This Agreement ("Agreement") is by and between Marshall & Marshall, a business registered in France and You, Your heirs, agents, successors and assigns ("You" and "Your"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Marshall & Marshall website hosting management and website services and explains Marshall & Marshall 's obligations to You and Your obligations to Marshall & Marshall in relation to the website hosting management and website services You purchase.
This Agreement as well as any additional Marshall & Marshall policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and Marshall & Marshall concerning Your use of Marshall & Marshall website hosting management and website services, and supersede and govern all prior proposals, agreements, or other communications. All Marshall & Marshall policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference. By purchasing Marshall & Marshall website hosting management and website services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Marshall & Marshall may establish from time to time, and any agreements that Marshall & Marshall is currently bound by or will be bound by in the future.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Marshall & Marshall, whether or not the transactions were in Your behalf.
All prices for plans, services, and development provided by Marshall & Marshall to You are calculated in Euro. You may pay Marshall & Marshall for its website hosting management and website services in any currency, subject to current rates of exchange at the time of the rendering of services, or at a rate which is mutually agreed-upon by and between Marshall & Marshall and You.
Marshall & Marshall will, if requested acquire an Internet Domain Name (from any valid Domain Registration Company) on behalf of the Customer, as specified. Any costs incurred by Marshall & Marshall in obtaining or maintaining a domain name for Customer shall be immediately reimbursed to Marshall & Marshall upon invoice from Marshall & Marshall to Customer. Marshall & Marshall does not warrant that its registration services are always successful, whether a domain is actually acquired or reserved on behalf of Customer. Under no circumstances will Marshall & Marshall be held liable for losses or damages suffered by Customer resulting from delays in the registration process, or failure to acquire such said domain name or other applicable intellectual property, or intellectual property rights.
Marshall & Marshall will, if requested modify Your domain name information to enable the commencement of operations of Your website . Any costs incurred by Marshall & Marshall in modifying Your domain name shall be immediately reimbursed to Marshall & Marshall upon invoice from Marshall & Marshall to Customer. Marshall & Marshall does not warrant that its modifications are always successful and under no circumstances will Marshall & Marshall be held liable for losses or damages suffered by Customer resulting from delays in the modification of domain name.
You agree that Marshall & Marshall will choose for You the website host/data center they deem the most suitable and applicable to You and Your business or organisation. You agree Marshall & Marshall may move or modify Your website account to server the best interest of Your business or organisation if deemed necessary and You agree Marshall & Marshall will not be liable for any loss that You may incur as a result of moving or modifying your website account.
Unless prior coordination has been made and properly acknowledged by Marshall & Marshall, all account plans are automatically renewed at the end of the expiration period. Cancellations must be sent to info@directenergynow.com and acknowledged prior to a renewal date to cancel any future charges. A copy of the e-mail requesting cancellation may be required in order to determine the official cancellation date.
You agree that Marshall & Marshall may modify this Agreement and the website services from time to time. You agree to be bound by any changes Marshall & Marshall may reasonably make to this Agreement when such changes are made. If You have purchased website hosting management or website services from Marshall & Marshall , the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the website hosting management or website services. In the event You terminate Your usage, Marshall & Marshall will not refund any amounts You have paid. You agree that Marshall & Marshall shall not be bound by any representations made by third parties who You may use to purchase Services from Marshall & Marshall.
You agree that You will be responsible for notifying Marshall & Marshall should You desire to terminate Your use of Marshall & Marshall's website hosting management or website services. Notification of Your intent to terminate must be provided to Marshall & Marshall no earlier than 15 days prior to Your billing date but no later than five days prior to Your billing date.
You agree to maintain accurate information by providing updates to Marshall & Marshall, as needed, while You are using Marshall & Marshall's website hosting management or website services. You agree You will notify Marshall & Marshall within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Marshall & Marshall to determine the validity of information provided by You will constitute a material breach of this Agreement.
You agree that Marshall & Marshall may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to Marshall & Marshall's Privacy Policy . If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Marshall & Marshall has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Marshall & Marshall has the absolute right, in its sole discretion, to terminate its Services and close Your account.
You can view Marshall & Marshall's Privacy Policy here , which is incorporated herein by reference, as it is applicable to all Marshall & Marshall website hosting management and website services. The Privacy Policy provides Your rights and Company's responsibilities with regard to Your personal information. Company will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.
