Terms & Conditions
ITECH FRONTIERS : TERMS OF SERVICE
This Services Agreement ("Agreement") is made as of the _______ day of _______, 2012 ("Effective Date") and entered into by and between ITECH FRONTIERS LLC, a Delaware Limited Liability Company (ITECH FRONTIERSâ„˘, Company, we, us, or our), and ______________________________ (Customer, you, or your).
This Agreement consists of this page, the Order Form, our Acceptable Use Policy ("AUP"), the Service Attachments (if any), and any addenda referenced by the Service Attachments, each of which is incorporated by this reference.
This Agreement is the complete understanding between the parties concerning its subject matter and replaces any prior oral or written communications between them. This document is dynamic - the most recent version of this document available on our website shall control the parties relationship. Except for prior obligations of confidentiality and/or nondisclosure, there are no conditions, understandings, agreements, representations, or warranties, express or implied, which are not specified in this Agreement. This Agreement can only be modified by a written document executed by the parties. With the exception of term commitments contained herein, in the event of any conflict between the terms of the AUP, Service Attachments, and General Terms and Conditions, the terms of the preceding documents shall prevail in that order.
The parties will indicate their acceptance of this Agreement in one of the following manners:
(i) submitting order for services to ITECH FRONTIERS and acknowledging receipt of the order by ITECH FRONTIERS„˘; or
(ii) signing below as indicated.
ITECH FRONTIERSâ„˘ LLC Customer name:
Printed Name: Printed Name:
Date of Signature: Date of Signature:
Customer Contact Information
GENERAL TERMS AND CONDITIONS
1. TERM AND TERMINATION
1.1. Effective Date and Term
The initial term will begin on the Effective Date. The period between the Effective Date, and the date of Termination or Expiration, if any, is the â€śTerm.â€ť
Unless otherwise specified in a Service Attachment, following the expiration of a serviceâ€™s respective term, the term will automatically renew for the length of the initial term (â€śRenewal Termâ€ť) unless canceled in writing by either party at least 30 days before the expiration of the Term or Renewal Term.
We reserve the right to terminate this Agreement for a violation of our AUP. One party may also terminate this Agreement upon the occurrence of a material breach, which has not been cured by the other party within 30 days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.
In certain cases, this Agreement, or particular Service Attachments may be terminated by you within a defined period of time for any reason, or no reason at all (â€śGuaranteeâ€ť). Any time provisions of this Guarantee begin to elapse on the Effective Date and are calculated on a calendar day basis. A Guarantee only applies during the Term and does not apply to any Renewal Terms. Non-recurring charges, as defined below, are never subject to the Guarantee.
During the Term and any Renewal Terms, we may periodically review your credit history. This review may consist of a review of your payment history with us, your broader credit history as reported elsewhere, and the amount of fraud reported to us as originating with your account. By entering into this Agreement, you consent to this review, and the disclosure of your credit history, at our option, to recognized credit agencies.
2.2. Non-recurring Charges
You must pay any non-recurring charges, such as set up fees, as set out on our web site. Payment of these non-recurring charges is a pre-requisite to our obligation to provide services to you.
2.3. Recurring Charges
If you provide us with a credit card, we will bill all charges authorized by this Agreement to that credit card. In addition, we reserve the right to bill that credit card for past due services regardless of whether we regularly billed that credit card in the past. If you choose monthly billing, you are required to keep a valid credit card on file. Should you choose to remove this credit card, you will be required to choose a billing cycle for which recurring automatic charges are not required. We reserve the right to bill you for fees charged to us by our credit card processor, plus $200 special processing fee, for disputes initiated by you, which are resolved in our favor.
Unless otherwise set out on an individual Service Attachment, you agree to pay all charges by the due date indicated on the invoice ("Due Date"). You will pay us interest on payments made following the Due Date at the rate of 1.5% per month or the maximum rate allowable by law. You may be assessed a processing fee on late payments, at our sole discretion, if we incur administrative and/or legal costs associated with your late payment. Those costs are calculated on an hourly basis, rounded up to the next full hour, and are based on our current hourly rates. If your check is returned by your bank, you will be billed any return check fee charged to us plus a $25 special handling & processing fee. If you do not pay all undisputed amounts by the Due Date, we reserve the right to disconnect services and refuse to continue to provide them to you.
We have calculated our fees based on the Term. Accordingly, fees will only be refunded as is expressly set out in this Agreement. Regardless of the Guarantee, Effective Date, Term, or Renewal Term, should you be required to make advance payment for certain services, or pay certain service fees, those fees are not refundable should you choose to terminate the Agreement for any reason.
2.5. Charges for Previously Provided Services and Storage of Equipment
We reserve the right to bill you retroactively for any services provided to you for which we had not previously billed. We also reserve the right to bill you retroactively for the costs of the removal and storage of equipment you have placed in our facility if this Agreement is terminated and this equipment is not removed by you. We also reserve the right to sell your equipment to satisfy your outstanding storage charges.
2.6. Bill Disputes
You have up to 25 days (commencing five days after the date of our bill, or on the date on which your credit card is charged) to initiate a dispute over charges or to receive credits, if applicable. In order to dispute your bill, you must send us a written itemized description of the specific items you dispute in your bill. This itemization must be in sufficient detail for us to identify the items in dispute. We must receive this information prior to the date set out above. You agree to pay by the Due Date all charges not specifically itemized in your written notice of dispute.
You are responsible for all taxes and fees associated with the services which we are legally required or permitted to collect from you. These taxes and fees may include, but are not limited to, any sales, use, transfer, gross receipts, federal excise, right-of-way, franchise, privilege, property, occupational and similar taxes and surcharges, regardless of your physical location. If these taxes are assessed on us, based on the services provided to you, and we are required to pay these taxes, they will be billed to you, in addition to a reasonable special handling & processing fee. You are not responsible for taxes based on our income.
4. USE OF SERVICES
You are bound by our AUP, and may only use services provided by us for the purposes set out in the AUP. You are responsible for the activities of your customers and third party users of services provided by us through you.
4.1. Material, Products, Information and Services.
4.1.1. Server Ready
You will provide us with material and data in a condition that is capable of being deployed by us without any specialized effort on our part. In most cases, that requires that the material and data be â€śServer Readyâ€ť and that term is used throughout this Agreement to refer to this obligation.
4.1.2. Working Order
All Server Ready material provided to us must be previously validated and tested. We have no responsibility, and will make no effort to validate material and data placed on our servers and network. In the event that material provided to us is not Server Ready, we may at any time reject and delete this material. You may be offered the opportunity to make rejected material Server Ready; however, we are under no obligation to allow you to do so. Rejection of material for its failure to be Server Ready shall not constitute a material breach of this Agreement by us.
Use of our services requires that you possess a certain level of knowledge. At a minimum, you represent and warrant that you have sufficient knowledge about administering, designing and operating a web site, and if engaged in commercial activity, have significant experience in conducting business on the Internet, and operating the hardware and software necessary to conduct that business. Your failure to anticipate the complexity of operation of the services purchased from us shall not be a basis for you to terminate this Agreement.
ITECH FRONTIERS offers a number of services designed to assist you in the use and operation of your hardware and software. These services are provided at an additional cost, and pursuant to various contract addenda. We may terminate this agreement, at our sole and exclusive option, should your requests for support exceed those typically experienced by us for similarly situated customers.
5. MATERIAL, SERVICES AND INFORMATION
5.1. Connection Speed
Connection speed represents the maximum speed of a connection and does not represent guarantees of available end-to-end bandwidth.
5.2. Hardware, equipment and software
You are responsible for, and must provide, all telephone, computer, hardware and software equipment, and services necessary to access our network. It is your obligation to determine if the equipment necessary to connect with our network, and interact with it, is compatible. We are not responsible for incompatibility of our equipment and network with yours. Such an incompatibility is not grounds for termination of this Agreement by you, nor shall it constitute a material breach by us.
