Independent Affiliate Partner Terms of Service Agreement & Acceptable Use Policy

Introduction

This Affiliate Program Agreement ("Agreement") is made by and agreed to between ME Webhost International, Inc. ("ME Webhost"), and you ("You"). As the provider of this Affiliate Program, ME Webhost facilitates "Performance Marketing Programs" by providing services ("Network Service") via the Internet. A "Performance Marketing Program" ("Program") is where a person, entity, affiliate or its agent, operating "Web site(s)" (internet domain, or a portion of a domain) and/or other promotional methods to drive traffic to the ME Webhost Website may earn financial compensation ("Payouts") for "Transactions" (actions by Visitors as defined by ME Webhost) referred by You via an action made by a "Visitor" (any person or entity that is not the Affiliate or the Affiliate's agent) through an Internet connection ("Link") to the Website content operated by ME Webhost from an authorized promotional method used by You. ME Webhost compensates You, in accordance with this Agreement and the Program Payout specifications.
  1. Participation in Programs.
    1. Acceptance by ME Webhost. Upon approval by ME Webhost for acceptance into its Program.
    2. Prohibited Uses of Links.
      1. Locations. You may not place Links to ME Webhost's Web site or Web site content in ME Webhost newsgroups, message boards, chatrooms, or guestbooks -- other than your own. Affiliates using IRC channels, instant messages or similar Internet resources must designate their program as special requiring manual review and acceptance by ME Webhost.
      2. Non-Bona Fide Transactions. You must promote ME Webhost such that You do not mislead the Visitor, and such that the Links deliver bona fide Transactions by the Visitor to ME Webhost from the Link. You shall not cause any Transactions to be made that are not in good faith, including, but not limited to, using any device, program, robot, Iframes, or hidden frames. You may or may not be compensated for Transactions where You or Your agent are the Visitor. Multiple Leads from the same individual, entity or IP address may be considered non-bona fide Transactions. You shall not earn Payouts for non-bona fide Transactions.
      3. Infringement. None of Your promotional activities may infringe ME Webhost's proprietary rights (including but not limited to trademark rights), or a third party's proprietary rights.
    3. Updating Links. If Links to ME Webhost are not dynamically updated through the Network Service, upon notification You are obligated to update ME Webhost's Links in order to earn Payouts.
    4. Program Terms. Transactions qualifying for a Payout are defined by ME Webhost. ME Webhost may change any Payout rate effective immediately as specified by ME Webhost).
  2. Your Obligations to ME Webhost.
    1. Promotional Methods. You represent and warrant that You will not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with the CAN SPAM Act of 2003 (Public Law 108-187 or any successor legislation), and/or any other laws and/ or regulations that govern email marketing and/or communications. You represent and warrant that You will not engage in pop-up or pop-under advertising using any means involving third party properties and/or services (software). Pop up/unders are acceptable on a first party basis only when triggered by Your site content /site visit or by downloadable software applications for which You are the owner/operator. Pop up/unders delivered through downloadable software cannot engage in means that force clicks or perform redirects, or pop over a pay-per-click listing or natural search results. Pop up/unders must honor the ME Webhost Code of Conduct requirements (as such requirements may be modified from time to time), including but not limited to: (i) installation requirements, and (ii) enduser agreement requirements.
    2. Accurate, Up-to-Date Information. You agree to provide ME Webhost with accurate information about You and Your promotional methods, and to maintain up-to-date Account information (such as contact information, Web sites used, etc.). In Your Account, You must accurately, clearly and completely describe all promotional methods by selecting the appropriate descriptions and providing additional information when necessary. Some promotional methods may be designated by the system as special. Special programs are linked to promotional methods and practices considered unique and require manual approval and acceptance by ME Webhost. ME Webhost reserves the right to define any program as special.
    3. Use of Links. You represent and warrant that all promotional means used by You will not contain objectionable content (including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities), and that You will not mislead others. You agree to: (i) use ethical and legal business practices, (ii) comply with ME Webhost Program terms and this Agreement, (iii) maintain a privacy policy on Your Web site and for any non-Web site based promotional method made available to Visitors. ME Webhost must approve all of Your promotional activities and may deem Your promotional activities inappropriate and a material breach of this Agreement in ME Webhost's sole discretion. ME Webhost reviews publisher conduct and any suspected fraudulent, abusive or otherwise illegal content or activity by You through Your promotional methods, or that is perpetrated through use of the Network Service, is grounds for immediate termination of this Agreement or deactivation of Your Account.
