a. The initial term of this Agreement
shall be as set forth in the Order Form (the "Initial Term").
The Initial Term shall begin upon commencement of the Services to Customer.
After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY
AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE COZOMO.COM
TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE
TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED
BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all
successive renewal periods shall be referred to, collectively, as the
"Term."
b. This Agreement may be terminated
i. by either party by giving the other party thirty (30) days prior written
notice (subject to an early cancellation fee payable by Customer as provided
below),
ii. by COZOMO.COM in the event of nonpayment by Customer,
iii. by COZOMO.COM, at any time, without notice, if, in COZOMO.COM's
sole and absolute discretion and/or judgment, Customer is in violation
of any term or condition of the this Agreement and related agreements,
AUP, or Customer's use of the Services disrupts or, in COZOMO.COM's
sole and absolute discretion and/or judgment, could disrupt, COZOMO.COM's
business operations and/or
c. If you cancel this Agreement prior to the end of the Initial Term
or any Term thereafter,
i. you shall be obligated to pay all fees and charges accrued prior to
the effectiveness of such cancellation,
ii. COZOMO.COM shall refund to you all pre-paid fees for basic hosting
services (shared, dedicated and/or managed) for the full months remaining
after effectiveness of cancellation (i.e., no partial month fees shall
be refunded), less any setup fees and any discount applied for prepayment,
iii. you shall be obligated to pay 100% of all charges for all Services
for each month remaining in the Term (other than basic hosting fees as
provided in (ii) above) and (iii) you shall pay an early cancellation
fee of $15.00. Any cancellation request shall be effective thirty (30)
days after receipt by COZOMO.COM, unless a later date is specified in
such request.
d. COZOMO.COM may terminate this Agreement
i. if the Services are prohibited by applicable law, or become impractical
or unfeasible for any technical, legal or regulatory reason, by giving
Customer as much prior notice as reasonably practicable or
ii. immediately by giving written notice to Customer, if COZOMO.COM
determines in good faith that Customer's use of the Customer Web site
or the Customer Content violates any term or condition. If COZOMO.COM
cancels this Agreement prior to the end of the Term for your breach of
this Agreement and related agreements, the Customer's use of the Services
disrupts, COZOMO.COM shall not refund to you any fees paid in advance
of such cancellation and you shall be obligated to pay all fees and charges
accrued prior to the effectiveness of such cancellation; further, you
shall be obligated to pay 100% of all charges for all Services for each
month remaining in the Term and COZOMO.COM shall have the right to
charge you an administrative fee of $50.00.
e. Upon termination of this Agreement for any cause or reason whatsoever,
neither party shall have any further rights or obligations under this
Agreement, except as expressly set forth herein. Termination of this Agreement
and retention of pre-paid fees and charges shall be in addition to, and
not be in lieu of, any other legal or equitable rights or remedies to
which COZOMO.COM may be entitled. |