WarningNews Network Services
Terms Of Service
This information on this page is provided as the
Current and Potential End-User (The Client)'s Terms Of Services.
These Terms are defined by WarningNews Network Services (WarningNews Network Services) and
dictact the methods by which WarningNews Network Services and The Client interact.
The terms and conditions set forth herein constitute a full and complete
agreement between The Client and WarningNews Network Services. By using the
WarningNews Network Services website, servers, and/or services, The Client agrees to and
are bound by the Terms of this Agreement. The terms contained herein
supersede and replace any other agreement or negotiation between The Client
and WarningNews Network Services, whether oral, written, or otherwise, including any
statements made to The Client by any representative of WarningNews Network Services
at any time. Any amendments, changes, additions, deletions, or other
modifications of this agreement are void unless express in writing and agreed to
by WarningNews Network Services. Upon such amendments, changes, additions, deletions,
or modifications of this agreement, The Client will be notified by
WarningNews Network Services and the new Terms Of Services deemed effective.
1. Fees, Payment Of Fees, Refunds
1.1. Fees
1.1.1.
WarningNews Network Services
charges account setup fees and services to-be rendered fees. All such fees
are subject to change with thirty (30) days notice. A list of current fees
is available on the WarningNews Network Services website (WarningNews Network Services.).
Unless otherwise specified in any offer or promotion, the fees published on the
WarningNews Network Services website are applicable to all transactions between The
Client and WarningNews Network Services. The contact between The Client and
WarningNews Network Services is effective from the earlier of (1) Account Activation or (2)
Receipt of Confirmation / Payment regarding the Order.
1.1.2.
WarningNews Network Services
reserves the right to offer subsequent promotional rates which may, or may not,
be more favorable than the terms under which The Client entered into
agreement. Any such promotional rates shall not effect the then existing
rights and/or responsibilities of each party. WarningNews Network Services reserves
the right to change the rate charged for any such fee under this agreement with
thirty (30) days notice. Promotional offers and/or rates may not be
combined.
1.1.3.
WarningNews Network Services
charges a non-refundable setup-fee as well as periodic service fees which, in
some cases, may be refundable, as further set forth herein. Depending on
the services ordered from WarningNews Network Services, WarningNews Network Services specifically
reserves the right to institute additional charges upon notice to The Client.
WarningNews Network Services reserves the right to alter, change, amend, or delete charges
at its sole discretion. WarningNews Network Services further reserves the right to
institute new services and charge fees in association with the provisioning of
such new services as it seems appropriate.
1.1.4.
WarningNews Network Services
charges services adjustment fees based on the service(s) The Client
selects. These fees include, but are not limited to, bandwidth consumption
and space usage exceeding that outlined in the contact, usage of services not
included in the contract, and modification of services on the contract.
These fees will be outlined, in full, and such outline will be sent to The
Client for reference and payment.
1.1.5. Accounts marked
overdue by WarningNews Network Services are subject to additional charges, applicable as
soon as the first overdue billing period. Accounts overdue will have the
following terms and late fees:
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All overdue accounts are subject to
potential account suspension as of the first overdue billing period.
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Payments more than one day, but less than
seven days, are subject to a 20% late charge.
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Payments more than seven days, but less than
30 days, are subject to a 35% late charge.
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Any account Suspended for Late Payment or
Failure To Pay will be subject to a 25% re-activation charge.
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Any account over 30 days overdue is subject
to termination.
Notifications of accounts that are past-due will
be provided by WarningNews Network Services to The Client via the Automated Invoice
System. Automated Electronic Invoicing will include Section 1.1.5.
of the WarningNews Network Services Terms Of Service.
1.2. Payment Of Fees
1.2.1. Payment of fees
only be made in bank transfer. Payments utilizing such services
are subject to additional processing fees (administration fee, transfer fee, etc).
Payments made through Bank Transfer should be made out and transferred to the following account. Please
confirm your payment with SMS to +6281807018273 or email to support@warningnews.com so that WarningNews Network Services
may properly activate your account.
