Terms of Use
Upon signing up for Cloud Nine Host (3N1 Creative Ltd. Co. ) services, all customers agree to comply with our Terms of Use. Illegal Use Cloud Nine Host (3N1 Creative Ltd. Co. ) servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots. Domain Name Availability Disclaimer You acknowledge and agree that Cloud Nine Host (3N1 Creative Ltd. Co. ) cannot guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, since Cloud Nine Host (3N1 Creative Ltd. Co. ) cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases that are maintained by third party registries. Adult Content Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites. Security Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Server Resources* Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Cloud Nine Host (3N1 Creative Ltd. Co. ) shall be the sole arbiter of what is considered to be a high server usage level. All shared web hosting accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of $9.95/month. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. CGI Scripts* CGI script sharing with domains not hosted by Cloud Nine Host (3N1 Creative Ltd. Co. ) is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. Chat Rooms* Cloud Nine Host (3N1 Creative Ltd. Co. ) does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, Cloud Nine Host (3N1 Creative Ltd. Co. ) provides Java chat rooms that meet most users' needs and run without hindering system performance. Background Running Programs and Cron Jobs* Cloud Nine Host (3N1 Creative Ltd. Co. ) may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Cloud Nine Host (3N1 Creative Ltd. Co. ) at support@CloudNineHost.com so that we can arrange set-up. IRC Cloud Nine Host (3N1 Creative Ltd. Co. ) does not allow IRC or IRC bots to be operated on our servers. UCE (Unsolicited Commerce Email) - SPAM Spamming, the sending of unsolicited mass email from or through a Cloud Nine Host (3N1 Creative Ltd. Co. ) server or using an email address that is maintained on a Cloud Nine Host (3N1 Creative Ltd. Co. ) machine is STRICTLY prohibited. Cloud Nine Host (3N1 Creative Ltd. Co. ) will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but channel activities through a Cloud Nine Host (3N1 Creative Ltd. Co. ) server as a mail drop for responses. Violators will be assessed a minimum fine of $200 and will face immediate suspension. Server Abuse Any attempts to undermine or cause harm to a Cloud Nine Host (3N1 Creative Ltd. Co. ) server or customer are strictly prohibited. Software Distribution* Cloud Nine Host (3N1 Creative Ltd. Co. ) shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@3n1creative.com to make special arrangements. Multimedia Files* Multimedia files are defined as any graphics, audio, and video files. Cloud Nine Host (3N1 Creative Ltd. Co. ) shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files. Databases* Any database stored on Cloud Nine Host (3N1 Creative Ltd. Co. ) servers shall be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account. Copyright Violations The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify Cloud Nine Host (3N1 Creative Ltd. Co. ) of an infringement of your copyright, the DMCA requires that you: Send your notification to Cloud Nine Host (3N1 Creative Ltd. Co. ) designated agent. You may choose any of the following three avenues for this notification: Email to sales@3n1creative.com Fax to Cloud Nine Host (3N1 Creative Ltd. Co. ), Attention: Abuse at (775) 855-0509 Include in your notification the following information A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant") Identification of the copyrighted work(s) claimed to have been infringed Identification of the material claimed to infringe the copyright(s), and enough information for Cloud Nine Host (3N1 Creative Ltd. Co. ) to locate it The Claimant's name, address, and telephone number(s) A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner. Actions Taken by Cloud Nine Host (3N1 Creative Ltd. Co. ) The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. Cloud Nine Host (3N1 Creative Ltd. Co. ) will be the sole arbiter as to what constitutes a violation of the Terms of Use. Cloud Nine Host (3N1 Creative Ltd. Co. ) reserves the right to remove any account without prior notice. When Cloud Nine Host (3N1 Creative Ltd. Co. ) becomes aware of an alleged violation of its Terms of Use, Cloud Nine Host (3N1 Creative Ltd. Co. ) will initiate an investigation. During the investigation, Cloud Nine Host (3N1 Creative Ltd. Co. ) may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Cloud Nine Host (3N1 Creative Ltd. Co. ) may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Cloud Nine Host (3N1 Creative Ltd. Co. ) will notify the appropriate law enforcement authorities of such violation. Cloud Nine Host (3N1 Creative