Tekglo Inc. - Legal
 
 
Copyright
 
The Tekglo (tekglo.com) web site, including all text, HTML, scripts, and images are copyright 2000-2010. All rights reserved. Any replication, modification, or copy of any part of this website without the prior, written consent of Tekglo Inc. is prohibited. This copyright notice applies to site visitors, clients, non-clients, affiliates, and resellers of Tekglo Inc.

Tekglo is a mark of Tekglo, Inc. "All Systems Glo", "Business. Network. Supercharged." and the Tekglo graphic logo are all trademarks of Tekglo, Inc. All other trademarks are the property of their respective owners. Tekglo marks may only be used with the permission of Tekglo Inc. and may not be used to promote or otherwise market competitive products or services.
 
 
Disclaimer of Warranties

PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CUSTOMER TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.


Indemnity

(a) Customer agrees to defend, indemnify and hold Provider harmless from and against any and all claims, obligations, losses, liabilities and expenses (including reasonable attorneys' fees and costs) incurred by Provider arising from or due to claims made by third parties (including customers of Customer) that are related to or arising out of: (a) false advertising claims against Customer (or customers of Customer), (b) liability claims for products or services sold by Customer (or Customer’s customers) any other transactions between Customer and third parties, or (c) any content submitted by Customer for publication by Provider. The preceding sentence excludes any third party claims due to the negligence of Provider in connection with providing products or services to Customer under this Agreement.


(b) Provider agrees to defend, indemnify and hold Customer harmless from and against any and all claims, losses, liabilities and expenses (including reasonable attorneys' fees and costs ) incurred by Customer arising from or due to claims made by third parties (including customers of Customer) relating to (a) claims alleging Provider’s infringement of the proprietary rights of third parties; or (b) Provider’s contractual relationship with any third party providers of services or products to Provider in connection with the services and products provided under this Agreement. The preceding sentence excludes any third party claims due to the negligence of Customer in connection with the transactions contemplated by this Agreement.


Force Majeure

Provider shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.


Liability of Customer

Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the Customer or by the use of Customer-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using Customer's facilities which are connected to Provider’s facilities, shall not result in the imposition of any liability upon Provider and Customer shall pay to Provider any reasonable costs, expenses, damages, fees or penalties incurred by Provider as a result thereof, including costs of local exchange company, labor and materials.


Nondisclosure

Provider and Customer shall use their best efforts to keep the provisions (including price) of the Agreement from the public, competitors, or others who may gain benefit from such knowledge unless required by law to divulge such information to regulatory authorities or unless required in connection with enforcing that party's rights hereunder.


Governing Law/Venue

This Agreement shall be governed by the laws of the State of California. Venue for any action hereunder shall be in Los Angeles County, California.


Relationship of the Parties

The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture or employee/employer relationship is intended – unless otherwise specific in a special agreement.


Taxes

If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Customer under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Customer, and Customer shall promptly pay such cost.


Waiver

Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.


Attorneys' Fees

If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys' fees and costs that the prevailing party incurred prior to commencing the proceeding.


Notices

Any notice under this Agreement may be e-mailed, delivered personally or mailed by registered mail to the addresses written below, or to such other places as the parties may designate in writing.
 
 
Data Back-up

Customer is responsible for independent backup of data stored on Provider's servers; unless the Customer’s Web Hosting Service Order includes backup services in which case data backup will be performed under the terms of the specific data backup plan chosen by Customer.

Domain Names

Throughout the course of service rendered to Customer by Provider, Customer will remain the full owner and controlling entity for the Customer's established domain name. Registration and modification of domain name status, including name server location is handled by independent domain name registrars.