PiviksNetwork Terms of Service
This
is PiviksNetwork Service Agreement Version 1.0
1. INTRODUCTION. In this Service Agreement ("Agreement"), "you" and
"your" refer to each customer ("Customer") and its designated agents, and "we",
"us" and "our" refer collectively to PiviksNetwork. This Agreement explains
our obligations to you, and your obligations to us in relation to the
PiviksNetwork's service(s) you purchase. By purchasing PiviksNetwork
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 PiviksNetwork service(s) or to
modify or cancel your PiviksNetwork service(s) (even if we were not
notified of such authorization), this Agreement covers any such service or
actions. Any acceptance of your application(s) or requests for our services and
the performance of our services will occur at our offices in Casper, Wyoming.
2. VARIOUS SERVICES. Sections 1 through 26 apply to any and all
PiviksNetwork services that you purchase. The terms and conditions set
forth in Schedules A through B of this Agreement apply only to customers who
have purchased the PiviksNetwork services referenced in those Schedules. In
the event of any inconsistency between the terms of Sections 1 through 26 and
the terms of Schedules A through B, the terms of Schedules A through B shall
control with regard to the applicable PiviksNetwork service.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration for the services
you purchased, you agree to pay PiviksNetwork 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 PiviksNetwork. All fees are
due immediately and are non-refundable, except as otherwise expressly noted in
one or more of Schedules A through B. Unless otherwise specified herein or on
our Web site, each PiviksNetwork service is for a one-year initial term and
renewable thereafter for successive one 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. 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
PiviksNetwork 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. In any event, you are solely responsible for the
credit card information you provide to PiviksNetwork and must promptly
inform PiviksNetwork 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. PiviksNetwork 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. You agree
to pay all value added, sales and other taxes (other than taxes based on
PiviksNetwork income) related to PiviksNetwork services or payments
made by you hereunder. All payments of fees for PiviksNetwork services
shall be made in U.S. dollars. Set up fees, if any, will become payable on the
applicable effective date for the applicable PiviksNetwork 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.
4. 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 PiviksNetwork (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 PiviksNetwork 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.
5. PRIVACY. See our privacy policy at
http://www.piviksnetwork.com/privacy/default.asp
6 . EXCLUSIVE REMEDY. YOU AGREE THAT OUR ENTIRE LIABILITY, AND
YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY
PIVIKSNETWORK 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
PIVIKSNETWORK, ITS LICENSORS AND CONTRACTORS (INCLUDING THIRD PARTIES
PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE FOR WEBSITES FROM
PIVIKSNETWORK) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES EVEN IF PIVIKSNETWORK 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 PIVIKSNETWORK
LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES.
PiviksNetwork 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 miss-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 PiviksNetwork web site; (8) loss or
liability from your inability to use our e-mail service or any component of the
subscription service (for websites from Piviksnetwork);
7. 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 PIVIKSNETWORK 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.
8. INDEMNITY. You agree to release, indemnify, defend and hold harmless
PiviksNetwork, 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, of third parties relating to or arising out of (a) this Agreement or
the breach of your warranties, representations and obligations under this
Agreement, (b) the PiviksNetwork 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 PiviksNetwork, 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 PiviksNetwork services, or (g) any information, material, or
services available on your 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 PiviksNetwork 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.
9. TERMINATION.
a. By You. You may terminate this Agreement upon at least thirty (30) days written notice to PiviksNetwork for any reason.
b. By Us. We may terminate this Agreement or any part of the PiviksNetwork 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, or if we determine in our sole discretion that you have violated the PiviksNetwork Acceptable Use Policy, incorporated herein and made part of this Agreement by reference. The current version of the PiviksNetwork Acceptable Use Policy may be found at our Web Site: http://www.piviksnetwork.com/legal/aup.asp.
c. Effect of Termination. PiviksNetwork 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 PiviksNetwork, 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 PiviksNetwork incurs in closing your account. You agree to pay any and all costs incurred by PiviksNetwork 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 PiviksNetwork service, if applicable. In addition to the terms set forth herein, certain PiviksNetwork services may have additional terms regarding termination, which are set forth in the applicable Schedule.
10.
REPRESENTATIONS AND WARRANTIES.
You agree and warrant that: (i) neither your registration nor use of the any of
the PiviksNetwork services nor the manner in which you intend to use such
PiviksNetwork 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 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 (iv)
you agree to comply with all applicable laws and regulations.
11. 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 PiviksNetwork's 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 noted in one or more of
Schedules A through B, but you will not incur any additional fees. By
continuing to use PiviksNetwork 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 PiviksNetwork is authorized to alter or amend the
terms and conditions of this Agreement.