    4. Personally Identifiable Information of Visitors. You represent and warrant that You will not prevent the Tracking Code from collecting personally identifiable information of Visitors that would allow ME Webhost to personally identify Visitors.
    5. Applicable Codes and Code Maintenance. In order for ME Webhost to record the tracking of Visitors' Transactions resulting from clicks on Links promoted by You, You must include and maintain a ME Webhost Tracking Code within the Links. All Links and all advertisements ("Ad Content") must be in a Network Service compatible format.
    6. Usage and Security of Account. You shall be responsible for all usage and activity on Your account and for loss, theft or unauthorized disclosure of Your password (other than through ME Webhost's negligent or willful conduct or omission). You shall provide ME Webhost with prompt written notification of any known or suspected unauthorized use of Your Account or breach of the security of Your Account.
  3. ME Webhost's Services.
    1. Tracking Transactions and Payouts. ME Webhost shall determine (where possible) actual Payouts that should be credited to Your Account.
    2. Charge-backs. ME Webhost may apply, a debit to Your Account in an amount equal to a Payout previously credited to Your Account in circumstances of : (i) product returns; (ii) duplicate entry or other clear error; (iii) non-bona fide Transactions; (iv) non-receipt of payment from, or refund of payment to, the Visitor by ME Webhost; or (v) Your failure to comply with ME Webhost's Program terms or other agreement with ME Webhost ("Charge-back"). Charge-backs may be applied to Your Account at any time, including previous payment cycles.
    3. Support. Support for your program is available on-line through the "Contact Us" area in the ME Webhost Website, which allows You to describe Your issue.
    4. Access to Tracking and Reporting Tools. ME Webhost shall provide You with access to tracking and reporting tools, and to support services. From time to time ME Webhost may offer optional services for a fee. Fees for such optional services are at ME Webhost's then-current published rates or as may be quoted by ME Webhost, and are payable in advance or may be off-set against Your positive Account balance (at ME Webhost's discretion). Tracking detail regarding Visitor Transactions is not available on a real-time basis and there may be reporting delays regarding Transactions. ME Webhost may make available, for fees that ME Webhost shall publish from time-to-time, enhanced reporting capabilities and other services that are not included in the standard Network Service.
    5. Facilitating Payment of Payouts. You may elect to receive payment in any of the currencies that ME Webhost supports (as may be amended by ME Webhost). The conversion rate shall be determined in accordance with ME Webhost's operating standards using the rates prevailing upon the date that payment is made to You, or upon the basis of historical conversion rates if rates are unavailable. The number or amount of Transactions, credits for Payouts, and debits for Charge-backs, as calculated by ME Webhost, shall be final and binding on You. You may choose to receive Referral Fees in the form of credit to your ME Webhost hosting account. If you elect to receive Referral Fees in the form of account credit, a check will not be mailed. Your commission will be paid upon request and such payment will be issued as a check written from a US bank account in US dollars or paid directly to your PayPal Account. Physical (paper) checks are subject to a twenty-dollar processing fee. We will not be responsible for an affiliate's inability to cash the check or a loss of the amount due to exchange rates. We will not accept responsibility for clearing the check at your financial institution. Referral Fees will be issued approximately 6 months after the creation of an a bona fide hosting account due to credit card chargeback temporal limits. ME Webhost understands that some affiliates may wish to receive Referral Fees on an expedited basis, and as such any affiliate may apply for Expedited Referral Fee Payment consideration and receive payments within 60 days after the creation of a bona fide hosting account and such considerations will be made on a case-by-case basis, determined by affiliate's status, client billing history, and historical fraud occurrence metrics. To qualify to receive payment, affiliate Referral Fee must be at least one hundred dollars. Based solely on the discretion of ME Webhost, payment may be withheld for any reason. You will only be compensated for Referrals that purchase ME Webhost products via the Links you generate through the ME Webhost Affiliate Back Office System. Purchases made by Referrals who have clicked on affiliate Links will be tracked by ME Webhost for the purposes of this Affiliate Program. By altering these Links in any way, you may forfeit corresponding Referral Fees. Any attempt by an Affiliate to manipulate, falsify or inflate Referrals, to defraud ME Webhost, or to violate the terms of this Agreement constitutes immediate grounds for ME Webhost to terminate this Agreement and will result in forfeiture of any Referral Fees due to you. The commission will be credited only when the payment for the service is cleared. If the customer requests a refund at a later time, the original commission credited will be deducted from future commissions. Commission is a recurring thirty-five percent commission on all new and future services purchased by customer that you directly refer. An additional recurring twenty-give percent commission is applied to all sub-affiliate sales (affiliates referred by you who have generated independent sales.)
