Terms and Conditions
BNBWEBSITES.COM WEB DESIGN, SERVICE AND HOSTING AGREEMENT
BY AGREEING TO THIS AGREEMENT YOU ARE SUBSCRIBING YOUR BUSINESS ("SUBSCRIBER") TO USE SERVICES FROM BNBWEBSITES.COM BY NETORIA LLC (“PROVIDER”). YOU REPRESENT THAT YOU HAVE COMPLETE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR BUSINESS. YOU ARE AGREEING TO ALL THE TERMS OF THIS SUBSCRIPTION SERVICE AGREEMENT (THE "SERVICE AGREEMENT" OR "THIS AGREEMENT") FOR YOUR ORGANIZATION.
BY GIVING YOUR CREDIT CARD TO ANYONE AT BNBWEBSITES.COM BY NETORIA FOR PAYMENT, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT AND TO THE ORDER SENT TO YOU BY THE PROVIDER REGARDLESS IF YOU DO OR DO NOT REPLY BACK TO THE EMAIL.
Terms and Conditions
1. The Service
BnBwebsites.com provides web design, website and email hosting. The Service consists of the Subscriber selecting one of the Provider’s web designs. The Provider then moves over the Subscriber’s pictures and text. The new website is hosted by the Provider and the Subscriber’s email is moved over to Zoho.com business email services by the Provider. The Subscriber is responsible for obtaining their domain information so theses transfers are possible. The web design service offered by the Provider uses a website template engine. The Provider can request minor text and pictures changes depending on the monthly service package signed up for or can make the changes themselves. Search engine optimization services are also available from the Provider.
2. Use of Proprietary Software
Subject to the terms and conditions of this Service Agreement, Netoria LLC grants to Subscriber a subscription to BnBwebsites.com services for one property. Additional property licenses can be purchased. Subscriber has a non-exclusive and non-transferable license to the BnBwebsites.com and the partner services it uses to provide its services. Subscriber can add or remove pages to their website at any time through the tools provided by the Provider. Subscriber will not, and will not permit others to, whether directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Netoria LLC Service (except to the extent that such activities may not be prohibited under applicable law); (ii) modify, translate, or create derivative works based on the Netoria LLC Service; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the Netoria LLC Service; (iv) use the Netoria LLC Service for time-sharing or service bureau purposes or otherwise for the benefit of a third party; (v) remove any proprietary notices or labels on the Netoria LLC Service; and (vi) use Netoria LLC Service in order to gain competitive information on the Service or to provide such information to others. Subscriber agrees not to publish or disclose to third parties any evaluation of Netoria LLC's Service without Netoria LLC's prior written consent. Upon termination of this Service Agreement for any reason, this license will terminate, and the Subscriber, and any user accessing the Service by means of a company account, if applicable, will cease to use or have access to the Netoria LLC Service.
3. Intellectual Property Ownership
The Subscriber owns and has rights to all pictures and text found on their website with the Provider and at any time can request a copy of their pictures and text. Those files will be conveyed digitally via e-mail within 7 business days. Netoria LLC (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Netoria LLC Technology and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Netoria LLC Technology or the Intellectual Property Rights owned by Netoria LLC. The Netoria LLC name, the Netoria LLC logo, and the product names associated with the Service are trademarks of Netoria LLC or third parties, and no right or license is granted to use them. If the Subscriber decides to end services from BnBwebsites, the Provider will zip up and email all the website HTML files to the Subscriber. This means the Subscriber owns his website files, but does not own the CMS system the website uses.
4. Restrictions and Policies
A. General Use.
The Subscriber will not use the Service in any way for spamming, chain letters, junk mail or distribution lists to contact any person who has not given specific permission to be included in such. Subscriber agrees not to transmit or permit your employees to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. Subscriber will only use the Service for lawful purposes, in compliance with all applicable laws including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include (without limitation) storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm. You hereby agree to defend, indemnify and hold Netoria LLC harmless against any claim or action that arises from the Subscriber's use of the Service in an unlawful manner or in any manner inconsistent with the restrictions and policies stated herein.
B. Account Information and Data
Netoria LLC provides your organization with a unique user name and password that must be entered the first time a User logs on. In addition, Netoria LLC services are hosted in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders.
Netoria LLC does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not Netoria LLC, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Netoria LLC shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Netoria LLC reserves the right to access Subscriber data for maintenance and analysis purposes only. In the event this Agreement is terminated (other than by reason of your breach), Netoria LLC will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. Netoria LLC reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and Netoria LLC shall have no obligation to maintain or forward any Customer Data.
C. Data Backup and Security.
Netoria LLC shall use reasonable efforts to protect Subscriber's data behind a secure firewall system and to conduct daily offsite data backups.
