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NOTE: Please find the package you signed up for and read the specific Terms of Service for that package. It may not be the first package listed.
HOSTING AGREEMENT
BETWEEN YOU AND SOLUCIÓN EN LÍNEA E.U.
For Shared Web Hosting and Email Services
1.00 General
1.01 These Terms of Service govern the use of the
SEL website and its services. The term "SEL" is used to refer to
Solución En Línea E.U.. The term "account" refers to the access,
content, and services that SEL provides to its users.
1.02 By using the SEL Web Site, Hosting
Services, any Support Services, any SEL software, or any other products
or services of SEL, you agree to be bound by the terms of this Agreement.
SEL reserves the right to change, amend and/or otherwise alter the
SEL Services with equivalent or otherwise equal services without prior
notice to you.
1.03 The terms contained herein supersede and
replace any other agreement or negotiation between you and SEL, whether
oral, written or otherwise, including any statements made to you by any
representative of SEL at any time. Any amendments, changes,
additions, deletions or other modifications of this Agreement are void unless
specifically expressed in writing and agreed to by SEL.
1.04 SEL reserves the right to cancel any
account, including files and content, for any reason, or no reason at all, at
any time. You agree to maintain back-up files of all information you post on
SEL and you agree that SEL will have no liability for removing any
data you have posted.
1.05 Subscribers to SEL Services must be at
least 18 years of age or require the approval of the minor's legal guardian.
2.00 Domain Names and Registration Services.
2.01 At your request, SEL may acquire a Second-Level
Domain Name
("Domain Name"), on your behalf and in your name, assuming that the
Domain Name you request is available for registration. SEL will not own
or otherwise legally control any Domain Name registered on your behalf under
this Section. SEL provides this service as a convenience to you only and
you hereby waive any and all claims which you may have, or which may later
arise, against SEL for any and all damages, losses, claims or expenses
arising or related to the acquisition, registration and/or use of the Domain
Name. Any costs incurred by SEL to obtain and/or maintain the Domain Name
on your behalf shall be charged to you by SEL at an amount determined by
SEL, at their sole discretion.
2.02 Before using a website under a domain name, SEL may list
advertisements on the website for SEL Services or for the products and
services offered by business partners of SEL or by other third parties.
2.03 Domain Names may be registered by SEL on your behalf
through a variety of Domain Name Registration Services (each a "Registrar").
Each Registrar has its own terms and conditions concerning the registration and
maintenance of domain names and you agree to be bound thereby. In particular,
registration of Domain Names binds you to the terms of the Uniform Domain Name
Dispute Resolution Policy ("UDRP"), which governs the resolution of most
disputes regarding the registration of Domain Names.
2.04 You warrant to SEL that any Domain Name you may seek to
register through SEL does not violate the rights of any third party, in
particular trademark rights, and that you have taken reasonable steps,
including but not limited to searches of the applicable state and federal
trademark registries, to assure that this is the case. You agree to indemnify
and hold harmless SEL, its officers, directors, employees and agents,
with respect to any and all damages, losses, claims or expenses incurred with
respect to or arising out of claims of third parties concerning your use of any
such Domain Name on the Internet.
2.05 You agree to inform SEL of any proceeding instituted by
any party challenging your rights to use any Domain Name hosted on SEL
servers, including but not limited to disputes under the Uniform Domain Name
Dispute Resolution Policy ("UDRP"). Should you for any reason lose your right
to use a Domain Name hosted on the SEL Servers, through expiration of the
registration of the Domain Name, judicial decree, and administrative decision
under the UDRP or otherwise, you agree to immediately inform SEL of such
loss of rights. To the extent your loss of rights to a Domain Name is
accompanied by any judicial decree or administrative decision granting rights
to the Domain Name to a third party, you agree to immediately inform SEL
in writing of the identity of the party to whom such rights are to be
transferred, as well as of any other information regarding the nature and scope
of the decision of the judicial body or administrative panel that rendered the
decision.
2.06 You agree and understand that SEL may, should your
rights to a Domain Name be challenged in any way, suspend the SEL
Services associated with such Domain Name and take any other steps required
under any such proceeding, including but not limited to actions required under
the UDRP. In any such case, SEL will take every reasonable step to assure
that no loss of data occurs as a result of such actions and SEL may make
such data available to you for storage elsewhere.
3.00 Technical Support
3.01 Support for hosting plans are offered via e-mail. This support is offered 24 hours a day, seven (7) days a
week. In the case of emergencies or natural disasters, SEL will provide
support as soon as it is a reasonable time to do so.
3.02 SEL provides support for issues relating to the hosting
of web sites created with FrontPage. For FrontPage programming support, please
visit: www.microsoft.com/frontpage/support/default.htm
4.00 Cancellations and Billing
4.01 Setup Fees are nonrefundable.
4.02 The initial term shall be as set forth in
the Order Form (the "Initial Term"). The Initial Term shall begin upon
commencement of the Services to Customer. After the Initial Term, this
Agreement shall automatically renew. Additionally, after the initial term,
customer acknowledges, agree and authorize SEL to automatically bill
and/or charge their credit card for successive terms of equal length as the
initial term, unless terminated or cancelled by either party as provided in
this section. After the Initial Term, this Agreement shall automatically renew
at the current listed fee. A list of current fees are available on the
SEL website.