    6. Dormant Accounts. If Your Account has not been credited with a valid, compensatable Transaction that has not been Charged-back during any rolling, twenty-four consecutive calendar month period (Dormant Account), a dormant account fee at ME Webhost's then-current rate shall be applied to Your Account each calendar month that Your Account remains an open yet Dormant Account or until Your Account balance reaches a zero balance, at which time the Account shall become deactivated. Transactions will not be counted if the Transaction subsequently becomes a Charge-back.
    7. Negative Accounts. You may have a negative balance if Your Account is debited amounts equivalent to previous Payouts for Charge-backs and You do not have an adequate Account balance to cover the Charge-back amounts. When You have a negative balance, You must immediately remit payment to ME Webhost in an amount sufficient to bring Your Account to a zero balance, or Your Account is subject to 1.5% interest per month, compounded monthly.
  4. Proprietary Rights.
    1. Linking to ME Webhost. For each Program that You have been accepted to, ME Webhost is granting to You the right to display and Link to the ME Webhost Website or Web site content in accordance with the Program terms for the limited purposes of Promoting ME Webhost, subject to the terms and conditions of this Agreement. Your use of the Link signifies Your agreement to refrain from copying or modifying any icons, buttons, banners, graphics files or content contained in the Link, including but not limited to refraining from removing or altering any copyright or trademark notices. ME Webhost owns all rights in and to all information regarding the Visitors that You refer to ME Webhost.
    2. ME Webhost's Use of Your Marks. You authorize ME Webhost to utilize Your trademarks, service marks, tradenames, and/or copyrighted material that You provide to ME Webhost through Your Account to promote Your participation in the Network Services.
    3. Your Use of ME Webhost's Proprietary Rights. You agree that Your use of any ME Webhost Website (such as www.mewebhost.com) and Your use of any ME Webhost trademarks, service marks, tradenames, and/or URLs is subject to the license and terms of use that are available from such Web site ("Terms of Use"). You explicitly agree not to adopt or use in any manner any trademarks, service marks, tradenames, and/or URLs that are the same or confusingly similar to, or are combined with, those of ME Webhost.
    4. Retention of Rights. All proprietary rights of You, and ME Webhost, and all goodwill arising as a result of such rights, inure to the benefit of such owner.
    5. No Challenge to ME Webhost's Proprietary Rights. You acknowledge that You obtain no proprietary rights in ME Webhost's trademarks, service marks, tradenames, URLs, copyrighted material, patents, and patent applications, and agree not to challenge ME Webhost's proprietary rights.
  5. Confidentiality.
    1. (a) Obligations. You or ME Webhost may provide the other with information that is confidential and proprietary to that party or a third party, as is designated by the disclosing party or that is reasonably understood to be proprietary and/or confidential ("Confidential Information"). The receiving party agrees to make commercially reasonable efforts, but in no case no less effort than it uses to protect its own Confidential Information, to maintain the confidentiality of and to protect any proprietary interests of the disclosing party. Confidential Information shall not include (even if designated by a party) information: (i) that is or becomes part of the public domain through no act or omission of the receiving party; (ii) that is lawfully received by the receiving party from a third party without restriction on use or disclosure and without breach of this Agreement or any other agreement without knowledge by the receiving party of any breach of fiduciary duty, or (iii) that the receiving party had in its possession prior to the date of this Agreement. Upon termination of this Agreement, You must destroy or return to ME Webhost any Confidential Information provided by ME Webhost to You under this Agreement.
