Hosting Service Agreement
This is a contract between you ("you" or "your") and Purple Fish Hosting, Inc. ("Purple Fish Hosting"). It states the terms and conditions which apply to your purchase and use, in any manner, of the Purple Fish Hosting web hosting, e-mail and domain services (collectively, the "Services"), as described at http://www.Purple Fish HostingHosting.com (the "Site").
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY AND ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO. YOU ARE SOLELY RESPONSIBLE FOR USE OF THE SERVICES BY ANY OF YOUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ANY OTHER END USER OF THE SERVICES (COLLECTIVELY, THE "END-USERS"). YOU AGREE TO ENSURE THAT, END-USERS COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO.
Purple Fish Hosting reserves the right to change or modify this Agreement, and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to customers. Any changes or modification will be posted by Purple Fish Hosting, and become effective upon posting of the revisions on the Site. Purple Fish Hosting will post a notice of such changes or modifications on the Site for thirty (30) days. You are responsible for regularly reviewing the Site to obtain timely notice of such changes or modifications. Your continued use of the Services following Purple Fish Hosting's posting of any changes or modifications will constitute your acceptance of such changes or modifications.
IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY PROVIDE NOTICE OF TERMINATION OF THIS AGREEMENT IN ACCORDANCE WITH SECTION 1.1 BELOW.
1. Term and Payment for Services
1.1 Term and Termination. The Services provided will automatically renew at the end of their billing cycle (i.e. monthly, quarterly, yearly, etc…). Either party may terminate this Agreement, upon written notice, at any time. No credits shall be provided to you for the value of the Services between the date that you notify Purple Fish Hosting that you no longer wish to receive the Services and the actual termination date. Refunds of any remaining time will be provided in full month increments only.
1.2 Notice of Termination. You must provide Purple Fish Hosting with notice of termination in writing by e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. or by U.S. Mail to 2009 NW 3rd Ave, Wilton Manors, FL 33311. You shall provide Purple Fish Hosting with sufficient identification information so that Purple Fish Hosting may properly identify you and your account. Any notice of termination will be effective at the end of your current month's billing cycle.
1.3 Liability and Obligations on Termination. Should the Agreement expire or be terminated for any reason, Purple Fish Hosting will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of profits or sales (anticipated or actual), goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of this Agreement shall not relieve you of any obligations to pay fees and costs accrued prior to the termination date. Purple Fish Hosting shall not be obligated to notify any third party of the termination of your account or provide any termination assistance. Without limiting the generality of the foregoing, Purple Fish Hosting shall have no obligation to forward any email messages, data, information or other content related to your use of the Services, and you acknowledge that all such email messages, data, information and content may be immediately deleted by Purple Fish Hosting.
1.4 Charges. You agree to pay all fees and charges (and applicable taxes) incurred which relate to your use of the Services, in accordance with the rates, terms and conditions established from time to time by Purple Fish Hosting. Such rates, terms and conditions will be posted on the Site or otherwise made available to you by Purple Fish Hosting. Purple Fish Hosting shall begin charging you on the date that you subscribe for the Services, unless otherwise specified by Purple Fish Hosting. All prices on the Site are net of tax and you shall be responsible for the payment of all federal, provincial, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on Purple Fish Hosting's net income.
1.5 Payment. All charges for the Services must be paid in advance according to the then current price applicable to the Services. When ordering the Services through the sign-up server at the Site, you must elect to pay for the Services by credit card. Purple Fish Hosting reserves the right to modify the forms of payment it will accept, at any time, in its sole discretion.
1.6 Credit Card Payment. When you pay for the Services by credit card, you expressly authorize Purple Fish Hosting or its agents to charge all fees and charges incurred by you under this Agreement to such credit card, and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement. All accounts and services renew automatically based on your chosen billing cycle (i.e. monthly, quarterly, yearly) and your credit card will be charged accordingly. If you use a credit card and Purple Fish Hosting does not receive payment from the card issuer, you agree to pay all amounts due, upon demand by Purple Fish Hosting. You must notify Purple Fish Hosting of any changes to your credit card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Purple Fish Hosting from charging your account.