5.3. Reasonable use
We have determined what constitutes reasonable use of our network for the particular services and products you purchase from us. These standards are based on typical customer use of our network, for similar services and products. It is your obligation to monitor the use of your services and/or server(s) â€“to ensure that there are not unusual spikes and peaks in your bandwidth or disk usage. We understand that your business often succeeds beyond your initial expectations, or that you may face, at times, unexpected or unforeseen traffic levels. For that reason, we are pleased to offer you unlimited bandwidth, up to the capacity of the serverâ€™s connection (while metering and billing you based on the total traffic per month). However, should your use of our network and/or products exceed the limits described above, you will incur additional charges for that use. These charges will apply regardless of whether you initiated the additional use, or it was caused by a third party.
You are allowed to resell to third-parties, the storage and transfer services provided by us, under the following conditions:
You must provide to third-parties an active link to our current AUP;
Third-parties to whom you provide services, must specifically disclaim any right to legal recourse against us for services provided by us, or our suppliers, to you, or to the third-party through you;
You take full and unlimited responsibility for the actions of the third-parties, and agree to cooperate with us unconditionally should we be made aware that the third-party is acting in a way that violates our AUP, this Agreement, or the law;
You are required to have at least one other non-resold account; and
You are required to provide all support to the third-parties for any resold products or services.
In addition to being a material breach of this Agreement, your failure to comply with the provisions of this section shall entitle us to full recourse against you for any damages, losses, or expenses sustained by that failure. This remedy shall be in addition to, and not in lieu of, those provided for in this Agreement and at law, and shall survive termination of this Agreement.
6. LICENSES, WARRANTIES, LIMITATION OF WARRANTIES, AND LIMITATION OF LIABILITY
6.1. Licenses and Intellectual Property
6.1.1. License from us to you
We grant to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by us solely to access and use the services. This license terminates on the expiration or termination of this Agreement. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in our technology shall remain with us or our licensors. You are not permitted to circumvent any devices designed to protect our, or our licensorâ€™s, ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
Any license provided to you, is provided with "RESTRICTED RIGHTS" applicable to private and public licensees. These rights include, but are not limited to, restrictions on use, duplication, or disclosure by the United States Government as set forth in this Agreement and as provided in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
6.2 Licenses from you to us
We may use information you provide to us to for technical support, implementation, operation or administration of the services (Operational Information). Operational Information, as well as aggregate information gleaned from the operation of our business in general, will be used to improve, or create new products and services. We shall be the exclusive owners of the resulting intellectual property. You waive any rights you may in this intellectual property, and assign all right, title and interest in it to us and agree to cooperate with us to secure our rights.
You grant to us, and any third parties used by us to provide the services, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in conjunction with the services. This license terminates on the expiration or termination of this Agreement. All right, title and interest in your technology shall remain with you, your End Users, or your licensors.
6.3. Representations and Warranties
We each warrant to the other that: (i) we have the power, authority and legal right to enter into this Agreement; and (ii) we have the power, authority and legal right to perform our obligations under this Agreement and all incorporated provisions.
6.3.2. Your Representations and Warranty
You represent and warrant to us that: (i) you have the experience and knowledge necessary to use the services; (ii) you understand and appreciate the risks inherent to you, your business and your person, that come from accessing the Internet; (iii) you will provide us with material that may be implemented by us to provide the services without extra effort on our part; (iv) you have sufficient knowledge about administering, designing and operating the functions facilitated by the service to take advantage of the service; (v) that you understand that you may not be able to access location based services, such as â€ś911â€ť emergency calls, using the service; (vi) that in entering into this Agreement, and performing the obligations set out in it, you will not violate any applicable laws and regulations; (vii) that you will make back up copies of your data even if you purchase â€śback upâ€ť services from us; and/or (viii) that you will pass through the terms of our Acceptable Use Policy to your customers in your agreements with them.
You expressly warrant that you own the entire right, title and interest to, or have an appropriate license to use, all materials provided to us, or which may be accessed or transmitted using the services. You also warrant that to the extent you do business with other parties using the services, that they have the same ownership interests in the materials provided to you, or accessed via you, that are set out in this paragraph.
6.3.3. Our Representations and Warranty
For each service we provide, we warrant that we will perform in a competent manner.
6.4 Disclaimers and Limitations of Liability
EXCEPT AS SPECIFIED IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDTIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.
YOU MAY NOT BE ABLE TO USE LOCATION BASED EMERGENCY PRODUCTS, SUCH AS â€ś911,â€ť USING THE PRODUCTS. WE HAVE NO LIABILITY FOR DAMAGES OR INJURIES, OF ANY TYPE, THAT YOU, EMPLOYEES, AGENTS OR AFFILIATES SUSTAIN BASED ON THE FACT THAT LOCATION BASED PRODUCTS ARE UNAVAILBLE. YOU AGREE DO INDEMNIFY AND HOLD US HARMLESS BASED ON THIRD PARTY CLAIMS BASED IN WHOLE OR IN PART ON THEIR INABILITY TO USE A LOCATION BASED SERVICE.
PRODUCTS AND SERVICES PURCHASED THROUGH US ARE SOLD AS-IS. TO THE EXTENT THAT THESE PRODUCTS AND SERVICES HAVE WARRANTIES, YOU AGREE TO LOOK TO THE MANUFACTURER OR SUPPLIER FOR ALL CLAIMS. WARRANTIES MADE BY THESE MANUFACTURERS AND SUPPLIERS MAY NOT BE PASSED THROUGH TO YOU, AND WE EXPRESSLY DISCLAIM ANY OBLIGATION TO AFFECT SUCH A PASS THROUGH SHOULD ONE BE POSSIBLE.
IN NO EVENT WILL ITECH FRONTIERS' LIABILITY HEREUNDER EXCEED THE AGGREGAGE FEES ACTUALLY RECEIVED BY ITECH FRONTIERS FROM CUSTOMER FOR THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM ITECH FRONTIERS SHALL BE INTERPRETED TO INCLUDE ITECH FRONTIERS' EMPLOYEEâ€™S, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO CUSTOMER THROUGH ITECH FRONTIERS˘.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD ITECH FRONTIERS OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF ITECH FRONTIERS„˘ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS ITECH FRONTIERSâ„˘€™S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless ITECH FRONTIERS and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, 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 attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of our products (ii) any violation by you of the AUP; (iii) any breach of any of your representations, warranties or covenants contained in this Agreement; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
If you fail to comply with any terms of this Agreement, you shall be fully responsible for the cost of labor and any and all other costs, losses or legal expenses incurred by us in order to rectify the damage caused by you, or due to that damage.
8. OPERATION OF FACILITIES
In order to implement the services, you may be required to provide us with technical information. If we do not receive this information in a commercially reasonable amount of time, and the Agreement is terminated by us, you will continue to be responsible for all non-recurring charges, and any recurring charges accrued and/or invoiced up to and until termination. We may provide you with an IP address, or addresses. We retain ownership of these IP addresses and may change them at any time. Upon termination of this Agreement, you will not have the ability to transfer these addresses.
All notices must be sent in one of the following manners (i) by a recognized express carrier using delivery confirmation; (ii) by registered mail, return receipt requested; or (iii) by facsimile in which both the broadcasting machine and receiving machine date stamp each page of a transmitted document. Notices shall be deemed effective 2 business days following the date upon which receipt is indicated. However, if in the case of items (i) or (ii) above, should the notices be refused or the date of receipt be otherwise unavailable, notice will be deemed received 10 business days from actual deposit with the carrier. We reserve the right to contact you by e-mail regarding issues related to your account and this contract, other than material breaches and our termination of this Agreement. Our e-mail notices are effective 10 minutes after they are sent by our servers. Your e-mail communications to us shall not constitute notice. All notices will be sent to you at the address set out on your initial order form. It is your obligation to ensure that we have correct information to which to send notices. All notices to us shall be sent as follows.
