, if in Servers Factory’s sole discretion, Customer has breached any provision of this Agreement, or is otherwise required by law to do so. Customer may terminate this Agreement for any reason by providing Servers Factory with at least thirty (30) days prior written notice, with termination effective thirty (30) days after the notice is given. Notice may be given to Servers Factory via email at [insert email address], or to Customer at the email address provided at the time of its sign-up for the Services. Where either Party provides at least thirty (30) days prior written notice and where Customer is not in breach of this Agreement, Servers Factory will provide a pro-rated refund for any Fees which have been prepaid but which are unused. In the event of termination by Servers Factory under subpart (b), Customer will not be entitled to any refund whatsoever, including for any Fees which have been prepaid.
Upon termination of this Agreement, Customer shall: a) discontinue all use of the Services; b) cease use of the IPs and server names previously assigned to it in connection with the Services (including pointing the DNS for its domain name(s) away from Servers Factory’s servers and return control of the IPs to Servers Factory; and/or c) move all Customer Data off of the Proxy Server. Servers Factory will maintain a backup of Customer Data for a period of seven (7) days after termination, and may make the backup available to Customer for an additional fee. Thereafter, any Customer Data will be deleted.
As a condition of Customer’s use and access to the Proxy Server and the Services, Customer agrees to pay all applicable Fees. Unless otherwise agreed by the Parties, the Fees detailed in the Order Form are incorporated by reference and prepayment is required. Customer agrees to pay Servers Factory the applicable Fees, in addition to any required taxes. Unless otherwise stated, all fees are stated in U.S. Dollars. Unless otherwise provided herein, all prepayments made to Servers Factory are final and non-refundable.
At all times during the term of this Agreement, Customer must maintain a valid credit card with sufficient funds availability to pay the Fees. By providing any credit card information, Customer represents that it is authorized to use the card and authorizes Servers Factory to charge the card for the Fees, and any Blacklist Fees, in accordance with this Agreement. By submitting payment information, Customer authorizes Servers Factory to provide such information to its third party vendors for purposes of facilitating and processing payment. Customer agrees to verify any information requested by Servers Factory for purposes of acknowledging or completing any payment. All credit/charge card payments are subject to authorization by the card issuer. Where the Parties have agreed upon monthly pricing, Servers Factory will charge Customer’s credit card in advance, on the last business day of each month for the following month’s Fees. Any Blacklist Fees will be charged immediately after Servers Factory confirms the listing of the IPs on a Blacklist. Blacklist Fees are liquidated damages and Customer acknowledges and agrees that calculation of the damage caused to Servers Factory by the listing of any IPs on a Blacklist would be difficult, if not impossible, to calculate and any Blacklist Fees charged are a reasonable estimate of the damages Servers Factory will incur by the listing of the IPs on a Blacklist. Customer agrees to pay a 2.9% service fee on all payments made by credit card, which shall be charged on Customer’s credit card at the time the Fees are charged. Upon termination of this Agreement, Servers Factory will charge Customer’s credit card for any amounts which Customer owes to Servers Factory under this Agreement. Customer’s use of the Proxy Server and/or the Services may be suspended in the event that Customer’s credit card is cancelled or if any charge is denied by its credit card company.
Servers Factory Representations & Warranties
Servers Factory represents and warrants that:
a. it has the legal power and authority to enter into this Agreement;
b. it has the right and authority to make the Services available to Customer as authorized expressly by this Agreement; and
c. it will provide the IPs, Proxy Server, and/or the Services in a manner consistent with general industry standards.
Use of Identifying Information
Customer acknowledges and agrees that if Servers Factory reasonably determines that disclosure of Customer’s personal information or Customer Data is necessary to comply with any law, rule order, subpoena, civil or criminal investigative request or demand, discovery request or any other legal requirement, or in response to a complaint or inquiry, that Servers Factory may disclose information, including any Confidential Information, to comply with such request. Customer further agrees that Servers Factory may identify Customer as a customer on the Site and on any of Servers Factory ’s promotional material, and use its logo for such limited purposes.