Ltd. Co. ) does not issue credits for outages incurred through service disablement resulting from Terms of Use violations. Cloud Nine Host (3N1 Creative Ltd. Co. ) customers agree to indemnify and hold harmless Cloud Nine Host (3N1 Creative Ltd. Co. ) from any claims resulting from the use of our services that damages them or any other party. Modification Cloud Nine Host (3N1 Creative Ltd. Co. ) reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice. Billing Policy Billing Periods Cloud Nine Host (3N1 Creative Ltd. Co. ) bills on a monthly, quarterly or yearly cycle, depending on what option and plan have been selected. Account and billing anniversary information will be sent to you after we have processed your order. Prompt payment is necessary to ensure uninterrupted service of your account. Payments For credit card customers, you will be automatically charged the appropriate amount at the beginning of your account's billing period. For check/money order customers, Cloud Nine Host (3N1 Creative Ltd. Co. ) must receive your check/money order by the beginning of your billing period. Late payments, credit card refusals, expirations, chargebacks, disputes are subject to fines, suspensions and account terminations at Cloud Nine Host (3N1 Creative Ltd. Co. ) discretion. All unpaid balances incurred during period of service by Cloud Nine Host (3N1 Creative Ltd. Co. ) are subject to collection. Fees NOTE: Cloud Nine Host (3N1 Creative Ltd. Co. ) charges a $25.00 fee for returned checks as well as chargebacks. For international customers, if you are sending a check/money order the amount must be drawn in US dollars. All T/T(wire) payments must include a $15 processing fee with each payment. Term length The length of any hosting agreement shall be no less than 36 months. Upon the renewal date of your agreement, you will be automatically renewed unless you follow cancellation instructions below. Cancellations Any request for cancellations must be received via the Ltd. Co. Cancellation Form , regular mail or fax and you'll receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email cancellations are not accepted. Submission of the cancellation form does not automatically complete the cancellation request- your account may be past due or delinquent in which case the balance must be settled before cancellation of an account can be processed. Domain name transfers, non-usage, Internic problems, ISP problems, or any other secondary issues not directly related to Cloud Nine Host (3N1 Creative Ltd. Co. ) services does not qualify an account for cancellation. Customers are urged to make sure that they receive a cancellation confirmation from Cloud Nine Host (3N1 Creative Ltd. Co. ), indicating the closure of a domain and/or an account has been completed. To cancel the automatic renewal of your hosting, you must submit a request in writing no less than 30 days prior to renewal. 30 Day Money Back The 30 day money back applies to all Cloud Nine Host (3N1 Creative Ltd. Co. ) Web hosting plans. Following services do not qualify for 30 day money back guarantee: additional items and services; dedicated servers; items and services ordered through the reseller program; domain parking plus; domain name registration fees. If you received a free domain name registration with your hosting, you may purchase it for only $15. If you are not completely satisfied with our services within the first 30 days of your initial activation date, you will be given a full refund of the contract amount excluding setup fees and overages. Refunds Full refunds are only available within the 30 day money back period (excluding setup fees- see above); Quarterly and Annual prepayments (or higher payment cycles) are given prorated refunds, to the next closest full month. Registration agreement and Uniform Domain name Dispute Resolution Policy (This section applies all customers who are registering the domain name through Cloud Nine Host (3N1 Creative Ltd. Co. ). This agreement applies to the domain name registration portion of the Cloud Nine Host (3N1 Creative Ltd. Co. ) service; it does NOT apply to non-domain name registration services provided by Cloud Nine Host (3N1 Creative Ltd. Co. ).) Registration Agreement 1. Agreement. In this Service Agreement ("Agreement") "you" and "your" refer to each customer and "we", us" and "our" refer to Cloud Nine Host (3N1 Creative Ltd. Co. ).com. This Agreement explains our obligations to you, and explains your obligations to us for our various services. By selecting our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional service(s) or to cancel your Cloud Nine Host (3N1 Creative Ltd. Co. ) service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the service(s) provided by Cloud Nine Host (3N1 Creative Ltd. Co. ).com under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us. 