ITECH FRONTIERS LLC„˘
16192 Coastal Hwy.
Lewes, DE 19958
ITECH FRONTIERS LLC„˘
2 Wisconsin Cir. Ste 700
Chevy Chase, MD 20815
Phone: +1 (240) 235-6071
Toll Free: +1 (888) 433-2987
10. OPERATION OF OUR FACILITIES
We retain the right to maintain and operate our facilities in such a manner as will best enable us to conduct our normal business operations. You may not terminate this Agreement based on changes in this operation unless such a change materially alters the type of product or service provided by us. In particular, you are not guaranteed a particular IP or IP block, shared server allocation, server rack, colocation space, or other physical location. At times, IP renumbering of server/equipment moves may be necessary; you agree to cooperate with us in the case of such a renumbering or move.
11.1. Choice of law, jurisdiction and forum
This Agreement shall be governed by the laws of the State of Delaware without regard to its choice of law rules. The parties specifically disclaim the application of the United Nations Convention for the International Sale of Goods. Federal courts located in Delaware shall have sole and exclusive jurisdiction over this Agreement. All actions relating to this Agreement shall be brought in the U.S. District Court for the State of Delaware. The parties expressly agree that jurisdiction is proper in the court set out in this paragraph.
11.2. Force Majure
Other than obligations regarding payments or confidentiality, neither party shall be in default or otherwise liable for any delay in or failure to perform under this Agreement if such a delay or failure is caused by an event beyond its reasonable control. Events beyond a partyâ€™s reasonable control include, but are not limited to, any act of God, any act of a common enemy, the elements, earthquakes, floods, fires, epidemics, inability to secure products or services from other persons, entities or transportation facilities, failures or delay in transportation or communications, or any act or failure to act by the other party or such other partyâ€™s employees, agents or contractors. Such a delay or failure shall not constitute a breach of this Agreement. Lack of funds shall not constitute a reason beyond a partyâ€™s reasonable control.
11.3. Transfer and Assignment
You may not sell, assign or transfer any of your rights or obligations under this Agreement without our prior written consent. We reserve the right to transfer services we provide to you, or assign this Agreement, at any time, without your consent or knowledge.
Any failure or delay on our part in exercising any of the rights or powers given to us in this Agreement shall not operate as a waiver of such a right or power, or affect our right to exercise the same or any other right or power at a later date.
Should any paragraph or aspect of this Agreement be determined to be contrary to law, the remainder of the Agreement shall be interpreted in such a manner as if the omitted portions had not been included.
Each party acknowledges that they have been given the opportunity to review this Agreement and discuss it with counsel of their choice. The Agreement shall be interpreted as if it had been jointly drafted, and shall not be construed against the drafter.
The following paragraphs shall survive the termination or expiration of this Agreement: 2 (Payment), 3 (Taxes), 5.4 (Reselling), 6 (Warranties and Limitation of Warranties), 7 (Indemnification), 9 (Notices), 11 (General).
ACCEPTABLE USE POLICY
1. Scope and Purpose
ITECH FRONTIERS LLC (hereafter referred to as "ITECH FRONTIERS") provides services to view and use products, services, and other materials made available over the Internet (Content). By its nature, the Internet is designed to permit the expression of a wide variety of commercial and non-commercial messages, as well as purchase and use products, services, and other items. However, the Internet is not owned or controlled by any one entity. ITECH FRONTIERS can not, and does not, monitor or control any Content, including its customer's Content. Use of the Internet, as a provider Content, or as a user of it, requires a high level of individual judgment. By accessing the Internet, you assume the risk that Content available through ITECH FRONTIERS' services may be inaccurate, offensive, illegal or otherwise unsuitable to your individual tastes, and/or needs. ITECH FRONTIERS can not, and will not, accept responsibility for injury that results from this Content, even if that Content may be legally actionable.
To balance the often competing issues that the nature of the Internet creates, ITECH FRONTIERS has created this Acceptable Use Policy (AUP). This AUP governs the use of the services provided by ITECH FRONTIERS, its customers, visitors to ITECH FRONTIERS' web sites, and visitors to customer's web sites (all such collectively referred to as "End Users"). It is a part of each customer's agreement with ITECH FRONTIERS and is incorporated by this reference. While this AUP is designed to facilitate open and free use of the Internet, and balance issues presented by that use, ITECH FRONTIERS may take actions based on this AUP that in its sole opinion are in its best business interests, regardless of whether the use itself is legal.
In particular, ITECH FRONTIERS encourages prospective customers to carefully review sections of this AUP covering E-Mail/SPAM, Intellectual Property Violations, and Security. A thorough review of those sections, and the entire AUP, may help avoid creating issues under it that will cause ITECH FRONTIERS to take action, up to, and including, termination of a customer's account.
Customers violate this AUP when they or End Users engage in activities prohibited by it. It is a customer's responsibility and contractual obligation to ensure that End Users comply with this AUP. ITECH FRONTIERS expects that customers will cooperate with it in the enforcement and administration of this AUP. A customer's failure to do so is a violation of their contract.
2.1 Lawful Use
ITECH FRONTIERS' services may be used for lawful purposes only. Customers and End Users may not use ITECH FRONTIERS' services to directly facilitate the violation of any particular law or regulation. Use of ITECH FRONTIERS' services is governed by the laws of the United States, regardless of our physical location or that of the Customer or End User.
2.2 Other Acceptable Use Policies
When using ITECH FRONTIERS to connect to other systems, Customers and/or End Users must respect any acceptable use policies, terms of service, terms and conditions or similar restrictions placed on their use by the owners of those systems.
Services we provide may be subject to other acceptable use policies. We will provide these acceptable use polices to you on request.
Any use of Customer's account, server, or any other service provided by ITECH FRONTIERS will be considered use by the individual or entity set out in ITECH FRONTIERS' records as the owner, or principal contact. This individual or entity will be held responsible for all contractual obligations including violations of this AUP. The security of Customer's systems and account details are the responsibility of the customer. The primary contact is considered the owner or authorized user of all data using ITECH FRONTIERS' services.
ITECH FRONTIERS recommends that Customers take steps to ensure that all use of their account and/or server is authorized. This includes restricting physical access to their computers and networks, logging their use, and ensuring that their account details (especially passwords) are stored securely. Connecting a computer to the Internet exposes it to millions of other computers. ITECH FRONTIERS recommends that Customers ensure that their computer is secured against abuse from the Internet. All security related responsibilities are those of the Customer unless otherwise agreed upon in writing. Computers are configured to facilitate their operation in ITECH FRONTIERS' network. This configuration may be less secure than others. Customers are encouraged to review security protocols and ensure that they have selected the security level fitting their needs. ITECH FRONTIERS makes no warranties regarding the security of its network.
The structure and nature of the Internet community changes often. Activities that may at one time have been considered to be acceptable to the general public, may, over time, become unacceptable. ITECH FRONTIERS, Customers, and End Users do business in this unstable and unpredictable environment. ITECH FRONTIERS will attempt to give Customers 30 days prior notice of a material change to this AUP. Such a notice will be posted at here in our Acceptable Use Policy. However, because of the nature of the Internet, ITECH FRONTIERS reserves the right to change this AUP without notice. Continued use of ITECH FRONTIERS' services constitutes acceptance of the most current version of the AUP.
It is the responsibility of the customer to notify ITECH FRONTIERS of any changes to their account or contact information. ITECH FRONTIERS has no responsibility for communications that are misdirected as a result of Customer's failure to provide ITECH FRONTIERS with updated contact information.
4. Contacting ITECH FRONTIERS regarding violation of this AUP
E-mail addresses used to contact ITECH FRONTIERS are set out within this AUP. Please note, that ITECH FRONTIERS has created special addresses for certain types of complaints. Complaints misdirected by a Customer or End User may not be responded to. Complaints submitted to ITECH FRONTIERS are not confidential and may be forwarded to ITECH FRONTIERS' customer or law enforcement, without notice. ITECH FRONTIERS does not recognize requests that complaints be kept confidential, and will not honor those requests.