  6. Term, Termination, Deactivation and Notices.
    1. Term. This Agreement shall commence upon Your indication that You have accepted this Agreement by providing the required information and clicking through' the acceptance button on the ME Webhost Web site and shall continue until terminated in accordance with the terms of this Agreement. This Agreement may be terminated by either party upon 15 days notice. This Agreement may be terminated immediately upon notice for Your breach of this Agreement. Your Account may be deactivated during investigation of breach of this Agreement. If this Agreement is terminated based upon Your breach, You shall not be eligible to enter into a new click-through Affiliate Agreement with ME Webhost, and any attempt to do so shall be null and void.
    2. Termination or Deactivation by ME Webhost. ME Webhost may terminate You, one of Your Web sites, or Your use of a promotional method, from a Program, at any time in ME Webhost's sole discretion. Breach of any Section of this Agreement is cause for immediate termination from a Program and/or termination of this Agreement, and may result in Chargeback of one or more Payouts. ME Webhost may temporarily deactivate or terminate Your Account if: (i) You or Your agent are responsible for the improper functioning of Ad Content, or if You otherwise interfere with and/or fail to maintain the Tracking Code; (ii) Your Account has not been logged into and/or there have been no Transactions credited to Your Account for any 30 day period; (iii) You maintain a negative balance in Your Account; (iv) ME Webhost determines You are diluting, tarnishing or blurring ME Webhost's proprietary rights; (v) You begin proceedings to challenge ME Webhost's proprietary rights; or (vi) a third party disputes Your right to use any Link, domain name, trademark, service mark, trade dress, or right to offer any service or good offered on Your Web site, or through any of Your promotional means. Upon termination of this Agreement, or in case of deactivation of Your Account, You shall no longer accrue Payouts in Your Account, including but not limited to subsequent sales and/or Leads for click-throughs that occurred prior to termination.
    3. Termination of Programs and Offers. Programs and Offers may be discontinued at any time.
    4. Notices. Except as provided elsewhere herein, both parties must send all notices relating to this Agreement to: (i) for ME Webhost, via registered mail, return receipt requested or via an internationally recognized express mail carrier to ME Webhost Software, Inc., Attn: Legal Dept., 20280 N 59th Ave, Suite 115-108, Glendale, AZ 85308-6847 USA (effective upon actual receipt); and, (ii) for You, at the email or physical address listed on Your Account (effective upon sending as long as ME Webhost does not receive an error message regarding delivery of the email) or five (5) days after mailing).
    5. Post-termination. Upon termination of this Agreement, any outstanding payments shall be paid by ME Webhost to You within 120 days of the termination date, and any outstanding debit balance shall be paid by You to ME Webhost within 10 days of termination of this Agreement. All payments are subject to recovery for Charge-backs. Upon termination of this Agreement, any permissions granted under this Agreement will terminate, and You must immediately remove all Links to ME Webhost. Provisions of this Agreement that by their nature and context are intended to survive the termination of this Agreement shall survive the termination of this Agreement to the extent that and as long as is necessary to preserve a party's rights under this Agreement that accrued prior to termination.
  7. Representations, Warranties, Disclaimers and Limitations.
    1. Business Operations. Each party will make reasonable commercial efforts to keep its Web site operational during normal business hours. However, the parties agree that it is normal to have a certain amount of system downtime and agree not to hold each other or Your Advertisers liable for any of the consequences of such interruptions. ME Webhost may modify the Network Service, or discontinue providing the Network Service, or any portion thereof, at any time.
    2. Authority. Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party's behalf. IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU WERE AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT.
    3. Non-infringement Warranties. You represent and warrant that: (i) You have all appropriate authority to operate, and to any and all content on, Your Web site(s); (ii) You have all appropriate authority in any promotional method you may choose to use; (iii) Your Web site(s) and Your promotional methods do not and will not infringe a third party's, or ME Webhost's, proprietary rights; and (iv) You shall remain solely responsible for any and all Web sites owned and/or operated by You and all of Your promotional methods. ME Webhost may or may not review all content on Your Web site or used by You in Your promotional methods.