Intellectual Property Ownership
Customer acknowledges and agrees that Servers Factory owns all right, title, and interest in and to the Services, including, without limitation, any derivatives, improvements, enhancements or extensions conceived, reduced to practice or otherwise developed by Servers Factory, together with all Intellectual Property Rights relating thereto. Servers Factory also expressly reserves any and all rights not expressly and explicitly granted in this Agreement, including, but not limited to, its right to enter into other agreements with other customers regarding its Services. This Agreement is not a sale and does not convey any rights to Customer, including any rights of ownership in the IPs, Proxy Server, and/or the Services. Customer’s rights hereunder are strictly limited as set forth herein. Customer acquires no right, title, or interest therein other than the right to use the IPs, Proxy Server, and/or the Services in accordance with this Agreement. Customer hereby assigns to Servers Factory all right, title and interest in and to any improvements, enhancements, derivations or modifications to the Services developed, in whole or in part, as a result of Customer’s use of the Services or any ideas, suggestions, feedback, comments, or reports received from Customer.
Customer acknowledges that the Proxy Server and the Services contain valuable trade secrets and Confidential Information, including but not limited to, the architecture and functionality, and the appearance, organization, design, content, and flow of such. Servers Factory acknowledges that Customer may maintain Confidential Information on the Proxy Server and may exchange such through the Services. Except as otherwise specified herein, each Party agrees not to share, disclose or transfer, and not to permit a third party to share, disclose or transfer any of the other Party’s Confidential Information. The Parties will use reasonable diligence and in no event less than the degree of care which the Parties will use in respect to their Confidential Information to prevent the unauthorized disclosure, reproduction or distribution of such Confidential Information to any other individual, corporation or entity. In the event that the receiving Party is obligated to produce Confidential Information under applicable law or pursuant to governmental request or order of a court of competent jurisdiction, to the extent it is permitted to do so, it will promptly notify the disclosing Party of such an event so that the disclosing Party may seek an appropriate protective order.
Customer will indemnify, defend, and hold harmless Servers Factory and its affiliates, and their officers, directors, owners, employees, attorneys, agents, and representatives, from and against any and all claims, costs, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising out of or related to: (a) Customer’s breach of this Agreement, including but not limited to any breach of its representations and warranties; (b) a claim by a third party alleging that Customer’s use of the Services violates any applicable law; (c) any other claim arising out of or related to Customer’s use of the Services; or (d) Customer’s violation of any applicable law or regulation or right of a third party. Customer further agrees to reimburse Servers Factory for any costs (including attorney’s fees) incurred in receiving, managing, and/or responding to any listing on a Blacklist arising from or related to Customer’s use of the IPs, removal of the IPs from any such Blacklist, and/or any third party claims regarding Customer’s use of the IPs provided hereunder, including to send SPAM, and Customer agrees to cooperate with Servers Factory and its requests. Servers Factory will indemnify, defend, and hold harmless Customer and its affiliates, officers, directors, owners, employees, agents, and representatives, from and against any and all claims, costs, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising out of or related to Servers Factory’s breach of this Agreement, including but not limited to any breach of its representations and warranties.
THE REPRESENTATIONS AND WARRANTIES PROVIDED IN THIS AGREEMENT ARE SERVERS FACTORY’S COMPLETE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES. SERVERS FACTORY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND GUARANTIES OF ANY KIND. EXCEPT AS PROVIDED HEREIN, THE IPS, PROXY SERVER, AND THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES AS TO RELIABLILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, COMPLETENESS, TITLE OR INFRINGEMENT OR THIRD PARTY RIGHTS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SERVERS FACTORY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS CUSTOMER MAY OBTAIN BY USING THE SERVICES. SERVERS FACTORY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SERVERS FACTORY DOES NOT WARRANT THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS.
Limitation of Liability
SERVERS FACTORY’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER under any theory of liability WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO SERVERS FACTORY IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, AND SERVERS FACTORY WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND ARISING FROM CUSTOMER’S USE THE SERVICES OR THE RELATIONSHIP OF THE PARTIES. Without limiting the foregoing, Servers Factory shall not be liable for any property damage to Customer, or any third party, with respect to the Services, or Customer’s use thereof. Without limiting the forgoing, Servers Factory shall not be liable for the loss of any CUSTOMER DATA, image, or other information, or any loss of or damage to any property or equipment, as a result of Customer’s use of the Services. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SERVERS FACTORY’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
The Parties acknowledge that the Services are or may be subject to export laws and regulations of the United States and the destination country(ies) and any use or transfer of such must be authorized under all applicable laws. Customer agrees to comply with the export laws and regulations of the United States.
In order to combat illegal activity, Servers Factory may perform periodic due diligence checks on Customer, and Customer acknowledges and authorizes Servers Factory, including its employees, representatives, and agents, to perform due diligence on Customer, including obtaining, verifing and retaining Customer information and documentation.