Complaints for which a particular e-mail or other contact address is not specified in this AUP, should be sent to abuse@itechFRONTIERSâ„˘.com. Complainants should include as much detail as possible. Relevant E-mails or Usenet postings (including all headers) and logs, together with references to charters, acceptable use policies and other supporting evidence should all be included when they are available. Some abuse complaints may not receive a reply depending on the volume of abuse complaints about that particular issue.
ITECH FRONTIERS recognizes that it is often expedient to request that ITECH FRONTIERSâ„˘ take action related to a Customer or End User. However, ITECH FRONTIERSâ„˘ is not always in the best position to take action. The fact that a particular activity is prohibited in this AUP does not obligate ITECH FRONTIERSâ„˘ to take any specific action.
5. Intellectual Property Rights
Customers warrant that their use of ITECH FRONTIERSâ„˘' services are authorized, and that they are the lawful owner, or licensee of Content, placed on, or accessed through those services.
5.1 Copyright Infringement
ITECH FRONTIERSâ„˘ is registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act (DMCA). The DMCA contains very specific criteria setting out what an allegation of copyright infringement must contain. The criteria are available at https://www.copyright.gov/title17/92chap5.jsps#512. ITECH FRONTIERSâ„˘ is not required to respond to notices that do not fall within these criteria. Please review them carefully. Under Federal Law, you may be subject to heavy civil penalties if you misrepresent your copyright interest in a DMCA complaint.
Send your notices pursuant to the DMCA to:
ITECH FRONTIERSâ„˘ LLC
16192 Coastal Hwy.
Lewes DE 19958
or any address indicated in article 9. (NOTICES) of General Terms and Conditions.
5.2 Other Intellectual Property Infringement
Customers, and End Users, may not engage in activity that infringes or misappropriates the intellectual property rights of others. This includes but is not limited to, trademarks, service marks, trade secrets, software piracy and patents. Complaints about such activity by Customers or End Users may be directed to abuse@itechFRONTIERSâ„˘.com
6. Certain Content Restrictions
ITECH FRONTIERSâ„˘ does not knowingly host sites containing Child Pornography, Child Erotica or Bestiality. For the purposes of this AUP, ITECH FRONTIERSâ„˘ does not distinguish between Child Pornography, and Child Erotica, and both are collectively referred to as Child Pornography. Customers and End Users are prohibited from using ITECH FRONTIERSâ„˘' services to disseminate or access Child Pornography and Bestiality. ITECH FRONTIERSâ„˘ is required by law to report the use of its services to disseminate or display Child Pornography and Bestiality. ITECH FRONTIERSâ„˘ actively cooperates with law enforcement in their efforts to prosecute violations of U.S. statutes restricting Child Pornography and Bestiality, and will do so without informing Customers or End Users.
Child Pornography and/or Bestiality complaints may be directed to abuse@itechFRONTIERSâ„˘.com
Further information about child pornography may be found at www.ncmec.org
7. U.S. Export and Import Laws
Customers and End Users may not use ITECH FRONTIERSâ„˘' services to engage in a violation of U.S. export and import control laws. Violation of these laws may include selling products that may be legal to sell in the U.S., but illegal to export; or legal to sell in one country, and illegal to sell in the U.S. Customers may not use ITECH FRONTIERSâ„˘' services to provide services to End Users with whom U.S. citizens may not do business.
More information about U.S. export laws may be found at
Customers and End Users should not assume that any information in ITECH FRONTIERSâ„˘' possession is confidential or will not be disclosed.
Customers and End Users should not assume that they will receive notice of subpoenas and requests for information related to their accounts.
9. IP Addresses
ITECH FRONTIERSâ„˘ or its Licensor owns IP numbers and addresses assigned to customers. ITECH FRONTIERSâ„˘ may, in its sole discretion, change these numbers. These numbers may not be transferred to another provider.
10. Subpoenas and Other Requests for Information
Law enforcement agencies who seek information about ITECH FRONTIERSâ„˘' customers, and/or their use of ITECH FRONTIERSâ„˘' services, are required to submit a subpoena, or other similar document, pursuant to which ITECH FRONTIERSâ„˘ is required by law to produce this information (Subpoena). Unless specifically required by law and so clearly communicated to ITECH FRONTIERSâ„˘, the Subpoena will be transmitted to ITECH FRONTIERSâ„˘' Customer.
Civil demands for information, such as discovery requests and similar demands (Civil Demands), must be part of a filed and pending litigation matter. Responses to Civil Demands are at ITECH FRONTIERSâ„˘' discretion. Responses are subject to a response fee of $250 per hour. ITECH FRONTIERSâ„˘ does not honor requests from civil litigants to limit or to pre-approve response expenses. Civil litigants are encouraged to contact ITECH FRONTIERSâ„˘ prior to serving Civil Demands in order to minimize their expense.
Address for Subpoenas and Civil Demands:
ITECH FRONTIERSâ„˘ LLC
2 Wisconsin Cir. Ste 700
Chevy Chase, MD 20815
11.1 Unauthorized Access
Under no circumstances may ITECH FRONTIERSâ„˘' systems be used to gain access or deny access to a system or attempt to gain or attempt to deny access to a system without the permission of the system's owners (or rightful users).
11.2 Denial of Service (DoS)
A Denial of Service (DoS) attack is designed to disproportionately consume the resources of a system in order to reduce its ability to serve its function.
Under no circumstances may ITECH FRONTIERSâ„˘' systems be used in DoS attacks.
11.3. Prohibition of Abnormal, Damaging Traffic
Abnormal traffic shapes may cause determental effects to other users and/or the network, and, in extreme cases, may have DoS attack like effects.
11.3.1. Maximum pps Ratio
Customers must ensure that their packets per second (pps) ratio is below 1 packet/second per each 1000 bits/second (i.e. 1 pps per 1 Kb/s). Any higher pps to bandwidth ratios will result in immediate service termination with no grounds for reinstatement. Furthermore, Customer will be liable for a minimum fine of $500 per hour that the pps ratio is exceeded, or greater based on the scope of the effect on other users and/or the network.
11.4 Probes and Scans
A probe is a connection made to a computer in order to determine if it has a security vulnerability (for example, testing a mail relay to see if it allows third party relay). This also includes un-authorized security testing of any system or network.
A port scan is making multiple attempts to connect to a computer on different ports in order to determine the services it provides.
A sweep is a series of attempts to connect to multiple network addresses in order to determine whether they are in-use, providing a specific service or to map a network's topology.
Spoofing is faking the details of a connection in order to make it appear to come from a different computer, organization or individual without their permission.
11.4.2 Prohibition of Probes, Port-Scans, Sweeps and Spoofing
Probes, port-scans, sweeps and spoofing of systems without the express permission of the owners of those systems is prohibited, and may be reported to law enforcement agencies.
ITECH FRONTIERSâ„˘ reserves the right to use probes, port-scans, sweeps and spoofing on any system connected to the ITECH FRONTIERSâ„˘ network in the course of performing security assessments and threat management.
11.4.3 Virus/Worm/Trojan Infections and Distribution
Virus infections are the responsibility of the customer and must be rectified as soon as possible. ITECH FRONTIERSâ„˘ reserves the right to disconnect an infected customer if damage to other servers or third parties cannot be avoided otherwise. Notification will be sent if a disconnection is necessary, but there may be no delay between notification and disconnection.
The Internet is a robust source for communication between individuals and entities. ITECH FRONTIERSâ„˘ supports the use of E-mail for legitimate communications in a manner that is generally accepted. The use of E-mail for unsolicited bulk E-mails is not generally accepted. The use of ITECH FRONTIERSâ„˘' services to transmit this type of E-mail is specifically prohibited by this AUP. While differences of opinion may exist on what type of E-mail communication constitutes unsolicited bulk E-mail, or SPAM, ITECH FRONTIERSâ„˘' Customers and End Users are required to abide by the definitions and restrictions in this AUP, regardless of whether a particular type of E-mail communication is permissible by law or other regulation.
Bulk (or Broadcast) E-mail
Bulk E-mail is sending of substantively similar E-mails to more than 20 E-mail addresses.
