This Is How To Dot Com. ("Thisishowto.com") is the
leading comprehensive hosting solutions provider to middle market
companies. This Services Agreement ("Agreement") governs your purchase
and use, in any manner, of all services provided by Thisishowto.com and
any of its affiliates (the "Services").
You must accept the terms of this Agreement in
order to use the Services.
NOTWITHSTANDING, BY USING THE SERVICES, YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE
USE POLICIES INCORPORATED BY REFERENCE.
Thisishowto.com reserves the right to change or
modify any of the terms and conditions contained in this Agreement,
any Addendums and any policy or guideline incorporated by reference at
any time and from time to time in its sole discretion, and to
determine whether and when any such changes apply to both existing or
future customers. Any changes or modification will be effective upon
posting of the revisions on the Thisishowto.com Web site (the "Site").
Your continued use of Services following Thisishowto.com posting of
any changes or modifications will constitute your acceptance of such
changes or modifications.
1. Term and Payment
for Services
1.1. Term This Agreement shall be for an
"Initial Term" as chosen by you in the Order Form located on this Site
at the time you register for the Services. This Agreement will be
automatically renewed (the "Renewal Term") at the end of the Initial
Term for the same period as the Initial Term unless you provide
Thisishowto.com with notice of termination thirty (30) days prior to
the end of the Initial Term or the Renewal Term. You must provide
Thisishowto.com with your notice of termination by clicking on the
"Cancel Service" button located on the Site or as otherwise provided
by this Agreement. Upon clicking on the "Cancel Service" button, you
will be asked to provide Thisishowto.com with sufficient customer
identification information so that Thisishowto.com may properly identify
you and your account. Any notice of termination will be effective
following thirty (30) days after Thisishowto.com receipt thereof.
1.2. Termination Policy If you
terminate your receipt of the Services prior to the end of the Initial
Term or the Renewal Term, whichever is then applicable, (a)
Thisishowto.com will not refund to you any fees paid in advance of
such termination and (b) you shall be required to pay 100% of
Thisishowto.com's standard monthly charge for each month remaining in
the term, unless otherwise expressly provided in this Agreement.
Notwithstanding the foregoing, if you terminate your receipt of Shared
Hosting Services prior to the end of the first thirty (30) days of the
Initial Term, you are entitled to a refund of the fees you paid in
advance for the monthly Services, not including any set-up fees. Your
termination request or notice must be submitted to Thisishowto.com in
the manner described in Section 1.1. Thisishowto.com may terminate
this Agreement at any time and for any reason by providing to you
written notice thirty (30) days prior to the date of termination. If
Thisishowto.com terminates this Agreement, Thisishowto.com will refund
to you the pro-rata portion of pre-paid fees attributable to Services
(excluding set-up fees) not yet rendered as of the termination date
unless otherwise expressly provided in this Agreement.
1.3 Default and Cure In the event
that either party hereto defaults in the performance of any of its
material duties or obligations under this Agreement, including failure
to make any payments due under this Agreement, and such default is not
cured within five (5) days after written notice is given to the
defaulting party specifying the default, then the party not in
default, after given written notice thereof to the defaulting party,
may terminate this Agreement. If a check payment is returned for any
reason there will be a $20 charge.
1.4. Charges You agree to pay for all
charges attributable to your use of the Services at the then current
Thisishowto.com prices, which shall be exclusive of any applicable
taxes. You are responsible for the payment of all federal, state, and
local sales, use, value added, excise, duty and any other taxes
assessed with respect to the Services, other than taxes based on
Thisishowto.com's net income.