Acc. Holder: Kalpin Erlangga Silaen
Bank Name: Bank Mandiri KC Sudirman, Jakarta
Acc No.: 102-00-0437211-3
+6281807018273
1.2.2. Payment for all
products and services are due in advance, unless specifically stated otherwise
in the offer or promotion pursuant to which The Client ordered or is
ordering. All payments shall be made in Indonesia Rupiah (IDR).
1.3. Refunds of
service fees will be made only for pre-payment sales of service beyond the
renewal date following the effective notice and termination of this agreement,
as outlined under Section 8.1.. All refunds shall be prorate
based on the number of days which services remains unused as of the renewal
date. WarningNews Network Services may grant refunds under other circumstances as it
deems appropriate without waiving any other rights hereunder. There will
be no refunds of setup fees, service adjustment fees, or domain purchasing fees.
2. Web Hosting Services
2.1. For the term of
the agreement set forth herein, WarningNews Network Services agrees to provide the outlined
WarningNews Network Services services, to the extent that have been subscribed, to The
Client, upon activation of the account. WarningNews Network Services reserves the
right to change, amend, and/or otherwise alter the WarningNews Network Services services
with equivalent or otherwise equal services without prior notice to The
Client.
2.2. Account
activation and provisioning of the WarningNews Network Services services will commence as
soon as possible after receipt of The Client's order and payment.
Payments made through physical transactions, such as those made through the
Postal Services, are subject to a ten (10) day waiting period in which payment
clearance will be determined.
3. Applicable Use Policy
3.1. WarningNews Network Services
strictly enforces complaince with its Acceptable Use Policy.
This policy is references as both the WarningNews Network Services Acceptable Use
Policy, as well as Section 3. of the Terms Of Service. The
Client agrees to maintain all services rendered in full compliance with the
terms set forth below. Failure to comply is cause for immediate suspension
and/or termination of the account under Section XIII of the Terms Of
Service. The Client agrees to:
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Not violate the laws, regulations,
ordinances, or other such requirements of any applicable Federal, State, or
Local Government.
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Not engage in activity of any kind that
causes harm to minors, or to perform in activity which is likely to cause
such harm.
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Not take any action which encourages or
consists of any threat or harm of any kind to any person or property.
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Not transmit any unsolicited commercial or
bulk e-mail, or engage in any action known or considered to be "spamming",
"e-mail bombing", "denial of service" (DoS), or "distributed denial
of service" (DDoS) attacks on any website, person, or internet
service provider.
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Not make any inappropriate, illegal, or
otherwise prohibited communication to any newsgroup, mailing list, chat
facility, or other internet forum.
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Not make, or attempt to make, any
unauthorized access to any WarningNews Network Services product or service, including
that of other Clients.
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Not make, or attempt to make,
any unauthorized access to any non-WarningNews Network Services managed system.
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Not infringe on any copyright,
trademark, patent, trade secret, or other proprietary rights of any third
party, including, but not limited to, the unauthorized copying of
copyrighted materials, the digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted works.
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Not collect, or attempt to
collect, personally identifiable information on any person or entity without
their expressed written consent. Such written consent should be
maintained on record throughout the terms of this agreement and for a
minimum of three years thereafter.
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Not undertake any action which
is harmful, or potentially harmful, to the WarningNews Network Services servers or
network infrastructure.
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Not operate any commercial or
personal website with erotic content unless such is outlined in the account
contract.
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Not operate any connections to
any Internet Relay Chat (IRC) location unless outlined in the account
contact.
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Not operate any server, Internet
Relay Chat Deamon, Radio, etc., unless outlined specifically in the account
selected by The Client prior to account activation.
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Not bind any portion of their
site to certain ports such as:
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Any port below 1024
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Ports 6660-6669 (Unless
specified on account)
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Ports 7000-7050 (Unless
specified on account)
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Ports 8000 and 8080 (Unless
specified on account
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Not operate any port scanners,
sniffers, or any other utility designed to gather information deemed
inappropriate. Operation of such application will result in immediate
termination of the account.