Commercial E-mail is any E-mail message, the primary purpose of which, is the commercial advertisement or promotion of a commercial product or service, including Content on a web site, which is operated for a commercial purpose, or which has as its primary goal, a commercial purpose.
12.1.2 ITECH FRONTIERSâ„˘' services may not be used to send UBE and UCE (a.k.a. spam)
ITECH FRONTIERSâ„˘' systems may not be used to send Unsolicited Bulk E-mails (UBE) or Unsolicited Commercial E-mails (UCE).
Customers or others acting on their behalf may not send UBE or UCE promoting or advertising domain names, URIs or E-mail addresses hosted by ITECH FRONTIERSâ„˘.
See RFC2635 for more information on spam.
12.1.3 Other Commercial Announcements
Neither customers nor End Users may post any commercial advertisement on any public bulletin board system or web site unless it is expressly allowed on that system or web site. Complaints will be handled in the same manner as UBE and UCE complaints.
12.1.4 Bulk Mailing Bulk Mailing Through ITECH FRONTIERSâ„˘
ITECH FRONTIERSâ„˘' mail servers are the only servers designed to send Bulk E-mail using the mailing list system that may be part of the subscribers account. Sending Bulk (or Broadcast) E-mail through or from any ITECH FRONTIERSâ„˘ owned server, that is not expressly designed to handle mailing lists, is strictly prohibited. This specifically includes but is not limited to ITECH FRONTIERSâ„˘ web servers running any operating system or combination of server software. Violations of this policy may lead to sanctions permanently or temporarily inhibiting the ability to send any mail from those servers or total account termination at ITECH FRONTIERSâ„˘' sole discretion.
12.2 Mail Bombing
Mail Bombing is sending more than 10 substantively similar E-mails to the same recipient in any 24-hour period.
ITECH FRONTIERSâ„˘' systems may not be used to engage in Mail Bombing.
Usenet is a distributed hierarchy of publicly accessible forums primarily defined by RFC1036.
13.1 Usenet Spam
Cross posting is posting a single Usenet message that is marked as appearing in multiple newsgroups.
Multi-posting is repeatedly posting identical or substantively similar messages. Multi-posting is considered bad because each copy of a multi-posting must be separately distributed across Usenet, whereas a cross-posted message need only be transferred once (even though it appears in multiple newsgroups).
In order to quantify how bad a multi-posted or cross-posted message is the Briedbart index is used.
If during any 45 day period, a series of substantively similar messages are posted, the first cross-posted to n1 groups, the second to n2 groups, the third to n3 groups, etc. The Briedbart index of that series of postings is calculated as the sum of the square roots of n1, n2, n3, etc.
Excessive Multi-Posting (EMP)
Any series of substantively similar postings with a Briedbart index greater than 20 constitutes Excessive Multi-Posting (EMP).
13.1.2 Prohibition of EMP
ITECH FRONTIERSâ„˘' systems may not be used for EMP. Customers or others acting on their behalf may not engage in EMP promoting or advertising domain names, URIs or E-mail addresses hosted by ITECH FRONTIERSâ„˘.
13.2 Off-Topic Posts
Many newsgroups have charters which place restrictions on what messages may be posted to them. Charters can be searched for here: https://www.faqs.org/faqs/faqsearch.jsps.
Where a charter exists for a newsgroup, a message posted to it which violates that charter is off-topic.
13.2.2 Prohibition of Off-Topic Posts
ITECH FRONTIERSâ„˘' systems may not be used to post off-topic messages. Customers or others acting on their behalf may not post off-topic messages promoting or advertising domain names, URIs or E-mail addresses hosted by us is also prohibited.
14. Prohibited Services & Protocols
IRC related programs, including, but not limited to, clients, bots, and servers, may not be run using ITECH FRONTIERSâ„˘' services. No connections to IRC or IRC-like servers or hosts may be made from ITECH FRONTIERSâ„˘' services.
Customers may not make use of the multicast protocol unless they have a written and signed exemption to this rule from ITECH FRONTIERSâ„˘. Customers using the multicast protocol without prior written authorization will be billed up to $500 per hour that multicast is used.
14.3 Open Proxies
Customers may not make use of proxy servers that are not protected by a username and/or password or restricted to specific IP addresses to make indirect network connections to other network services. This includes, but is not limited to, SOCKS proxies, Web proxies, Network address translation (NAT) proxies, Web-based proxy servers and open SMTP relays.
ITECH FRONTIERSâ„˘ expressly reserves the right to suspend or terminate, without notice, all services for any customer who violates our terms and conditions. The sub-sections in this section are only presented as a guide to how complaints are normally handled. Complaints about any violation or unacceptable activity may lead to suspension or termination of any service or services offered by ITECH FRONTIERSâ„˘. No refunds are provided for services terminated because of any violations of this AUP.
If practical, we will contact Customer (either by telephone or E-mail) before any action is taken. Where ITECH FRONTIERSâ„˘ believes that the violation was accidental or will not be repeated, ITECH FRONTIERSâ„˘ may, at its discretion, choose to re-enable services. In these circumstances ITECH FRONTIERSâ„˘ may also place restrictions or further conditions on Customerâ€™s use of ITECH FRONTIERSâ„˘' systems, require a formal undertaking from them regarding their future conduct or require payment to cover costs incurred by ITECH FRONTIERSâ„˘ in dealing with the abuse incident.
In certain circumstances, ITECH FRONTIERSâ„˘ may suspend a Customer's services in the interests of preventing further abuse while ITECH FRONTIERSâ„˘ investigates.
15.1 Consequences of UBE and UCE Complaints
UBE and UCE are a total violation of a customer's contract, and will be dealt with firmly by ITECH FRONTIERSâ„˘. Since it is true that complaints do come in about UBE or UCE and the complainant is actually a valid subscriber there is an allowance as follows: The responsibility lies on Customer to make sure their mailing lists are kept up to date and clean of all non-subscribers. Even responded to warnings under section 16.1.1 below will count against the total for subsequent sections following 16.1.1.
15.1.1 Two or More Complaints in One 24 Hour Period
If UBE or UCE generates two or more complaints in one 24-hour period Customer will be notified of those complaints with copies of the reported E-mails. This one chance will be given to cease this activity, secure the system from relaying/abuse, or unsubscribe those who filed the complaints.
15.1.2 Five or More Complaints in Three Consecutive 24 Hour Periods
If UBE or UCE generates five or more complaints in three 24-hour periods service will be suspended for ten days. Customer will be notified of those complaints with copies of the reported E-mails. It will be the responsibility of Customer to request reconnection when the ten day suspension period has expired. A reconnection fee, equivalent to the a normal account/service set-up fee, will apply.
15.1.3 Eight or More Complaints in Five Consecutive 24 Hour Periods
If UBE or UCE generates eight or more complaints in five consecutive 24-hour periods the account will be terminated immediately. Notification will be sent after services are terminated.
15.1.4 Complaints Regarding Open Relays or Open Proxies
If UBE or UCE complaints indicate an open relay or open proxy or ITECH FRONTIERSâ„˘ discovers an open relay or open proxy through the course of business Customer will be notified after services are suspended. Restoration of service will require written acknowledgment of the reason for suspension and either:
1) An indication that the security issue will be remedied including how this will be achieved; or 2) Customer pays ITECH FRONTIERSâ„˘ to remedy the security issue on the customer's behalf.
15.1.5 If Any Portion of Our Network is Blocked or 'Blacklisted' by a Third Party
If any services consumed by a Customer, or End User, is found to be the cause for any part of ITECH FRONTIERSâ„˘' network being blocked or 'blacklisted' by any third party in any way, ITECH FRONTIERSâ„˘ reserves the right to terminate some or all services offered by ITECH FRONTIERSâ„˘ without notice. It is the responsibility of Customers to be sure they and their subscribers are not abusing our network and causing service problems for other Customers.
SERVICE LEVEL AGREEMENT (SLA)
ITECH FRONTIERS LLCâ„˘ is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the ITECH FRONTIERSâ„˘ network. The ITECH FRONTIERSâ„˘ Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of ITECH FRONTIERSâ„˘ web hosting, reseller, dedicated server, co-location, e-commerce, high speed wireless, and dial-up/dedicated access services.
