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Amiko. ("Amiko") is the
leading comprehensive hosting solutions. This
Services Agreement ("Agreement") governs your
purchase and use, in any manner, of all services
provided by Amiko and any of its affiliates (the
"Services"). |
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You must
accept the terms of this Agreement in order to use
the Services. |
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NOTWITHSTANDING, BY USING
THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS CONTAINED HERE AS WELL AS ALL
ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE. |
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Amiko reserves the right to
change or modify any of the terms and conditions
contained in this Agreement, any Addendums and any
policy or guideline incorporated by reference at
any time and from time to time in its sole
discretion, and to determine whether and when any
such changes apply to both existing or future
customers. Any changes or modification will be
effective upon posting of the revisions on the
Amiko Web site (the "Site"). Your continued use of
Services following Amiko's posting of any changes
or modifications will constitute your acceptance
of such changes or modifications. |
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1. Term
and Payment for Services |
1.1. Term This Agreement shall be for an "Initial
Term" as chosen by you in the Order Form located
on this Site at the time you register for the
Services. "Initial" is defined when the user use
the service and when the user has pay its
fee. This Agreement will be automatically
renewed (the "Renewal Term") at the end of the
Initial Term for the same period as the Initial
Term unless you provide Amiko with notice of
termination thirty (30) days prior to the end of
the Initial Term or the Renewal Term. You must
provide Amiko with your notice of termination by
clicking on the "Cancel Service" button located
on the Site or as otherwise provided by this
Agreement. Upon clicking on the "Cancel Service"
button, you will be asked to provide Amiko with
sufficient customer identification information
so that Amiko may properly identify you and your
account. Any notice of termination will be
effective following thirty (30) days after
Amiko's receipt thereof. Once customer
makes purchase they are entitled to the service.
Amiko Design will deliver its services at the
fullest extent |
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1.2. Termination
Policy If you terminate your receipt of
the Services prior to the end of the Initial
Term or the Renewal Term, whichever is then
applicable, (a) Amiko will refund to you any
fees paid in advance of such termination.
Amikodesign.com reserves the right to cancel a
customers service at any time. If cancellation
is caused by customers violation of these
policies, then refund will be pro rated for the
unused days in a given month. Your termination
request or notice must be submitted to Amiko in
the manner described in Section 1.1. Amiko may
terminate this Agreement at any time and for any
reason by providing to you written notice thirty
(30) days prior to the date of termination. |
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1.3. Default and
Cure In the event that either party
hereto defaults in the performance of any of its
material duties or obligations under this
Agreement, including failure to make any
payments due under this Agreement, and such
default is not cured within five (5) days after
written notice is given to the defaulting party
specifying the default, then the party not in
default, after given written notice thereof to
the defaulting party, may terminate this
Agreement. |
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1.4. Charges You agree to pay for all charges
attributable to your use of the Services at the
then current Amiko prices, which shall be
exclusive of any applicable taxes. You are
responsible for the payment of all federal,
state, and local sales, use, value added,
excise, duty and any other taxes assessed with
respect to the Services, other than taxes based
on Amiko's net income. |
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1.5. Payment All accounts
are paid first. Once payment is receive account
is activated. Each payment is due 30 days from
the day paid. Customer will be notified 10 days
via email prior to the due date. Failure to
payment will cause termination of the account.
Reactivation of the account is 5.00 dollars.
Money order must arrive on time. No exceptions.
All charges for Services must be paid in advance
according to the then current prices applicable
to the Services. Upon entering this Agreement,
you must choose to pay either by direct charge
to a credit or debit card, or receive an invoice
and submit subsequent payment. If you choose to
pay by credit or debit card upon registering for
the Services, you thereby authorize Amiko to
charge your credit or debit card to pay for any
charges that may apply to your account. You must
notify Amiko of any changes to your card account
(including, without limitation, applicable
account number or cancellation or expiration of
the account), your billing address, or any
information that may prohibit Amiko from
charging your account. If you choose to be
invoiced upon registration for Services, Amiko
will invoice you for the Services applicable to
the period for which you have registered for the
Services. You agree to pay to Amiko the amount
indicated in each invoice by the due date
reflected on that invoice. If you fail to pay
any fees and taxes by the applicable due date
for credit card or invoice payments, late
charges then the account will be terminated. |
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1.6. Refund Policy Refund Policy Customer has seven days
to do a "trial version" with our package. In
these seven days period the customer has the
right to cancel or demand a full refund if they
are not satisfy with the service. However, after
exceeding this seven day period the customer
will not be entitled to a full refund and they
will be billed until a cancellation is incited.