4.03 SEL reserves the right to offer
subsequent promotional rates which may or may not be more favorable than the
terms under which you entered this agreement. Any such periodic special
rates shall not affect the then existing right and responsibilities of each
party. Promotional offers and rates may not be combined.
4.04 To the extent that you qualify for any
promotional rates or special offers offered by SEL, these terms and
conditions may be modified by the terms and conditions of the promotion or
special offer. In such a case, the terms and conditions of the promotion,
to the extent they differ from the terms and conditions expressed herein,
govern.
4.05 SEL charges a non-refundable set up
fee as well as its periodic service fee which in some cases may be refundable
as further set forth elsewhere herein. SEL may also charge you for
Domain Service Fees and specifically reserves the right to institute additional
charges upon notice to you. SEL reserves the right to alter, change,
amend or delete charges at its sole discretion. SEL further reserves the
right to institute new services and charge fees in association with the
provision of such new services as it deems appropriate.
4.06 Payment for all products and services is due in advance,
unless specifically stated otherwise in the offer or promotion pursuant to
which you have ordered or are ordering the SEL services. All payments
shall be made in United States Dollars.
4.07 Payment by Credit Card: prior to activation
of your user account and at any applicable time thereafter you authorize
SEL to charge the credit card provided by you for the amount of the fees
due for the agreed upon services, together with any applicable set-up charges,
registration fees, or any other charges outlined herein as may be applicable.
You further authorize SEL to charge your credit card for all subsequent
period fees at, or a reasonable period in advance of, the commencement of any
such subsequent period. Should you fail to provide credit card authorization to
pay for the coverage, SEL, at its sole discretion will have the right to
suspend your account and/or terminate it under Article 8 hereof. Refusal or
rejection of any charge or any portion thereof is grounds for account
suspension and/or termination at the sole option of SEL under Article 16
herein.
4.08 The Hosting Services may be terminated by
the following methods:
(a) by either party by giving the other party thirty (30) days
prior written notice,
(b) by SEL in the event of non-payment by Customer,
(c) by SEL, at any time, without notice, if, in SEL's
sole and absolute discretion and/or judgment, Customer is in violation of any
term or condition of the this Agreement and related agreements, or Customer's
use of the Services disrupts or, in SEL's sole and absolute discretion
and/or judgment, could disrupt, SEL's business operations and/or
(d) By SEL upon verbal request by Customer if Customer provides satsifactory authorization and account verification.
(e) by SEL in accordance with other cancellation terms listed herein.
4.09 If a customer cancels their Hosting service
prior to the end of the Initial Term or any Term thereafter:
(a) customer shall be obligated to pay all fees and
charges accrued prior to the effectiveness of such cancellation,
(b) Refunds of Service fees will be made only for pre-payment of
Service fees beyond the renewal date following the effective notice and
termination of this agreement. All refunds shall be pro-rated based upon
the number of days for which service remains unused as of that renewal date.
SEL may grant refunds under any other circumstance it deems appropriate
without waiving any other rights hereunder. There will be no refunds of Domain
Service Fees. Fees paid for certain additional services, including but not
limited to services for extra storage space, web mail tools or special
groupware, are also not refundable.
4.10 If SEL cancels a customer's account
prior to the end of the Term for the customer's breach of the Terms of Service
and related agreements, the Customer's use of the Services disrupts, SEL
shall not refund to customer any fees paid in advance of such cancellation and customer
shall be obligated to pay all fees and charges accrued prior to the
effectiveness of such cancellation; further, customer shall be obligated to pay
100% of all charges for all Services for each month remaining in the Term.
4.11 Upon termination of a customer's account for
any cause or reason whatsoever, neither party shall have any further rights or
obligations under these terms of service, except as expressly set forth herein.
Termination of a hosting Agreement and retention of pre-paid fees and charges
shall be in addition to, and not be in lieu of, any other legal or equitable
rights or remedies to which SEL may be entitled.
4.12 Should a customer decide to cancel an
account within the initial 90 day period, the customer will receive a full
refund on the hosting fees, less any domain registration fees that SEL
has occurred to date as part of a promotion or separate charges. Any upgrade of
the initial account by customer within the initial 90 day period will be
considered a waiver of the money back guarantee and an acceptance of the then
current rates and fees. To be considered valid, all money back guarantee
requests must be e-mailed to billing@solucionenlinea.com
within 90 days of the customer's account being signed up.
5.00 Content
5.01 SEL reserves the right to access and
review its user's content, files, or web pages for any reason at its sole
discretion.
5.02 SEL does not preview the content of its users and
therefore all user content is provided "AS IS" and without warranty of any kind
by SEL.