3.2. The Client agrees
to design their websites in such a manner as to avoid overloading the WarningNews Network Services
servers by limiting the use of certain cgi-scripts that require overly high
processor capacity and using good judgment to provide a website that is designed
in a technically competent manner. WarningNews Network Services reserves the right, should a
website be the cause of interruptions in WarningNews Network Services ability to provide services
to other customers, to temporarily disable access to any such website. In
such cases, WarningNews Network Services will notify the Client as soon as practical in an attempt
to resolve the issue leading to the suspension.
3.3. The Client agrees
not to operate any chat rooms, chat servers, or other similar services, on the
WarningNews Network Services servers unless permission for such operation was specifically included
in the service package ordered and paid for by The Client. Clients needing
to inquire about such accounts may contact to support@warningnews.com.
4. Blocking of Bulk E-mail,
Spam Tagging, and Virus Protection
4.1. WarningNews Network Services reserves
the right to block e-mail from any open mail relay, IP Address, or other source
that WarningNews Network Services believes are being used to send unsolicited commercial or bulk
e-mail, commonly known as spam.
4.2. WarningNews Network Services uses
applications designed to scan incoming, as well as outgoing, e-mail. These
applications are designed to add mail headers for tagging, modify the mail
subject, and completely block certain e-mails, based on the content.
E-mail identified as "Spam" is tagged with certain headers and occasionally a
modified subject (depending on the rating). E-mail identified as a Virus
will be automatically removed from the server.
5. Ownership of Intellectual
Property, Confidentiality
5.1. It is understood
and agreed that during the term of this agreement, and thereafter, a Client may
come into possession of information which is confidential and proprietary
information of WarningNews Network Services. Such information includes, but is not limited
to, WarningNews Network Services customer services and maintenance tools. The Client acknowledges that all right and title to any such
WarningNews Network Services intellectual
property shall remain the sole property of WarningNews Network Services, and that The Client
has no
right, title, or interest therein. The Client further agrees not to
provide access to the WarningNews Network Services services to any third party, unless outlined in
the account contract. Any and all right or title to any engineering,
coding, programming, customer service work around, and/or other modification of
the WarningNews Network Services services shall also remain the sole property of WarningNews Network Services.
5.2. During the term of
this agreement, The Client may have access to certain information and materials
relating to WarningNews Network Services, Clients, and Marketing, which WarningNews Network Services
treats at
Confidential (hereinafter "Confidential-Information"). The Client agrees
to, at all times during the terms of this agreement and otherwise set herein:
(1) Hold in confidence and not disclose or reveal to any person or entity the
Confidential-Information without having prior expressed written consent of
WarningNews Network Services; and (2) Not use or disclose any of the Confidential-Information for
any purpose at any time, other than pursuant to The Clients 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 three (3) years following termination of this
Agreement with respect to Confidential-Information which does not rise to the
level of a trade secret.
5.3. For the purpose of
this, Article 5, Confidential-Information also includes passwords, login names,
access codes, contact information, and server-specific information for WarningNews Network Services
and its staff.
6. Domain Name Registration
6.1. Any domains purchased by WarningNews Network Services, be it for
The Client or for WarningNews Network Services use, are purchased by WarningNews Network Services. Domains purchased
by The Client and hosted at WarningNews Network Services are not subject to the below declarations.
6.1.1. Domains
purchased for The Client via our "Unlisted Registration" remain the intellectual
property of The Client though registered to WarningNews Network Services. Transfer of such
domain to The Client upon Client request is available at no
additional charge from WarningNews Network Services. Charges from external Domain Name
Registrars may apply.
6.1.2. Any domain
purchased by WarningNews Network Services for WarningNews Network Services use in which a Client utilizes the domain
will remain the intellectual property of WarningNews Network Services. Transfer of any such
domain to a Client is subject to WarningNews Network Services administration discretion and may
incur additional charges.
