Terms of Service Agreement
“We” includes Supreme Center Hosting or any party acting on Supreme Center Hosting implicit instructions. “You” includes the person purchasing the services or any party acting on the customer’s instructions. “Member” includes the purchaser of services or any party acting on the purchaser’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” refers to the relevant domain names Registry. “Server” means the computer server equipment in connection with the provision of the Services. “Website” means the area on the Server allocated by us to you for use by you as a site on the Internet. “TOS” includes this agreement. Supreme Center Hosting reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this page. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
You must accept the terms of this Agreement in order to use the Services.
NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT & AGREE TO BE BOUND BY THE TERMS & CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.
Supreme Center Hosting reserves the right to change or modify any of the terms & conditions contained in this Agreement, any Addendum & any policy or guideline incorporated by reference at any time & from time to time in its sole discretion, & to determine whether & 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 Supreme Center Hosting website (the “Site”). Your continued use of Services following Supreme Center Hosting posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1. TERM & PAYMENT FOR SERVICES
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. 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 Supreme Center Hosting with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term.
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) Supreme Center Hosting will not refund to you any fees paid in advance of such termination & (b) you shall be required to pay 100% of Supreme Center Hosting standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement. Notwithstanding the foregoing, if you terminate your receipt of Shared Hosting Services prior to the end of the first thirty (30) days of the Initial Term, you are entitled to a refund of the fees you paid in advance for the monthly Services, not including any setup fees. Your termination request or notice must be submitted to Supreme Center Hosting in the manner described in Section 1.1. Supreme Center Hosting may terminate this Agreement at any time & for any reason by providing to you written notice thirty (30) days prior to the date of termination. If Supreme Center Hosting terminates this Agreement, Supreme Center Hosting will refund to you the pro-rata portion of prepaid fees attributable to Services (excluding setup fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement. If termination was enforced to due violations that result in damages or fees assigned to Supreme Center Hosting on your behalf, no refunds shall apply & you will be held liable for such fees.
1.3 Default & 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, & 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.
You agree to pay for all charges attributable to your use of the Services at the then current Supreme Center Hosting prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, & local sales, use, value added, excise, duty & any other taxes assessed with respect to the Services, other than taxes based on Supreme Center Hosting net income.
All charges for Services must be paid in advance according to the then current prices applicable to the Services. Supreme Center Hosting may also create periodic invoices for any applicable Supplemental Charges associated with your use of the Services. Supplemental Charges include, but are not limited to, website development/programming, phone consultation, installations, etc. You agree to pay to Supreme Center Hosting the amount indicated in each invoice by the due date reflected on that invoice. If you fail to pay any fees & taxes by the applicable due date for credit card or invoice payments, a late charge of 25% of the invoice shall also become payable by you to Supreme Center Hosting. In addition, your failure to fully pay any fees within five (5) days after the applicable due date will be deemed a material breach of this Agreement, & Supreme Center Hosting may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) At the time of such nonpayment, Supreme Center Hosting may, delete any & all content from the Supreme Center Hosting Servers. Any such suspension or termination of the Services would not relieve you from paying past due fees. Not using the service, non-payment, or moving your service elsewhere, is NOT a valid method of cancellation, nor are we aware when such is done.
Domain name renewal notice: If your account is entitled to a free domain name, we will not renew your domain name until you have paid for your hosting renewal. Failure to pay your hosting renewal fees on time will result in the expiration of your domain name. Expired domain names can be registred by other parties and may be subject to redemption renewal fees of up to $650 per domain name, plus domain renewal fee [prices may change at any time]. To avoid having your domain being registered by another party, or becoming subject to redemption renewal fees, please pay your invoice by the due date.
Dedicated Server/VPS Customer Notice: Because dedicated servers and VPS’s are leased services, monthly renewal payments must be made by the due date to avoid service cancellation. If you wish to cancel dedicated server or VPS service on your account, you MUST complete the request for cancellation prior to the renewal date. Not using the service, non-payment, or moving your service elsewhere, is NOT a valid method of cancellation, nor are we aware when such is done.
Late Fees: Please note that a 25% late fee will be accessed if payment is not received within 2 days of the invoice due date. Your late fee will be $5 if 25% of your invoice total is less than $5. Also note that lack of payment will result in automatic account suspension. Any account suspended for lack of payment will not be reactivated until the invoice is paid and late fee is received.
If you ever feel that Supreme Center Hosting incorrectly charged your credit card you must contact billing for a correction. If you do contact your credit card company & issue a chargeback then you will be responsible for the $50 chargeback fee. If you do not pay this fee then your account will be terminated.
2. USE OF SERVICES
2.1. Applicable Use Policy
The Supreme Center Hosting Acceptable Use Policy (the “Usage Policy”) govern the general policies & procedures for use of the Services. The Usage Policy is posted on Supreme Center Hosting website (or such other location as Supreme Center Hosting may specify) & 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 & ANY MODIFICATIONS. Supreme Center Hosting RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.