You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login and password. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Marshall & Marshall immediately of any unauthorized use of Your account or any other breach of security. You agree Marshall & Marshall will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Marshall & Marshall or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Marshall & Marshall specifically disclaims liability for any activity in Your account, whether authorized by You or not.
As a condition of Your use of Marshall & Marshall's website hosting management and website services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to Marshall & Marshall if, for any reason, Marshall & Marshall takes corrective action with respect to Your improper or illegal use of its Services.
Marshall & Marshall reserves the right at all times to disclose any information as Marshall & Marshall deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Marshall & Marshall's sole discretion.
If You have purchased website services, Marshall & Marshall has no obligation to monitor Your use of the Services. Marshall & Marshall reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. Marshall & Marshall reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.
Marshall & Marshall reserves the right to terminate website services if Your usage of the website services results in, or is the subject of, legal action or threatened legal action, against Marshall & Marshall or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Marshall & Marshall may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.
Except as set forth below, Marshall & Marshall may also cancel Your use of the website services, after thirty (30) days, if You are using the website services, as determined by Marshall & Marshall in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of France and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. Notwithstanding anything to the contrary herein, in the event Marshall & Marshall cancels Your website services during the first thirty (30) days after You purchase the website services, You will not receive a refund of any fees paid to Marshall & Marshall in connection with the website services being canceled. In the event Marshall & Marshall deletes Your website services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to Marshall & Marshall if, for any reason, Marshall & Marshall takes corrective action with respect to Your improper or illegal use of its website services.
You agree that Marshall & Marshall or its licensor holds all rights, title and interest in all website hosting management or website services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such website hosting management or website services.
You understand and agree that all content and materials contained in this Agreement, other policies, the directenergy web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Marshall & Marshall or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Marshall & Marshall or its licensor.
By using PayPal, Inc. (“PayPal”), You can purchase Marshall & Marshall website hosting management and website services using PayPal. In consideration for the Software and Services purchased by You and provided to You by Marshall & Marshall, You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is non-refundable.
It is Your responsibility to keep Your PayPal Account current, to have available funds in it and to have Your PayPal Account backed by a valid credit card. You agree that PayPal and Marshall & Marshall will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and Marshall & Marshall may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account by PayPal or charged to Your Preferred Funding Source.
By clicking the button “order now”, You authorize a debit of THE FULL AMOUNT of Your order from Your PayPal Account or Preferred Funding Source.
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.
Marshall & Marshall expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Marshall & Marshall , as well as its affiliates, subsidiaries, officers, directors and employees. Marshall & Marshall also reserves the right to freeze a domain name during resolution of a dispute.
IN NO EVENT SHALL MARSHALL & MARSHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Marshall & Marshall HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Marshall & Marshall 's liability is limited to the full extent permitted by law. You agree that in no event shall Marshall & Marshall 's maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from Marshall & Marshall.
Marshall & Marshall expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. Marshall & Marshall makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Marshall & Marshall does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.
You agree to defend, indemnify and hold harmless Marshall & Marshall and its contractors, agents, employees and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with Marshall & Marshall whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from Marshall & Marshall or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Marshall & Marshall harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Marshall & Marshall be notified of a pending law suit, or receive notice of the filing of a law suit, Marshall & Marshall may seek a written confirmation from You concerning Your obligation to indemnify Marshall & Marshall . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Marshall & Marshall shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Marshall & Marshall of any such claim promptly in writing and to allow Marshall & Marshall to control the proceedings. You agree to cooperate fully with Marshall & Marshall during such proceedings.
You agree to cooperate fully with Marshall & Marshall during such proceedings. You agree You will not be entitled to a refund of any fees paid to Marshall & Marshall if, for any reason, Marshall & Marshall takes corrective action with respect to Your improper or illegal use of its services. You also agree that if Marshall & Marshall is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding an account of Yours with Marshall & Marshall , that Marshall & Marshall , in its sole discretion, may take whatever action Marshall & Marshall deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and Marshall & Marshall regarding the Services contemplated herein.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
The failure of Marshall & Marshall to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Marshall & Marshall thereafter to enforce such provisions.
Marshall & Marshall will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Marshall & Marshall liable for any of the consequences of such interruptions.