7. Terms
7.1. The initial term of
the Standard Agreement shall be one (1) month unless otherwise outlined during
account creation. Automatic Invoicing will notify customer prior to
payment due date, as well as for any past-due dates. Unless otherwise
outlined, the Term shall be one (1) month. Customers interested in such services should contact
to support@warningnews.com. Late payments are subject to Late
Payment Fees as outlined in Article 1.1.5. WarningNews Network Services reserves the right to
accept pre-payment. The Contract-Term, however, shall remain at one (1)
month unless otherwise outlined in the contract.
8. Termination
8.1. For any reason set
forth herein or in the event that a Client shall breach any term of this
Agreement, including, but not limited to Article 1.2 (Payment of Fees) and
Article 3 (Acceptable Use), WarningNews Network Services may suspend and/or terminate the account
and deactivate any access The Client, or users accessing The Clients
website or
service, to any information contained on the WarningNews Network Services servers related to the
account. Suspension hereunder shall specifically include disabling of the
Client hosted domain(s), account logins, and/or any other access to information
or data related to the Client Account. Service charges will continue to
accrue on suspended accounts and the Client will remain responsible for the
payment of such charges during the period of suspension. WarningNews Network Services
reserves the right to terminate any Client account forthwith and without notice
for any breach of Article 3 of this Agreement.
8.2. This Agreement and
all of its terms shall remain in full force and effect until terminated.
Termination shall include the removal of any and all of the Client data, except
that outlined in the Privacy Policy, from the WarningNews Network Services servers. Such
information and/or data may or may not be made available to The Client by
WarningNews Network Services after any such termination. This Agreement may be terminated
either (1) after a period of suspension as defined in Section 8.1; or (2) by
either party upon a thirty (30) day notice in advance of a renewal period for
any reason, in which case the Agreement shall terminate at the end of the term
ending after the thirty (30) days in which termination notice is received by the
non-terminating party.
8.3. Either party may
terminate this Agreement immediate and without further notice for cause.
Cause for immediate termination under Section 7 exists (a) if payment for
WarningNews Network Services services is more than fifteen (15) days overdue, (b) in case of any
material breach of any of the provisions of this Agreement that is not cured
within ten (10) days of the breaching party receiving notice thereof from the
non-breaching party, or (c) any breach of provisions of Article 3 of this
Agreement.
8.4. In the event of any
termination under this, Article 8, any service fees paid in advanced beyond the
beginning of the next term will be refunded to The Client. This refund
shall not include any setup fees, service adjustment fees, or late fees, all of
which are non-refundable.
9. Notice
9.1. Any notice under
this Agreement shall be given by WarningNews Network Services to The Client via e-mail at the
address provided to WarningNews Network Services at the time of commencement with this Agreement,
or as WarningNews Network Services is subsequently advised. Notice to The Client at this
address is deemed sufficient regardless of the receipt of such e-mail.
9.2. The Client warrants
that the contact information provided to WarningNews Network Services is, and will remain,
accurate. The Client agrees to inform WarningNews Network Services within fifteen (15) days
of any change of the following information:
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Name
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Company Name
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Postal Mailing Address
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Electronic Mailing Address
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Payment System Processing
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Other Electronic
References
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Account Types & Services
10. Warrantees, Limitations
of Liability
10.1. WarningNews Network Services makes
every reasonable effort to maintain operation of the WarningNews Network Services servers and
services. However, because many events and circumstances are beyond that
of the of WarningNews Network Services, WarningNews Network Services does not in any way warrant or otherwise
guarantee the availability of the WarningNews Network Services systems or services and is not
responsible for any delay or loss of data, lack of connection, slow connection,
or any other such issues whether due to active or passive negligence of
WarningNews Network Services. WarningNews Network Services may, at it's sole discretion, limit or deny access to
its servers if, in judgment of WarningNews Network Services, such limitations or denials of access
are required to assure the security of the servers, network, integrity of the
network structure, or to prevent damage to the network, software, or data stored
on WarningNews Network Services servers.