1.7 Failure to Pay. Accounts and services are considered 'delinquent' if there is an unpaid balance at the beginning of a new billing cycle. Delinquent accounts are subject to service deactivation. Access to delinquent or deactivated accounts is allowed upon payment of any past due balance. In the event that Purple Fish Hosting attempts to charge your credit card for Services, and payment is refused by the card issuer, Purple Fish Hosting will apply a service charge of US $3.00. In addition, your failure to fully pay any fees and applicable taxes within ten (10) days after the applicable due date will be deemed a material breach of this Agreement, justifying Purple Fish Hosting 's immediate suspension of its performance of the Services and/or termination of this Agreement. You are responsible for any fees associated with reinstating the Services. Any such termination would not relieve you from paying past due fees. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, legal fees, court costs and collection agency fees.
2. Use of Services
2.1 Responsibility for Use. You are responsible for use of the Services and the maintenance of all passwords related to the Services. You are solely responsible and liable for any and all activities that occur in respect of your use of the Services, including without limitation all activities of any users authorized by you or using your passwords. You are also responsible for maintaining the confidentiality of all passwords related to your use of the Services. You agree to immediately notify Purple Fish Hosting of any unauthorized use of the Services or your passwords or of any other breach of security and to provide assistance to Purple Fish Hosting, as requested, to stop, prevent or remedy any breach of security.
2.2 Applicable Policies and Agreements. The Hosting Acceptable Use Policy (the "Use Policy") governs the general policies and procedures for use of the Services. The Purple Fish Hosting Privacy Policy (the "Privacy Policy") describes how Purple Fish Hosting collects, stores, processes and uses information associated with your use of the Services. You hereby consent to the collection, use and disclosure by Purple Fish Hosting and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the Purple Fish Hosting Privacy Policy. The Domain Registration Agreement governs the use of domain names and applicable dispute resolution processes. All agreements and policies may be updated or amended from time-to-time.
2.3 Material and Product Requirements. You must ensure that all material and data placed on Purple Fish Hosting's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Purple Fish Hosting. Purple Fish Hosting will make no effort to validate any of this information for content, correctness or usability. In the event that your material is not "server-ready", Purple Fish Hosting has the option at any time to reject this material. Purple Fish Hosting will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of Purple Fish Hosting. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your web site. You must have the necessary knowledge to create and maintain a web site. It is not Purple Fish Hosting's responsibility to provide this knowledge or customer support.
2.4 CPU Usage. User agrees that User shall not use excessive amounts of CPU processing on any of Purple Fish Hosting's servers. Any violation of this policy may result in corrective action by Purple Fish Hosting, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Purple Fish Hosting's sole and absolute discretion. If Purple Fish Hosting takes any corrective action under this section, User shall not be entitled to a refund of any fees paid in advance prior to such action.
2.5 Bandwidth and Disk Usage. Purple Fish Hosting provides Users with bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in Purple Fish Hosting's web pages describing the package of Services purchased at the time of purchase. In some cases, Purple Fish Hosting may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Purple Fish Hosting reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. User agrees that such usage shall not exceed the amounts set by Purple Fish Hosting for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by Purple Fish Hosting as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with Purple Fish Hosting.
Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Purple Fish Hosting will monitor User's use of bandwidth, disk usage and other resources. Purple Fish Hosting, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in Purple Fish Hosting's sole and absolute discretion.
If Purple Fish Hosting takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User's Web site, User Content and/or User's electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States (or, if User is outside the United States, to points outside the User's national jurisdiction) in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If Purple Fish Hosting learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, Purple Fish Hosting may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail.
User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. Purple Fish Hosting will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but Purple Fish Hosting does not take responsibility if e-mail notification(s) is not received by the User. Purple Fish Hosting reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.
2.6 Domain Names. As part of the Services, you will provide Purple Fish Hosting with a registered domain name or names or Purple Fish Hosting will register such domain name(s) selected by you, provided that such domain name is available for registration and does not violate any registrar's policies, or any law or regulation. You agree to promptly reimburse Purple Fish Hosting for any fees paid by Purple Fish Hosting to any registrar with respect to the registration and maintenance of such domain name(s). In the event of any dispute or cause of action arising out of or related to your domain name used in connection with the Services, upon your request Purple Fish Hosting will attempt to register with the registrar an alternative domain name chosen by you. You agree to be bound by the terms the registrar's then current domain name policy and/or the policies of the national DNS registration authorities to which you become subject upon registration of a domain name. The inability to use a domain name shall not entitle you to a refund by Purple Fish Hosting of any fees paid with respect to the registration of such unusable domain name. There is no charge for indefinite parking of domains on Purple Fish Hosting servers or to transfer to another service provider. However, in the event a domain that was registered by Purple Fish Hosting is transferred to another service provider, and requires manual intervention by Purple Fish Hosting support staff to complete the transfer, there may be an administrative transfer cost charged for each domain plus applicable taxes. Domain Parking does NOT include any hosting services. You may not submit your own DNS entries because Purple Fish Hosting is NOT a Registrar and hosting services for domain names residing on the Purple Fish Hosting system must be provided by Purple Fish Hosting. Domain name payments are non-refundable. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal. Payment with respect to domain names will NOT be refunded or credited to your credit card. You are responsible for spelling a domain name correctly while registering it online. Purple Fish Hosting will not provide refunds or credits for misspelled domain names.