1.5. Payment All charges for
Hosting Services
must be paid in advance according to the then current prices
applicable to the Services. Contracted Services are designated terms
per contract and will be handled on a per contract basis. Upon entering this Agreement, you must
choose to pay either by direct charge to a credit or debit card, or
receive an invoice and submit subsequent payment. If you choose to pay
by credit or debit card upon registering for the Services, you thereby
authorize Thisishowto.com to charge your credit or debit card to pay
for any charges that may apply to your account. You agree that
Thisishowto.com may accumulate any supplemental charges, incurred by
you in your use of the Services ("Supplemental Charges") until such
charges exceed $20 and then charge your account. You must notify
Thisishowto.com of any changes to your card account (including,
without limitation, applicable account number or cancellation or
expiration of the account), your billing address, or any information
that may prohibit Thisishowto.com from charging your account. If you
choose to be invoiced upon registration for Services, Thisishowto.com
will invoice you for the Services applicable to the period for which
you have registered for the Services. Thisishowto.com may also create
periodic invoices for any applicable Supplemental Charges associated
with your use of the Services. Thisishowto.com will send you a
statement reflecting the accumulated invoices. You agree to pay to
Thisishowto.com the amount indicated in each invoice by the due date
reflected on that invoice. If you fail to pay any fees and taxes by
the applicable due date for credit card or invoice payments, late
charges of the lesser of one and one-half per cent (1.5%) per month or
the maximum allowable under applicable law but at no time less than
$15 shall also become payable by you to Thisishowto.com. In addition,
your failure to fully pay any fees and taxes within five (5) days
after the applicable due date will be deemed a material breach of this
Agreement, and Thisishowto.com may, in addition to any other remedy it
may have: (i) suspend its performance of the Services and/or terminate
this Agreement; and/or (ii) take possession and ownership of any of
your property (including any and all intellectual property) in
Thisishowto.com's possession at the time of such non-payment and
liquidate such property in any reasonable manner in partial or full
satisfaction of any unpaid amounts. You agree to sign any documents to
facilitate such a transfer of your property and, in the event that
Thisishowto.com is unable for any reason to secure your signature to
any document required for such transfer, you hereby irrevocably
designate and appoint Thisishowto.com and its authorized officers and
agents as your agent and attorney-in-fact to act on your behalf to
execute such documents. Any such suspension or termination of the
Services would not relieve you from paying past due fees plus
interest. In the event of collection enforcement, you will be liable
for any costs associated with such collection, including, without
limitation, reasonable attorneys' fees, court costs and collection
agency fees. All charges are considered valid unless disputed in
writing with sixty(60) days of the billing date. Adjustments will not
be made for charges that are over 60 days old. Delinquent accounts may
be suspended or cancelled at Thisishowto.com's sole discretion;
however charges will continue to accrue until the account is
cancelled.
2. Use of Services
2.1. Applicable Use Policy The
Thisishowto.com Acceptable Use Policy (the "Usage Policy") govern the
general policies and procedures for use of the Services. The Usage
Policy is posted on Thisishowto.com's Web site (or such other location
as Thisishowto.com may specify) and may be updated from time-to-time.
YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU
AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY
MODIFICATIONS. Thisishowto.com RESERVES THE RIGHT TO TERMINATE YOUR
ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.
2.2. Material and Product Requirements
Unless we have agreed otherwise in a separate agreement, you must
ensure that all material and data placed on Thisishowto.com's
equipment is in a condition that is "server-ready," which is in a form
requiring no additional manipulation by Thisishowto.com.
Thisishowto.com will make no effort to validate any of this
information for content, correctness or usability. If your material is
not "server-ready", Thisishowto.com has the option at any time to
reject this material. Thisishowto.com will notify you of its refusal
of the material and afford you the opportunity to amend or modify the
material to satisfy the needs and/or requirements of Thisishowto.com.
Use of the Services requires a certain level of knowledge in the use
of Internet languages, protocols and software. This level of knowledge
varies depending on the anticipated use and desired content of your
Web site. You must have the necessary knowledge to create and maintain
a Web site. It is not Thisishowto.com's responsibility to provide this
knowledge or customer support outside of the Services agreed to by you
and Thisishowto.com.
2.3. Bandwidth and Storage Usage You
agree that use of the Services under this Agreement will not exceed
the bandwidth and storage usage limits set out. If you use any
bandwidth or storage space in excess of the agreed upon number of
megabytes per month, you agree to pay the associated additional
charges.
3. Enforcement
3.1. Investigation of Violations Thisishowto.com
may investigate any reported or suspected violation of this Agreement,
its policies or any complaints and take any action that it deems
appropriate and reasonable under the circumstance to protect its
systems, facilities, customers and/or third parties. Thisishowto.com
will not access or review the contents of any e-mail or similar stored
electronic communications except as required or permitted by
applicable law or legal process.
3.2. Actions Thisishowto.com reserves
the right and has absolute discretion to restrict or remove from its
servers any content that violates this Agreement or related policies
or guidelines, or is otherwise objectionable or potentially infringing
on any third party's rights or potentially in violation of any laws.