5.03 SEL does not endorse any content contained within it's
user's pages.
5.04 SEL will cooperate with all law enforcement efforts
pertaining or involving the use of SEL's user's web space and content.
This may result in SEL disclosing all information given to SEL
including but not limited to information contained in SEL's customer
database records.
6.00 Inappropriate Content
6.01 Transmission, distribution, sale or storage
of any material in violation of any applicable law, regulation, ordinances, or
these guidelines is prohibited. SEL reserves the rights to restrict or
prohibit any and all uses of the Services or content on your Web site(s) and to
remove such material from its servers that SEL determines in its sole
discretion is harmful to its servers, systems, network, reputations, good will,
other SEL Customers, or any third party. The following non-exhaustive
list details the kinds of illegal or harmful or misappropriates conduct that is
prohibited.
6.02 SEL does not permit any of the
following types of content:
(a) nudity, pornography, anything of a sexual, lewd, indecent or of
obscene nature.
(b) violations of any copyright or any other right of any third
party, including, without limitation, material protected copyright, trademark,
patent, trade secret, or other intellectual property right used without proper
authorization.
(c) threatening, abusive, harassing, harmful, defamatory, invasive
of privacy or publicity rights, abusive, inflammatory or otherwise
objectionable.
(d) promotion of illegal activities (info on hacking, cracking,
making illegal devices, etc).
(e) information, instructions, or software containing or about any
kind of virus.
(f) hate speech or hate propaganda.
(g) content that links to content that violates SEL's Terms
of Service in any way.
(h) misrepresentation of user's identity, or the impersonation of
anyone, including SEL personnel.
(i) collection of personal information for
illegal purposes.
(j) content that is deemed by SEL, in its sole discretion, to
be harmful to SEL, another company or organization, or individual.
(k) solicitation or sale of any products or services that are
harmful, illegal, dangerous, pornographic, or indecent.
(l) use of web space for spamming, bulk mail, web bombing, etc.
7.00 Export
Violations and CISG
7.01 SEL does not permit the posting or sending of software
or technical information in violation of
U.S.
export laws, including, without limitation, the Export Administration Act and
the Export Administration Regulations maintained by the Department of Commerce.
7.02 The United Nations Convention on Contracts for the
International Sale of Goods (CISG) does not apply to this agreement.
8.00 Harmful Content
8.01 Disseminating or hosting harmful content
including, without limitation, viruses, Trojan horses, worms, time bombs,
cancelbots or any other computer programming routines that may damage,
interfere with, surreptitiously intercept or expropriate any system, program,
data or personal information.
9.00 Fraudulent Conduct
9.01 Offering or disseminating fraudulent goods,
services, schemes, or promotions (i.e., make money fast schemes, chain letters,
pyramid schemes), or furnishing false data on any signup form, contract or
online application or registration, or the fraudulent use of any information
obtained through the use of the Services, including without limitation use of
credit card numbers.
9.02 You agree not to make or attempt any
unauthorized access to any SEL website or the website of any SEL
customer.
10.00 Security Violations
10.01 Violations of SEL's or any third party's server,
system or network security through the use of the Services are prohibited, and
may result in criminal and civil liability. SEL may investigate incidents
involving such violations. SEL may involve and cooperate with law
enforcement if a criminal violation is suspected. Examples of server, system or
network security violations include, without limitation, the following:
10.02 Hacking. Unauthorized access to
or use of data, systems, server or networks, including any attempt to probe,
scan or test the vulnerability of a system, server or network or to breach
security or authentication measures without express authorization of the owner
of the system, server or network.
10.03 Interception. Unauthorized
monitoring of data or traffic on any network, server, or system without express
authorization of the owner of the system, server, or network.
10.04 Intentional Interference.
Interference with service to any user, host or network including, without
limitation, mail bombing, news bombing, other flooding techniques, deliberate
attempts to overload a system, broadcast attacks and any activity resulting in
the crash of a host. Intentional interference also means the use of any kind of
program/script/command, or send messages of any kind, designed to interfere
with a user's terminal session, via any means, locally or by the Internet.
10.05 Falsification of Origin.
Forging of any TCP-IP packet header, e-mail header or any part of a message
header.
10.06 Avoiding System Restrictions.
Using manual or electronic means to avoid any use limitations placed on the
Services such as timing out.
10.07 Failure to Safeguard Accounts. Customer fails to
prevent access to the accounts, including any account passwords.
11.00 Disallowed File Types
11.01 SEL does not permit the following file types:
.cmd, and .bat.
12.00 User Name Restrictions
12.01 SEL user name restrictions are as follows:
(a) No vulgar or offensive language.
(b) No use of a name other than your own.
(c) No use of a name that is an organization or entity other than
your own.
(d) No use of a name that is trademarked, copyrighted, service
marked, or violates the rights of another individual or organization.