10.2. All WarningNews Network Services
Services are provided on an "As-Is" basis and without any warranty of any kind,
whether expressed or implied, including, but without limitation, any implied
warranty of merchantability, or fitness for a particular purpose.
10.3. Information
obtained by a Client from the Internet may be inaccurate, offensive, or in some
cases, even illegal. With the exception of the content found on the
WarningNews Network Services Business Website, WarningNews Network Services has no control over information contained
on the Internet. WarningNews Network Services, therefore, accepts no responsibility for any
information which a Client may receive from the Internet. Clients accept
full responsibility to verify the truth and accuracy, legality and ownership of
the information it obtains from the Internet, as well as the reputation of the
individuals with whom it may deal. WarningNews Network Services provides no warrantee for any
goods or services which a Client obtains over the Internet, nor the
compatibility of such services with the WarningNews Network Services Servers.
10.4. Clients
specifically waive any claim for damages of any kind, whether direct, indirect,
special, exemplary, punitive, incidental, or consequential, loss of profits or
loss of business as the result of any action taken in response to any claim of
copyright infringement without regard to whether or not the material claimed to
have been infringed is later found to be infringing.
10.5. The total, sole,
and exclusive remedy available to a Client as the result of any breach of this
Agreement, negligence, or any action or failure to act whether intentional or
otherwise, shall be limited to the total amount of service fees paid by a Client
to WarningNews Network Services in the six months immediately proceeding any allegation of
entitlement to such remedy, but in no event to exceed Rp. 1.000.000,-. In no even
shall WarningNews Network Services be liable for any indirect, special, exemplary, punitive,
incidental, or consequential damages, loss of profits or loss of business as a
result of any such action or inaction without regard to the likelihood of such
damages.
11. Data Transfer Volume
11.1. Unless otherwise
agreed to in writing, a data-transfer volume of two-thousand (2000) Megabytes
per month is included in the WarningNews Network Services Services. The utilized
data-transfer volume is calculated on the basis of all data-transfers that take
place during any given calendar month (including, but not limited to, ftp,
e-mail sending, e-mail receiving, website visits, user visitations). For
the purpose of this Agreement, one (1) Gigabyte equals 1000 Megabytes, 1
Megabyte equals 1000 Kilobytes, and 1 Kilobyte equal 1000 Bytes.
12. Indemnity
12.1. Clients agree to
fully defend, indemnify, and hold harmless WarningNews Network Services of and from any and all
third party claims, causes of action, demands, costs, damages (direct and
indirect), specifically including attorney fees and costs, expert fees and
costs, and mediation and/or arbitration fees and costs incurred (whether paid or
not) as a result of any breach or claim of breach in this Agreement or Client
negligence whether active or passive or any negligence of WarningNews Network Services in any way
related to The Clients cause of WarningNews Network Services services or any portion thereof.
Choice of counsel remains exclusively that of WarningNews Network Services.
12.2. Clients agree to
fully defend, indemnify, and hold harmless WarningNews Network Services of and from any and all
third party claims, causes of action, demands, costs, damages (direct and
indirect), specifically including attorney fees and costs, expert fees and
costs, and mediation and/or arbitration fees and costs incurred (whether paid or
not) as the result of any violation or claimed violation of any copyright or
other intellectual property right of any third party which is in any way related
to a Clients use of WarningNews Network Services services or any portion thereof. Choice of
counsel remains exclusively that of WarningNews Network Services.
12.3. Clients agree,
upon the assignment of a Customer ID, Login, and/or Password, to maintain the
confidentiality of the account information and assume all responsibility of and
from any loss, theft, or other destruction of any data as the result of any
access to the account via the use of The Client Customer ID, Login, and/or
Password. The Clients further agree to defend, indemnify, and hold harmless
WarningNews Network Services of and from any and all third party claims, causes of action, costs,
demands (direct and indirect), specifically including attorney fees and costs,
expert fees and costs, and mediation and/or arbitration fees and costs incurred
(whether paid or not) as the result of any claim for damages in any way related
to the discloser of the Clients confidential Customer ID, Login, and/or Password
information. Choice of counsel remains exclusively that of WarningNews Network Services.