    4. Compliance with Laws. You are responsible for compliance with the requirements of all relevant legislation (including subordinate legislation and the rules of statutorily recognized regulatory authorities) in force or applicable in the United States or in any other applicable territory, and warrant that no promotion method used by You or the content of Your Web site(s) will render ME Webhost liable to any proceedings whatsoever.
    5. Limitation of Liabilities. ANY OBLIGATION OR LIABILITY OF ME WEBHOST, INC. UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF YOUR PAYOUTS PAID TO YOU BY ME Webhost UNDER THIS AGREEMENT DURING THE YEAR PRECEDING THE CLAIM. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST THE OTHER PARTY TO THIS AGREEMENT MORE THAN ONE YEAR AFTER THE TERMINATION OF THIS AGREEMENT. YOU AGREE THAT ME WEBHOST, INC. SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO A CLAIM BY ANOTHER PUBLISHER OR AN ADVERTISER OF THE NETWORK SERVICE), FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
    6. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ME WEBHOST, INC. DISCLAIMS ALL WARRANTIES IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, (B) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THAT ME WEBHOST, INC.'S SECURITY METHODS WILL BE SUFFICIENT, (D) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (D) AGAINST INTERFERENCE WITH ENJOYMENT OF THE INFORMATION OR WEB SITE. ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED TO YOU IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. ME WEBHOST, INC. IS, UNDER NO CIRCUMSTANCES, RESPONSIBLE FOR THE PRACTICES, ACTS OR OMISSIONS OF ANY ADVERTISER, OR SUCH ADVERTISER'S WEB SITE(S), AND/OR THE CONTENT OF AN ADVERTISER'S WEB SITE OR THAT AN ADVERTISER MAKES AVAILABLE THROUGH THE NETWORK SERVICE.
    7. Remedies. No remedy or election shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
    8. Benefit of the Bargain. THE PROVISIONS OF THIS SECTION 7 ARE AN ESSENTIAL ELEMENT OF THE BENEFIT OF THE BARGAIN REFLECTED IN THIS AGREEMENT.
  8. Your Indemnification Obligations.
    1. You shall defend, indemnify and hold ME Webhost harmless against all claims, suits, demands, damages, liabilities, losses, penalties, interest, settlements and judgments, costs and expenses (including attorneys' fees) incurred, claimed or sustained by third parties, including but not limited to ME Webhost, directly or indirectly as a result of (a) ME Webhost's breach of or non-compliance with this Agreement, (b) ME Webhost's violation of any law, or an alleged violation of law by ME Webhost, that is a direct or indirect result of Affiliate's use of the Network Service, (c) Affiliate's use of the Network Service, (d) Affiliate's participation in any Program, (e) any content, goods or services offered, sold or otherwise made available by Affiliate to any person, (f) Affiliate's acts or omissions in using, displaying or distributing any internet links obtained from the Network Service or elsewhere, including but not limited to Affiliate's use of internet links via email distribution, (g) any claim that ME Webhost is obligated to pay tax obligations in connection with payment made to Affiliate pursuant to this Agreement and/or any Advertiser's Program, and (h) any violation or alleged violation by Affiliate of any rights of another, including breach of a person's or entity's intellectual property rights (each (a)-(h) individually is referred to hereinafter as a "Claim"). Should any Claim give rise to a duty of indemnification under this Section 8, ME Webhost shall promptly notify Affiliate, and ME Webhost shall be entitled, at its own expense, and upon reasonable notice to Affiliate, to participate in the defense of such Claim. Participation in the defense shall not waive or reduce any of Affiliate's obligations to indemnify or hold ME Webhost harmless. Affiliate shall not settle any Claim without ME Webhost's prior written consent. Affiliate also shall indemnify for any reasonable attorneys' fees or other costs incurred by an indemnified party in investigating or enforcing this Section 8. In the context of this Section 8 only, the term "ME Webhost" shall include officers, directors, employees, corporate affiliates, subsidiaries, agents, and subcontractors.
  9. Any tax liability on the amount of commissions received will be the affiliate's responsibility. We do not employ you nor are you entitled to any benefits normally found in an employer/employee relationship. You are required to claim the commissions earned from us on your tax return.