2.7 Miscellaneous Components. You acknowledge that the Services do not include, without limitation, content design, development, FTP master maintenance, uploading and publishing, Common Gateway Interface scripts and other such executables and that all of the foregoing are your responsibility. You may not compile or install binary files other than the ones provided by Purple Fish Hosting. Purple Fish Hosting does not make C compilers available and the PERL binaries provided will not have networking support (for example, socket ph, ftp.pl, etc.) You may use ftp to access your home directory for the purpose of installing and editing your web pages.
3. Intellectual Property Rights
3.1 PURPLE FISH HOSTING Property. You hereby acknowledge and agree that all programs (in object code and source code form), data, services, processes, designs, technologies, materials and all other things comprising the Services are owned by and shall remain the sole property of Purple Fish Hosting, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. Purple Fish Hosting shall also maintain and control ownership of all Internet protocol ("IP") numbers and e-mail addresses that may be assigned to you by Purple Fish Hosting. Purple Fish Hosting reserves, in its sole discretion, the right to change or remove any and all such IP numbers and e-mail addresses at any time.
3.2 Your Content. Purple Fish Hosting does not claim ownership of information, materials, software or other content (collectively, the "Content") that you post, upload, input, provide, submit or otherwise transmit to Purple Fish Hosting or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to Purple Fish Hosting or any third party, using the Services, you have thereby granted Purple Fish Hosting a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by Purple Fish Hosting for the purposes of rendering and operating the Services to you under this Agreement or to ensure adherence to or enforce the terms of this Agreement You expressly (a) grant to Purple Fish Hosting a license to cache the Content, and (b) agree that such caching is not an infringement of any of your rights or any third party's rights.
4. Enforcement
4.1 Investigation of Violations. Purple Fish Hosting may investigate any reported violation of this Agreement, its policies and guidelines or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its interests, including without limitation, its systems, servers, facilities, customers and/or third parties. Purple Fish Hosting will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.
4.2 Actions. Purple Fish Hosting reserves the right in its sole and absolute discretion to restrict or remove from its servers any content that it deems to be in violation of this Agreement, its policies or guidelines, third-party intellectual property rights or any laws. Purple Fish Hosting may immediately take action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Services, (c) restricting or prohibiting any and all uses of content hosted on Purple Fish Hosting 's systems, and/or ( d) disabling or removing: (i) any hypertext links to third-party web sites, (ii) any of your content distributed or made available for distribution via the Services, or (iii) other content not supplied by Purple Fish Hosting. It is Purple Fish Hosting 's policy to terminate Services to infringers. The above stated rights of action, however, do not obligate Purple Fish Hosting to monitor or exert editorial control over the information made available for distribution via the Services and you acknowledge that Purple Fish Hosting has no obligation to censor or monitor use of the Services by you, or any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services. In the event Purple Fish Hosting takes action due to such possible violation, Purple Fish Hosting shall not be obligated to refund to you any fees paid in advance of such action.
4.3 Disclosure Rights. To comply with applicable laws and lawful governmental requests, to protect Purple Fish Hosting 's systems and customers, or to ensure the integrity and operation of Purple Fish Hosting 's business and systems, Purple Fish Hosting may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP address and traffic information, usage history, and content residing on Purple Fish Hosting 's servers and systems. Purple Fish Hosting also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. To the extent any inconsistency exists between any terms of Purple Fish Hosting 's Privacy Policy and Purple Fish Hosting 's right to disclose under this section, Purple Fish Hosting 's right to disclose under this section will prevail.
5. Warranties and Disclaimers
5.1 Your Warranties and Representations to PURPLE FISH HOSTING. You warrant, represent, and covenant to Purple Fish Hosting that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for use of the Services; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party web sites; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your Content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your Content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
5.2 Warranty and Disclaimer. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PURPLE FISH HOSTING DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Although Purple Fish Hosting will use commercially reasonable measures to maintain the security of the Services, Purple Fish Hosting assumes no responsibility for the effectiveness of these security measures provided by Purple Fish Hosting.