13.00 Account Usage
13.01 Customer's selection of unlimited data transfer from
their Web Site, excludes transfer from any database server, RealMedia server,
or other audio/video streaming servers. Customers may pay additional bandwidth
fees for database server or RealMedia, or other audio/video streaming server
transfers that exceed 10 GB, in the aggregate, during any calendar month.
Customer agrees to design their websites in such a manner as to avoid
overloading of SEL Servers, by limiting the use of code/applications that
require overly high processor capacity, and to use good judgment to provide a
website that is designed in a technically competent manner. SEL has the
right, should the customer's website be the cause of interruptions in
SEL's ability to provide its services to other customers, to temporarily
disable access to the customer's website. In case SEL takes such a step,
the customer will be informed thereof as soon as is practicable and SEL
may work with customer to remove the condition that led to the suspension.
13.02 To protect the legitimate Internet use of our Customers
across our system, Customers may not:
(a) Use the Web site to store Web pages, files or data for other IP
addresses or domain names, or as a repository for files, data or "Warez group"
download transfer.
(c) Offer adult content.
SEL may immediately suspend service without notice to any Web
site that violates these rules in manner that adversely affects the operations
or performance of other SEL customers.
13.03 In the event of any dispute regarding these rules,
SEL may determine violations of these rules in its sole discretion.
Customers utilizing bandwidth in excess of plan limitations, or in violation of
these rules, will pay SEL the applicable rate for excess bandwidth.
13.04 Customers utilizing bandwidth, disk space or SQL usage in excess
of current plan limitations, or in violation of these rules, will be subject to additional fees
for the applicable rate for the excess bandwidth, disk space or SQL space.
13.05 You agree not to collect or attempt to collect
personally identifiable information of any person or entity without their
express written consent and you shall maintain records of any such written
consent throughout the terms of this agreement and for three years thereafter.
14.00 E-mail Communication
14.01 SEL users agree to:
(a) Maintain a current email address in the SEL database.
Failure to notify SEL of an e-mail change could result in the termination
of your SEL account.
(b) Receive emails about a product or service that might be of
interest from an advertiser.
(c) Receive updates, offers, notifications and newsletters in email
as SEL decides to send them.
(d) Check all of their email accounts in regular intervals and to
download the email stored therein in order to maintain an acceptable
data-transfer volume. SEL may, should the capacity of your email boxes be
exceeded at any time, return all subsequently received emails to the senders
without notice to the customer.
14.03 You may not use SEL's mail server or another Web
site's mail server to relay mail without the express permission of the account
holder or the Web site. Posting the same or similar message to one or more
newsgroups (excessive cross-posting or multiple-posting) also is explicitly
prohibited.
15.00 SPAM/Bulk Mail Policy
15.01 SEL users agree not to distribute, publish, or
send any of the following types of e-mail:
(a) Unsolicited promotions, advertising or solicitations (commonly
referred to as "spam"), including, without limitation, commercial advertising
and informational announcements, except to those who have explicitly requested
such e-mails.
(b) Harassing e-mail, whether through language, frequency, or size
of messages.
(c) Chain letters.
(d) UCE (Unsolicited Commercial E-mail), Bulk E-mail, advertising
or solicitations (commonly referred to as "spam"). SEL reserves the right
to decide what it considers "spam", "UCE", "mail bombing", or "bulk e-mail",
and to determine from all of the evidence whether or not the e-mail recipients
were from an "opt-in" e-mail list.
Further, you agree to indemnify and hold us harmless from any claim
resulting from your use or distribution of electronic mail services through the
service provided through this Agreement. Anyone using our services for spamming
will be immediately subject to a $250 cleanup/network abuse fee.
(e) Unsolicited postings to newsgroups advertising any URL (domain)
hosted by SEL.
(f) Promoting any software program, product, or service that
facilitates the use of spam/bulk mail.
(g) E-mails containing forged or falsified information in the
header (including sender name and routing information), or any other forged or
falsified information.
15.02 Malicious e-mail, including without limitation
"mail-bombing" (flooding a user or Web site with very large or numerous pieces
of mail) or "trolling" (posting outrageous messages to generate numerous
responses).
15.03 In addition, you may not use SEL's mail server or
another Web site's mail server to relay mail without the express permission of
the account holder or the Web site. Posting the same or similar message to one
or more newsgroups (excessive cross-posting or multiple-posting) also is
explicitly prohibited.
16.00 Termination of Service
16.01 A partial list of the actions that may cause
termination of account:
(a) Purposely circumventing the receiving of emails.
(b) Posting or providing links to content that violates these
Terms of Service.
(c) Using an account that is not yours or is inactive.
(d) Sending unsolicited (bulk, spam) email from or
referencing your space.
(e) Reproduction or use of another user's content without
permission.
(f) Reproduction of any www.solucionenlinea.com content (CodeBank,
Forum Messages, Articles).
(g) Invalid e-mail address for correspondence with SEL.
16.02 INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS, AND
ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE
CONSIDERED VIOLATIONS OF THE TERMS OF SERVICE BY YOU.
