DOMAIN NAME REGISTRATION - YOU shall be responsible for all costs and fees associated with the registration of YOUR domain name including, but not limited to, all costs and fees for moving such domain name. Under no circumstances shall Pangea be responsible for this cost. Pangea makes no representations concerning and does not guarantee that YOUR domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. YOU agree to be bound by the terms of InterNIC's current domain name policy which is available at: http://www.networksolutions.com/legal/agreement.html for .com, .net or .org domains. The inability to use a domain name shall not entitle YOU to a refund by Pangea of any fees paid with respect to the registration of such unusable domain name.
E-COMMERCE - YOU will be solely responsible for the content of your online store and products and all contents and materials appearing online or on YOUR products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products, (b) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom. YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through the Software. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with YOUR confidential information.
INDEMNIFICATION - YOU will indemnify, save harmless, and defend Pangea and all employees, officers, directors and agents of Pangea (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to the use of the Services, including any violation of the Pangea Acceptable Use Policy.
LIMITATION OF LIABILITY - IN NO EVENT SHALL PANGEA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF PANGEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Pangea's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by YOU for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
WEBSITE DESIGN LEASING - Your free professional website design comes with a qualifying hosting account with Pangea. There is no charge for your website design/redesign as long as you remain hosting with Pangea. Upon cancellation/transfer of hosting you may NOT use any content designed by Pangea or any similar like-ness thereof. The website design is leased content and remains property of Pangea. Upon cancellation/transfer any parties continuing use of Pangea's design will be responsible for ALL design charges incurred by Pangea. Stipulations and payment of fees is at the sole discretion of Pangea and Pangea reserves the right to legal action. All logos and branding pertaining to customer remain copyright of the customer.
FORCE MAJEURE - Pangea shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.
GOVERNING LAW - The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
AMENDMENT OR WAIVER - Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of YOU and Pangea. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.
ASSIGNMENT AND SEVERABILITY - This Agreement shall be binding upon and inure to the benefit of YOU, Pangea and our respective successors, and assigns. YOU may not assign this Agreement without the prior written consent of Pangea. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
BY HOSTING OF YOUR WEBSITE ON OUR SERVERS YOU ARE OBLIGATED AND
BOUND BY THIS AND ALL OTHER APPLICABLE CONTRACTS AND STIPULATIONS
DEEMED VALID SOLEY AT THE DISCRETION OF PANGEA WEBHOSTING.
ENTIRE AGREEMENT - This Agreement, and any other document or agreements specifically identified in this Agreement, supersedes all previous representations, understandings.
ACCEPTANCE OF SERVICES - ACCEPTANCE OF THIS AGREEMENT BY PANGEA WEBHOSTING MAY BE SUBJECT, IN PANGEA'S ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK. ACTIVATION OF SERVICE SHALL INDICATE PANGEA'S ACCEPTANCE OF THIS AGREEMENT. USE OF THE PANGEA
HOSTING NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.