TeamSupreme services permit subscribers to host and make available content over the Internet. Although TeamSupreme does not affirmatively screen subscriber content, TeamSupreme does not tolerate infringing material on its equipment, and may remove content that appears to infringe any copyright or other intellectual property rights. If you believe that your copyright in any material has been infringed on a site hosted on TeamSupreme's equipment or through its services, please send a "DMCA Notice" described below to TeamSupreme's Copyright Agent for Notice of Claims of Copyright Infringement. Once we receive a complete DMCA Notice, we will then evaluate your notice and take such action as is appropriate under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512 et seq. Federal law requires your DMCA Notice to include the following information:
Please note that TeamSupreme, in its sole discretion, may terminate the account of any subscriber about whom TeamSupreme receives more than one complaint of copyright infringement. Counter notification to Claimed Copyright Infringement
If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with our Designated Agent. The counter notification must provide the following information:
In the event that one or more provisions of the Terms shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in the Terms, which shall remain valid and enforceable.
The following are terms of a legal agreement between you and TeamSupreme, Inc. (hereinafter referred to as "TeamSupreme"). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by TeamSupreme from its offices within the United States. TeamSupreme makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Kansas.User Restrictions
The copyright in all material provided on this Site is held by TeamSupreme or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of TeamSupreme or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without TeamSupreme's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.U.S. Government Restricted Rights
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of TeamSupreme's proprietary rights in them. A partial list of U.S. Trademarks owned by TeamSupreme, TeamSupreme Communications Company L.P., and/or TSI Computer Corporation follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of one of the aforementioned parties should be referred to TeamSupreme at 305-418-7462. The Trademarks followed by an asterisk (*) are registered trademarks of Dell. The Trademarks followed by a One (1) are registered trademarks of TeamSupreme Communications Company L.P.Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL TEAMSUPREME BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF TEAMSUPREME OR A TEAMSUPREME AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.Our Transmissions
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by TeamSupreme or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to TeamSupreme will be handled in accordance with TeamSupreme's Online Privacy Statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.Term of Use Revisions
TeamSupreme respects the privacy of every individual who visits our Web sites, responds to our interactive advertisements or sends us e-mail. This Privacy Statement outlines the information TeamSupreme will collect and how we will use that information. This Statement will also instruct you on what to do if you do not want your personal information collected or shared when you visit TeamSupreme Web sites, respond to our Web-based advertisements or send us email.II. Security
All order forms on TeamSupreme.com utilize a Secure Socket Layer (SSL) or Secure Electronic Transaction (SET) protocol to provide "secure sessions" for our visitors. Through the "secure session," information that you input into a TeamSupreme.com order form will be sent and will arrive privately and unaltered at a TeamSupreme server. This security prohibits other companies and Web users from being able to access your information.III. Personally-Identifiable Information
TeamSupreme will not collect any personally-identifiable information about you (that is, your name, address, telephone number, or email address) unless you provide it to us voluntarily.
The following are some examples of when TeamSupreme may require that you provide personally-identifiable information:
When you do provide us with personally-identifiable information, we may use that information in the following ways, unless stated otherwise:
TeamSupreme has no intention of collecting any personally-identifiable information (that is, name, address, telephone number, or email address) from individuals under 18 years of age. Where appropriate, TeamSupreme will specifically instruct children not to submit such information on our Web sites or advertisements without consent of a parent or guardian. If a child has provided us with personally-identifiable information without the consent of a parent or guardian, a parent or guardian of that child should contact us at the email address listed at the bottom of this Statement if they would like this information deleted from our records. We will use reasonable efforts to delete the child's information from our existing files.V. Non-Personally-Identifiable Information Collected Automatically
In some cases, we may collect information about you that is not personally-identifiable. Examples of this type of information include the type of Internet Browser you are using, the type of computer operating system you are using, and the domain name of the Web site and/or Internet Service Provider from which you linked to our site or advertisement.