17.00 OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
17.01 It is understood and agreed that during the term of this agreement
and thereafter you may come into possession of information which is the
confidential and proprietary information of SEL including but not limited
to the SEL customer service tools. You acknowledge that all right and
title to any such SEL intellectual property shall remain the sole
property of SEL and that you have no right, title or interest therein.
You further agree not to provide access to the SEL services to any third
party. Any and all right or title to any engineering, coding, programming or
customer service work around or other modification of the SEL Services
shall also remain the sole property or SEL.
17.02 During the term of this agreement you may have access to
certain information and materials relating to the SEL business,
customers, software technology and marketing which SEL treats as
confidential (hereinafter "Confidential Information"). You agree to at all
times during the term of this agreement and otherwise as set forth herein: (i)
hold in confidence, and not disclose or reveal to any person or entity, any
"Confidential Information" without the express prior written consent of
SEL; and (ii) not use or disclose any of the "Confidential Information"
for any purpose at any time, other than pursuant to your rights under this
agreement for the purpose intended. These obligations shall continue
indefinitely for so long as the Confidential Information is a trade secret
under applicable law and shall continue for three (3) years following
termination of this Agreement with respect to Confidential Information, which
does not rise to the level of a trade secret.
17.03 For purposes of this Article 17, Confidential
Information also includes passwords and access codes.
18.00 Limitations of Liability
18.01 SEL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. SEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
18.02 SEL MAKES NO WARRANTY THAT (i) SEL WILL
MEET YOUR REQUIREMENTS OR THAT, (ii) SEL WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
SEL IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM SEL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SEL SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SEL HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
SEL; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
18.03 You agree to indemnify and hold SEL, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of any information or data
you post on SEL your use of SEL, your violation of these Terms of
Service, or your violation of any rights of another.
18.04 These Terms of Service constitute the entire agreement
between you and SEL and govern your use of SEL, superseding any
prior agreements between you and SEL. You also may be subject to
additional terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. These Terms of Service and the
relationship between you and SEL shall be governed by the laws of the
Commonwealth of Virginia. You and SEL agree to submit to the personal and
exclusive jurisdiction of the courts located within the Commonwealth of
Virginia. The failure of SEL to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such right
or provision.
19.00 Severability
19.01 If any provision of these Terms of Service is found by
a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of these Terms of Service
remain in full force and effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to
use of the Service or these Terms of Service must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
HOSTING
AGREEMENT BETWEEN YOU AND SOLUCIÓN EN LÍNEA E.U.
For Web Hosting For Life Promotion,
Professional Windows and Linux Packages
1.00 General
1.01 These Terms of Service govern the use of the SEL website and its services. The term "SEL" is used to refer to SOLUCIÓN EN LÍNEA E.U. The term "account" refers to the access, content, and services that SEL provides to its users.
1.02 By using the SEL web site, hosting services, any support services, any SEL software, or any other products or services of SEL, you agree to be bound by the terms of this Agreement. SEL reserves the right to change, amend and/or otherwise alter the SEL services with equivalent or otherwise equal services without prior notice to you.
1.03 The terms contained herein supersede and replace any other agreement or negotiation between you and SEL, whether oral, written or otherwise, including any statements made to you by any representative of SEL at any time. Any amendments, changes, additions, deletions or other modifications of this Agreement are void unless specifically expressed in writing and agreed to by SEL.
1.04 SEL reserves the right to cancel any account, including files and content, for any reason, or no reason at all, at any time. You agree to maintain back-up files of all information you post on SEL and you agree that SEL will have no liability for removing any data you have posted.
1.05 Subscribers to SEL services must be at least 18 years of age or require the approval of the minor's legal guardian.
2.00 Domain Names and Registration Services.
2.01 At your request, SEL may acquire a Second-Level domain Name ("Domain Name"), on your behalf and in your name, assuming that the Domain Name you request is available for registration. SEL will not own or otherwise legally control any Domain Name registered on your behalf under this Section. SEL provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against SEL for any and all damages, losses, claims or expenses arising or related to the acquisition, registration and/or use of the Domain Name. Any reasonable costs incurred by SEL to obtain and/or maintain the Domain Name , (domain name costs), on your behalf shall be waived for the initial year of this agreement After the initial year, the domain name costs will be charged to you by SEL at a fair market amount determined by SEL at their sole discretion.
2.02 Before using a website under a Domain Name, SEL may list advertisements on the website for SEL services or for the products and services offered by business partners of SEL or by other third parties.
2.03 Domain Names may be registered by SEL on your behalf through a variety of Domain Name Registration services (each a "Registrar"). Each Registrar has its own terms and conditions concerning the registration and maintenance of Domain Names and you agree to be bound thereby. In particular, registration of Domain Names binds you to the terms of the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which governs the resolution of most disputes regarding the registration of Domain Names.