If we become aware of any possible violation by you of this Agreement,
any related policies or guidelines, third party rights or laws,
Thisishowto.com may immediately take corrective action, including, but
not limited to, (a) issuing warnings, (b) suspending or terminating
the Service, (c) restricting or prohibiting any and all uses of
content hosted on Thisishowto.com's systems, and/or (d) disabling or
removing any hypertext links to third party Web sites, any of your
content distributed or made available for distribution via the
Services, or other content not supplied by Thisishowto.com which, in
Thisishowto.com's sole discretion, may violate or infringe any law or
third-party rights or which otherwise exposes or potentially exposes
Thisishowto.com to civil or criminal liability or public ridicule. It
is Thisishowto.com's policy to terminate repeat infringers.
Thisishowto.com's right to take corrective action, however, does not
obligate us to monitor or exert editorial control over the information
made available for distribution via the Services. If Thisishowto.com
takes corrective action due to such possible violation,
Thisishowto.com shall not be obligated to refund to you any fees paid
in advance of such corrective action.
3.3. Disclosure Rights To
comply with applicable laws and lawful governmental requests, to
protect Thisishowto.com's systems and customers, or to ensure the
integrity and operation of Thisishowto.com's business and systems,
Thisishowto.com may access and disclose any information it considers
necessary or appropriate, including, without limitation, user profile
information (i.e., name, e-mail address, etc.), IP addressing and
traffic information, usage history, and content residing on
Thisishowto.com's servers and systems. Thisishowto.com also reserves
the right to report any activity that it suspects violates any law or
regulation to appropriate law enforcement officials, regulators, or
other appropriate third parties.
4. Intellectual
Property Rights
4.1. Your License Grant to Thisishowto.com
You hereby grant to Thisishowto.com a non-exclusive,
worldwide, and royalty-free license for the Initial Term and any
Renewal Term to use your content as necessary for the purposes of
rendering and operating the Services to you under this Agreement. You
expressly (a) grant to Thisishowto.com a license to cache materials
distributed or made available for distribution via the Services,
including content supplied by third parties, and (b) agree that such
caching is not an infringement of any of your intellectual property
rights or any third party's intellectual property rights.
4.2. Thisishowto.com Materials and Intellectual Property
All materials, including but not limited to any
computer software (in object code and source code form), data or
information developed or provided by Thisishowto.com or its suppliers
or agents pursuant to this Agreement, and any know-how, methodologies,
equipment, or processes used by Thisishowto.com to provide the
Services to you, including, without limitation, all copyrights,
trademarks, patents, trade secrets and other proprietary rights are
and will remain the sole and exclusive property of Thisishowto.com or
its suppliers, including but not limited to any software programs,
inventions, products and/or technology innovations and methodologies
utilized, developed, or disclosed by Thisishowto.com during the term of
this Agreement. Unauthorized copying, reverse engineering,
decompiling, and creating derivative works based on the any such
software is expressly forbidden except as permitted in this Agreement.
You may be held legally responsible for violation of any patent
rights, copyright or trade secret rights that is caused or encouraged
by failure to abide by the terms of this Agreement.
4.3. Trademarks You hereby grant to
Thisishowto.com a limited right to use your trademarks, if any, for
the limited purpose of permitting Thisishowto.com to fulfill its
duties under this Agreement. This is not a trademark license and no
other rights relating to the trademarks are granted by this Agreement.
Specifically, but without limitation, the rights granted by this
Agreement do not include the right to sublicense use of your
trademarks or to use your trademarks with any other products or
services outside the scope of the Services provided under this
Agreement. The limited trademark use rights granted under this section
terminate upon termination of this Agreement.
5. Warranty;
Warranty Disclaimer
5.1. Customer and/or Third Party Acts
Thisishowto.com is not responsible in any manner for any nonconforming
Services to the extent caused by you or your customers. In addition,
Thisishowto.com is not responsible for loss or corruption of data in
transmission, or for failure to send or receive data due to events
beyond Thisishowto.com's reasonable control.
5.2. No Express or Implied Warranty
ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY THISISHOWTO.COM UNDER
THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN
FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT
THISISHOWTO.COM
EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE
CONTENT OF THE INFORMATION PASSING THROUGH THISISHOWTO.COM'S
COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET.
THISISHOWTO.COM DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES
NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE
SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS
AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE
OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO
COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY
PROVIDED IN THIS AGREEMENT, THISISHOWTO.COM DOES NOT MAKE AND HEREBY
DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS
OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY
WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR
TRADEMARK INFRINGEMENT.