When you view one of our Web sites or advertisements, we may store some information on your computer. This information will be in the form of a "Cookie" or similar file and will be used to determine ways to improve our Web sites, advertisements, products or services. For example, Cookies allow us to tailor a Web site to better match your interests and preferences. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. Please refer to your Browser instructions or help screen to learn more about these functions.VII. Declining Email Offers
As outlined in Section III. of this Statement, we will only send email promotions or announcements to you if you have previously provided your permission for us to do so via the ordering process or via our Email subscription center. Although many customers tell us they appreciate receiving notice of these carefully designed promotions and announcements, we recognize the importance of providing you with choices. If you have signed up via our subscription center, you may unsubscribe by filling out our simple online unsubscription form. If you are an existing customer that opted in to receive notices from TeamSupreme and would like to be opted out from future notifications, please see section VIII on Who to contact.VIII. Who to Contact
If you have submitted personally-identifiable information through a TeamSupreme Web site or interactive advertisement, and would like that information deleted from our records, please contact us at our email address, customerservice@TeamSupreme.com. We will use reasonable efforts to delete this information from our existing files.
These TeamSupreme Acceptable Usage Policy ("Acceptable Usage Policy") describe the proper kinds of conduct and prohibited uses of TeamSupreme's hosting services (the "Services"), as described and subscribed to pursuant to the Hosting Agreement posted at www.TeamSupreme.com (the "Hosting Agreement"). These Acceptable Usage Policy are not exhaustive and TeamSupreme reserves the right to modify these Acceptable Usage Policy at any time, effective upon posting of the modified Acceptable Usage Policy to www.TeamSupreme.com. By registering for and using the Services, and thereby accepting the terms and conditions of the Hosting Agreement, you agree to abide by these Acceptable Usage Policy as modified from time to time. Any violation of these Acceptable Usage Policy may result in the suspension or termination of your account or such other action as TeamSupreme deems appropriate, which is described further in the Hosting Agreement.1. YOUR GENERAL RESPONSIBILITIES
The Services enable you to develop and display a Web site through which you can interact with users of the Internet and retrieve and send vast amounts of information. Generally, TeamSupreme will not actively monitor, censor, or directly control any content that is or will be displayed on your Web site(s) or information that you collect or use through your Web site(s). TeamSupreme, however, provides the Services with the goals of (a) ensuring security, reliability and privacy of the Services and the users of the Services, (b) maintaining an image and reputation of TeamSupreme as a responsible provider of the Services, (c) preserving the value of Internet resources as a conduit for free expression, (d) encouraging the responsible use of Internet resources and discouraging degrading, libelous or illegal uses of such resources. Consequently, TeamSupreme expects you, and all other users of the Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette, in furtherance of the above stated goals.
VIOLATION OF ANY OF THESE GUIDELINES IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM TEAMSUPREME ACCORDING TO THE HOSTING AGREEMENT. YOU WILL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS TEAMSUPREME'S POLICY TO TERMINATE REPEAT INFRINGERS.2. ILLEGAL OR HARMFUL USE
You may use the Services only for lawful purposes. Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, or these Acceptable Usage Policy is prohibited. The following non-exhaustive list details the kinds of illegal or harmful conduct are prohibited. TeamSupreme 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 materials from its servers, that TeamSupreme determines in its sole discretion is harmful to its servers, systems, network, reputation, good will, other TeamSupreme customers, or any third party.
Infringement. Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
Offensive Materials. Transmission, disseminating, sale, storage or hosting material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
Export Violations. 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.
Harmful Content. 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.
Fraudulent Conduct. 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.3. SYSTEM AND NETWORK SECURITY AND INTEGRITY
Violations of TeamSupreme'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. TeamSupreme may investigate incidents involving such violations. TeamSupreme 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:
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.
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.
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.
Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out.
Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.4. E-MAIL
You may not distribute, publish, or send any of the following types of e-mail: 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.
Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form.
Harassing e-mail, whether through language, frequency, or size of messages.
Malicious e-mail, including without limitation "mailbombing" (flooding a user or Web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).
E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.