ITECH FRONTIERSâ„˘ strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by ITECH FRONTIERSâ„˘ monitoring systems or ITECH FRONTIERSâ„˘ authorized/contracted outside monitoring services. If ITECH FRONTIERSâ„˘ fails to meet its 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each customer, upon request, on a case by case basis. ITECH FRONTIERSâ„˘ does not credit a full month's service for minor downtime. This would not be financially healthy for ITECH FRONTIERSâ„˘, and in turn would only negatively affect the service level ITECH FRONTIERSâ„˘ provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, ITECH FRONTIERSâ„˘ may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the ITECH FRONTIERSâ„˘ network caused by or associated with:
Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or 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 Service Level Agreement
Telco Failure (ie...Verizonâ„˘ cutting a fiber line somewhere)
Backbone peering point issues (ie...UUnetâ„˘ having a router go down in Virginia that wipes out Internet service for the entire East Coast)
Scheduled maintenance for hardware/software upgrades
Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). ITECH FRONTIERSâ„˘ utilizes only name brand hardware of the highest quality and performance.
Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
DNS issues not within the direct control of ITECH FRONTIERSâ„˘
Network floods, hacks, attacks from outside parties or individuals
Failure or error of any ITECH FRONTIERSâ„˘ monitoring or measurement system
Customerâ€™s acts or omissions, including without limitation, any negligence, willful misconduct, or use of ITECH FRONTIERSâ„˘ service(s) in breach of ITECH FRONTIERSâ„˘ Policy and Service Guidelines (AUP), by Customer or others authorized by Customer.
ITECH FRONTIERS'â„˘ goal is to make the ITECH FRONTIERSâ„˘ network available to Customer free of outages for 99.5% of the time. An "outageâ€ť is defined as an instance in which Customer is unable to transmit and receive IP packets due to an ITECH FRONTIERSâ„˘ service failure for more than 15 consecutive minutes, excluding service failures relating to ITECH FRONTIERS'â„˘ scheduled maintenance and upgrades. The ITECH FRONTIERSâ„˘ network does not include customer premises equipment or any Telco access facilities connecting Customer's premises to such infrastructure. ITECH FRONTIERS'â„˘ goal is to keep Average Round-Trip Latency on the ITECH FRONTIERSâ„˘ network to 85 milliseconds or less. ITECH FRONTIERSâ„˘ defines â€śAverage Round-Trip Latencyâ€ť, with respect to a given month, as the average time required for round-trip packet transfers between the ITECH FRONTIERSâ„˘ network and major US backbone peering points during such month, as measured by ITECH FRONTIERSâ„˘. ITECH FRONTIERS'â„˘ goal is to keep Average Packet Loss on the ITECH FRONTIERSâ„˘ network to 1% or less. ITECH FRONTIERSâ„˘ defines â€śAverage Packet Lossâ€ť, with respect to a given month, as the average percentage of IP packets transmitted on the ITECH FRONTIERSâ„˘ network during such month that are not successfully delivered, as measured by ITECH FRONTIERSâ„˘.
ITECH FRONTIERSâ„˘ will periodically (on average every 5 minutes) monitor ITECH FRONTIERSâ„˘ network and server availability using software and hardware components capable of measuring application traffic and responses. Customer acknowledges that, that such measurements may not measure the exact path traversed by Customerâ€™s Internet connection, and that such measurements constitute measurements across the ITECH FRONTIERSâ„˘ network but not other networks to which Customer may connect. ITECH FRONTIERSâ„˘ reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer. Full network and server reporting will be posted to a location designated by ITECH FRONTIERSâ„˘ and made available to Customer.
ITECH FRONTIERSâ„˘ stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. ITECH FRONTIERSâ„˘ utilizes only name brand hardware of the highest quality and performance. ITECH FRONTIERSâ„˘ will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Ciscoâ„˘ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current ITECH FRONTIERSâ„˘ or its licensor's contracts with Ciscoâ„˘ and backbone providers in regard to the emergency repair service in case of such an issue. ITECH FRONTIERSâ„˘ will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Customer, with an unlimited free replacement policy. This includes parts ordered as upgrades. ITECH FRONTIERSâ„˘ will replace all faulty hardware on all non-purchased dedicated and wireless access customer premise equipment, at no charge to the Customer, unless equipment has been tampered with, or damage is caused by direct neglect/action(s) of Customer.
Credit requests must be made on the ITECH FRONTIERSâ„˘ web site, by filling out the "Service Level Agreement (SLA) Request" form. Each request in connection with network/server outages/downtime must be received by ITECH FRONTIERSâ„˘ within five days of the occurrence. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by ITECH FRONTIERSâ„˘ within five days after the end of such month. The total amount credited to a Customer for ITECH FRONTIERSâ„˘ not meeting SLA service levels will not exceed the service fees paid by Customer ITECH FRONTIERSâ„˘ for such services for the period in question. Each validly requested credit will be applied to a Customer invoice within 30 days after ITECH FRONTIERS'â„˘ receipt of such request. Credits are exclusive of any applicable taxes charged to Customer or collected by ITECH FRONTIERSâ„˘. Upon Customerâ€™s request (in accordance with the procedure set forth below), ITECH FRONTIERSâ„˘ will issue a credit to Customer for network/server outages/downtime occurring during any calendar month that are reported by Customer to ITECH FRONTIERSâ„˘ and confirmed by ITECH FRONTIERS'â„˘ measurement reporting. Such credit will be equal to one dayâ€™s worth (1/30th) of the monthly fees paid by Customer, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the ITECH FRONTIERSâ„˘ network for a calendar month exceeds 85 milliseconds, then upon Customer's request, ITECH FRONTIERSâ„˘ will issue a credit to Customer equal to six day's worth (1/5th) of the monthly service fees paid by Customer for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Customerâ€™s request, ITECH FRONTIERSâ„˘ will issue a credit to Customer equal to six day's worth (1/5th) of the monthly service fees paid by Customer for such month.
ITECH FRONTIERSâ„˘ reserves the right to change or modify this SLA to benefit the Customer, and will post changes to location currently housing this SLA at time of modification, which will be made available to Customer. Except as set forth in this SLA, ITECH FRONTIERSâ„˘ makes no claims regarding the availability or performance of the ITECH FRONTIERSâ„˘ network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by Customer. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by Customer, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.
1. Information Collected from Visitors to ITECH FRONTIERSâ„'s Web Sites
ITECH FRONTIERSâ„˘ may collect the following information from its customers:
Name, address, e-mail, and phone;
Credit card information. (Customer Information)
Customer Information is provided knowingly and voluntarily by customers during ITECH FRONTIERS'â„˘ sign up process. Customers knowingly and willingly provide Customer Information to us as part of the provisioning and use of their accounts.
In addition, ITECH FRONTIERSâ„˘ may collect the following information from visitors to its web sites, who may or may not be customers:
Initial and elapsed, time on the web site;
Page(s) visited; and
Cookies containing information about whether you have visited ITECH FRONTIERS'â„˘ web sites in the past and/or promotional/discount codes. (Web Site Information)
Web Site Information may not be provided knowingly and voluntarily by customers and visitors. However, cookies are only placed on your computer if you choose to participate in certain incentive plans, which reward you for customer referrals, provide special promotional discounts, and other similar programs. You may choose to disable cookies in your web browser and still access our web site.
From time-to-time we may offer visitors to our web site, and customers, the opportunity to participate in other incentive programs. The information collected as part of these programs will be voluntary, the purposes for which the information is used disclosed, and its use will be set out on, or associated with, the page on which it is collected.