2.04 You warrant to SEL that any Domain Name you may seek to register through SEL does not violate the rights of any third party, in particular trademark rights, and that you have taken reasonable steps, including but not limited to searches of the applicable state and federal trademark registries, to assure that this is the case. You agree to indemnify and hold harmless SEL, its officers, directors, employees and agents, with respect to any and all damages, losses, claims or expenses incurred with respect to or arising out of claims of third parties concerning your use of any such Domain Name on the Internet.
2.05 You agree to inform SEL of any proceeding instituted by any party challenging your rights to use any Domain Name hosted on SEL servers, including but not limited to disputes under the Uniform Domain Name Dispute Resolution Policy ("UDRP"). Should you for any reason lose your right to use a Domain Name hosted on the SEL Servers, through expiration of the registration of the Domain Name, judicial decree, and or administrative decision under the UDRP or otherwise, you agree to immediately inform SEL of such loss of rights. To the extent your loss of rights to a Domain Name is accompanied by any judicial decree or administrative decision granting rights to the Domain Name to a third party, you agree to immediately inform SEL in writing of the identity of the party to whom such rights are to be transferred, as well as of any other information regarding the nature and scope of the decision of the judicial body or administrative panel that rendered the decision.
2.06 You agree and understand that SEL may, should your rights to a Domain Name be challenged in any way, suspend the SEL services associated with such Domain Name and take any other steps required under any such proceeding, including but not limited to actions required under the UDRP. In any such case, SEL will take every reasonable step to assure that no loss of data occurs as a result of such actions and SEL may make such data available to you for storage elsewhere.
3.00 Technical Support
3.01 Support for hosting plans are offered via and e-mail. This support is offered 24 hours a day, seven (7) days a week. In the case of emergencies or natural disasters, SEL will provide support as soon as it is a reasonable time to do so.
3.02 SEL provides support for issues relating to the hosting of web sites created with FrontPage. For FrontPage programming support, please visit: http://support.microsoft.com/default.aspx?pr=fp2003
4.00 Cancellations and Billing
4.01 Setup Fees are nonrefundable.
4.02 This offer is only available for new accounts. The term shall be for either the lifetime of the individual or sixty (60) years, whichever length of time is shorter. Corporate entities, trusts, and organizations may not participate in this offer. If such a party signs up for this promotion, this offer will be null and void without any refund or credit due by SEL.
4.03 SEL reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not affect the then existing right and responsibilities of each party. Promotional offers and rates may not be combined.
4.04 To the extent that you qualify for any promotional rates or special offers from SEL, these terms and conditions may be modified by the terms and conditions of the promotion or special offer. In such a case, the terms and conditions of the promotion, to the extent they differ from the terms and conditions expressed herein, govern.
4.05 SEL may also charge you for additional Domain service fees and specifically reserves the right to institute additional charges upon notice to you. SEL reserves the right to alter, change, amend or delete charges at its sole discretion in accordance with new expenses. SEL further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
4.06 Payment for all products and services is due in advance, unless specifically stated otherwise in the offer or promotion pursuant to which you have ordered or are ordering the SEL services. All payments shall be made in United States Dollars.
4.07 Payment by Credit Card: prior to activation of your user account, and at any applicable time thereafter, you authorize SEL to charge the credit card provided by you for the amount of the fees due for the agreed upon services together with any applicable set-up charges, registration fees, or any other charges outlined herein as may be applicable. You further authorize SEL to charge your credit card for all subsequent period fees at, or a reasonable period in advance of, the commencement of any such subsequent period. Should you fail to provide credit card authorization to pay for the coverage, SEL, at its sole discretion will have the right to suspend your account and/or terminate it under section 4.08 hereof. Refusal or rejection of any charge or any portion thereof is grounds for account suspension and/or termination at the sole option of SEL under Article 16 herein.
4.08 The hosting services may be terminated by the following methods:
(a) by either party by giving the other party thirty (30) days prior written notice,
(b) by SEL in the event of non-payment by Customer,
(c) by SEL, at any time, without notice, if, in SEL's sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, or Customer's use of the services disrupts or, in SEL's sole and absolute discretion and/or judgment, could disrupt, SEL's business operations and/or
(d) by SEL upon verbal request by Customer if Customer provides satisfactory authorization and account verification.
(e) by SEL in accordance with other cancellation terms listed herein.
(f) by SEL if it is no longer in business or company assets have been sold.
(g) by SEL if it is determined, that the account is inactive for a period of six (6) months. Inactivity will be defined as non-use by the customer of SEL's hosting services.
4.09 If a customer cancels their hosting service prior to the end of Term:
(a) customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation,
(b) Refunds of service fees will be made under the initial 90 day period as per section 4.12. SEL may grant refunds under any other circumstance it deems appropriate without waiving any other rights hereunder. There will be no refunds of Domain service Fees. Fees paid for certain additional services, including but not limited to services for extra storage space, web mail tools or special groupware, are also not refundable.
4.10 If SEL cancels a customer's account prior to the end of the Term for the customer's breach of the Terms of Service and related agreements, the Customer's use of the services will disrupt and SEL shall not refund to customer any fees paid in advance of such cancellation with customer being obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, customer shall be obligated to pay 100% of all charges for all services for each month remaining in the Term.