2. Selection of a Domain Name. We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us. 3. Fees, Payment and Term. As consideration for the services you have selected, you agree to pay Cloud Nine Host (3N1 Creative Ltd. Co. ) the applicable service(s) fees. Registration will not be processed until payment for services is verified or received. All fees payable for domain name thereunder are nonrefundable unless we provide otherwise. This section does not apply to fees payable for Cloud Nine Host (3N1 Creative Ltd. Co. ) Web Hosting and Web Hosting services. As further consideration for the domain name service(s), you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant Cloud Nine Host (3N1 Creative Ltd. Co. ) the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Domain Name Registration Agreement ("Registration Agreement"), represents that the statements in its application are true and that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the Domain Name is not being registered for any unlawful purpose. 4. Modifications to Agreement. You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on Cloud Nine Host (3N1 Creative Ltd. Co. ).com's web site, or on notification to you by e-mail or by telephone or by mail. You agree to review Cloud Nine Host (3N1 Creative Ltd. Co. ) web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or by fax. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Cloud Nine Host (3N1 Creative Ltd. Co. ) services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Dispute Policy at any time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database. 5. Modifications to your Account. In order to change any of your account information with us, you must send an email to support@websitedesigns.net. 6. Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by our current Domain Name Dispute Policy ("Dispute Policy") which is incorporated herein and made a part of this Agreement by reference. 7. Domain Name Disputes. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts of your domicile, the courts of the geographic location indicated by your WHOIS information for your domain name, and the courts of the El Paso County, Texas.. 8. Agents. You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.) purchased Cloud Nine Host (3N1 Creative Ltd. Co. ) service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. 9. Announcements. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet. 10. Limitation of Liability. You agree that our entire liability, and your exclusive remedy, with respect to any Cloud Nine Host (3N1 Creative Ltd. Co. ) services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s). Cloud Nine Host (3N1 Creative Ltd. Co. ) and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Cloud Nine Host (3N1 Creative Ltd. Co. ) services or for the cost of procurement of substitute services. 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. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account or Control Panel; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or e-mail service. The registrant agrees that Cloud Nine Host (3N1 Creative Ltd. Co. ) will not be liable for any loss of registration and use of registrant's domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Cloud Nine Host (3N1 Creative Ltd. Co. ) has been advised of the possibility of such damages. In no event shall Cloud Nine Host (3N1 Creative Ltd. Co. ) maximum liability exceed one hundred ($100.00) dollars. 11. Indemnity. You agree to release, indemnify, and hold Cloud Nine Host (3N1 Creative Ltd. Co. ), its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Cloud Nine Host (3N1 Creative Ltd. Co. ) services provided thereunder or your use of the Cloud Nine Host (3N1 Creative Ltd. Co. ) services, including without limitation infringement by you, or someone else using the Cloud Nine Host (3N1 Creative Ltd. Co. ) E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any Cloud Nine Host (3N1 Creative Ltd. Co. ) operating rule or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When Cloud Nine Host (3N1 Creative Ltd. Co. ) is threatened with suit by a third party, Cloud Nine Host (3N1 Creative Ltd. Co. ) may seek written assurances from you concerning your promise to indemnify Cloud Nine Host (3N1 Creative Ltd. Co. ); your failure to provide those assurances may be considered by Cloud Nine Host (3N1 Creative Ltd. Co. ) to be a breach of your Agreement and may result in deactivation of your domain name. 12. Breach. You agree that failure to abide by any provision of this Agreement, any Cloud Nine Host (3N1 Creative Ltd. Co. ) operating rule or policy or the Dispute Policy, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate your account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you. 13. No