This Hosting Agreement governs your purchase and use, in any manner, of all Web site hosting, ordered by you and accepted by Seyoon.com [hereafter referred to as Seyoon] and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Seyoon reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to either existing or future customers. Seyoon may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Seyoon posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1. Payment.
As consideration for Seyoon providing the Hosting Services hereunder, Customer agrees to pay Seyoon the aggregate monthly fee based on the monthly hosting services and the terms selected.
2. Provision of Services.
Seyoon will provide Customer with the Services ordered that are described in the Hosting Package Features elsewhere in this document. Customer understands and agrees that Seyoon will host and create the Web site solely in accordance with the information provided by Customer.
3. Rights to the Web Site and Content.
With the exception of any Third-Party Materials, Customer owns the Customer Content. "Customer Content" means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to Seyoon "Third-Party Materials" means any content, software, or other computer programming material that is owned by an entity other than Seyoon, and licensed by Seyoon or generally available to the public, including Customer, under published licensing terms, and that Seyoon will use to display or run a Web site. Seyoon owns the rights to the design of the web site. If a customer stops paying the monthly fee for the web site upon cancellation the customer is not entitled to use the web site for any purposes whatsoever.
4. Limited License to Content.
Customer hereby grants to Seyoon the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to Seyoon hereunder, solely for the purpose of rendering Seyoon Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
5. Content Standards.
Customer agrees not to provide Customer Content, and Seyoon will not intentionally provide to Customers any content, that (a) infringes on any third party's intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens' rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. Seyoon reserves the right to refuse any other subject matter it deems inappropriate.
7. Support.
Seyoon agrees to provide reasonable technical support by email to Customer during Seyoon's normal technical support hours. Seyoon will provide customer support by telephone and chat during business support time.
8. Term and Termination.
(a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) Seyoon may terminate this Agreement after five (5) days' written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay Seyoon for all Services provided to Customer by Seyoon prior to termination. Sections 2, 3, 4, 9 and 10 will survive termination of this Agreement.
9. Indemnity.
(a) Customer Indemnity. Customer will defend Seyoon against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 5. Subject to Section 11, Customer shall indemnify Seyoon for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Seyoon as a result of any such third-party claim, action, suit, or proceeding. (b) Seyoon Indemnity. Seyoon will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 5. Subject to Section 11, Seyoon shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit, or proceeding. (c) Mechanics of Indemnity. The indemnifying party's obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which th e indemnified party is seeking indemnity; (ii) granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party's expense.
10. Limitation of Liability.
SEYOON's LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO SEYOON DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. SEYOON SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SEYOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, SEYOON WOULD NOT ENTER INTO THIS AGREEMENT.