12. ACCOUNT ACCESS. To access or use the PiviksNetwork services or
to modify your account, you may be required to establish an account and obtain
a login name, account number, password and/or pass phrase. You authorize us to
process any and all account transactions initiated through the use of your
login name, account number, password and/or pass phrase. You are solely
responsible for maintaining the confidentiality of your login name, account
number, password and pass phrase. You must immediately notify us of any
unauthorized use of your login name account number, password or pass phrase,
and you are responsible for any unauthorized activities, charges and/or
liabilities made on or through your login name account number, password or pass
phrase. In no event will we be liable for the unauthorized use or misuse of
your login name, account number, password or pass phrase or security
authentication option.
13. RESERVED.
14. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to
refuse to register you for PiviksNetwork service(s). In the event we do not
register you for PiviksNetwork 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 you for PiviksNetwork service(s).
15. NOTICES AND ANNOUNCEMENTS. (a) Except as expressly provided
otherwise herein, all notices to PiviksNetwork shall be in writing and
delivered to PiviksNetwork, Attention: Legal Department, 406 East M Street,
Casper, Wyoming 82601. 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). Either of us may change our respective
address by written notice delivered to the other party. All notices hereunder
must be sent in writing (which shall include e-mail only where expressly
provided for herein). All notices delivered in writing (and not via e-mail)
hereunder must be sent by either overnight courier or certified mail, return
receipt requested. (b) You authorize us to notify you as our customer of
information that we deem is of potential interest to you. Notices and
announcements may include commercial e-mails, telephone calls 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.
16. 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.
17. 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.
18. 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 resell any of the Services without
PiviksNetwork's prior express written consent.
19. GOVERNING LAW.
a. You and PiviksNetwork agree that this Agreement and any disputes hereunder including disputes related to the services provided under Schedules A through B shall be governed in all respects by and construed in accordance with the laws of Wyoming, United States of America, excluding its conflict of laws rules.
b. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement.
c. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
20.
AGREEMENT TO BE BOUND.
By applying for a PiviksNetwork service(s) through our online application
process or otherwise, or by using the service(s) provided by PiviksNetwork
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.
21. 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.
22. WAIVER. No waiver of any provision of this Agreement shall be
effective unless it is in writing and signed by an authorized representative of
PiviksNetwork. The remedies of PiviksNetwork 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.
23. 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 PiviksNetwork services in
violation of the laws and regulations of any applicable jurisdiction.
24. 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,
Piviksentwork.com may immediately terminate this Agreement.
25. 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.
26. SURVIVAL. In the event this Agreement terminates as provided herein,
Sections 1, 2, 3, 6, 7, 8, 9(c), 13, and 15 through 26 of this Agreement shall
survive such expiration or termination.
SERVICE SPECIFIC TERMS: The following terms apply in addition to Sections 1
through 26 only if you have selected the particular service described:
SCHEDULE
A TO PIVIKSNETWORK SERVICE AGREEMENT
E- MAIL SERVICES
1. Description of Service. PiviksNetwork is providing you with the
capability of sending and receiving electronic mail via the Internet. You must:
(a) provide all equipment, including a computer and modem, necessary to
establish a connection to the Internet; and (b) provide for your own connection
to the Internet and pay any telephone service fees associated with such
connection. PiviksNetwork has set no fixed upper limit on the number of
messages you may send or receive through the e-mail service; however,
PiviksNetwork retains the right, at PiviksNetwork's sole discretion, to
restrict the volume of messages transmitted or received by you in order to
maintain the quality of our services to other customers and to protect our
computer systems. We, in our sole discretion, will determine whether or not
your conduct is consistent with this Agreement and any PiviksNetwork
operating rules or policies and may suspend or terminate your e-mail service if
your conduct is found to be inconsistent with this Agreement or such rules or
policies. The e-mail service is subject to scheduled (from 12:01am eastern
United States time to 2:00 am eastern United States time every Saturday) and
unscheduled outages that will impact your ability to use the service. We will
use commercially reasonable efforts to restore the service after any
unscheduled outages. Moreover, in order to receive the e-mail service we must
host your domain name record. If you transfer your domain name record to a
third party in conjunction with a live web site or for any other reason or
allow your domain name registration to expire, you will no longer be able to
use the e-mail service. We will not refund the fees you paid for our e-mail
service if you elect to transfer your domain name record to a third party.