2. How we Use the Information we Collect
a) Customer Information is collected:
To establish, provision, maintain and provide services to you and third parties;
To allow us to bill you for our services;
To establish security features for your account;
To fulfill our obligations under agreements with domain name registrars;
To fulfill our obligations under agreements governing the use, governance and structure of the Internet;
To associate the services we provide you with an account and an individual or entity;
To contact you regarding the services we provide you;
For legal and regulatory purposes; and
To establish your creditworthiness and collect debts.
b) Web Site Information is collected:
To determine the number of visitors to our web sites and the pages visited;
For legal and regulatory purposes;
To determine the general geographic region of visitors;
To establish a fraud profile;
If a visitor participates in an incentive program or clicks through an affiliate or a sales person, a cookie is placed on their computer - it is only used at the time of order to ensure that the discount or affiliate/sales commission is accordingly provided when and if service is ordered. Cookies are not used for tracking our web site visitors.
3. How we Disclose Customer Information and Web Site Information
We may disclose Customer Information and Web Site Information in the following circumstances, with, or without, your knowledge and/or approval:
To a governmental entity, an agent acting on behalf of a governmental entity, a law enforcement agency, or an individual or entity acting under the color of law;
To a quasi-governmental organization administering the Internet;
To domain name registrars;
To ITECH FRONTIERS'â„˘ parent companies or subsidiaries;
To your agents, or individuals or entities who, based on ITECH FRONTIERS'â„˘ reasonable belief, are acting as your agent;
To a debt collection agency;
Internally, to administer your account, determine the effectiveness of our programs and services, and to optimize and improve our services, web sites and network; and/or
To a company or individual employed by ITECH FRONTIERSâ„˘, or acting as our agent, to perform functions related to your account.
ITECH FRONTIERSâ„˘ generally asks that Customer Information or Web Site Information disclosed to a third party be kept confidential. However, ITECH FRONTIERSâ„˘ cannot control the third party use of the information set out in 3 a-e above.
4. Information Collected by ITECH FRONTIERS'â„˘ Customers
This policy does not cover information collected by ITECH FRONTIERS'â„˘ customers. These customers may collect more or less information than ITECH FRONTIERSâ„˘, and use it in different ways. ITECH FRONTIERSâ„˘ may have access to this information depending on the services it provides to customers. However, ITECH FRONTIERSâ„˘ will not intentionally access or use this information unless absolutely necessary.
5. Retention of Information
Customer Information is retained for an unlimited period of time. However, should you terminate your relationship with us, it will only be disclosed to third parties only pursuant to paragraph 3 a through f above.
Web Site Information, other than cookies, is only retained during your visit to our web site. Aggregate information based on Web Site Information (e.g. web site visitor IP and pages viewed logs) may be retained for an unlimited period of time, but cannot be used to identify you. Cookies remain on your computer until you remove them. Should you remove them, you may be required to re-register for certain programs (if still available), and may not receive credit for the discount or incentive that your cookie was provided for.
6. Data Security
Access to all information provided to ITECH FRONTIERSâ„˘ is restricted to employees, contractors and agents, who have a business need to access that information. Some services provided by ITECH FRONTIERSâ„˘ require transmission of information to third parties. These third parties may have data security processes that differ from those set out here.
7. Accuracy / Revision
You are responsible for, and have unlimited access to modify or change, all Customer Information other than Customer Information related to your creditworthiness, and our web site access logs. ITECH FRONTIERSâ„˘ is responsible for information related to your creditworthiness, our web site access logs, and our Web Site Information. If you would like to review or correct information for which we are responsible, please use your control panel to do so, or contact us at:
ITECH FRONTIERS LLCâ„˘
16192 Coastal Hwy.
Lewes, DE 19958
ITECH FRONTIERS LLCâ„˘
2 Wisconsin Cir. Ste 700
Chevy Chase, MD 20815
Phone: +1 (240) 235-6071
Toll Free: +1 (888) 433-2987
ITECH FRONTIERSâ„˘ will review your request, and respond within 30 days.
ITECH FRONTIERSâ„˘ SERVER SUITE AND SECURE SUITE USER LICENSE AGREEMENT
END-USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND ITECH FRONTIERSâ„˘. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS TERMINATION AND WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY ITECH FRONTIERSâ„˘ HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
(a) "ITECH FRONTIERSâ„˘" means ITECH FRONTIERS LLC â„˘ and its authorized sub-licensors.
(b) "You" means the individual or entity entering into this EULA.
(c) "Licensed Server" means the one (1) server having the Internet Protocol Address that you have provided in your Pricing and Term Agreement, to which the licenses granted pursuant to this EULA shall apply. A Licensed Server may be a Virtual Private Server.
(d) "Pricing and Term Agreement" means the Pricing and Term Agreement or other similar agreement executed, acknowledged or otherwise agreed to by you in connection with the license of the Software, which sets forth (among other things) the price and term of the license granted under this EULA.
(e) â€śSoftware" means only the ITECH FRONTIERSâ„˘ software program(s) and third-party software programs, in each case, supplied by ITECH FRONTIERSâ„˘ herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation.
2. Pricing and Term Agreement
Your Pricing and Term Agreement is hereby incorporated by reference and made a part of this EULA. All terms and conditions set forth in your Pricing and Term Agreement shall apply to this EULA as if expressly set forth herein. For the avoidance of doubt, any reference to "this EULA" shall also mean to include a reference to your Pricing and Term Agreement.
3. License Grants
The licenses granted in this Section 3 are subject to the terms and conditions set forth in this EULA:
(a) You may install and use the Software only on the Licensed Server. You may not install or use the Software on any other servers other than the Licensed Server. In order to install and use the Software on servers other than the Licensed Server, you will need to obtain a separate license for each additional server, including a separate license for each additional Virtual Private Server.
(b) You may sub-license the right to use (but not the right to install) the Software to any and all third party users of the Licensed Server ("Third Party Users"); provided, however, that such Third Party Users are eighteen (18) years or older. NOTWITHSTANDING THE FOREGOING, YOUR RIGHT TO SUB-LICENSE THE USE OF THE SOFTWARE TO A THIRD PARTY USER IS conditioned upon you and each Third Party User separately agreeing as follows:
(i) The Third Party User's right to use the Software in connection with the Licensed Server is made pursuant and subject to the license granted to you under this EULA;
(ii) The Third Party User's use of the Software is subject to the warranty disclaimers set forth in Section 9 below;
(iii) The Third Party User may use the Software as long as this EULA is effective and valid. The Third Party User's right to use the Software shall automatically expire without any notice upon the expiration or termination of this EULA for any reason whatsoever. ITECH FRONTIERSâ„˘ reserves the right in its sole and absolute discretion to terminate each Third Party User's access to and use of the Software upon the expiration or termination of this EULA or in the event that you breach this EULA. Upon such expiration or termination of this EULA, access to and use of the Software by the Third Party User in connection with the Licensed Server will not be available; and
(iv) You and the Third Party User agree to waive any and all claims (whether under law, equity or any other theory of liability) against ITECH FRONTIERSâ„˘ and its authorized sub-licensors that may arise from the Third Party User's inability to use the Software upon the expiration or termination of this EULA for any reason whatsoever.
The terms of this Section 3(b) must be expressly incorporated into any agreement between you and any Third Party User concerning the use of the Software. Use of or access to the Software on a Licensed Server by Third Party Users who have not agreed to the terms of this Section 3(b) will exceed the scope of the license grant and is expressly prohibited.
Upon the request of ITECH FRONTIERSâ„˘ from time to time, you shall provide ITECH FRONTIERSâ„˘ copies of such agreements between you and the Third Party Users. ITECH FRONTIERSâ„˘ shall also have the right (but not the obligation) to notify the Third Party Users when this EULA will expire or be terminated, and that the Software will not be available to them thereafter under this EULA.
(c) In the event the Software is distributed along with other ITECH FRONTIERSâ„˘ software products as part of a suite of products (collectively, the "Package"), the license of the Package is licensed as a single product and none of the products in the Package, including the Software, may be separated for installation or use other than on the Licensed Server.
(d) You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You may not sell or transfer any copy of the Software made for backup purposes except in conjunction with a duly authorized sale or transfer.