In addition, you may not use TeamSupreme'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.5. 99.9% UPTIME GUARANTEE
(a) Coverage These TeamSupreme Acceptable Use And Service Guidelines apply to you if you have registered for either Shared Hosting Services or Dedicated Hosting Services (collectively, the "Service") and you are in good financial standing with TeamSupreme.
(b) Service Level
TeamSupreme endeavors to have the content of your Web site available for http access by third parties 99.9% of the time ("Web Site Availability").
In the event that there is no Web Site Availability, TeamSupreme will credit the following month's service fee as follows. For Shared Hosting services, such credit will be retroactive and will be as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.
Customer Web Site Availability Credit
95% to 99.8% 25%
90% to 94.9% 50%
89.9% or below 100%
For Dedicated Hosting services, if the Web Site Availability is between 98.9% and 99.9% for any particular month, the credit will be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for Dedicated Hosting services, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed fifty percent (50%) of the monthly service charge for the affected month.
Minutes of continuous downtime Credit
Three 60 minute intervals or more 50%
In order for you to receive a credit on your account, you must request such credit within seven (7) business days after you experienced no Web Site Availability. You must request credit by sending an electronic mail message to support@TeamSupreme.com. For security, the body of this message must contain your account number, the dates and times of the unavailability of your Web site, and such other customer identification requested by TeamSupreme. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account will be your sole and exclusive remedy in the event that there is no Web Site Availability.
Credits will not be provided to you in the event that you have no Web Site Availability resulting from (i) scheduled maintenance as posted from time to time at TeamSupreme.com, (ii) your behavior or the performance or failure of your equipment, facilities or applications, or (iii) circumstances beyond TeamSupreme's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web site.6. NEXT BUSINESS DAY GUARANTEED PROVISIONING FOR DEDICATED SERVERS
TeamSupreme's Next Business Day Guarantee will only apply to those standard, pre-configured Dedicated Servers specifically noted as subject to the Next Business Day Guarantee on the TeamSupreme.com web site ("Covered Servers"). This guarantee does not apply to non-standard configurations, such as changing RAID levels, and other add-on features. TeamSupreme retains the right to add or delete Dedicated Servers from the Next Business Day Guarantee, at any time without notice, or cancel the Next Business Day Guarantee at any time without notice.
For those Covered Servers described in (a) above, TeamSupreme will Provision such servers by the Next Business Day of receiving a customer order, once such customer order has been confirmed and any necessary credit checks have been performed. Next Business Day will mean that, for those customer orders for Covered Servers received and confirmed (including any necessary credit checks) by 6:00 p.m. United States Eastern Time during a Business Day, the Covered Server will be Provisioned by 6:00 p.m. United States Eastern Time the following Business Day. Business Day will mean Monday through Friday, excluding the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. Provision will mean that TeamSupreme has generated an E-mail to the customer with the proper information to enable the customer to send and receive information from and to the Covered Server.
If TeamSupreme is unable to meet the Next Business Day Guarantee as described in this Section 6, TeamSupreme will issue a credit or refund of One Hundred Dollars ($100.00) of the Set-up fee described for the Covered Server on TeamSupreme.com. Such credit may be applied to future months service fees in TeamSupreme's discretion.
Credits will not be provided to you in the event that you do not have your Covered Server Provisioned by the Next Business Day resulting from (i) your behavior or the performance or failure of your equipment, facilities or applications, or (ii) circumstances beyond TeamSupreme's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web site.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE ACCEPTABLE USAGE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED VIOLATIONS OF THE ACCEPTABLE USAGE POLICY BY YOU.
If you want to report any violations of these Acceptable Usage Policy, please contact abuse@TeamSupreme.com.