However, customers are entitled to a pro rate
refund for any unused days in a given month.
This refund policy applies to only Amiko Design
Web hosting Services. |
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2. Use of
Services |
2.1. Applicable Use Policy The Amiko Acceptable Use Policy (the
"Usage Policy") govern the general policies and
procedures for use of the Services. The Usage
Policy is posted on Amiko's Web site (or such
other location as Amiko may specify) and may be
updated from time-to-time. YOU SHOULD CAREFULLY
READ THE USAGE POLICY. BY USING THE SERVICES,
YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE
POLICY AND ANY MODIFICATIONS. Amiko RESERVES THE
RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY
VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT. |
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2.2. Material and Product
Requirements Unless we have agreed
otherwise in a separate agreement, you must
ensure that all material and data placed on
Amiko's equipment is in a condition that is
"server-ready," which is in a form requiring no
additional manipulation by Amiko. Amiko will
make no effort to validate any of this
information for content, correctness or
usability. If your material is not
"server-ready", Amiko has the option at any time
to reject this material. Amiko will notify you
of its refusal of the material and afford you
the opportunity to amend or modify the material
to satisfy the needs and/or requirements of
Amiko. Use of the Services requires a certain
level of knowledge in the use of Internet
languages, protocols and software. This level of
knowledge varies depending on the anticipated
use and desired content of your Web site. You
must have the necessary knowledge to create and
maintain a Web site. It is not Amiko's
responsibility to provide this knowledge or
customer support outside of the Services agreed
to by you and Amiko. |
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2.3. Bandwidth and Storage Usage You agree that use of the Services
under this Agreement will not exceed the
bandwidth and storage usage limits set out. If
you use any bandwidth or storage space in excess
of the agreed upon number of megabytes per
month, you agree to pay the associated
additional charges. |
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3. Enforcement |
3.1. Investigation of Violations Amiko may investigate any reported or
suspected violation of this Agreement, its
policies or any complaints and take any action
that it deems appropriate and reasonable under
the circumstance to protect its systems,
facilities, customers and/or third parties.
Amiko will not access or review the contents of
any e-mail or similar stored electronic
communications except as required or permitted
by applicable law or legal process. |
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3.2. Actions Amiko reserves
the right and has absolute discretion to
restrict or remove from its servers any content
that violates this Agreement or related policies
or guidelines, or is otherwise objectionable or
potentially infringing on any third party's
rights or potentially in violation of any laws.
If we become aware of any possible violation by
you of this Agreement, any related policies or
guidelines, third party rights or laws, Amiko
may immediately take corrective action,
including, but not limited to, (a) issuing
warnings, (b) suspending or terminating the
Service, (c) restricting or prohibiting any and
all uses of content hosted on Amiko's systems,
and/or (d) disabling or removing any hypertext
links to third party Web sites, any of your
content distributed or made available for
distribution via the Services, or other content
not supplied by Amiko which, in Amiko's sole
discretion, may violate or infringe any law or
third-party rights or which otherwise exposes or
potentially exposes Amiko to civil or criminal
liability or public ridicule. It is Amiko's
policy to terminate repeat infringers. Amiko's
right to take corrective action, however, does
not obligate us to monitor or exert editorial
control over the information made available for
distribution via the Services. If Amiko takes
corrective action due to such possible
violation, Amiko shall not be obligated to
refund to you any fees paid in advance of such
corrective action. |
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3.3. Disclosure Rights To comply with applicable laws and lawful
governmental requests, to protect Amiko's
systems and customers, or to ensure the
integrity and operation of Amiko's business and
systems, Amiko may access and disclose any
information it considers necessary or
appropriate, including, without limitation, user
profile information (i.e., name, e-mail address,
etc.), IP addressing and traffic information,
usage history, and content residing on Amiko's
servers and systems. Amiko also reserves the
right to report any activity that it suspects
violates any law or regulation to appropriate
law enforcement officials, regulators, or other
appropriate third parties. |
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4. Intellectual
Property Rights |
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4.1. Your License
Grant to Amiko You hereby grant to
Amiko a non-exclusive, worldwide, and
royalty-free license for the Initial Term and
any Renewal Term to use your content as
necessary for the purposes of rendering and
operating the Services to you under this
Agreement. You expressly (a) grant to Amiko a
license to cache materials distributed or made
available for distribution via the Services,
including content supplied by third parties, and
(b) agree that such caching is not an
infringement of any of your intellectual
property rights or any third party's
intellectual property rights. |
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4.2. Amiko Materials and
Intellectual Property All materials,
including but not limited to any computer
software (in object code and source code form),
data or information developed or provided by
Amiko or its suppliers or agents pursuant to
this Agreement, and any know-how, methodologies,
equipment, or processes used by Amiko to provide
the Services to you, including, without
limitation, all copyrights, trademarks, patents,
trade secrets and other proprietary rights are
and will remain the sole and exclusive property
of Amiko or its suppliers, including but not
limited to any software programs, inventions,
products and/or technology innovations and
methodologies utilized, developed, or disclosed
by Amiko during the term of this Agreement.