6. Exclusion and Limitation of Liability
6.1 Exclusion of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL PURPLE FISH HOSTING, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE "PURPLE FISH HOSTING ENTITIES" AND EACH, A "PURPLE FISH HOSTING ENTITY") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE PURPLE FISH HOSTING ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH PURPLE FISH HOSTING'S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES.
6.2 Limitation of Liability. CIRCUMSTANCES MAY ARISE IN WHICH YOU ARE ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE PURPLE FISH HOSTING ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITY OF THE PURPLE FISH HOSTING ENTITIES FOR DAMAGES IS LIMITED TO THE LESSER OF (A) THE AMOUNT ACTUALLY PAID TO PURPLE FISH HOSTING BY YOU UNDER THIS AGREEMENT DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED OR (B) THE SUM OF ONE HUNDRED (US$100.00) US DOLLARS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY PURPLE FISH HOSTING HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE THE PURPLE FISH HOSTING ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS PARAGRAPH.
6.3 Interruption of Service. You hereby acknowledge and agree that Purple Fish Hosting and its suppliers will NOT be liable for any delay, outages or interruptions of the Services. Further, Purple Fish Hosting shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electrical electronic, communications or third-party supplier failure).
7. Indemnification
7.1 Indemnity to Purple Fish Hosting. You hereby release and hold harmless, and agree to indemnify, the Purple Fish Hosting Entities against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by the Purple Fish Hosting Entities, arising out of or relating to (a) your violation or breach of any term, condition, representation or warranty of this Agreement, or any applicable policy or guideline; (b) your use the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity).
7.2 Third Party Beneficiaries. You are hereby notified that the Purple Fish Hosting Entities are intended third-party beneficiaries of this Agreement, with a right of enforcement of the exclusions and limitations of liability and the indemnities contained in this Agreement.
8. General Provisions
8.1 Entire Agreement. This Agreement, including any domain registration agreements, documents, web sites, rules, terms, policies and guidelines referenced herein, constitutes the entire agreement between Purple Fish Hosting and you with respect to the matters referred to in this Agreement and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between Purple Fish Hosting and you with respect to such matters.
8.2 No Waiver. The failure of Purple Fish Hosting to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Purple Fish Hosting nor trade practice shall act to modify any provision of this Agreement.
8.3 Severability. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of you and Purple Fish Hosting, and the remainder of this Agreement shall remain in full force and effect.
8.4 Choice of Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without reference to rules governing choice of laws and the federal laws of the United States applicable therein. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the State of Florida and the federal courts situated in the State of Florida in connection with any matter arising under this Agreement. Use of the Services in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph, is prohibited.
8.5 Successor Sites. All references to Purple Fish Hosting web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web site(s).
8.6 Assignment. Purple Fish Hosting may at any time assign its rights and obligations under this Agreement, in whole or in part, without notice to you. You may not assign this Agreement.
8.7 Enurement. This Agreement will ensure to the benefit of and bind you and Purple Fish Hosting and its respective personal and legal representatives, successors and permitted assigns.
8.8 Currency. All monetary amounts expressed in this Agreement are in US dollars, unless otherwise expressly stated.
8.9 Cumulative Rights. The rights, powers and remedies of Purple Fish Hosting in this Agreement, including without limitation the right to suspend, restrict or terminate Services, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to Purple Fish Hosting at law or in equity.
8.10 Survival. Any provisions, including without limitation the disclaimers of warranty and limitations and exclusions of liability contained herein, that by their meaning are intended to survive termination of this Agreement shall survive the termination of this Agreement.
8.11 Independent Contractors. You agree that no joint venture, partnership, employment or agency relationship exists between Purple Fish Hosting and you as a result of this Agreement or use of the Services.
8.12 Headings. The section headings in this Agreement are for convenience only and have no legal or contractual effect.
8.13 Notices. Any notices or other communications sent by Purple Fish Hosting to you shall be deemed to have been duly given and delivered to you when delivered by email to the account specified by you when first ordering the Services. Any notices or other communications sent by you to Purple Fish Hosting shall be deemed to have been duly given and delivered to Purple Fish Hosting when delivered by e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. or by U.S. Mail to 2009 NW 3rd Ave, Wilton Manors, FL 33311.