SUMOFIBER TERMS & CONDITIONS
IMPORTANT: THIS USER AGREEMENT (THIS "AGREEMENT") IS A LEGALLY BINDING AGREEMENT
BETWEEN YOU, AN INDIVIDUAL OR An official representative of a Corporation, as
such duly accredited to engage your organization to this agreement ("YOU" or
"YOUR"), AND SUMOFIBER. THAT SETS FORTH THE TERMS AND CONDITIONS FOR
THE USE BY YOU OF SUMOFIBER HOSTING SERVICE AND/OR OTHER DOCUMENTATION
PROVIDED THEREWITH (THE "SERVICE"). SUMOFIBER LICENSES THE SERVICE TO YOU
UPON THE EXPRESS CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS IN
THIS AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY BEFORE USING THE SERVICE.
BY CLICKING ON THE "I ACCEPT" BUTTON AT THE END OF THIS AGREEMENT, YOU ACCEPT
THE TERMS AND CONDITIONS OF THIS AGREEMENT. EACH TIME YOU ACCESS THE SERVICE,
YOU AFFIRMATIVELY STATE THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS
AGREEMENT. SUMOFIBER IS UNWILLING TO PROVIDE YOU WITH
ACCESS TO THE SERVICE UNLESS YOU ACCEPT THE TERMS AND CONDITIONS OF THIS
SUMOFIBER and You are the only parties to this Agreement and are sometimes
referred to singularly as a "Party" or collectively as the "Parties."
1. Intellectual Property Rights. It is hereby understood and agreed that
as between SUMOFIBER and You, SUMOFIBER is the owner of all rights,
title and interest, including all Intellectual Property Rights (as defined
below), to the Service, the Site, and any comments, suggestions, ideas,
graphics, questions or other information submitted by You through the Site or
the Service ("Submissions"). SUMOFIBER shall be entitled to
use such Submissions for any commercial or other purpose whatsoever without
compensation to you or anyone else. For the purposes of this Agreement,
"Intellectual Property Rights" shall mean any and all of the following:
(a)rights associated with works of authorship throughout the universe, including
but not limited to copyrights, moral rights, and mask-works; (b)Trademark and
trade name rights and similar rights; (c)Trade secret rights; (d)Patents,
designs, algorithms and other industrial property rights; (e)All other
intellectual and industrial property rights (of every kind and nature throughout
the universe and however designated, including, but not limited to logos,
"rental" rights, rights of publicity, and rights to remuneration), whether
arising by operation of law, contract, license, or otherwise; and (f)All
registrations, initial applications, renewals, extensions, continuations,
divisions or reissues hereof now or hereafter in force (including any rights in
any of the foregoing).
Except as expressly provided herein, You do not acquire any rights to the
Service through the purchase of licenses to the Service or the Site. You may not
reverse engineer, decompile, disassemble, or otherwise attempt to discern the
source code (i.e., the human-readable form of any computer programming code)
("Source Code") of the components of the Service, or create derivative works
based thereon. You also may not download, republish, reproduce, copy, post,
transmit, or in any way distribute any material from the Site unless such
activities are in direct furtherance of Your permitted use of the Service and do
not in any way violate this Agreement or any Licensing Documents.
2. Privacy. SUMOFIBER will not disclose any personal information
about Your use of the Service in violation of the SUMOFIBER Privacy
3. Payment. You are responsible for paying all fees and charges (plus
applicable taxes) associated with your use of the Service (the "Service Fee") as
such fees become due. Unless otherwise stated in writing from SUMOFIBER, You
agree to be billed monthly via your credit card or checking account for all
recurring and one-time charges, including but not limited to late and
termination charges, for any services ordered by You and any fees You
owe to SUMOFIBER. Except as otherwise provided in this Agreement, all fees and
charges are non-refundable.
Taxes and other service-related fees: SUMOFIBER shall not be
liable for any taxes, governmental fees or any other fees to be paid in relation
to the services provided therein. You agree that You shall be responsible for
all taxes and fees on any nature associated with products and services provided
to You by SUMOFIBER.
4. Billing. SUMOFIBER
bills on a monthly (roughly 30 day) schedule. During the 0 day free trial
period, you can cancel your account at any time and you will not be charged.
After the 0 day trial period is over, all payments are final, and refunds will
be done on a prorated basis. Any users added to the system after this
trial period, will not be eligible for the free trial, and will be subject to
the normal fees.
5. Term. The initial term of this agreement is equal to the “minimum
term” specified for each respective subscribed service provided by SUMOFIBER
and is equal to one month. Automatic renewal: unless
terminated pursuant to Article 6 below, this agreement shall renew automatically
for periods equal to the initial term.
6.1. Termination without cause. You may terminate this Agreement
at any time by canceling the account via the Admin screen. No service termination can be
processed by phone.
ALL CUSTOMER DATA AND ACCOUNT SETTINGS INCLUDING, BUT NOT LIMITED TO, CONTENT IN
PUBLIC AND PRIVATE INFORMATION STORES ARE IRREVOCABLY DELETED UPON ACCOUNT
6.2. Termination for cause. Notwithstanding the foregoing, SUMOFIBER
may immediately terminate this Agreement and Your Account upon (a) Your breach
of any provision of this Agreement , (b) any action by you that SUMOFIBER
determines, in its sole judgment, to interfere with the operation or use of the
Service or (c) failure to maintain current contact information for your account.