  10. You may not "refer yourself" for any sales. That is, you cannot initiate a sale for yourself by using your ME Webhost ID. Any affiliate found doing this would be subject to immediate dismissal from the Affiliate program. Affiliates may not be employed by the company or organization that is considered a referral. Referrals of this nature are considered theft from ME Webhost and legal action will be taken to collect any fees paid under these circumstances.
  11. We will periodically send out a newsletter addressing ideas for increasing sales and other marketing issues related to ME Webhost You agree to receive this newsletter.
  12. Miscellaneous.
    1. Headings and References. Headings of Sections are for the convenience of reference only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph.
    2. Third Party Disputes. In the event of a third party claim against either: (a) ME Webhost's intellectual property; or (b) against ME Webhost's right to offer any service or good on ME Webhost's Web site(s) or if, in ME Webhost's opinion, such a claim is likely, ME Webhost shall have the right, at its sole option and in its sole discretion, to (i) secure the right at ME Webhost's expense to continue using the intellectual property or good or service; or (ii) at ME Webhost's expense replace or modify the same to make it non-infringing or without misappropriation.
    3. Relationships of Parties/Third Party Rights. The relationships of the parties to this Agreement shall be solely that of independent contractors, and nothing contained in this Agreement shall be construed otherwise. Nothing in this Agreement or in the business or dealings between the parties shall be construed to make them joint venturers or partners with each other. Neither party shall do anything to suggest to third parties that the relationship between the parties is anything other than that of independent contractor. You agree that Your consent is not necessary to modify any Advertiser Service Agreement.
    4. Choice of Law/Attorneys' Fees. This Agreement is governed by the laws of the State of Arizona (USA), except for its conflict of law provisions. The exclusive forum for any actions related to this Agreement shall be in the state courts, and, to the extent that federal courts have exclusive jurisdiction, in Glendale, Arizona. The parties consent to such venue and jurisdiction and waive any right to a trial by jury. The application of the United Nations Convention on the International Sale of Goods is expressly excluded. A party that primarily prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys fees and costs. ME Webhost controls and operates its Web site from its offices in the USA and access or use where illegal is prohibited.
    5. Force Majeure. Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of such party, including but not limited to electrical outages, failure of Internet service providers, default due to Internet disruption (including without limitation denial of service attacks), riots, insurrection, acts of terrorism, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.
    6. Severability/Waiver. If any provision of this Agreement is held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect. The parties shall in good faith attempt to modify any invalidated provision to carry out the stated intentions in this Agreement. The waiver of any breach of any provision under this Agreement by any party shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.
    7. Assignment and Acknowledgement. Neither party may assign this Agreement without the prior express written permission of the other party. Notwithstanding the foregoing, Your consent shall not be required for assignment or transfer made by ME Webhost (1) due to operation of law, or (2) to an entity that acquires substantially all of ME Webhost's stock, assets or business, or (3) to a related entity (e.g. parent or subsidiary of parent). Your use of the Network Service is irrefutable acknowledgement by You that You have read, understood and agreed to each and every term and provision of this Agreement. ME Webhost may establish from time to time rules and regulations regarding use of the Network Service as published on the Network Service and incorporated herein.
    8. Marketing. Affiliate agrees that ME Webhost may identify it as a ME Webhost Affiliate in client lists and may use Affiliate's name and/or logo solely for such purpose in its marketing materials. Any other uses of Affiliate's name and/or logo not otherwise described or contemplated herein shall require Affiliate's prior written consent.
    9. Entire Agreement, Assignment and Amendment. This Agreement, including the Introduction, contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by either of the parties, either oral or written, except as stated in this Agreement. This Agreement may only be altered, amended or modified by an instrument that is assented to by each party to this Agreement by verifiable means, including without limitation by written instrument signed by the parties or through a "click through" acknowledgement of assent. No interlineations to this Agreement shall be binding unless initialed by both parties. Notwithstanding the foregoing, ME Webhost shall have the right to change, modify or amend ("Change") this Agreement, in whole or in part, by posting a revised Agreement at least 3 days prior to the effective date of such Change. Your continued use of the Network Service after the effective date of such Change shall be deemed Your acceptance of the revised Agreement.

IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU WERE AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT.