These are the General Terms and Conditions (the "General Terms and Conditions") apply to the provision by Stream Monkey, LLC ("Stream Monkey") of Services as described in that certain Services Agreement entered into by and between Stream Monkey and Customer (the "Services Agreement"). These General Terms and Conditions are explicitly incorporated into the terms of the Services Agreement. All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Services Agreement. In the event of a conflict between the terms of these General Terms and Conditions and the Services Agreement, the terms of the Services Agreement shall take precedence.
1. Charges and Payment. Customer shall pay to Stream Monkey for the Services the amounts set forth in the Services Agreement. Customer will be responsible for and will pay all and similar governmental fees, except for taxes based on Stream Monkey's net income.
2. Network. For purposes of these General Terms and Conditions and for purposes of the Service Agreement, the term "Network" shall mean the telecommunications network and undersea or terrestrial fiber optic systems owned, operated or otherwise licensed for use by Stream Monkey from time to through which Stream Monkey provided the Services. time and is offered to Customer Stream Monkey reserves the right to modify the Network, system configuration or routing configurations. Nothing in these General Terms and Conditions of the Services Agreement shall create or vest in Customer any right, title or interest in a Service or its configuration. Stream Monkey may, at its sole discretion and without liability, change or modify the features and functionalities of a Service or modify or replace any hardware or software in the Network or in equipment used to deliver any Service over the Network provided that this does not have a material adverse effect on the Services. Stream Monkey may perform scheduled or emergency maintenance (including temporary suspension of a Service as necessary) to maintain or modify the Network or the Services.
3. Equipment. For purposes of these General Terms and Conditions and for purposes of the Service Agreement, the term "Equipment" means, if any, the hardware, software and other equipment and computer code contained therein provided by Stream Monkey for use by Customer pursuant to the Services Agreement. Any Equipment that Stream Monkey agrees to provide to Customer shall be delivered, installed and maintained by Stream Monkey, subject to Customer's maintenance responsibilities set forth in these General Terms and Conditions. Customer will be responsible for preparing its site for installation, for providing adequate space, foundations, heating and cooling, and electrical power, and for affording Stream Monkey reasonable access to the premises for installation and maintenance. Customer shall be responsible for any special interface equipment or facilities necessary to ensure compatibility between the Equipment provided by Stream Monkey and any Customer equipment. Title to the Equipment provided by Stream Monkey shall remain with Stream Monkey or its suppliers. Customer shall have no right or interest in or to the Stream Monkey Equipment except as expressly provided in this Agreement and shall possess the Stream Monkey Equipment subject and subordinate to the rights of Stream Monkey. Customer will, at its own expense, keep the Stream Monkey Equipment free and clear from any liens or encumbrances of any kind (except any caused by Stream Monkey) and will indemnify and hold Stream Monkey harmless from and against any loss or expense caused by Customer's failure to do so. Customer shall give Stream Monkey immediate written notice of any lien or attachment or affecting the Stream Monkey Equipment. Customer shall not remove or alter in any way any Stream Monkey Equipment without the prior written consent of Stream Monkey. Customer may not affix or install any accessory, addition, upgrade, equipment or device on to the Stream Monkey Equipment (other than electronic data) unless expressly approved in writing by Stream Monkey s. Customer will, at its own expense, keep the Stream Monkey Equipment in good repair, appearance and condition, subject to normal wear and tear. Customer will be liable for the costs of repair or replacement of Stream Monkey Equipment if damaged or lost due to theft, negligence or other intentional or unauthorized acts of Customer, its agents or employees. Within fifteen (15) days of the effective date of termination or expiration of the Services Agreement Customer will return all Stream Monkey Equipment to Stream Monkey at Customer's expense and in the manner required by Stream Monkey. Prior to installation of any Stream Monkey Equipment, Customer will deliver to Stream Monkey, as may be required by Stream Monkey in Stream Monkey's sole and absolute discretion, certificates of insurance that evidence sufficient insurance coverage to cover any losses that may be suffered by Stream Monkey as a result of damage, loss, theft, etc. of the Stream Monkey Equipment. Such insurance policies shall name Stream Monkey as an additional insured and Customer shall give Stream Monkey at least thirty (30) days prior written notice of any termination, expiration or change in the coverages provided under any such insurance policies.
4. Additional Customer Obligations. In addition to its other obligations under these General Terms and Conditions and the Services Agreement, Customer shall: (a) designate a Customer representative who can be reached, in person, at all times, regarding technical support, the Services, the Network and related matters; (b) provide Stream Monkey with reasonable access to Customer's facilities and equipment necessary to install, provide and maintain the Services, Network and Stream Monkey Equipment; (c) ensure that all of the Customer equipment used in connection with the Services performs in a manner that does not interfere with the Network of the Services and, in the event and Customer equipment does not perform in such manner, Stream Monkey may, in Stream Monkey's sole and absolute discretion, disconnect any Customer equipment from the Stream Monkey Equipment and/or the Network; (d) obtain all legal permits, licenses, consents, etc. that may be necessary in order to use the Stream Monkey Equipment and/or Network; (e) ensure that Customer, its clients and any other authorized third party end users do not interfere with or disrupt other users of the Services or the Network; (e) not resell the Services to any third party without Stream Monkey's prior written consent; (f) comply with all laws and other legal requirements related to the Services and/or Network.
5. Acceptable Use Policy. Customer acknowledges that Stream Monkey exercises no control over the content of the information available on the internet or accessed through the Network. Customer agrees that it is the sole responsibility of Customer to ensure that the information that it and third parties access through the Services complies with all applicable laws and regulations and the Stream Monkey Acceptable Use Policy (the "AUP"), which policy may be updated by Stream Monkey from time to time. The AUP is incorporated into this Agreement and made a part hereof by this reference. Customer agrees that it has received, read, and understands the AUP. Failure to comply with the AUP by Customer or any third parties that Customer allows to use the Services shall be a material breach of this Agreement subject to immediate termination or suspension of the Services.
This Acceptable Use Policy (this "AUP") applies to the provision by Stream Monkey, LLC ("Stream Monkey") of Services as described in that certain Services Agreement entered into by and between Stream Monkey and Customer (the "Services Agreement"). This AUP is explicitly incorporated into the terms of the Services Agreement. All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Services Agreement. In the event of a conflict between the terms of this AUP and the Services Agreement, the terms of the Services Agreement shall take precedence. All Customers are responsible for b. General Prohibitions. The actions described below are defined by Stream Monkey as "network abuse" and are strictly prohibited under this Policy. The examples named below are not exhaustive and are provided solely for guidance to Customers; Stream Monkey reserves the right to determine that any conduct that is or could be harmful to Stream Monkey' network, Customers or users is in violation of this Policy and to exercise any or all of the remedies contained in this Policy. If any Customer is unsure of whether a contemplated use or action is permitted, it is Customer's responsibility to determine whether the use is permitted by contacting Stream Monkey via email at support@StreamMonkey.com. In general, Stream Monkey Customers may not use Stream Monkey' network, machines, or services in any manner that:
c. Specific Prohibitions. Other expressly prohibited activities include, but are not limited to, the following:
d. Filters. Stream Monkey reserves the right to install and use, or to have Customer install and use, any appropriate devices to prevent violations of this Policy, including devices designated to filter or terminate access to the Stream Monkey services.
e. Digitial Millennium Copyright Act. It is Stream Monkey' policy to respond expeditiously to claims of intellectual property infringement. Stream Monkey will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, when it is under its control, Stream Monkey will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Stream Monkey will terminate access for Customers who are repeat infringers. If you believe that a copyrighted work has been copied and is accessible on our site in a way that constitutes copyright infringement, you may notify us by providing our registered copyright agent with the following information:
Notices of claimed infringement should be directed to email@example.com. When Stream Monkey removes or disables access to any material claimed to be infringing, Stream Monkey may attempt to contact the Customer who has posted such material in order to give that Customer an opportunity to respond to the notification. Any and all counter notifications submitted by the Customer will be furnished to the complaining party. Stream Monkey will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Stream Monkey replaces or restores access to any material as a result of any counter notification.
f. Cooperation with Law Enforcement. Stream Monkey will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. Stream Monkey reserves the right to disclose Customer information to the extent authorized or required by federal or state law. Without limiting the foregoing, in those instances involving child pornography, Stream Monkey complies with all applicable federal and state laws and provides notice to the National Center for the Missing and Exploited Children or other designated agencies, including, without limitation, the Internet Watch Foundation, and Stream Monkey removes all content for which removal is requested by such agencies.
g. Impending Security Event Notification. Customer is responsible for notifying Stream Monkey immediately if Customer becomes aware of an impending event that may negatively affect the Stream Monkey network. This includes, without limitation, extortion threats involving threat of "denial of service" attacks, unauthorized access, or other security events.
h. Configuration. Customer is responsible for configuring its own systems to provide the maximum possible accountability. Stream Monkey shall not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorized or requested by Stream Monkey. For example, Customer should ensure there are clear "path" lines in news headers so that the originator of a post may be identified. Customer should also configure its Mail Transport Agents (MTA) to authenticate (by look-up on the name or similar procedures) any system that connects to perform a mail exchange, and should generally present header data as clearly possible. As another example, Customer should maintain logs of dynamically assigned IP addresses. Customer is responsible for educating itself and configuring its systems with at least basic security. Should systems at Customer's site be violated, Customer is responsible for reporting the violation and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) server, Customer is responsible for re-configuring the system to stop the abuse.
i. Downstream Users. Stream Monkey Internet transit and co-location Customers who provide those services to their own users must affirmatively and contractually pass on the restrictions of this Policy to its users and take steps to ensure compliance by their users with this Policy, including, without limitation, termination of the user for violations of this Policy. Stream Monkey Internet transit and colocation Customers who provide services to their own users also must maintain valid postmaster and abuse addresses for their domains; comply with all applicable Internet RFCs; maintain appropriate reverse DNS information for all hosts receiving connectivity through Stream Monkey' network for which DNS responsibility has been delegated to the Customer; maintain accurate contact information with the InterNIC and any other appropriate domain, IP and AS registrars; take reasonable steps to prevent IP spoofing by their users and downstream customers, including, without limitation, using IP unicast reverse-path forwarding ("uRPF") wherever appropriate and using IP address filtering wherever appropriate; provide a 24/7 contact address to Stream Monkey for dealing with security and abuse issues; and act promptly to ensure that users are in compliance with Stream Monkey' Policy. When Stream Monkey receives a complaint regarding an alleged violation of this Policy by Customer's user, Stream Monkey may notify the Customer of such complaint, inform the complainant that Customer is investigating the complaint and provide the complainant with the necessary information to contact Customer directly to resolve the complaint.
j. Email. In connection with any email transmitted or received via the Stream Monkey network, servers or services, the following actions are prohibited:
k. Bulk Email. Customers sending bulk email using Stream Monkey services may only engage in such activity through the use of "closed-loop opt-in" lists. Such Customers who send bulk email through "closed-loop opt-in" lists must have a method of confirmation or verification of subscriptions and be able to show evidence of subscription for users who complain about receiving unsolicited email. Sending unsolicited ("opt-out") bulk email is prohibited and is grounds for termination of those services to Customers who engage in the practice. Sending "opt-out" bulk email from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by Stream Monkey, including without limitation, email, web, content distribution, FTP, and DNS services, is prohibited. Customers may not advertise, distribute, or use software intended to facilitate sending "opt-out" email or harvest email addresses from the Internet for that purpose. In addition, Customers may not sell or distribute lists of harvested email addresses for the purpose of "opt-out" email. Customers who provide or make use of a service employing referral IDs will be considered responsible for unsolicited bulk email sent by members of the referral ID service that makes reference to services hosted by Stream Monkey. Customers who engage in the practice of unsolicited bulk email, as set forth above, from Stream Monkey accounts will be charged the cost of labor to respond to complaints, with a minimum charge of $200. Customers listed on an industry-recognized spam abuse list will be deemed to be in violation of this Policy.
l. Usenet. Customers should be familiar with the workings of Usenet by reading FAQs regarding Usenet at http://www.faqs.org/faqs before becoming active participants. Stream Monkey places the following restrictions on newsgroup postings by its Customers:
Customers who engage in spamming from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by Stream Monkey, including without limitation email, web, FTP, and DNS services, is prohibited and is grounds for termination of those services to those users;
m. The World Wide Web and FTP. Stream Monkey reserves the right to require that sites using web or FTP space which receive high amounts of traffic be moved to other servers. Web pages and FTP files may not contain any material, text, or images, whether hosted on Stream Monkey servers or "transclusioned" (images from another site displayed on the page), that violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others. Web pages and FTP files may not contain links that initiate downloads of copyright infringing or other illegal material.
n. Routing Protocols and Route Exchange. In the event Stream Monkey learns that Customer is sending excessive or unnecessary route publications, Stream Monkey reserves the right to limit the number or routes that will be accepted.
o. Internet Relay Chat. Using IRC bots is prohibited. Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC is prohibited. Impersonating other users, advertising, and spamming via IRC is prohibited. IRC services that are serving as command and control channels for bots are prohibited, and any violation shall subject Customer to filtering and blocking by Stream Monkey within 24 hours of Stream Monkey learning of such violation. Stream Monkey is not obligated to provide notice of such action to Customer.
p. Servers and Proxies. Customers may not run on Stream Monkey' servers any program that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers, MUDs, file servers, and IRC bots. Customers may not run such programs on their own machines connected to the Stream Monkey network in order to make such services or resources available to others; a dedicated access account is required for such purposes. Customers are responsible for the security of their own networks, machines and accounts, including, without limitation, maintaining confidentiality of password and account information. Stream Monkey will assume neither responsibility nor accountability for failures or breach of Customer-imposed protective measures, whether implied or actual. Abuse that occurs as a result of a compromised Customer's system or account, such as when a system becomes infected with a worm or Trojan horse program as a result of an Internet download or the execution of an email attachment, may result in suspension of services or account access by Stream Monkey. Any programs, scripts, or processes that generate excessive server load on Stream Monkey servers are prohibited, and Stream Monkey reserves the right to terminate or suspend any such program, script, or process.
q. Dialup Connections. Customers may not run programs or configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless they have a dedicated Internet access account. Customers may not have multiple simultaneous connections with a single dialup account. Stream Monkey reserves the right to impose restrictions on or terminate accounts deemed to be in violation of these conditions. Stream Monkey' dialup access servers will disconnect after 30 minutes of inactivity and after 12 hours of continuous access.
r. Storing Files. The storage of any program, utility or file on Stream Monkey' servers the use of which would constitute a violation of this Policy, is prohibited. For example, it is a violation to store hacker scripts, IRC bots, or spamming software on Stream Monkey' servers.
4. Violations. Stream Monkey has absolute discretion in determining whether a Customer's activities or use of Stream Monkey' services are in violation of this Policy. In the event of the breach of or failure to comply with this Policy by any Customer, Stream Monkey expressly reserves the right, at its discretion, to pursue any remedies that it believes are warranted, which may include, but are not limited to, suspension or termination of the provision of a Stream Monkey service or services and any other remedies available at law or equity. Such actions may be taken by Stream Monkey without notice to Customer.
5. Modifications to Policy. This Policy is subject to change with notice by publication on this web site; Customers are responsible for monitoring this web site for changes. This Policy was last updated on April 1, 2012. While Stream Monkey uses reasonable efforts to provide accurate and up-to-date information on this web site, Stream Monkey makes no warranty or representation as to its accuracy. Moreover, information that may have been accurate at the time of posting may have changed and therefore may no longer be accurate or in effect. Stream Monkey undertakes no duty to update such information.
6. Additional Terms and Conditions. All use of the Stream Monkey network and services is subject to the terms and conditions of any agreements entered into by such Customer and Stream Monkey. This Policy is incorporated into such agreements by reference.
7. Contact Information. To contact us with questions or comments regarding this Policy, or to report claimed violations of this Policy, please email firstname.lastname@example.org.
THIS MONTHLY SERVICES AGREEMENT (this “Agreement”) is made and entered into as of the date of acceptance hereof, as indicated below (the “Effective Date”), by and between Stream Monkey, LLC, a Florida limited liability company having principal offices at 3601 TCU Blvd, Orlando, FL 32817 (“Stream Monkey”) and the customer accepting this Agreement in the manner herein provided (“Customer”).