Guarantee. You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name. 14. Disclaimer of Warranties. You agree and warrant that the information that you provide to us to register or reserve your domain name or register for other Cloud Nine Host (3N1 Creative Ltd. Co. ) service(s) is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Cloud Nine Host (3N1 Creative Ltd. Co. ) service(s) is solely at your own risk. You agree that such service(s) is provided on an "as is," "as available" basis. Cloud Nine Host (3N1 Creative Ltd. Co. ) expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Cloud Nine Host (3N1 Creative Ltd. Co. ) makes no warranty that the Cloud Nine Host (3N1 Creative Ltd. Co. ) service(s) will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free; nor does Cloud Nine Host (3N1 Creative Ltd. Co. ) make any warranty as to the results that may be obtained from the use of the service(s) or as to the accuracy or reliability of any information obtained through the Cloud Nine Host (3N1 Creative Ltd. Co. ). e-mail service or that defects in the Cloud Nine Host (3N1 Creative Ltd. Co. ) service(s) software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Cloud Nine Host (3N1 Creative Ltd. Co. ) service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. Cloud Nine Host (3N1 Creative Ltd. Co. ) makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through service. No advice or information, whether oral or written, obtained by you from Cloud Nine Host (3N1 Creative Ltd. Co. ).com or through the service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. 15. Revocation. You agree that we may delete your domain name or terminate your right to use other Cloud Nine Host (3N1 Creative Ltd. Co. ) service(s) if the information that you provided to register or reserve your domain name or register for other Cloud Nine Host (3N1 Creative Ltd. Co. ) service(s), or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register or reserve your domain name. You agree that we may, in our sole discretion, delete or transfer your domain name at any time. 16. Right of Refusal. We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Cloud Nine Host (3N1 Creative Ltd. Co. ) service(s), or to delete your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Cloud Nine Host (3N1 Creative Ltd. Co. ) service(s), or we delete your domain name or other Cloud Nine Host (3N1 Creative Ltd. Co. ) service(s) within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or delete your domain name or register you for other Cloud Nine Host (3N1 Creative Ltd. Co. ) service(s). 17. Severability. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect. 18. Non-Agency. Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. 19. Non-Waiver. The failure of Cloud Nine Host (3N1 Creative Ltd. Co. ) to require performance by the Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Cloud Nine Host (3N1 Creative Ltd. Co. ) of a breach of any provision hereof be taken or held to be a waiver of the provision itself. 20. Notices. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us to nic@websitedesigns.net. Mail shall be sent to: Cloud Nine Host (3N1 Creative Ltd. Co. ), PO 4884, El Paso, Texas 79914, and to you at the mailing address provided in your application or as updated from time to time. Any e-mail communication shall be deemed to have validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. MT and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing. 21. Entirety. You agree that this Agreement, the rules and policies published by Cloud Nine Host (3N1 Creative Ltd. Co. ) and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Cloud Nine Host (3N1 Creative Ltd. Co. ).com services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent. 22. Governing Law. You agree that this Agreement shall be governed in all respects by and interpreted in accordance with the laws of the State of Texas and the federal laws of the Unites States of America applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought in the County of El Paso courts located in El Paso, Texas and you irrevocably consent to the jurisdiction of such courts. 23. Infancy. You attest that you are of legal age to enter into this Agreement. 24. Acceptance of agreement. You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the affiliate network and are not relying on any representation, guarantee or statement other than as set forth in this agreement. Limitation of Liabilities & Legal Jurisdiction 1. User agrees to use all Cloud Nine Host (3N1 Creative Ltd. Co. ) services and facilities at User's own risk. Cloud Nine Host (3N1 Creative Ltd. Co. ) specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Cloud Nine Host (3N1 Creative Ltd. Co. ) be liable for any loss, or loss of data, or any other damages. Contact us for complete terms.