Welcome to Team Supreme, This Hosting Agreement ("Agreement") governs your purchase and use of all Web site hosting services, including the Dedicated Hosting Services and the Shared Hosting Services (collectively, the "Services"), as described in the Order Form, that you order and Team Supreme Inc. ("Team Supreme") accepts. The Shared Hosting Services include the E-Commerce Services. You must register and accept the terms of this Agreement in order to use the Services. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, AND /OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. Team Supreme may modify any of the terms and conditions contained in this Agreement and any policy or guideline incorporated by reference, at any time in its sole discretion and may also determine whether and when the modifications apply to existing or future customers. Any modifications are effective upon posting of the revisions on the Team Supreme Web site (the "Site"). Team Supreme will post a notice of modifications to this Agreement on the Site for 30 days. Team Supreme may post modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Team Supreme's posting of any modifications constitutes your acceptance of the modifications. IF YOU DO NOT AGREE TO THIS AGREEMENT'S TERMS DO NOT CLICK THE "I ACCEPT" BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY TEAM SUPREME OF YOUR TERMINATION OF THIS AGREEMENT IN THE MANNER DESCRIBED IN SECTION 1.2 BELOW.
1. Term and Payment for Services
2. Use of Services
3. Intellectual Property Rights
5. Disclaimed Warranties Team Supreme exercises no control over, and accepts no responsibility for, the content of the information passing through Team Supreme's host computers, network hubs and points of presence, or the Internet. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, TEAM SUPREME DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
6. Limitation and Exclusion of Liability
7. Indemnification You release and hold harmless, and agree to indemnify, Team Supreme and its affiliates and suppliers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by Team Supreme or its suppliers, 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 improper or illegal use the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including defamation, libel, violation of privacy or publicity).
8. MISCELLANEOUS PROVISIONS
WEB DESIGN SERVICE AGREEMENT
THIS WEB DESIGN SERVICE AGREEMENT ("AGREEMENT") IS ENTERED INTO BETWEEN TEAM SUPREME COMMUNICATIONS COMPANY L.P. ("TEAM SUPREME") AND THE PERSON OR ENTITY THAT CLICKS ON THE "ACCEPT" BUTTON BELOW ("CUSTOMER"). TEAM SUPREME IS WILLING TO ENTER INTO THIS AGREEMENT ONLY ON THE CONDITION THAT CUSTOMER PAYS THE APPROPRIATE FEES AND ACCEPTS ALL OF THE TERMS IN THIS AGREEMENT.
PLEASE READ THE TERMS CAREFULLY BEFORE CLICKING ON THE "ACCEPT" BUTTON. BY CLICKING ON THE "ACCEPT" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT.
IF YOU DO NOT AGREE TO ALL THESE TERMS, TEAM SUPREME IS UNWILLING TO ENTER INTO THIS AGREEMENT, AND YOU SHOULD CLICK ON THE "DO NOT ACCEPT" BUTTON TO DISCONTINUE THIS PROCESS.
Team Supreme provides website design and development services via the Internet and other platforms (the "Services") through Team Supreme's Internet website (the "Website"). Customer will use the Services in accordance with this Agreement and as Team Supreme request. Hosting Services are provided by Team Supreme in accordance with the Hosting Agreement found at www.Team Supreme.com. Team Supreme is willing to provide Customer with the Services as set forth below. The parties agree as follows:
1. PROVISION OF SERVICES; LICENSE.
(a) If Customer pays Team Supreme the fees set forth in the order summary, Team Supreme will provide Customer with the Services ordered and the website Team Supreme creates ("Deliverable") as described in the order summary under this Agreement's terms and conditions.
(b) Team Supreme grants to Customer a limited, personal, non-exclusive, non-transferable license to use the Deliverables set forth in the Customer order summary.
(c) This is a license, not a transfer of title, and is subject to the following restrictions: Customer may not (1) modify the Deliverables except with the tools incorporated into the Deliverables; (2) use Deliverables for any third party commercial purpose; (3) decompile, reverse engineer, or disassemble software Deliverables; (4) remove any copyright or other proprietary notices from the Deliverables; or (5) transfer the Deliverables to another person. Customer will prevent any unauthorized copying of the Deliverables.