2. Additional Storage. PiviksNetwork may make available to you the ability
to purchase additional storage for a particular e-mail box in the specific
increments described on our Web site. The additional storage will be attributed
to the e-mail box designated by you during the application process, and your
designation cannot be changed once made. The term of the additional storage
services will run concurrently with the then-remaining term of the domain name
to which the designated e-mail box(es) is/are associated, and the price of the
additional storage services will be prorated accordingly (unless the designated
e-mail box(es) is/are associated with a domain name that is part of a monthly
service, in which case the monthly price will be added to the monthly invoices
for that monthly service). Termination or transfer of the domain name
registration associated with the e-mail box(es) to which the additional storage
is/are attributed, will result in the termination of both the e-mail box(es)
and any related additional storage services, and such termination shall be
without refund of any fees paid. Unless provided otherwise on our Web site, in
no event may a customer have more than 100 Megabytes of total data storage.
4. Privacy. PiviksNetwork will not monitor, edit or disclose the contents
of your private communications with third parties unless required to do so by
law or in the good faith belief that such action is necessary to: (a) conform
to the law or comply with legal process served on PiviksNetwork; (b)
protect and defend the rights or property of PiviksNetwork; or (c) act
under exigent circumstances to protect the personal safety of our customers or
the public. You acknowledge and agree that PiviksNetwork neither endorses
the contents of any of your communications nor assumes responsibility for such
content, including but not limited to any threatening, libelous, obscene,
harassing or offensive material contained therein, any infringement of third
party intellectual property rights arising therefrom or any crime facilitated
thereby. You acknowledge and agree that certain technical processing of e-mail
messages and their content may be required to: (a) send and receive messages;
(b) conform to connecting networks' technical requirements; (c) conform to the
limitations of the e-mail service; or (d) conform to other similar
requirements.
5. Customer Conduct. You agree to be bound by the applicable provisions of the
PiviksNetwork Acceptable Use Policy, incorporated herein and made part of
this Agreement by reference, in connection with your use of the services
described in this Schedule.
SCHEDULE
B TO PIVIKSNETWORK SERVICE AGREEMENT
WEB SITES FROM PIVIKSNETWORK
1. Definitions. For purposes of this Schedule, the following capitalized terms
shall have the meanings ascribed to them below:
a. "Subscription Service" means any of the PiviksNetwork subscription service packages that are available for purchase by end users on a monthly basis, for a monthly fee, on a quarterly basis, for a quarterly fee, or on an annual basis, or for an annual fee, the Web Hosting Service, all as described on the PiviksNetwork Web site" located at the URL http://www.piviksnetwork.com.
b. "Web Hosting Service" means the Web hosting services provided by PiviksNetwork as part of a Subscription Service.
2. Payment.
PiviksNetwork, in its sole discretion, shall determine the prices it will charge for the Subscription Service, and the terms and conditions applicable to the same, and PiviksNetwork may, upon providing thirty (30) days' notice to you, amend such pricing and/or terms and conditions. If you do not agree to the change(s), you may terminate your Subscription Service as provided herein within that thirty (30) days; otherwise all such changes shall thereafter be effective with respect to your account, and you agree that we are authorized to charge your credit card for the new monthly, quarterly or, annual Subscription Service fee.
3.
Charges for Excess Hosting Space Usage. If you are purchasing a Web Site
or Subscription Service, the amount of hosting space included with your
purchase shall be as set forth on our web site located at the URL
www.piviksnetwork.com (the "Maximum Hosting Space"). You agree that in
the event you exceed the Maximum Hosting Space, PiviksNetwork may, in its
sole discretion, (i) charge you, and you agree to pay, an overage fee for any
such excess usage as set forth on the
www.piviksnetwork.com web site; or (ii) terminate your Web Site and/or
Subscription Service (as applicable), and all related services.
4. Conduct. You agree to be bound by the applicable provisions of the
PiviksNetwork Acceptable Use Policy, incorporated herein and made part of
this Agreement by reference, in connection with your use of the services
described in this Schedule.
5. Term and Termination.
a. Term . Your Subscription Service shall be on a month-to-month basis for successive monthly periods, a quarter-to-quarter basis for successive quarterly periods, or a year-to-year basis for successive annual periods unless either party notifies the other of termination in accordance with this Agreement.
b. Notice of Service Cancellation by You. Unless terminated earlier as provided herein, this Schedule, and the Agreement if you have no other services with PiviksNetwork, will be terminated as of the cancellation of your Subscription Service and/or Web Site.
Survival . In the event of expiration or termination of this Schedule or the Agreement for any reason, Sections 1 and 5 of this Schedule shall survive.