Liabilities and Disclaimer
You, the customer, agree that you will protect, indemnify, save and hold Communiqué Kaleidoscope, Inc. harmless from any and all stipulations, arrears, losses, expenses, and assertions, as well as rational attorney's fees declared against Communiqué Kaleidoscope, Inc., its representatives, customers, and administration that may arise or result from any service provided or executed or agreed to be executed or any product sold by customer, its agents, employees, or assigns. Customer agrees to defend, indemnify, and hold harmless Communiqué Kaleidoscope, Inc. against liabilities arising out of any injury to person or property caused by any products sold or distributed in association with Communiqué Kaleidoscope, Inc.'s services, any material furnished by customer encroaching or supposedly encroaching on the exclusive rights of a third party, copyright violation, and any defective products sold to or by customer utilizing Communiqué Kaleidoscope, Inc.'s services.
As required by Part 201 of Title 37 of the Code of Federal Regulations, complaints or claims of copyright abuse by a subscriber of Communiqué Kaleidoscope, Inc.'s web hosting services should be forwarded to the following contact:
Communiqué Kaleidoscope, Inc.
ATTN: Abuse Department
7349 N. Via Paseo del Sur, Suite 515-77
Scottsdale, AZ 85258
fax (480) 998-1943
By submitting a sign-up form for service with Communiqué Kaleidoscope, Inc., you give Communiqué Kaleidoscope, Inc. the right to use your web site address in sales and/or marketing materials if we so desire, or to provide your web site address to perspective customers for purposes of testing our services and response times. We warrant and guarantee that we will not reveal the web site addresses of any Reseller or Reseller's subscriber if and only if Reseller has requested and paid for unique aliased DNS server entries.
Communiqué Kaleidoscope, Inc. is not responsible for any damages your business may suffer. Communiqué Kaleidoscope, Inc. does not make any implied warranties for any of our services. Written warranties may be modified at any time without notice. Our service uptime guarantee applies only in cases that it is our own equipment that is at fault. If downtime occurs because of equipment that is managed by another party, that downtime is not covered under our uptime guarantee. Because we operate multiple servers and redundant equipment, monitoring of downtime for any specific web site is not possible. If you believe your site qualifies for credit under our downtime guarantee, you must notify us, in writing, of the date and times of any downtime you have experienced. No refund will be applied for any downtime for which the client did not notify us of the downtime at the time it occurred.
Communiqué Kaleidoscope, Inc. denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Communiqué Kaleidoscope, Inc.
Communiqué Kaleidoscope, Inc. reserves the right to amend these Terms of Service at any time without notice.
This agreement constitutes the entire agreement between the parties hereto. The Terms of Service of this agreement shall be interpreted and enforced pursuant to the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules. In all cases, venue of the courts will lie in the Commonwealth of Massachusetts and the federal courts located in the Commonwealth of Massachusetts.