Unauthorized copying, reverse engineering,
decompiling, and creating derivative works based
on the any such software is expressly forbidden
except as permitted in this Agreement. You may
be held legally responsible for violation of any
patent rights, copyright or trade secret rights
that is caused or encouraged by failure to abide
by the terms of this Agreement. |
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4.3. Trademarks You hereby
grant to Amiko a limited right to use your
trademarks, if any, for the limited purpose of
permitting Amiko to fulfill its duties under
this Agreement. This is not a trademark license
and no other rights relating to the trademarks
are granted by this Agreement. Specifically, but
without limitation, the rights granted by this
Agreement do not include the right to sublicense
use of your trademarks or to use your trademarks
with any other products or services outside the
scope of the Services provided under this
Agreement. The limited trademark use rights
granted under this section terminate upon
termination of this Agreement. |
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5. Warranty;
Warranty Disclaimer |
5.1. Customer and/or Third Party
Acts Amiko is not responsible in any
manner for any nonconforming Services to the
extent caused by you or your customers. In
addition, Amiko is not responsible for loss or
corruption of data in transmission, or for
failure to send or receive data due to events
beyond Amiko's reasonable control. |
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5.2. No Express or Implied Warranty ALL SERVICES, SYSTEMS AND PRODUCTS
PROVIDED BY Amiko UNDER THIS AGREEMENT ARE
PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY
FACT OR LAW, WHATSOEVER. YOU ACKNOWLEDGE AND
AGREE THAT Amiko EXERCISES NO CONTROL OVER, AND
ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF
THE INFORMATION PASSING THROUGH Amiko'S
COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE,
OR THE INTERNET. Amiko DOES NOT WARRANT THAT THE
OPERATION OF THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY
SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH
RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR
TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED
UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND
WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE
INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE
TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS.
EXCEPT AS EXPRESSLY PROVIDED THIS AGREEMENT,
Amiko DOES NOT MAKE AND HEREBY DISCLAIMS, AND
YOU HEREBY WAIVE ALL RELIANCE ON, ANY
REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR
OTHERWISE, REGARDING THE SERVICES, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR CONDITIONS OF QUALITY, AND ANY
WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT,
TRADE SECRET OR TRADEMARK INFRINGEMENT. |
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5.3. Your Warranties and
Representations to Amiko You warrant,
represent, and covenant to Amiko that (a) you
are at least eighteen (18) years of age or are a
duly organized and validly existing entity; (b)
you possess the legal right and ability to enter
into this Agreement; (c) you will use the
Services only for lawful purposes and in
accordance with this Agreement and all
applicable policies and guidelines; (d) you will
be financially responsible for the use of your
account; (e) you have acquired or will acquire
all authorization(s) necessary for hypertext
links to third-party Web sites or other content;
(f) you have verified or will verify the
accuracy of materials distributed or made
available for distribution via the Services,
including, without limitation, your content,
descriptive claims, warranties, guarantees,
nature of business, and address where business
is conducted, and (g) your content and/or any
software that you install or provide does not
and will not infringe or violate any right of
any third party (including any intellectual
property rights) or violate any applicable law,
regulation or ordinance. |
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6. Limitation and
Exclusion of Liability |
6.1. Limitations ON EVENT SHALL Amiko HAVE ANY LIABILITY
WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO,
ALTERATION, THEFT OR DESTRUCTION OF
INFORMATION PROVIDED TO Amiko, DISTRIBUTED OR
MADE AVAILABLE FOR DISTRIBUTION VIA THE
SERVICES. Amiko SHALL HAVE NO LIABILITY UNDER
THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL,
EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE
DAMAGES EVEN IF Amiko HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. ANY EVENT, THE
LIABILITY OF Amiko TO YOU FOR ANY REASON AND
UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE
AMOUNT ACTUALLY PAID TO Amiko BY YOU UNDER THIS
AGREEMENT DURING THE THIRTY (30) DAYS
IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH
CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL
CAUSES OF ACTION THE AGGREGATE, INCLUDING,
WITHOUT LIMITATION, TO BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
THE FEES FOR THE SERVICES SET BY Amiko UNDER
THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE
BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY,
YOU HEREBY RELEASE Amiko FROM ANY AND ALL
OBLIGATIONS, LIABILITIES, AND CLAIM EXCESS OF
THE LIMITATION STATED IN THIS SECTIO6.1. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SUCH STATES, OUR LIABILITY
IS LIMITED TO THE EXTENT PERMITTED BY LAW. |
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6.2. Interruption of Service You hereby acknowledge and agree that
Amiko will not be liable for any temporary
delay, outages or interruptions of the Services.
Further, Amiko shall not be liable for any delay
or failure to perform its obligations under this
Agreement, where such delay or failure results
from any act of God or other cause beyond its
reasonable control (including, without
limitation, any mechanical, electronic, packet
loss, server crashes, communications or
third-party supplier failure). |
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6.3. Maintenance You hereby
acknowledge and agree that Amiko reserves the
right to temporarily suspend services for the
purposes of maintaining, repairing, or upgrading
its systems and network. Amiko will use best
efforts to notify you of pending maintenance
however at no time is under any obligation to
inform you of such maintenance. |
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7.
Indemnification You will defend, indemnify
and hold harmless Amiko and its officers,
directors, shareholders, employees, consultants,
agents, affiliates and suppliers (an
"Indemnities") from any and all threatened or
actual claims, demands, causes of action, suits,
proceedings (formal or informal), losses,
damages, fines, penalties, liabilities, costs
and expenses of any nature, including attorneys'
fees and court costs, sustained or incurred by
or asserted against any Indemnities by any
person, firm, corporation, governmental
authority, partnership or other entity by reason
of or arising out of or relating to: (i) your
violation or breach of any term, condition,
representation or warranty of this Agreement or
any applicable policy or guideline; (ii) your
conduct, including but not limited to your
negligence, gross negligence, or willful
misconduct; (iii) your use of the Services,
including any improper or illegal uses; (iv) any
claim by a former employee of yours whose
employment has been or may be terminated in
connection with or as a result of the execution
of this Agreement and performance of the
Services by Amiko; or (v) any claim relating to
your services or products, or your installation
and/or use of any third-party software,
including but not limited to advertising,
product liability claims or infringement of any
trademark, copyright, patent, trade secrets or
non-proprietary right of a third party
(including, without limitation, defamation,
libel, or violation of privacy or publicity). |
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8.
Miscellaneous |
8.1. Confidentiality The
parties each agree that all Confidential
Information (as defined below) communicated to
it by the other is done so in confidence and
will be used only for the purposes of this
Agreement and will not be used to compete with
the other party or disclosed to any third party
without the prior written consent of the other
party except as permitted under this Agreement.