Netoria LLC provides telephone support for one individual within your organization, selected by the Subscriber. Additional support licenses can be purchased. Support hours are from 9 AM to 5 PM Mountain Standard Time, Monday – Friday. The Subscriber is responsible for verifying the accuracy of any changes made by the Subscriber or by Netoria LLC at the request of the Subscriber to the Subscriber's configuration.
6. Provision of Contact and Billing Information and Payment of Fees
Subscriber agrees to provide Netoria LLC with accurate billing information and with truthful, accurate, and complete contact information, including your company name, street address, e-mail address, and telephone number, and to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Netoria LLC reserves the right to terminate the Subscriber's access to the Service immediately without any obligation to return your data.
Customer shall pay all fees or charges to its account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments are made annually or monthly, consistent with the Initial Term, at Subscriber's election. Website design fees are non-refundable.
Subscriber must provide Netoria LLC with valid credit card or approved purchase order information as a condition to signing up for the Service. Added licenses will be subject to the following: (i) added licenses will be coterminous with the preexisting License Term (either Initial Term or renewal term) (ii) the license fee for the added licenses will be the then current, generally applicable license fee; and (iii) licenses added in the middle of a billing month will be prorated for that billing month. Netoria LLC reserves the right to change the fees, applicable charges and usage policies and to introduce new charges at any time, upon at least 30 days prior notice to Subscriber, which notice may be provided by e-mail.
7. Billing and Renewal
Netoria LLC charges 50% upfront for any web design fees with the remainder due 60 days after contract date unless otherwise stated in the original order. Each order may be different regarding payment options. Netoria LLC also collects monthly or yearly for continued support and host. If Subscriber is yearly and pays by check or money order, Netoria LLC will invoice Subscriber each year on the renewal date. For monthly or yearly by credit card, Netoria LLC will automatically renew and bill Subscriber's credit card or issue an invoice to Subscriber (a) every month for monthly licenses, or (b) each year on the subsequent anniversary for annual licenses. The renewal charge will be equal to the then-current subscription fee. In the event of an increase, Fees for other services will be charged on an as-quoted basis. Netoria LLC's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Subscriber shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Netoria LLC's income.
For credit card payments, your account will be considered delinquent if your credit card company refuses, for any reason, to pay the amount billed to it and that amount remains unpaid at the beginning of the next billing cycle. Your access to the Service may be suspended or terminated if your account is delinquent. Unpaid charges are subject to interest of 15% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. There is also a $35 collections fee for each time a credit card or ACH plan is declined. Any account which is suspended for more than thirty (30) days will be terminated without any obligation on the part of Netoria LLC to maintain your data.
If you believe Netoria LLC has billed you incorrectly, the Subscriber must contact Netoria LLC in writing no later than ninety (90) days after the Billing Date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.
If the Subscriber is billed monthly and their credit card continually declines, Netoria LLC reserves the right to ask the Subscriber to pay yearly by check.
If for any reason the Subscriber discontinues service or due to lack of payment Netoria LLC discontinues the Subscriber's service, either on any edition, there is a $200 reconnect fee.
Due to the ongoing cost of server/hardware/software maintenance, our service costs may change. We do our best keep our overhead costs to a minimum, although we reserve the right to change our prices to reflect our hosting price changes.
8. Non-Payment and Suspension
In addition to any other rights granted to Netoria LLC herein, Netoria LLC reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 15.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for User licenses during any period of suspension. If you or Netoria LLC initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that Netoria LLC may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
Netoria LLC reserves the right to impose a $200 reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Netoria LLC has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.
9. Upgrading Your Package
BnBwebsites.com has different levels of service, organized into packages. At any time the Subscriber can upgrade to a higher level package by paying the difference in the one-time setup fees between the two packages and adopting the new monthly hosting amount. At any time the Subscriber can downgrade to a lower level package and adopt the lower monthly hosting fee, however, any setup or previous work fees are non-refundable.
10. Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Netoria LLC represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online Netoria LLC help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
Netoria LLC will make its best attempt to perform minor text and picture changes submitted by the Subscriber within 24 business hours.
Netoria LLC does not guarantee page rankings for any internet search engines for your website. Page rankings may go down if customer does not have as many pages as they previously had on their old website.