5.3 Your Warranties and Representations to Thisishowto.com
You warrant, represent, and covenant to Thisishowto.com
that (a) you are at least eighteen (18) years of age or are a duly
organized and validly existing entity; (b) you possess the legal right
and ability to enter into this Agreement; (c) you will use the
Services only for lawful purposes and in accordance with this
Agreement and all applicable policies and guidelines; (d) you will be
financially responsible for the use of your account; (e) you have
acquired or will acquire all authorization(s) necessary for hypertext
links to third-party Web sites or other content; (f) you have verified
or will verify the accuracy of materials distributed or made available
for distribution via the Services, including, without limitation, your
content, descriptive claims, warranties, guarantees, nature of
business, and address where business is conducted, and (g) your
content and/or any software that you install or provide does not and
will not infringe or violate any right of any third party (including
any intellectual property rights) or violate any applicable law,
regulation or ordinance.
6.
Limitation and Exclusion of Liability
6.1. Limitations IN NO EVENT SHALL
THISISHOWTO.COM HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED
ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO
THISISHOWTO.COM, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA
THE SERVICES. THISISHOWTO.COM SHALL HAVE NO LIABILITY UNDER THIS
AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF THISISHOWTO.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE
LIABILITY OF THISISHOWTO.COM TO YOU FOR ANY REASON AND UPON ANY CAUSE
OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO
THISISHOWTO.COM BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30)
DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS
LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE,
INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER
TORTS. THE FEES FOR THE SERVICES SET BY THISISHOWTO.COM UNDER THIS
AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION
OF RISK. ACCORDINGLY, YOU HEREBY RELEASE THISISHOWTO.COM FROM ANY AND
ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION
STATED IN THIS SECTION 6.1. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT
PERMITTED BY LAW.
6.2. Interruption of Service You
hereby acknowledge and agree that Thisishowto.com will not be liable
for any temporary delay, outages or interruptions of the Services.
Further, Thisishowto.com shall not be liable for any delay or failure
to perform its obligations under this Agreement, where such delay or
failure results from any act of God or other cause beyond its
reasonable control (including, without limitation, any mechanical,
electronic, communications or third-party supplier failure).
6.3. Maintenance You hereby
acknowledge and agree that Thisishowto.com reserves the right to
temporarily suspend services for the purposes of maintaining,
repairing, or upgrading its systems and network. Thisishowto.com will
use best efforts to notify you of pending maintenance however at no
time is under any obligation to inform you of such maintenance.
7. Indemnification
You will defend, indemnify and hold harmless
Thisishowto.com and its officers, directors, shareholders, employees,
consultants, agents, affiliates and suppliers (an "Indemnitee") from
any and all threatened or actual claims, demands, causes of action,
suits, proceedings (formal or informal), losses, damages, fines,
penalties, liabilities, costs and expenses of any nature, including
attorneys' fees and court costs, sustained or incurred by or asserted
against any Indemnitee by any person, firm, corporation, governmental
authority, partnership or other entity by reason of or arising out of
or relating to: (i) your violation or breach of any term, condition,
representation or warranty of this Agreement or any applicable policy
or guideline; (ii) your conduct, including but not limited to your
negligence, gross negligence, or willful misconduct; (iii) your use of
the Services, including any improper or illegal uses; (iv) any claim
by a former employee of yours whose employment has been or may be
terminated in connection with or as a result of the execution of this
Agreement and performance of the Services by Thisishowto.com; or (v)
any claim relating to your services or products, or your installation
and/or use of any third-party software, including but not limited to
advertising, product liability claims or infringement of any
trademark, copyright, patent, trade secrets or non-proprietary right
of a third party (including, without limitation, defamation, libel, or
violation of privacy or publicity).
8. Miscellaneous
8.1 Confidentiality The parties each
agree that all Confidential Information (as defined below)
communicated to it by the other is done so in confidence and will be
used only for the purposes of this Agreement and will not be used to
compete with the other party or disclosed to any third party without
the prior written consent of the other party except as permitted under
this Agreement. "Confidential Information" means all information in
any form, including, without limitation, printed or verbal
communications and information stored in printed, optical or
electromagnetic format, which relates to the Services; or computer,
data processing or electronic commerce programs and software;
electronic data processing applications, routines, subroutines,
techniques or systems; information which incorporates or is based upon
proprietary information of either party; or information concerning
business or financial affairs, product pricing, financial conditions
or strategies, marketing, technical systems of either party; or any
information concerning customers or vendors of either party; or any
data exchange between a party and any customers or vendors. Exceptions
to Confidential Information include (1) information in the public
domain; (2) information developed independently by a party without
reference to information disclosed under this Agreement; or (3)
information received from a third party without restriction and/or
breach of this or a similar Agreement. It is not a violation of this
provision to disclose Confidential Information in compliance with any
legal, accounting or regulatory requirement beyond the control of
either Party or, but in such case, prior to disclosure, the disclosing
Party shall give written notice to the other Party to permit that
Party an opportunity to challenge such disclosure. If either Party is
subpoenaed, such Party shall give written notice to the other Party to
permit that Party an opportunity to challenge the disclosure of
Confidential Information. Upon the termination of this Agreement and
upon written request of the disclosing Party, each Party shall
promptly return all Confidential Information of the other Party. This
provision shall survive the termination of this Agreement for two (2)
years.
