Solid Systems, LLC retains the right to change any or all of the below, Terms of Services, Policies, Guidelines, and Disclaimer without prior notification. These Terms of Service (the “Agreement”) are an agreement between SolidSystems, LLC ("SolidSeoVPS" or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Solid Systems LLC and of the solidseovps.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
By registering for or using the Services, you represent and warrant that:
1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
3. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Solid Systems, LLC is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the Solid Systems LLC Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
4. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
5. Any dedicated IP order in addition to those provided with a hosting package/vps or a dedicated is subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN) or of the European Registry (RIPE). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
6. Solid Systems LLC makes no guarantees of service of any kind, whether expressed or implied, for the service it is providing. Solid Systems LLC also disclaims any warranty of merchantability or fitness for a particular purpose. Solid Systems LLC will not be responsible for damages the Customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties. Solid Systems LLC agrees to maintain and provide the highest level of service possible, and to maintain a good-faith relationship with the Customer.
7. Customer agrees to defend, hold harmless and expeditiously indemnify Solid Systems LLC from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.
8. Solid Systems LLC's accounts cannot be transferred or used by anyone other than the subscriber and authorized account sub-users. Customer may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy, unless Solid Systems LLC's plan allows such service. Customer may allow ftp access to its server and host web sites for its customers without violating this Policy.
9. If Customer re-registers after Solid Systems LLC's cancellation of the account without Solid Systems LLC's written consent, Solid Systems LLC will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.
10. Customer shall ensure that its use of Solid Systems LLC's network services shall not disrupt Solid Systems LLC, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, Solid Systems LLC reserves the right to place CPU process limits on the Customer's account, or a bandwidth throttle, to prevent disruption of service to other customers. Solid Systems LLC will make all attempts to contact Customer prior to applying any traffic-slowing restriction to the Customer's account.
11. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.
12. Use of Solid Systems LLC's hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.
13. Solid Systems LLC reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rated basis unless service was terminated for TOS & AUP Violation.
14. All domain name registrations may be automatically renewed 30 days prior to expiration unless the Customer requests otherwise in writing, and this communication is acknowledged by Solid Systems LLC. Solid Systems LLC is not responsible for, and makes no guarantee to notify the Customer of an impending renewal or expiration of domain services. Any renewal notice that may be received does not guarantee that the domain will not be renewed nor does it guarantee that the Customer will have the ability to stop the renewal subsequent to 30 days prior to the expiration of the domain. The Customer is responsible for maintaining knowledge of all services purchased from Solid Systems LLC.
15. Equipment provided as a "dedicated server" or "VPS" or "Shared Hosting" or any other rental product is provided with a manufacturer/distributor hardware warranty that includes replacement of any parts that may fail during the normal course of operations during the product's warranty term. When technicians replace a hard drive under this warranty, the customer is entitled to a free reinstallation of the base operating system of the server. Except in cases where managed backup service is provided, Customer is responsible for the restoration of any customer applications or data.
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for Seven (7) days from your sign up date. Transfers outside of the Seven (7) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Solid Systems LLC be held liable for any lost or missing data or files resulting from a transfer to or from Solid Systems LLC. You are solely responsible for backing up your data in all circumstances.
Solid Systems LLC Content
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Solid Systems LLC Content"), are the proprietary property of Solid Systems LLC or Solid Systems LLC’s licensors. Solid Systems LLC Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Solid Systems LLC Content. Any use of Solid Systems LLC Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Solid Systems LLC Content. All rights to use Solid Systems LLC Content that are not expressly granted in this Agreement are reserved by Solid Systems LLC and Solid Systems LLC’s licensors.
1. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Solid Systems LLC that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party. Solely for purposes of providing the Services, you hereby grant to Solid Systems LLC a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Solid Systems LLC does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
2. Solid Systems LLC exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Solid Systems LLC 's computers, network hubs and points of presence or the Internet. Solid Systems LLC does not monitor User Content. However, you acknowledge and agree that Solid Systems LLC may, but is not obligated to, immediately take any corrective action in Solid Systems LLC’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Solid Systems LLC shall have no liability due to any corrective action that Solid Systems LLC may take.
Third Party Products and Services
1. Third Party Providers Solid Systems LLC may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. Solid Systems LLC does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Solid Systems LLC is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
Solid Systems LLC as Reseller or Licensor
Solid Systems LLC may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non- Solid Systems LLC Products"). Solid Systems LLC shall not be responsible for any changes in the Services that cause any Non- Solid Systems LLC Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non- Solid Systems LLC Products, either sold, licensed or provided by Solid Systems LLC to you will not be deemed a breach of Solid Systems LLC 's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non- Solid Systems LLC Product are limited to those rights extended to you by the manufacturer of such Non- Solid Systems LLC Product. You are entitled to use any Non- Solid Systems LLC Product supplied by Solid Systems LLC only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non- Solid Systems LLC Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non- Solid Systems LLC Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Prohibited Persons (Countries, Entities, And Individuals)
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, Solid Systems LLC also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
We are not "HIPAA compliant."
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Solid Systems LLC does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Solid Systems LLC is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact support[a]solidseovps.com
Compatibility with the Services & User content Policy
1. You agree to cooperate fully with Solid Systems LLC in connection with Solid Systems LLC's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Solid Systems LLC is not responsible for any delays due to your failure to timely perform your obligations.
2. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Solid Systems LLC to provide the Services, which may be changed by Solid Systems LLC from time to time in our sole discretion.
3. You are solely responsible for backing-up all User Content, including but not limited to, any of your Website(s), data on virtual private server(s) or dedicated server(s). Solid Systems LLC does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content or data.
Billing and Payment Information
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account
Unless otherwise provided if you setup an autorenewal such as credit card or paypal subscription, you agree that until and unless you notify Solid Systems LLC of your desire to cancel the Services, or placed a cancellation request through Solid Systems LLC system, you will be billed on an automatically recurring basis to prevent any disruption to your Services.
Late Payment, Service Suspension & Termination
All invoices must be paid within three (3) days of the invoice due date. Any invoice that is outstanding for more than three (3) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received only within 72 hours. If you fail to pay the fees as specified herein, Solid Systems LLC may suspend or terminate your account. Within the first day of invoice overdue date, a 10% late fee will be applied to the total amount of the invoice. After 3 days of the invoice overdue date, the service will be suspended for Shared hosting, Vps. Dedicated servers & Proxies are suspended 1 day after invoice due date. After 5 days of the invoice due date, the service will be terminated. Dedicated servers and Proxies are terminated within 3 days after the invoice due date.
Dedicated servers & cPanel shared hosting/SEO hosting/reseller accounts are subject to being reclaimed and all content deleted if you fail to make a timely payment, SEO hosting/shared hosting terminated account(s) CAN NOT be restored/recovered after late payment termination. If you make a late payment we do not automatically reactivate the dedicated servers. Contact Solid Systems LLC directly after you make a late payment to reactivate the dedicated server.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account, We are not responsible for your data loss if your service was terminated if you fail to make a timley payment.
Domain Payments & Renewals
Domain renewal notices are provided as a courtesy reminder and Solid Systems LLC is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. It is solely your responsibility to renew thirty (30) days before the renew date.
Microsoft Licensed Software: Customer is required to have purchased Microsoft Software Assurance for any Microsoft licensed software that Customer will bring to servers where the physical hardware is not dedicated to that Customer. Customer is required to provide Solid Systems LLC proof of appropriate and active Microsoft Software Assurance licensing. Customer agrees to assist Solid Systems LLC in auditing the use of MSFT licensed software in use by Customer in the hosted non-physically dedicated environment to establish compliance with MSFT reporting requirements. Customer agrees to pay additional software licensing determined to be or to have been in use by customer while a customer of Solid Systems LLC. Customer acknowledges and understands that Solid Systems LLC’ provision of Microsoft licensed software is at all times subject to the provisions of the End Use License Terms. Customer agrees to be bound by and abide by the terms and provisions contained in the End User License Terms. Solid Systems LLC may suspend or terminate Customer’s utilization or deployment of the MSFT licensed software immediately if Customer fails to abide by the End User License Terms.
Service Cancellation & Early Termination
It is solely your responsibility to notify Solid Systems’s Billing department via a support ticket to request a cancellation of your Service(s). A Cancellation order must be sent through our system to proceed your cancellation request for this service. It is solely your responsibility to cancel any autopayment subscription such as PayPal or credit card autobill function when you cancel the service. Any overpayment for a cancelled service will be subject to merchat reversal fees charge paid by User in case of refunds & will be deducted from the total refunded amount.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Solid Systems LLC may report any such misuse or fraudulent use, as determined in Solid Systems’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Invoice Disputes, Paypal Dispute & Chargeback
Any attempt to dispute or initiate a chargeback with Paypal/Stripe or their Credit Card issuers for a service provided with Solid Systems LLC, will result in a suspension and termination of your account(s) and all services associate to this account in question. A chargeback imposed under false pretenses is considered Fraudulent and will be treated as such.
Exchange rate fluctuations for international payments are constant and unavoidable. All Orders and refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Solid Systems LLC is not responsible for any change in exchange rates between the time of payment and the time of refund.
Seven (7) Days Money-back Guarantee & Refunds Policy
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy. we provide a full 7 days no questions asked money back guarantee for your first order. You may use the services for a full 7 days prior to your payment date and you may receive a full refund if you are not 100% satisfied with the service provided. After these 7 days are over, you will not be eligible for a refund.
Non-refundable Products & Services
1- Dedicated Servers
There are no refunds on dedicated servers. The seven-days (7) day money- back guarantee does not apply to dedicated servers.
2- Domain Name
There are no refunds on domain registration. The seven-days (7) day money- back guarantee does not apply to purchased domain name(s).
There are no refunds on proxies order. The seven-days (7) day money- back guarantee does not apply to proxies order.
4- License and Setup/Administration Fees
There are no refunds on issued license such as Microsoft Windows, cPanel, Plesk. or one-time setup fees/ administration fees. The seven-days (7) day money- back guarantee does not apply to issued license such as Microsoft Windows, cPanel, Plesk. or one-time setup fees/ administration fees. Client is responsible for providing installation software and keys/licenses for ALL Microsoft and third-party software required to be installed, if not purchased thru Solid Systems LLC.
5- Violation of Terms of Service and AUP
There are no refunds on services that are suspended or terminated due to non-compliance of the AUP and TOS are not eligible for refunds. If your server IP address is banned/blacklisted for spamming, copyright infringement or any violation listed under "Prohibited Usage section", you will not receive a refund under any circumstances.
6- Promotion and Special Offers
No refunds would be offered during any of the special promotional offers where the prices are discounted.
Solid Systems LLC Affiliate Program
We encourage our clients and affiliate to earn money through referral. If you have any active service with Solid Systems LLC, you can activate your affiliate program and earn 10% on every payment your referral make. Not only the first time or a one-time payment like other providers's affiliate programs works. Payout per the affiliate program guidelines, all referrals are held in "pending" for 90 days from their signup date to make sure no chargebacks or subject to any fraud claims. On the last day of the month, all referrals on or passed their 90 days are reviewed and if they pass the referral guidelines, are approved. Once the affiliate meets or exceeds their minimum commission balance of $25, you will receive payment.
Acceptable Use Policy
All services provided by Solid Systems LLC may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Solid Systems LLC and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Solid Systems LLC servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury. Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended or terminated due to content or AUP violation are not refunded under any circumstances.
Abuse, TOS Violation, AUP Violation
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. We reserves the right to require changes or disable as necessary any web site, account, database, denies ptr/rdns requests on KVM & Linux vps, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Hacking, Cracking, Warez and IRC
Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Any violation for the AUP will result in account termination with or without notice. Accounts suspended or terminated due to content or AUP violation are not refunded under any circumstances.
The attempt to acquire sensitive information such as usernames, passwords, and credit card details, Bank and Money institute information (and sometimes, indirectly, money), often for malicious reasons, by masquerading as a trustworthy entity in an electronic communication. Any form of phishing made through Solid Systems LLC network, such host a phishing site, sending phishing emails is a violation of the AUP and will result in account immediate termination. AUP violated accounts are not refunded under any circumstances.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of here the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
List of prohibited content can be found below, which includes but not limited to the following:
- Virtual currency mining (such as bitcoin, primecoin etc)
- Copyright Infringement
- Child pornography
- Malware/virus/security exploit activities
- P2P Illegal Seeding, Torrent Seeding (Only Allowed if you own the copyrights of the material you are seeding with a pre-approval from us)
- Terrorist activities
- Email spam
- Port scanning, brute forcing or any other hacking attempts
- DDoS/DoS/booters/network floods or similar network attacks activities
If any of the above are detected, your service(s) will be terminated or suspended without notice and no refund shall be granted. Solid Systems LLC reserves the right to provide no refund if any of the above activity is detected.
Construction, Venue, Jurisdiction
This Agreement and any claim, action, suit, proceeding or dispute arising out of or in connection with this Agreement shall in all respects be governed by, and interpreted in accordance with, the substantive laws of the United States. Venue for any actions arising under this Agreement shall vest exclusively in courts located in the state of Florida-United States, to be decided at our discretion. Customer hereby submits to the jurisdiction of the aforementioned courts, and agrees that it will not assert lack of personal jurisdiction as a defense to any such action. Customer acknowledges that their attorney has reviewed and participated in the construction of this document and nothing herein shall be viewed as to have favorable construction.
No waiver of any right or remedy shall be valid unless in writing and delivered to the other Party, and waiver of a right or remedy on one occasion by a Party shall not be deemed a waiver of such right or remedy on any other occasion.
This Agreement, including all referenced or attached exhibits, schedules, attachments or documents, sets forth the entire agreement and understanding between the Parties pertaining to their subject matter and supersedes all prior or contemporaneous discussions, agreements, promises or understandings between the Parties. Neither Party shall be bound by any conditions, definitions, warranties, understandings or representations with respect to such subject matter other than as expressly provided in this Agreement.
This Agreement shall not be supplemented or modified by any course of dealing or trade usage. Addition to or variance from the terms and conditions of the Agreement by Customer, including without limitation any additional or varying terms contained in Customer’s preprinted forms, correspondence or other documents transmitted to Solid Systems LLC, shall be of no effect, unless otherwise expressly provided in the Agreement.
This Agreement is not assignable by Customer, in whole or in part, voluntarily or involuntarily, including by operation of law or by merger in which Customer does not survive, without Solid Systems LLC prior written consent. Any attempted assignment without Solid Systems LLC’s written consent shall be null and void.
LIMITATION OF LIABILITY:
Solid Systems LLC shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Solid Systems LLC servers going off-line or being unavailable for any reason whatsoever. Furthermore, Solid Systems LLC shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Solid Systems LLC servers. All damages shall be limited to the immediate termination of service.
Solid Systems LLC cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Solid Systems LLC are resold. Thus, certain equipment, routing, software, and programming used by Solid Systems LLC are not directly owned or written by Solid Systems LLC. Moreover, Solid Systems LLC holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Solid Systems LLC sees fit. FURTHERMORE, Solid Systems LLC retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.