(d) With respect to any Team Supreme logos and hypertext link logos provided with the Deliverables, Team Supreme grants Customer a non-assignable, non-exclusive, royalty free license solely to use the logos or link logo as a hypertext link icon to allow users to link from Customer's web page to the Team Supreme web pages, based on the following terms and conditions:
1.1 Customer acknowledges the validity and Team Supreme's and Team SupremeComputer Company's exclusive ownership of all right, title, and interest in and to all Team Supreme, Team Supreme, and Team Supremelogos and link logo marks (the "Marks") and, during or after the term of this Agreement, will not contest, or help others to contest, the ownership or the validity of any registrations or rights of Team Supreme, Team Supreme, or Team Supremenow owned or obtained relating to the Marks.
1.2 Customer will not use any names, marks, terms, graphics, or other materials on its Web page or site that are likely to cause confusion with or dilute the distinctiveness of the Marks or to damage the reputation or commercial image of Team Supreme, Team Supreme or Team Supremeor any of their products.
1.3 Team Supreme, in its sole discretion, may terminate this license immediately for any reason. Upon termination of this license, Customer will immediately cease all further use of the Marks, or any other similar mark, name or logo, including any name or mark comprising the term "Team Supreme" or "Dell."
Team Supreme and its suppliers will retain all title to and ownership of the Deliverables. Deliverables are copyrighted and are protected by worldwide copyright laws and treaty provisions. Except as provided in this Agreement, the Deliverables may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Team Supreme's prior written permission. Except as expressly provided in this Agreement, Team Supreme does not grant any express or implied right to Customer under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to Customer by Team Supreme in writing or incorporated elsewhere in the Deliverables.
3. TEAM SUPREME OBLIGATIONS.
Except for initial edits made before final delivery, Team Supreme is not obligated to correct any bugs, defects or errors in the Services or Deliverables or to otherwise support or maintain the Services or Deliverables. Team Supreme will provide reasonable technical support to Customer in the form of telephone consulting and "e-mail" to Customer during Team Supreme's normal business hours and at Team Supreme's standard pricing.
4. TERM AND TERMINATION.
(a) This Agreement is effective on the date Customer accepts the terms of this Agreement and will continue unless terminated under Section 4(b).
(b) Customer may terminate this Agreement without cause upon notice to Team Supreme. Team Supreme may terminate this Agreement after 5 days' written notice to Customer if Customer materially breaches this Agreement, including failure to pay and failure to cure the breach during the 5-day period.
(c) Upon the termination of this Agreement, Customer will return to Team Supreme all copies of any Deliverables Team Supreme provided to it. Sections 1(c) 2, 5, 4 and 6 will survive termination of this Agreement.
5. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.
(a) THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, WHICH TEAM SUPREME DISCLAIMS.
(b) TEAM SUPREME IS NOT LIABLE FOR: (1) ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR (2) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF TEAM SUPREME HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. TEAM SUPREME'S LIABILITY WILL NOT EXCEED THE AMOUNT CUSTOMER PAID TO TEAM SUPREME DURING THE 3-MONTH PERIOD BEFORE THE ACTION AROSE. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND ABSENT SUCH LIMITATIONS TEAM SUPREME WOULD NOT ENTER INTO THIS AGREEMENT.
This Agreement will be governed solely by the laws of the State of Kansas, excluding its principles of conflicts of laws. Any action under or relating to this Agreement will be brought solely in the state and federal courts located in Johnson County, Kansas and each party submits to the personal jurisdiction of these Courts. Each party's performance under this Agreement will in all respects conform to all applicable laws, rules and regulations of the United States governing the export of technical information. Customer may not assign this Agreement without the prior, written permission of Team Supreme. Any purported assignment will be void and without any effect. This Agreement may not be modified or amended except in writing, signed by both parties. Any purported oral modification or amendment of this Agreement will not be effective. Neither party may waive any right under this Agreement, except expressly and in writing. Any other purported waiver of any right will not be effective. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes all prior and contemporaneous discussions, negotiations, communications and agreements with respect to this subject matter.