(e) You agree that ITECH FRONTIERSâ„˘ may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this EULA, you shall reimburse ITECH FRONTIERSâ„˘ for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance. You agree that ITECH FRONTIERSâ„˘ may use technological means to monitor your use of the Software and you hereby consent to such technological means as may be necessary to monitor your use of the Software without notice by ITECH FRONTIERSâ„˘.
(f) Your license rights under this EULA are non-exclusive. In addition, your license rights under this EULA are non-transferable unless otherwise agreed by ITECH FRONTIERSâ„˘.
(g) Mandatory Product Activation and Authentification System. The license rights granted under this Agreement may be limited to the first fifteen (15) days after you first install the Software unless you supply information required to activate your licensed copy in the manner described during the setup sequence of the Software. You may need to activate the Software through the use of the Internet or telephone; toll charges may apply. The Software contains technological measures that working in conjunction with computer servers operated by ITECH FRONTIERSâ„˘ are designed to prevent unlicensed or illegal use of the Software ("Authentification System"). Such Authentification System allows ITECH FRONTIERSâ„˘ to (among other things) monitor your use of the Software, ensure that the Software is only used for the Licensed Server and terminate use of the Software upon the expiration or termination of the licenses granted under this EULA (as the case may be). You agree that ITECH FRONTIERSâ„˘ may use those measures to disable access to and the use of the Software by You or any Third Party Users of your Licensed Server. You agree not to thwart, interfere or block the operation of any aspect of the Authentification System. Product activation and use of the Software requires the exchange of information between the Licensed Server and ITECH FRONTIERSâ„˘.
4. License Restrictions
(a) Other than as set forth in Section 3, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
(b) Except for bug fixes, patches and other modifications for the Software provided to you by ITECH FRONTIERSâ„˘, you may not alter, merge, modify, adapt or translate the Software (including the source code) in any manner whatsoever.
(c) You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to any human-readable form, create derivative works based upon the Software or use the Software to develop any application having the same primary function as the Software.
(d) You may not rent, lease, or sublicense the Software except as otherwise provided in Section 3.
(e) You may receive the Software in more than one medium but you shall only install or use one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the Licensed Server on which the Software is to be installed.
(f) You may receive the Software in more than one platform but you shall only install or use one platform.
(g) If your Pricing and Term Agreement provides for an Educational License, Non-Profit License or Trial Version License, you may not use the Software for any commercial purposes.
(h) If your Pricing and Term Agreement provides for a Trial Version License, you may only use the Software to review and evaluate the Software.
(i) Notwithstanding anything to the contrary, you may not use, install or sub-license the Software in any manner that may be in violation of any applicable laws, regulations, presidential executive orders and agency rulings. Without limiting the foregoing, you may not use, install or sub-license the Software, directly or indirectly, in or to any country or any person where such use, installation or sub-license would be prohibited by virtue of any applicable law, regulation, presidential executive order or agency ruling.
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity.
6. Ownership of Intellectual Property
The foregoing license gives you a limited license to use and install the Software. ITECH FRONTIERSâ„˘ retains all right, title and interest, including all copyright, trade secrets, trademarks and intellectual property rights, in and to, the Software and all copies thereof. All rights not specifically granted in this EULA, including, without limitation, copyright, trade secrets, and trademarks, are reserved by ITECH FRONTIERSâ„˘.
In consideration of the licenses granted to you pursuant to this EULA, you shall pay ITECH FRONTIERSâ„˘ the amount(s) set forth in your Pricing and Term Agreement in accordance with the payment terms contained therein.
8. Term and Termination
(a) The term of the licenses granted to you under this EULA is set forth your Pricing and Term Agreement. This EULA shall automatically expire upon the expiration of such term.
(b) In the event that you fail to comply with any of the terms or conditions of this EULA, ITECH FRONTIERSâ„˘ may immediately terminate this EULA with or without notice.
(c) Upon the expiration or termination of this EULA as set forth above, you must destroy all copies of the Software and delete the Software from the Licensed Server. All rights of ITECH FRONTIERSâ„˘ under this EULA shall survive such expiration or termination.
(d) You hereby acknowledge and agree that ITECH FRONTIERSâ„˘, through its Authentification System, may automatically terminate your ability and each Third Party User's ability to access or use the Software upon the expiration, termination or breach of this EULA or upon the expiration, termination or breach of your Pricing and Term Agreement.
9. Limited Warranty and Disclaimer
(a) ITECH FRONTIERSâ„˘ warrants that, for a period of ninety (90) days from the date of delivery of the Software: (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and (ii) the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use. The warranty in this Section 9(a) shall not apply if your Pricing and Term Agreement provides for an Educational License, Non-Profit License or Trial Version License.
(b) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, THE SOFTWARE LICENSED HEREUNDER IS PROVIDED "AS IS" AND ITECH FRONTIERSâ„˘ HEREBY DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE ARE NO WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. ITECH FRONTIERSâ„˘ DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. ITECH FRONTIERSâ„˘ SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
(c) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
(d) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ITECH FRONTIERSâ„˘, ITS DEALERS, SUB-LICENSORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
(e) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
10. Exclusive Remedy
Your exclusive remedy under the preceding Section 10 is to seek a refund for the Software. Provided that any non-compliance with the above warranty is reported in writing to ITECH FRONTIERSâ„˘ no more than ninety (90) days following delivery to you, ITECH FRONTIERSâ„˘ will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. ITECH FRONTIERSâ„˘ shall have no responsibility if the Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
11. Limitation of Liability
(a) ITECH FRONTIERSâ„˘ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ITECH FRONTIERSâ„˘ OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) ITECH FRONTIERSâ„ TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(c) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
In the event that you sub-license the right use the Software to any Third Party Users pursuant to Section 3, you agree to indemnify, defend and hold ITECH FRONTIERSâ„˘ and each of its shareholders, affiliates, officers, directors, employees, agents, successors, assigns, partners, sub-licensors, distributors and resellers (collectively, the "Indemnified Parties") harmless from any and all loss, liability, damage or deficiency (including interest, penalties, costs of preparation and investigation, and reasonable attorneys" fees) that the Indemnified Parties may suffer, sustain, incur or become subject to, arising out of or due to any claims raised by any Third Party User in connection with the use or inability to use the Software for any reason whatsoever, including, without limitation, if this EULA is terminated pursuant to Section 8.
13. Basis of Bargain
The Limited Warranty and Disclaimer, Exclusive Remedies, Limited Liability and Indemnification set forth above are fundamental elements of the basis of the agreement between ITECH FRONTIERSâ„˘ and you. ITECH FRONTIERSâ„˘ would not be able to provide the Software on an economic basis without such limitations. Such Limited Warranty and Disclaimer, Exclusive Remedies, Limited Liability and Indemnification inure to the benefit of ITECH FRONTIERSâ„˘.
14. Notice to U.S. Government Users
The Software and any associated documentation are "Commercial Items," as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
15. Third-Party Software
The Software may contain third-party software which requires notices and/or additional terms and conditions. Such required third-party software notices and/or additional terms and conditions are located at </usr/local/itechfrontiers/src> and are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.
This EULA shall be governed by the laws of the State of Delaware, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Delaware or the federal courts in Delaware to resolve any disputes arising under this EULA.
This EULA (including the Pricing and Term Agreement) contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of ITECH FRONTIERSâ„˘ to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No ITECH FRONTIERSâ„˘ dealer, partner, distributor, reseller, sub-licensor, agent or employee is authorized to make any amendment to this EULA.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
All notices or questions relating to this EULA shall be directed to:
ITECH FRONTIERS LLCâ„˘
16192 Coastal Hwy.
Lewes, DE 19958
ITECH FRONTIERS LLCâ„˘
2 Wisconsin Cir. Ste 700
Chevy Chase, MD 20815
Phone: +1 (240) 235-6071
Toll Free: +1 (888) 433-2987
ITECH FRONTIERSâ„˘ and other trademarks contained in the Software are trademarks or registered trademarks of ITECH FRONTIERS LLC â„˘. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use ITECH FRONTIERS'â„˘ or its sub-licensors' names or any of their respective trademarks.