13. General Provisions
13.1. Force Majeure /
Withdrawal From Business
13.1.1. Either party to
this agreement shall be excused from any delay or failure in performance
hereunder caused by reason of any occurrence or contingency beyond its
reasonable control, including, but not limited to, acts of God, earthquake,
labor disputes and strikes, riots, war, and governmental requirements. The
obligations and rights of the party so excused shall be extended on a day-to-day
basis for the period of time equal to that of the underlying cause of the delay.
13.1.2. In addition to
any event of force majeure, as described in the foregoing paragraph, WarningNews Network Services
may also terminate this Agreement in the event that WarningNews Network Services elects, at its
sole discretion, to cease doing business in the United States for economic
reasons or for any reason whatsoever. Customers who, at the time WarningNews Network Services
ceases doing business in the United States, are taking advantage of any
WarningNews Network Services offer for free services or other services that were intended to go
beyond the date of cessation (hereinafter the "Extended-Services"), may not
recover any damages from WarningNews Network Services in the event that they incur costs and
expenses related to the cessation of the Extended-Services, nor do such
customers have, nor may they bring, any claim for repayment of such costs and
expenses, including without limitation, fees paid to other hosting services for
the balance of time remaining with respect to any WarningNews Network Services offer of
Extended-Services. Customers receiving Extended-Services at the time of
cessation of business shall be entitled to a reimbursement of their pre-paid
service fees, if any.
13.2. Assignment.
This Agreement and the rights hereunder is not assignable or transferable except
that WarningNews Network Services may freely assign all of its rights hereunder to any person or
entity who shall become a principle owner or shareholder, or to any affiliated
company or successor in the interest of WarningNews Network Services. Any other attempted
transfer or assignment of rights hereunder shall be null and void ab initio.
Upon any such assignment by WarningNews Network Services to any other party, including to any
affiliated company or successor in the interest of WarningNews Network Services, Clients
have the
right to terminate this Agreement by giving notice thereof in writing to
WarningNews Network Services. Any such termination shall become effective thirty (30) days
after the receipt of such notice by WarningNews Network Services.
13.3. Severability.
If any term, clause, or provision hereof is held invalid or unenforceable by a
court of competent jurisdiction, such invalidity shall not affect the validity
or operation of any other term, clause, or provision and such invalid term,
clause or provision shall be deemed to be severed from the Agreement.
13.5. Dispute Resolution
13.5.1. This section
shall not be constructed to prohibit either party from seeking preliminary or
permanent injunctive relief in any court of competent jurisdiction; however, the
arbitrator hearing the dispute to which the injunction pertains will have the
power to modify or dissolve any such injunction, or to order additional
injunctive relief, in connection with the final arbitration award. The
parties, there representatives, other participants, and the mediator and
arbitrator shall hold the existence, content, and result of any mediation and
arbitration in confidence except to the extent necessary to enforce a final
settlement agreement or to obtain and secure enforcement of or a judgment on the
arbitration decision and award.
13.6. No Agency.
Nothing contained herein shall be interpreted as creating an agency,
partnership, or join venture between WarningNews Network Services and The Client.
13.7. Amendment.
WarningNews Network Services may, without advanced notice, amend this Agreement from time to time,
and will do so by posting the new Agreement on the WarningNews Network Services Business Website in
place of the old. Each and every such amendment shall become effective
immediately for all pre-existing and future accounts. It is the Clients
responsibility to periodically check the WarningNews Network Services website for updates to this
Agreement.
13.8. Virtual Hosting
Company reserves the right to deny providing access and/or services to any user,
group, or entity at it's sole discretion.
Questions concerning the
WarningNews Network Services Terms Of Service may be directed to support@warningnews.com.
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