4.11 Upon termination of a customer's account for any cause or reason whatsoever, neither party shall have any further rights or obligations under these terms of service, except as expressly set forth herein. Termination of a hosting Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which SEL may be entitled.
4.12 Should a customer decide to cancel an account within the initial 90 day period, the customer will receive a full refund of prepaid hosting fees, less any Domain registration fees that SEL has occurred to date as part of a promotion or separate charges. Any upgrade of the initial account by customer within the initial 90 day period will be considered a waiver of the money back guarantee and an acceptance of the then current rates and fees. SEL also considers that customers switching from any existing SEL package have already experienced the 90-day Money Back Guarantee. The renewal of the initial period is considered a waiver of the money back guarantee with each customer only being allowed to use the Money Back Guarantee once, and for only one account. Any customer whose account has been suspended or terminated due to the breach of any part of the SEL Terms of Services including but not limited to Section 4.07 and Section 6 has automatically forfeited the right to use the SEL Money Back Guarantee. To be considered valid, all money back guarantee requests must be e-mailed to billing@solucionenlinea.com within 90 days of the customer's account being signed up.
5.00 Content
5.01 SEL reserves the right to access and review its user's content, files, or web pages for any reason at its sole discretion.
5.02 SEL does not preview the content of its users and therefore all user content is provided "AS IS" and without warranty of any kind by SEL.
5.03 SEL does not endorse any content contained within it's user's pages.
5.04 SEL will cooperate with all law enforcement efforts pertaining or involving the use of SEL's user's web space, e-mail, and content. This may result in SEL disclosing all information given to SEL including but not limited to information contained in SEL's customer database records and servers.
6.00 Inappropriate Content
6.01 Transmission, distribution, sale or storage of any material in violation of any applicable law, regulation, ordinances, or these guidelines is prohibited. SEL reserves the rights to restrict or prohibit any and all uses of the services or content on your web site(s) and to remove such material from its servers that SEL determines in its sole discretion is harmful to its servers, systems, network, reputations, good will, other SEL Customers, or any third party.
6.02 The following non-exhaustive list details the kinds of illegal or harmful or misappropriate conduct that is prohibited under this agreement:
(a) nudity, pornography, anything of a sexual, lewd, indecent or of obscene nature.
(b) violations of any copyright or any other right of any third party, including, without limitation, material protected copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization.
(c) threatening, abusive, harassing, harmful, defamatory, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
(d) promotion of illegal activities (info on hacking, cracking, making illegal devices, etc).
(e) information, instructions, or software containing or about any kind of virus.
(f) hate speech or hate propaganda.
(g) content that links to content that violates SEL's Terms of Service in any way.
(h) misrepresentation of user's identity, or the impersonation of anyone, including SEL personnel.
(i) collection of personal information for illegal purposes.
(j) content that is deemed by SEL, in its sole discretion, to be harmful to SEL, another company or organization, or individual.
(k) solicitation or sale of any products or services that are harmful, illegal, dangerous, pornographic, or indecent.
(l) use of SEL servers or a link to SEL servers for spamming, bulk mail, web bombing, etc.
7.00 Export Violations and CISG
7.01 SEL does not permit the posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
7.02 The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this agreement.
8.00 Harmful Content
8.01 Disseminating or hosting harmful content including, without limitation, viruses, trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
9.00 Fraudulent Conduct
9.01 Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the services, including without limitation use of credit card numbers.
9.02 You agree not to make or attempt any unauthorized access to any SEL website or the website of any SEL customer.
10.00 Security Violations
10.01 Violations of SEL's or any third party's server, system or network security through the use of the services are prohibited, and may result in criminal and civil liability. SEL may investigate incidents involving such violations. SEL may involve and cooperate with law enforcement if a criminal violation is suspected. Any violation by Customer of SEL security will be considered grounds for cancellation under section 4.00.
Examples of server, system or network security violations include, without limitation, the following:
10.02 Example 1: Hacking. Unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.
10.03 Example 2: Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.
10.04 Example 3: Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
10.05 Example 4: Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header.
10.06 Example 5: Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the services such as timing out.
10.07 Example 6: Failure to Safeguard Accounts. Customer fails to prevent access to the accounts, including any account passwords.
11.00 Disallowed File Types
11.01 SEL does not permit the following file types: .cmd, and .bat.
12.00 User Name Restrictions
12.01 SEL user name restrictions are as follows:
(a) No vulgar or offensive language.
(b) No assumption of another person's identity.
(c) No use of a name that is an organization or entity other than your own.
(d) No use of a name that is trademarked, copyrighted, service marked, or violates the rights of another individual or organization.