2.2. Material & Product Requirements
Unless we have agreed otherwise in a separate agreement, you must ensure that all material & data placed on Supreme Center Hosting equipment is in a condition that is “server-ready,” which is in a form requiring no additional manipulation by Supreme Center Hosting . Supreme Center Hosting will make no effort to validate any of this information for content, correctness or usability. If your material is not “server-ready”, Supreme Center Hosting has the option at any time to reject this material. Supreme Center Hosting will notify you of its refusal of the material & afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of Supreme Center Hosting . Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols & software. This level of knowledge varies depending on the anticipated use & desired content of your website. You must have the necessary knowledge to create & maintain a website. It is not Supreme Center Hosting responsibility to provide this knowledge or customer support outside of the Services agreed to by you & Supreme Center Hosting.
2.3. Bandwidth & Storage Usage
You agree that use of the Services under this Agreement will not exceed the bandwidth & 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 or risk suspension of your account. Use of your account for reselling purposes is prohibited. Any account used for this purpose can be terminated without notice. Data stored in your user account on a Supreme Center Hosting Server is not owned by Supreme Center Hosting; therefore Data preservation is the ultimate responsibility of you, the customer. Supreme Center Hosting is in no way responsible for customers data & or the backup of that data. Full, Home & Database backups can be performed by the customer via the hosting control panel. It is advised that all customers create backups of their accounts at least once per week.
2.4 Website Hosting & Email
We make no representation & give no warranty as to the accuracy or quality of information received by any person via the Server & we shall have no liability for any loss or damage to any data stored on the Server.
We have a 250 email per hour outgoing mail limit. E-mails exceeding the 250 limit will be discarded. For customers requiring to send out more than 250 emails per hour, you can optionally extend your account to include an extra mail server that has a limit of 600 emails per hour for an additional $11.95 per month. This is a manual set up process & thus you must contact sales in order to have this service enabled on your account.
Website clients are responsible for setting up their email client to ensure proper operation. Failure to do so can result in the inability to send & receive email.
You shall effect & maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.
You represent, undertake & warrant to us that you will use the Website allocated to you only for lawful purposes. In particular, you represent, warrant & undertake to us that:
You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third part; nor will you authorize or permit any other person to do so.
You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by Supreme Center Hosting in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
You will not send bulk email, whether opt-in or otherwise, from our network without prior permission from Supreme Center Hosting. Nor will you promote a site hosted on our network using bulk email.
You will not employ programs which consume excessive system resources including, but not limited to, processor cycles & memory. We do not host IRC, IRC bots, or other server resource intensive programs.
If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth in our “plans” section. Such payment to be immediate & non-disputable.
We reserve the right to remove any material which we deem inappropriate from your website without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.
You shall keep secure any identification, password & other confidential information relating to your account & shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.
You shall observe the procedures which we may from time to time prescribe & shall make no use of the Server which is detrimental to our other customers.
Members utilizing free hosting shall exclude themselves from promotions offered & afforded to paying Members.
Members utilizing free hosting shall display a banner as supplied by Supreme Center Hosting.
You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) & in a secure manner.
Sending unsolicited mail messages, including, without limitation, commercial advertising & informational announcements, is expressly prohibited. A Member shall not use another site’s mail server to relay mail without the express permission of the site.
It is contrary to Supreme Center Hosting policy for Members to use our servers to effect or participate in any of the following activities:
To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list. To send mass e-mailings; whether unsolicited, opt-in, or otherwise. To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Supreme Center Hosting provided server, or using a Supreme Center Hosting provided server as a mail drop for responses. To falsify user information provided to Supreme Center Hosting or to other users of the service in connection with use of a Supreme Center Hosting service.
3.1. Investigation of Violations
Supreme Center Hosting may investigate any reported or suspected violation of this Agreement, its policies or any complaints & take any action that it deems appropriate & reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. Supreme Center Hosting 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.
Supreme Center Hosting reserves the right & 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, Supreme Center Hosting may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any & all uses of content hosted on Supreme Center Hosting systems, and/or (d) disabling or removing any hypertext links to third party websites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Supreme Center Hosting which, in Supreme Center Hosting sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Supreme Center Hosting to civil or criminal liability or public ridicule. It is Supreme Center Hosting policy to terminate repeat infringers. Supreme Center Hosting 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 Supreme Center Hosting takes corrective action due to such possible violation, Supreme Center Hosting shall not be obligated to refund to you any fees paid in advance of such corrective action.