Servers Factory may give notice to Customer under this Agreement by means of email sent to Customer’s email address provided at the time of its sign-up for the Services. Notice may be given to Servers Factory via email at email@example.com.
Neither Party shall be liable for any delays or any failure in performance under this Agreement due to causes beyond the reasonable control of the non-performing Party. Such delays include, but are not limited to, fire, explosion, pandemic, flood or other natural catastrophe, governmental legislation, acts, orders, or regulation, strikes or labor difficulties, to the extent not occasioned by the fault or negligence of the delayed Party. Any such excuse for delay shall last only as long as the event remains beyond the reasonable control of the delayed Party.
Relationship of Parties
The Parties are independent contractors and nothing in this Agreement shall be construed as creating a partnership, joint venture, employment, or agency relationship between the Parties. Neither Party shall be entitled to contract on behalf of the other or bind the other Party in any way.
This Agreement may not be assigned by either Party without the prior written consent of the other Party, which will not be unreasonably withheld, but may be assigned without the other Party’s consent to (i) a parent or subsidiary; (ii) an acquirer of assets or equity; or (iii) a successor in interest by merger. Any purported assignment in violation of this Section will be void.
Governing Law and Arbitration
This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to principles of conflict of laws. Except for injunctive relief claims, any claim or controversy arising out of or related to this Agreement or the interpretation, making, performance, breach, validity or termination thereof, and/or the use of the Services shall be settled by binding arbitration in Las Vegas, Nevada by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. Arbitration hereunder shall be conducted by one neutral arbitrator appointed by the AAA. At the request of either Party, the arbitrator will enter an appropriate protective order to maintain the confidentiality of information produced or exchanged in the course of the arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In no event shall the arbitrator have any authority to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute. Irrespective of the outcome of arbitration, each Party shall bear its own costs and expenses, including its own attorney’s fees, and an equal share of the arbitrator’s fees and administrative fees of arbitration. The arbitrator shall not determine or award any alternative allocation of costs and expenses, including any attorney’s fees. Notwithstanding the foregoing, any Party may apply to any court with subject matter jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this Section, in connection with any actual, suspected or threatened breach of this Agreement, and the Parties submit to the jurisdiction of any such court in connection with any such application. Any action filed by either Party in any court in violation of this Section should be dismissed pursuant to this Section.
Each provision of this Agreement is intended to be severable and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be construed to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect.
The failure of either Party to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to the Party in writing.
No amendment or modification of any provision of this Agreement shall be effective unless in writing and executed by both Parties.
The headings in this Agreement are inserted for convenience only and will not constitute a part hereof. For purposes of this Agreement: (i) any rule of construction to the effect that ambiguities are to be resolved against the drafting Party will not be applied in the construction or interpretation of this Agreement; (ii) the words “include” and “including” and variations thereof, are not terms of limitation, but rather will be deemed to be followed by the words “without limitation;” (iii) references to “dollars” or “$” refer to the lawful currency of the United States.
By clicking “I agree with the terms and conditions”, Customer adopts such as its electronic signature, and consents and agrees that Servers Factory may provide Customer with electronic communications and disclosures (collectively, “Communications”) via email at Customer’s email address provided at the time of its sign-up for the Services, or by making them accessible on the Site; and that Customer’s electronic signature on agreements and documents has the same effect as if Customer signed them in writing. If Customer wishes to revoke/withdraw its consent at any time, please contact us at firstname.lastname@example.org. Withdrawal of consent may result in termination of Customer’s access to the Site and/or Services. Any withdrawal will be effective only after a reasonable period of time for Company to process the withdrawal. As noted above, Customer is responsible for providing Servers Factory with true and accurate information, including its contact information. To access and retain the Communications, the following are required: computer or mobile device with access/use of the internet or mobile connectivity and an operating system capable of receiving, accessing, and displaying Communications; a supported internet browser; sufficient storage space to save Communications and/or a printer to print them; and a valid email account and software to access such email account. Customer has the right to receive Communications in paper form. Please contact us at email@example.com to request a paper copy of any Communications at no charge. A request will not be treated as a withdrawal of consent to receive electronic Communications.
This Agreement comprises the entire agreement between the Parties and supersedes all prior or contemporaneous negotiations, discussions or agreement, whether written or oral, between the Parties regarding the subject matter contained herein.