13.00 Account Usage
13.01 Customer's selection of unlimited data transfer from their web Site, excludes transfer from any database server, RealMedia server, or other audio/video streaming servers. Customers may pay additional bandwidth fees for database server or RealMedia, or other audio/video streaming server transfers that exceed 10 GB, in the aggregate, during any calendar month. Customer agrees to design their websites in such a manner as to avoid overloading of SEL Servers, by limiting the use of code/applications that require overly high processor capacity, and to use good judgment to provide a website that is designed in a technically competent manner. SEL has the right, should the customer's website be the cause of interruptions in SEL's ability to provide its services to other customers, to temporarily disable access to the customer's website. In case SEL takes such a step, the customer will be informed thereof as soon as is practicable and SEL may work with customer to remove the condition that led to the suspension.
13.02 To protect the legitimate Internet use of our Customers across our system, SEL may immediately suspend service, without notice to any web site or Customer, for the following uses:
Customers may not,
(a) Use the web site to store web pages, files or data for other IP addresses or Domain Names, or as a repository for files, data or "warez group" download transfer, or
(b) Offer adult content.
13.03 SEL may immediately suspend service, without notice to any web site or Customer, any web site that in any manner adversely affects the operations or performance of other SEL customers. In the event of any dispute regarding the aforementioned rules, SEL may determine violations of these rules in its sole discretion.
13.04 Customers utilizing bandwidth, disk space or SQL usage in excess of current plan limitations, or in violation of these rules, will be subject to additional fees for the applicable rate for the excess bandwidth, disk space or SQL space.
13.05 Customer agrees to not collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for three years thereafter.
14.00 E-mail Communication
14.01 SEL users agree to:
(a) Maintain a current email address in the SEL database. Failure to notify SEL of an e-mail change could result in the termination of your SEL account.
(b) Receive emails about a product or service that might be of interest from an advertiser.
(c) Receive updates, offers, notifications and newsletters in email from SEL.
(d) Check all of their email accounts in regular intervals and to download the email stored therein in order to maintain an acceptable data-transfer volume. SEL may, should the capacity of your email boxes be exceeded at any time, return all subsequently received emails to the senders without notice to the customer.
14.02 Customer may not use SEL's mail server or another web site's mail server to relay mail without the express permission of the account holder or the web site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.
15.00 SPAM/Bulk Mail Policy
15.01 SEL users agree not to distribute, publish, or send any of the following types of e-mail:
(a) Unsolicited promotions, advertising or solicitations (commonly referred to as "spam"), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails.
(b) Harassing e-mail, whether through language, frequency, or size of messages.
(c) Chain letters.
(d) UCE (Unsolicited Commercial E-mail), Bulk E-mail, advertising or solicitations (commonly referred to as "spam"). SEL reserves the right to decide what it considers "spam", "UCE", "mail bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming will be immediately subject to a $250 cleanup/network abuse fee.
(e) Unsolicited postings to newsgroups advertising any URL (Domain) hosted by SEL.
(f) Promoting any software program, product, or service that facilitates the use of spam/bulk mail.
(g) E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.
15.02 Malicious e-mail, including without limitation "mail-bombing" (flooding a user or web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).
15.03 In addition, you may not use SEL's mail server or another Web site's mail server to relay mail without the express permission of the account holder or the Web site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.
16.00 Termination of Service
16.01 A partial list of the actions that may cause termination of account:
(a) Purposely circumventing the receiving of emails.
(b) Posting or providing links to content that violates these Terms of Service.
(c) Using an account that is not yours or is inactive.
(d) Sending unsolicited (bulk, spam) email from or referencing your space.
(e) Reproduction or use of another user's content without permission.
(f) Reproduction of any www.solucionenlinea.com content (CodeBank, Forum Messages, Articles).
(g) Invalid e-mail address for correspondence with SEL.
16.02 INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED VIOLATIONS OF THE TERMS OF SERVICE BY YOU.
17.00 Ownership of Intellectual Property and Confidentiality
17.01 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of SEL including but not limited to the SEL customer service tools. You acknowledge that all right and title to any such SEL intellectual property shall remain the sole property of SEL and that you have no right, title or interest therein. You further agree not to provide access to the SEL services to any third party. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the SEL services shall also remain the sole property of SEL.
17.02 During the term of this agreement you may have access to certain information and materials relating to the SEL business, customers, software technology and marketing which SEL treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of SEL; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
17.03 For purposes of this Article 17, Confidential Information also includes passwords and access codes.
18.00 Limitations of Liability
18.01 SEL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
18.02 SEL MAKES NO WARRANTY THAT (i) SEL WILL MEET YOUR REQUIREMENTS OR THAT, (ii) SEL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SEL IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SEL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SEL; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18.03 You agree to indemnify and hold SEL, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information or data you post on SEL your use of SEL, your violation of these Terms of Service, or your violation of any rights of another.
18.04 These Terms of Service constitute the entire agreement between you and SEL and govern your use of SEL, superseding any prior agreements between you and SEL. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Service and the relationship between you and SEL shall be governed by the laws of the Commonwealth of Virginia. You and SEL agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Virginia. The failure of SEL to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
19.00 Severability
19.01 If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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