8.2. Notices All notices, reports,
requests, or other communications given pursuant to this Agreement
shall be made in writing, shall be delivered by hand delivery,
overnight courier service, fax, or electronic mail, shall be deemed to
have been duly given when delivered.
8.3. Choice of Law and Forum
THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND
THE STATE OF FLORIDA, WITHOUT REFERENCE TO RULES GOVERNING CHOICE
OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE
FEDERAL OR STATE COURTS LOCATED IN FLORIDA, AND YOU IRREVOCABLY
CONSENT TO THE JURISDICTION OF SUCH COURTS.
8.4. Entire Agreement This Agreement
and all policies and guidelines incorporated in this Agreement by
reference constitutes the entire Agreement of the parties and may not
be modified or altered orally but only by an agreement in writing
signed by both parties.
8.5. No Fiduciary Relationship; No Third‑Party
Beneficiaries Thisishowto.com is not the agent,
fiduciary, trustee or other representative of you. Nothing expressed
or mentioned in or implied from this Agreement is intended or shall be
construed to give to any person other than the parties hereto any
legal or equitable right, remedy or claim under or in respect to this
Agreement. This Agreement and all of the representations, warranties,
covenants, conditions and provisions hereof are intended to be and are
for the sole and exclusive benefit of the parties hereto.
8.6. Assignments You may not transfer
or assign your rights, duties, or obligations under this Agreement
without Thisishowto.com's prior written consent. Thisishowto.com may
assign its rights and obligations under this Agreement and may utilize
affiliate and/or agents in performing its duties and exercising its
rights under this Agreement, without your consent. Subject to that
restriction, this Agreement will be binding on, inure to the benefit
of, and be enforceable against the parties and their respective
successors and assignees.
8.7. No Waiver Thisishowto.com's
failure to enforce the strict performance of any provision of this
Agreement will not constitute a waiver of Thisishowto.com's right to
subsequently enforce such provision or any other provisions under this
Agreement.
8.8. Severability If any
provision of this Agreement is deemed illegal, invalid, void or
otherwise unenforceable in whole or in part, that provision shall be
severed or shall be enforced only to the extent legally permitted, and
the remainder of the provision and the Agreement shall remain in full
force and effect. If any provision of this Agreement is deemed to be
invalid, void or unenforceable only with respect to a particular
application, such term or provision shall remain in full force and
effect with respect to all other applications.
8.9. Survival All provisions of
this Agreement relating to your warranties, intellectual property
rights, limitation and exclusion of liability, your indemnification
obligations and payment obligations shall survive the termination or
expiration of this Agreement.
9. Microsoft Products
To the extent your use of Services provided by
Thisishowto.com involves any use of Microsoft Software Products
("Software Products"), you shall be subject to the terms of this
Agreement.
9.1. You shall not remove,
modify or obscure any copyright, trademark or other proprietary rights
notices that appear on the Software Products or that appear during use
of the Software Products;
9.2. You shall not reverse
engineer, decompile or disassemble the Software Products, except and
only to the extent that such activity is expressly permitted by
applicable law;
9.3. Neither Thisishowto.com
nor Microsoft, to the extent permitted by law, warrant the performance
of the Software Products. Neither Thisishowto.com nor Microsoft shall
have any liability for any damages, whether direct, indirect or
consequential, arising from the use of the Software Products;
9.4. Microsoft does not
provide any support services related to the use of the Software
Products;
9.5. If you resell the use of
the Software Products, you may not allow your customers or clients to
resell or in anyway redistribute use of the Software Products. You
shall assume all liability for, and hold Thisishowto.com harmless
from, any and all damages resulting from any violation of this
restriction against resale or redistribution; and
9.6. In order to comply with
its reporting requirements to Microsoft, Thisishowto.com may monitor
your and your customers’ use of the Software Products, and you shall
provide any information reasonably requested about such use to
Thisishowto.com in a timely fashion. You hereby grant Thisishowto.com
the right to share all such usage information with Microsoft.