WHEREAS, Stream Monkey is in the business of providing certain services as such are
described the monthly services package selected by Customer (the “Services”); and
WHEREAS, Customer desires to engage Stream Monkey to provide the Services to Customer, and Stream Monkey desires to accept such engagement on the terms and subject to the conditions of this Agreement, the General Terms and Conditions and the Acceptable Use Policy;
NOW, THEREFORE, in consideration of the foregoing premises, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Provision of Services. Stream Monkey agrees to provide the Services to Customer subject to the terms of this Agreement, the General Terms and Conditions and the Acceptable Use Policy. References herein to the “Agreement” shall mean this Agreement, the Customer contact and other information submitted to Stream Monkey in connection with the Services, including Customer’s selection of the monthly services package, the General Terms and Conditions and the Acceptable Use Policy.
2. Term. The term of this Agreement shall be one (1) month (the “Initial Term”). Upon expiration of the Initial Term this Agreement shall automatically renew for consecutive terms of one (1) month each, unless either party shall terminate this Agreement in accordance with Section 3 hereof (each, a “Subsequent Term” and together with the Initial Term, the “Term”).
3. Termination and Cancellation. Either party may terminate or cancel this Agreement by providing written notice of termination to the other party no later than thirty (30) days prior to the expiration of the then current Term. Stream Monkey may terminate this Agreement by providing written notice to Customer in the event that Customer breaches any of its obligations under the terms of this Agreement including, without limitation, its obligations to pay Stream Monkey for the Services. This Agreement shall automatically terminate without any obligation to provide notice if Customer fails to pay any amounts due Stream Monkey under this Agreement, or becomes insolvent, is dissolved or liquidated, has a petition in bankruptcy, reorganization, dissolution or liquidation or similar action filed by or against it, is adjudicated as bankrupt, has a receiver appointed for its business, makes an assignment of all or substantially all its assets for the benefit of its creditors or is subject to property attachment, court injunction, or court order materially adversely affecting its performance under this Agreement.
4. Fees and Payment.
5. Refunds and Returns.
Customer recognizes that the Services provided by Stream Monkey are in the nature of services only and do not include the sale or leasing of hardware or physical products. In the event the Services do not perform according to the warranties set forth in this Agreement, the Customer shall contact Stream Monkey in accordance with the “Contact Us” section of Stream Monkey’s website (http://www.streammonkey.com) to resolve performance issues. Customer shall fully cooperate with Stream Monkey in connection with Stream Monkey’s investigation of such performance issues, including without limitation, permitting remote assistance through any firewalls and with any required passwords. Stream Monkey shall perform all such investigation remotely and shall not be required to travel to any physical location in order to discharge its duties under this Agreement. If Stream Monkey cannot resolve such performance issues to Customer’s reasonable satisfaction within seven (7) business days, then Stream Monkey agrees to refund to Customer that portion of the monthly Services fee which was paid by Customer and relates to the remainder of the Term, beginning with the date on which Customer first contacted Stream Monkey regarding such performance issue, and this Agreement shall be deemed terminated as of the date of such refund. In no event shall Stream Monkey be liable to Customer for more than one (1) month of fees paid by Customer in connection with the Services.
6. Representations and Warranties.
7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STREAM MONKEY OR ITS AFFILIATES BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES OR COSTS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF DATA OR PROPERTY ARISING FROM ANY CLAIMS WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, EVEN IF STREAM MONKEY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN NO EVENT WILL STREAM MONKEY OR ITS AFFILIATES, BE LIABLE TO CUSTOMER UNDER THIS AGREEMENT OR OTHERWISE, REGARDLESS OF THE FORM OF CLAIM OR ACTION, IN AN AMOUNT THAT EXCEEDS THE TOTAL FEES ACTUALLY RECEIVED BY STREAM MONKEY UNDER THIS AGREEMENT DURING THE One (1) MONTH IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO SUCH CLAIM. Customer acknowledges and agrees that Customer shall bear sole responsibility for adequate security, protection and backup of all Customer content and data. Stream Monkey disclaims all responsibility and/or liability to Customer for unauthorized access or use, corruption, deletion, destruction or loss of any Customer content or data.