12. Passwords, Security and Confidentiality
Subscriber will choose or be given all applicable passwords to use in connection with the Service. The Subscriber is entirely responsible for maintaining the confidentiality of your passwords and account (including, if applicable, the passwords and accounts of each user accessing the Service by means of an account established by Subscriber). Furthermore, the Subscriber is entirely responsible for any and all activities that occur under Subscriber's account (including, if applicable, the accounts of each user accessing the Service by means of an account established by Subscriber), and the Subscriber shall ensure that the Subscriber exits from their account at the end of each session. Subscriber shall notify Netoria LLC immediately of any unauthorized use of your account (including, if applicable, the accounts of each user accessing the Service by means of an account established by Subscriber) or any other breach of security of which you are aware. Netoria LLC cannot and will not be liable for any loss or damage arising from Subscriber's failure to comply with these requirements.
The Subscriber acknowledges that during their subscription he or she will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information and specifications owned or licensed by Netoria and/or used by Netoria in connection with the operation of its business including, without limitation, the company's business and product processes, methods, and procedures. The Subscriber agrees that he or she will not disclose any of the aforesaid, directly or indirectly or use any of them in any manner, either during the term of this Agreement or at any time thereafter except as required in the course of this engagement with Netoria. Subscriber will not give out login or password information to any of Netoria's competitors or to any out entity outside of their business. Doing so will result in legal action.
This Agreement commences on the Effective Date. The Initial Term of this Agreement will be one month or one year as determined by the Subscriber during the subscription process, commencing on the date Subscriber agrees to pay for the Service. This Agreement will automatically renew, for a term equal in duration to the Initial Term, upon the expiration of the Initial Term or any renewal term. Either party may terminate this Agreement, effective upon the expiration of the then current term, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. In the event that Subscriber terminates this Agreement (other than by reason of Subscriber's breach), Netoria LLC will make available to Subscriber a file of its pictures and text within 30 days of termination if Subscriber so requests at the time notice of termination is given. Subscriber agrees and acknowledges that Netoria LLC has no obligation to retain the Subscriber Data, and may delete such Subscriber Data, more than 30 days after termination. In the event that the Subscriber terminates this agreement and returns or tries out the product for 30 days and decides to return, there is a $200 reactivation fee in addition to any fees for updating content.
14. Termination for Cause
Any breach of Subscriber's payment obligations, unauthorized use of the Netoria LLC Technology or Service, or harassment of Netoria LLC staff will be deemed a material breach of this Agreement. Netoria LLC, in its sole discretion, may terminate Subscriber's password, account or use of the Service if Subscriber breaches or otherwise fail to comply with this Agreement. Netoria LLC will make available to Subscriber a file of its Subscriber Data within 30 days of termination if Subscriber so requests at the time notice of termination is given. Subscriber agrees and acknowledges that Netoria LLC has no obligation to retain the Subscriber Data, and will delete such Subscriber Data, if Subscriber has materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
15. Warranty and Disclaimer
Netoria LLC AND ITS LICENSORS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. Netoria LLC AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Netoria LLC AND ITS LICENSORS.
16. Internet Delays
Netoria LLC'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. NETORIA LLC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
17. Limitation of Liability
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
19. Local Laws and Export Control
This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this site ("User") acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000
Netoria LLC makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.
20. Third Party Linking
Netoria LLC may, at its election, provide links from the Service to other world wide web sites or resources. Because Netoria LLC has no control over such sites and resources, You acknowledge and agree that Netoria LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Netoria LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
21. Mutual Indemnification
You shall indemnify and hold Netoria LLC, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that Netoria LLC (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Netoria LLC of all liability and such settlement does not affect Netoria LLC's business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.
Netoria LLC shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by Netoria LLC of its representations or warranties; or (iii) a claim arising from breach of this Agreement by Netoria LLC; provided that you (a) promptly give written notice of the claim to Netoria LLC; (b) give Netoria LLC sole control of the defense and settlement of the claim (provided that Netoria LLC may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to Netoria LLC all available information and assistance; and (d) have not compromised or settled such claim. Netoria LLC shall have no indemnification obligation, and you shall indemnify Netoria LLC pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s).
22. Modification to Terms
Netoria LLC reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
This Agreement is between Netoria LLC and Subscriber, and is not for the benefit of any third party, whether directly or indirectly (including, if applicable, any user accessing the Service by means of an account established by You). The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by Subscriber except with Netoria LLC's prior written consent. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH WITHOUT REGARD TO THE CONFLICT OF LAWS PROVISIONS THEREOF. YOU AND Netoria LLC AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN THE COUNTY OF UTAH IN THE STATE OF UTAH. You and Netoria LLC agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber do not have any authority of any kind to bind Netoria LLC in any respect whatsoever. Netoria LLC accepts all orders for the Service in Utah and reserves the right to refuse any order for the Service for any or no reason. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. It is the express will of the parties that this Agreement and all related documents have been drawn up in English.
Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to firstname.lastname@example.org.
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