"Confidential Information" means all information
in any form, including, without limitation,
printed or verbal communications and information
stored in printed, optical or electromagnetic
format, which relates to the Services; or
computer, data processing or electronic commerce
programs and software; electronic data
processing applications, routines, subroutines,
techniques or systems; information which
incorporates or is based upon proprietary
information of either party; or information
concerning business or financial affairs,
product pricing, financial conditions or
strategies, marketing, technical systems of
either party; or any information concerning
customers or vendors of either party; or any
data exchange between a party and any customers
or vendors. Exceptions to Confidential
Information include (1) information in the
public domain; (2) information developed
independently by a party without reference to
information disclosed under this Agreement; or
(3) information received from a third party
without restriction and/or breach of this or a
similar Agreement. It is not a violation of this
provision to disclose Confidential Information
in compliance with any legal, accounting or
regulatory requirement beyond the control of
either Party or, but in such case, prior to
disclosure, the disclosing Party shall give
written notice to the other Party to permit that
Party an opportunity to challenge such
disclosure. If either Party is subpoenaed, such
Party shall give written notice to the other
Party to permit that Party an opportunity to
challenge the disclosure of Confidential
Information. Upon the termination of this
Agreement and upon written request of the
disclosing Party, each Party shall promptly
return all Confidential Information of the other
Party. This provision shall survive the
termination of this Agreement for two (2) years. |
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8.2. Notices All notices,
reports, requests, or other communications given
pursuant to this Agreement shall be made in
writing, shall be delivered by hand delivery,
overnight courier service, fax, or electronic
mail, shall be deemed to have been duly given
when delivered. |
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8.3. Choice of Law
and Forum THIS AGREEMENT, WILL BE
GOVERNED BY THE LAWS OF THE UNITED STATES AND
THE STATE OF TEXAS, WITHOUT REFERENCE TO RULES
GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO
THIS AGREEMENT MUST BE BROUGHT THE FEDERAL OR
STATE COURTS LOCATED CALIFORNIA, AND YOU
IRREVOCABLY CONSENT TO THE JURISDICTION SUCH
COURTS. |
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8.4. Entire Agreement This
Agreement and all policies and guidelines
incorporated in this Agreement by reference
constitutes the entire Agreement of the parties
and may not be modified or altered orally but
only by an agreement in writing signed by both
parties. |
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8.5. No Fiduciary Relationship; No
Third-Party Beneficiaries Amiko is not
the agent, fiduciary, trustee or other
representative of you. Nothing expressed or
mentioned in or implied from this Agreement is
intended or shall be construed to give to any
person other than the parties hereto any legal
or equitable right, remedy or claim under or in
respect to this Agreement. This Agreement and
all of the representations, warranties,
covenants, conditions and provisions hereof are
intended to be and are for the sole and
exclusive benefit of the parties hereto. |
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8.6. Assignments You may not
transfer or assign your rights, duties, or
obligations under this Agreement without Amiko's
prior written consent. Amiko may assign its
rights and obligations under this Agreement and
may utilize affiliate and/or agents in
performing its duties and exercising its rights
under this Agreement, without your consent.
Subject to that restriction, this Agreement will
be binding on, inure to the benefit of, and be
enforceable against the parties and their
respective successors and assignees. |
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8.7. No Waiver Amiko's
failure to enforce the strict performance of any
provision of this Agreement will not constitute
a waiver of Amiko's right to subsequently
enforce such provision or any other provisions
under this Agreement. |
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8.8. Severability If any provision of this Agreement is
deemed illegal, invalid, void or otherwise
unenforceable in whole or in part, that
provision shall be severed or shall be enforced
only to the extent legally permitted, and the
remainder of the provision and the Agreement
shall remain in full force and effect. If any
provision of this Agreement is deemed to be
invalid, void or unenforceable only with respect
to a particular application, such term or
provision shall remain in full force and effect
with respect to all other applications. |
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8.9. Survival All provisions of this Agreement
relating to your warranties, intellectual
property rights, limitation and exclusion of
liability, your indemnification obligations and
payment obligations shall survive the
termination or expiration of this Agreement. |
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8.10. Modification Amiko
reserves the right to add, delete, or modify any
provision of its Terms and Condition, Acceptable
Usage Policy at any time without notice. |
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As you start with our hosting plan, you can fully manage your hosting and the freedom to grow without limits. As you
upgrade, there will be no downtime for your hosting. We can seamlessly upgrade you to the next level. |
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Other than that, our IT profession offering you creative and personalized web site and domain register to promote
your brand and/or company any time any where. Our design profession assist you attract your customer attention
with creative and realistic 3D graphic to get the message out about your brand and/or company. |
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Please do not hesitate while having any enquiry or comments! Contact us via telephone or fax or via email or post.
We will spare no effort to satisfy your demand. |
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