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