9. Force Majeure. Neither party shall be liable for and will not be responsible to the other for any delay or failure to perform as required by this Agreement resulting from any external causes or conditions which are beyond such party’s reasonable control and which such party is unable to overcome by the exercise of reasonable diligence, including, but not limited to, fires, floods, hurricanes, strikes, embargoes, acts of terrorism, power outages, internet unavailability, insurrections and riots. If any force majeure event continues for a period of thirty (30) days or more the party who is not receiving performance hereunder shall have the right to terminate this Agreement without liability (except for the accrued rights and obligations of the parties) upon providing written notice to the other party.
10. Incorporation of General Terms and Conditions and Acceptable Use Policy. The terms of Stream Monkey’s General Terms and Conditions and Acceptable Use Policy are specifically incorporated herein by this reference. The General Terms and Conditions and Acceptable Use Policy are available at: www.streammonkey.com/terms.html.
11. Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes and replaces any prior agreements between the parties with respect to such subject matter.
12. Amendment. The terms of this Agreement may not be amended or otherwise modified, except by a writing signed by each of the parties hereto. Any other attempt to amend or modify any of the terms of this Agreement will be null and void and of no force or effect. Notwithstanding the foregoing, Stream Monkey reserves the right to alter and amend the terms of Stream Monkey’s General Terms and Conditions and Acceptable Use Policy. Any change to Stream Monkey’s General Terms and Conditions and Acceptable Use Policy will be binding on Customer when such change is posted and made available on Stream Monkey’s website, and Customer’s renewal of the Term hereof shall be deemed as Customer’s consent to such changes.
13. Waiver. No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
14. Severability. In the event any one or more of the provisions of this Agreement is held to be invalid or otherwise unenforceable, the enforceability of the remaining provisions shall be unimpaired and enforced to the full extent permitted by law.
15. Assignment. Customer may not assign its rights or obligations under this Agreement to any third party without obtaining Stream Monkey’s prior written consent, which consent may be withheld for any reason in Stream Monkey’s sole and absolute discretion.
16. Benefits; Binding Effect. Subject to any restrictions on assignment set forth in this Agreement, this Agreement shall be for the benefit of and shall be binding upon the parties hereto and their respective successors and assigns.
17. Notices. Any notice, request, demand or other communication to be given hereunder by or to either party must be in writing and must be delivered: (a) by email, addressed to email@example.com; and (b) personally or by prepaid commercial courier providing overnight service (such as FedEx or UPS) or by United States mail, postage prepaid, certified mail, and addressed to the party to receive such communication at Stream Monkey’s address as set forth in the opening paragraph to this Agreement and Customer’s address given by Customer in connection with acceptance of this Agreement, or to such other address as such party may designate by notice to the other party. Any notice, request, demand or other communications so given shall be effective upon delivery in the case of personal delivery or delivery by prepaid commercial courier, and three (3) days after delivery to the United States Postal Service in the case of mailing.
18. Governing Law. This Agreement shall be governed by and construed in accordance with the law of the State of Florida, without regard to its conflicts of laws principles.
19. Attorney Fees. In any action or proceeding between any of the parties regarding this Agreement or its enforcement (including, but not limited to, any proceeding in any bankruptcy court), the prevailing party or parties in such action or proceeding shall be entitled to collect and recover from the non-prevailing party or parties in such action or proceeding all costs of such action or proceeding incurred by such prevailing party or parties, including, but not limited to, reasonable attorney fees and costs through all levels of proceedings, including appeals.
20. Construction Rules. Titles of Sections in this Agreement are for convenience of reference only, and shall neither limit nor amplify the provisions of this Agreement. References in this Agreement to particular Sections are references to Sections of this Agreement unless otherwise specifically provided herein. As used in this Agreement, the words “hereof,” “herein,” “hereto,” “hereunder” and any similar word refers to this Agreement as a whole and not to any particular provision of this Agreement unless otherwise specifically provided herein.
21. Counterparts. This Agreement may be executed in counterparts and any of such counterparts may be transmitted electronically (including by fax machine or e-mail), and each of such counterparts, whether an original or an electronically transmitted copy of an original, will be deemed to be an original and all of such counterparts together will constitute a single agreement.
Updated December 19, 2018 at 10:59am