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Terms and Conditions
IMPORTANT! THESE TERMS AND CONDITIONS, AS REVISED FROM TIME TO TIME, GOVERN THE USE OF THE PEER 1 WEBSITE, LOCATED AT http://www.peer1.com.
Website BY USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. PEER 1 DEDICATED HOSTING, INC. (THE "COMPANY"). THE COMPANY RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. YOUR USE OF THE WEBSITE CONSTITUTES YOUR ASSENT TO THE THEN CURRENT TERMS AND CONDITIONS, YOU MAY WISH TO CONSULT THESE TERMS AND CONDITIONS REGULARLY.
1. Limited Scope. These Terms and Conditions do not apply to the provision of any products or services and apply only to use of the Website.
2. Permitted Use. The Website is solely for informational use in evaluating the Company and its products and services. You may not use the Website for any other purpose without the Company's express prior written consent, including, without limitation, any commercial purpose. For example, it is illegal and violates copyright law for you to to (i) frame the Website or any portion thereof (whereby the Website or a portion thereof will appear on a user's screen with a portion of other Website, or with content or advertising of any person without the Company's consent), or (ii) Co-brand the Website or any portion thereof. "Co-branding" means the display of a name, logo, trademark, or other means of attribution or identification of any person in such a manner reasonably likely to give a user of the Website the impression that such the person is associated or affiliated with the Company, or has the right to display, publish, transmit or distribute the Website or content accessible within the Website. You may not take any action that violates our Acceptable Use Policy.
3. Proprietary Information. The Company is the owner of all right, title and interest in the Website and all content accessible within the Website, including, without limitation, all trademarks, service marks, trade names, patent rights, copyrights, and other intellectual property or proprietary rights with respect thereto. You may not use any systematic retrieval process including without limitation, scrapers, robots, or bots, to collect, create, or compile data from the Website.
4. Disclaimer. The Company has tried to provide accurate information on the Website. Further, the Company attempts to update and maintain the accuracy of this information in a timely manner. Nevertheless, the content of the Website may not always be accurate, complete, or up to date, and may sometimes include technical or typographical errors and inaccuracies. The Company may change the content of the Website without notice. This includes information about products, services prices and any other information. Anyone intending to purchase products or services or make other personal or business decisions based on any information found on the Website should first verify by other reasonable means that the information is accurate and correct. Any decision made by the user is the sole responsibility of the user. If you have any questions about the content of the Website, or if you require more specific information, you may contact the Company at the numbers provided at the Contact Information section of the Website. You understand that the Company does not guarantee or warrant that files available for downloading from the Website or through the Internet will be free of infection or viruses, worms, Trojan horses or other malicious code.
ACCESS TO AND USE OF THE WEBSITE AND ANY INFORMATION CONTAINED THEREIN ARE PROVIDED “AS IS.” THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO YOUR USE OF THE WEBSITE OR THE CONTENT CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND THE COMPANY HEREBY DISCLAIMS THE SAME.
5. Privacy Policy. The Company collects, stores and uses data collected in accordance with the Company's Privacy Policy.
6. Limitation on Liability. THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND ARISING FROM USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Trademarks. PEER 1 is a trademark and the PEER 1 logo and other PEER 1 marks appearing on the Website are either registered or unregistered trademarks of the Company. Other trademarks, service marks and logos appearing in the Website are the property of either the Company, its content providers or other third parties. The Company, its content providers and such third parties retain all rights with respect to any of their respective trademarks, service marks or logos.
8. Governing Law and Jurisdiction. The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of Georgia, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEBSITE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF THE COMPANY REGARDING USE OF THE WEBSITE, MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN FULTON COUNTY, GEORGIA, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
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