In the event of immediate termination for cause, SUMOFIBER shall be entitled
to the entire Service Fee for the month in which such termination occurred and
you shall not be entitled to any refund or credit thereof.
Any provision of this Agreement which may reasonably be interpreted or construed
as surviving the termination of the Agreement, shall survive such termination of
this Agreement for any reason.
7. Hyperlinked Material. The Site may contain hyperlinks to other sites
on the Internet which are not owned or controlled by SUMOFIBER. SUMOFIBER
cannot assume any responsibility for any material on such sites, or any other
material outside of the Site, which is accessed directly or indirectly by any
8. Security and Data Storage. You shall not permit or allow other persons
to have access to or to use Your Account Information other than Your employees,
consultants or agents who have been notified of the restrictions set forth in
this Agreement, absent SUMOFIBER's prior express written consent. You agree
to maintain the confidentiality of all of Your Account Information and agree to
be primarily responsible for all activity pursuant to Your Account. Although SUMOFIBER
has taken significant measures to ensure the security of information submitted
by You in using the Service, SUMOFIBER cannot guarantee the security of
information collected during Your use of the Service and shall not be liable in
any way for compromise of Your data.
9. Relationship of the Parties - Independent Contractor. It is expressly
understood and agreed that the relationship between the Parties is as follows:
each Party is acting as an independent contractor and is not an agent, partner,
or joint venture with the other Party for any purpose. The Parties have no
authority to assume or create any obligation for or on behalf of the other
Party, express or implied, with respect to this Agreement or otherwise.
10. SUMOFIBER Limited Liability. You agree that the liability
limit of SUMOFIBER, shall in no event exceed the total dollar amount which
you have paid during the term of this agreement, including any reasonable
attorneys' fees and court costs. Further, SUMOFIBER expressly limits
its damages for any non-accessibility time or other downtime to the service to
no greater then the total dollar amount for the period that the downtime
occurred. You acknowledge that the operation and availability of the
communications systems, including, without limitation, telephone service,
computer networks and the Internet, used for accessing and interacting with the
Service can be unpredictable and may, from time to time, interfere with or
prevent access to or operation of the Service. You acknowledge that SUMOFIBER
is not responsible for any such interference with or prevention of Your use of
or access to the Service.
11. Indemnification. You agree to indemnify and hold harmless each and
every Contributor, and their respective affiliates, officers, directors,
employees, consultants, agents, licensees and licensors from any claim, demand,
or damages, including reasonable attorneys' fees, asserted by any third party
due to, arising out of, or in any way related to, the use of the Service under
Your Account. As used in this Agreement, "affiliate" means any entity which
controls, is controlled by, or is under common control with the named entity.
12. Equitable Relief. You acknowledge that, at the time this Agreement
is entered, it would be impossible or inadequate to measure and calculate all of
SUMOFIBER's damages for the breach of certain provisions of this Agreement
and that it would require a court of competent jurisdiction to ascertain SUMOFIBER's
damages. Accordingly, if You breach or threaten to breach any of Your
obligations, other than payment when due, SUMOFIBER shall be entitled,
without showing or proving any actual damage sustained, to a stipulated
temporary restraining order, and shall thereafter be entitled to apply for a
preliminary injunction, permanent injunction, and/or order compelling specific
performance, to prevent the breach of Your obligations under this Agreement.
Nothing in this Agreement shall be interpreted as prohibiting SUMOFIBER from
pursuing or obtaining any other remedies as otherwise available to it for such
actual or threatened breach, including recovery of damages.
13. Notice. Any notice required by this Agreement or given in connection
with it, shall be posted on the SUMOFIBER website or e-mailed to the User and
shall be effective ten (10) business days after it is sent via e-mail or posted
on Company website.
14. Governing Law/Jurisdiction. This Agreement shall be governed by and
construed under the laws of United States, without
reference to principles of conflict of laws, and any action brought by the
Parties to enforce or interpret any provision of this Agreement shall be brought
exclusively in an appropriate court or federal court in the United States. The Parties hereby consent to such jurisdiction
and waive any objection to such venue.
15. General. This Agreement sets forth the entire agreement and
understanding of the parties relating to the subject matter herein and merges
and supersedes all prior agreements, writings, commitments, discussions term had
never been included. Failure by SUMOFIBER to enforce any provision of this
Agreement will not be deemed a waiver of future enforcement of that or any other
provision. Non-performance of either Party shall be excused to the extent that
performance is rendered impossible by strike, fire, flood, governmental acts or
orders or restrictions, failure of suppliers, or any other reason where failure
to perform is beyond the control and not caused by the negligence of the non
performing Party. This Agreement shall be construed within its fair meaning and
no inference shall be drawn against the drafting Party in interpreting this
Agreement. Headings used in this Agreement are for reference purposes only and
in no way define, limit, construe or describe the scope or extent of such
section or in any way affect this Agreement. Except as otherwise stated in this
Agreement, SUMOFIBER reserves the right to modify this Agreement or policies
regarding the use of the Service at any time and to notify You of such
modification by posting a notice of such modification to the Site at least ten
(10) days prior to such modification taking effect, and by posting the modified
Agreement to the Site. You are responsible for periodically reviewing this
Agreement. A printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this Agreement to the same extent and subject to the
same conditions as other business documents and records originally generated and
maintained in printed form.
YOU HEREBY RECOGNIZE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND
AGREE TO BE BOUND BY THE AGREEMENT'S TERMS AND CONDITIONS.