3.3. Disclosure Rights
To comply with applicable laws & lawful governmental requests, to protect Supreme Center Hosting systems & customers, or to ensure the integrity & operation of Supreme Center Hosting business & systems, Supreme Center Hosting may access & disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing & traffic information, usage history, & content residing on Supreme Center Hosting servers & systems. Supreme Center Hosting 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.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. Your License Grant to Supreme Center Hosting
You hereby grant to Supreme Center Hosting a non-exclusive, worldwide, & royalty-free license for the Initial Term & any Renewal Term to use your content as necessary for the purposes of rendering & operating the Services to you under this Agreement. You expressly (a) grant to Supreme Center Hosting a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, & (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
4.2. Supreme Center Hosting Materials & Intellectual Property
All materials, including but not limited to any computer software (in object code & source code form), data or information developed or provided by Supreme Center Hosting or its suppliers or agents pursuant to this Agreement, & any know-how, methodologies, equipment, or processes used by Supreme Center Hosting to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets & other proprietary rights are & will remain the sole & exclusive property of Supreme Center Hosting or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations & methodologies utilized, developed, or disclosed by Supreme Center Hosting during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, & 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.
You hereby grant to Supreme Center Hosting a limited right to use your trademarks, if any, for the limited purpose of permitting Supreme Center Hosting to fulfill its duties under this Agreement. This is not a trademark license & 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 sub-license 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.
5. WARRANTY; WARRANTY DISCLAIMER
5.1. Customer and/or Third Party Acts
Supreme Center Hosting is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, Supreme Center Hosting is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Supreme Center Hosting reasonable control.
5.2. No Express or Implied Warranty
ALL SERVICES, SYSTEMS & PRODUCTS PROVIDED BY SUPREME CENTER HOSTING UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE & AGREE THAT Supreme Center Hosting EXERCISES NO CONTROL OVER, & ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH SUPREME CENTER HOSTING COMPUTERS, NETWORK HUBS & POINTS OF PRESENCE, OR THE INTERNET. SUPREME CENTER HOSTING DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, & 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” & WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SUPREME CENTER HOSTING DOES NOT MAKE & HEREBY DISCLAIMS, & 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, & ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.
5.3 Your Warranties & Representations to Supreme Center Hosting
You warrant, represent, & covenant to Supreme Center Hosting that (a) you are at least eighteen (18) years of age or are a duly organized & validly existing entity; (b) you possess the legal right & ability to enter into this Agreement; (c) you will use the Services only for lawful purposes & in accordance with this Agreement & all applicable policies & 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 websites 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, & address where business is conducted, & (g) your content and/or any software that you install or provide does not & will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
6. LIMITATION & EXCLUSION OF LIABILITY
IN NO EVENT SHALL Supreme Center Hosting HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO Supreme Center Hosting , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. Supreme Center Hosting SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Supreme Center Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF Supreme Center Hosting TO YOU FOR ANY REASON & UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Supreme Center Hosting 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 IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, & OTHER TORTS. THE FEES FOR THE SERVICES SET BY Supreme Center Hosting UNDER THIS AGREEMENT HAVE BEEN & WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE Supreme Center Hosting FROM ANY & ALL OBLIGATIONS, LIABILITIES, & CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
6.2. Interruption of Service
You hereby acknowledge & agree that Supreme Center Hosting will not be liable for any temporary delay, outages or interruptions of the Services. Further, Supreme Center Hosting 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, communications or third-party supplier failure).
You hereby acknowledge & agree that Supreme Center Hosting reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems & network. Supreme Center Hosting will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.
You will defend, indemnify & hold harmless Supreme Center Hosting & its officers, directors, shareholders, employees, consultants, agents, affiliates & suppliers (an “Indemnitee”) from any & all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs & expenses of any nature, including attorney’s fees & court costs, sustained or incurred by or asserted against any Indemnitee 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 & performance of the Services by Supreme Center Hosting ; 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 nonproprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).
The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence & will be used only for the purposes of this Agreement & 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 & information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs & 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 & 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 & 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.
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.
8.3. Choice of Law & Forum
THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES & THE STATE OF SOUTH CAROLINA, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. REGARDLESS OF THE PLACE OF SIGNING THIS AGREEMENT, THE CLIENT AGREES THAT FOR PURPOSES OF VENUE THIS CONTRACT WAS ENTERED INTO IN, ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN SOUTH CAROLINA, & YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
8.4. Entire Agreement
This Agreement & all policies & guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties & may not be modified or altered orally but only by an agreement in writing signed by both parties.
8.5. No Fiduciary Relationship
No Third-Party Beneficiaries. Supreme Center Hosting 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 & all of the representations, warranties, covenants, conditions & provisions hereof are intended to be & are for the sole & exclusive benefit of the parties hereto.
You may not transfer or assign your rights, duties, or obligations under this Agreement without Supreme Center Hosting prior written consent. Supreme Center Hosting may assign its rights & obligations under this Agreement & may utilize affiliate and/or agents in performing its duties & exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, & be enforceable against the parties & their respective successors & assignees.
8.7. No Waiver
Supreme Center Hosting failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Supreme Center Hosting right to subsequently enforce such provision or any other provisions under this Agreement.
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, & the remainder of the provision & the Agreement shall remain in full force & 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 & effect with respect to all other applications.
All provisions of this Agreement relating to your warranties, intellectual property rights, limitation & exclusion of liability, your indemnification obligations & payment obligations shall survive the termination or expiration of this Agreement.