TotalChoice Hosting: Terms of Service


If for any reason you are not satisfied with the Hosting Services provided, we offer a full money back promise. Simply cancel your Hosting Plan within the first thirty days of service and we will refund your money. Colocation services are excluded from this money back promise.

TotalChoice Hosting, LLC. Terms & Conditions Agreement

Term and Payment for Services
Use of Services
Intellectual Property Rights
Warranty; Warranty Disclaimer
Limitation and Exclusion of Liability


This TotalChoice Hosting, LLC. Terms & Conditions Agreement ("Agreement") comprises several sections, each tailored to specific hosting packages. By using our services, you acknowledge having read and agree to be bound by the terms and conditions outlined herein, as well as all acceptable use policies incorporated by reference.

TotalChoice Hosting reserves the right to change or modify the terms and conditions, addendums, or any policy or guideline incorporated by reference at its sole discretion, determining the applicability to existing or future customers. Any changes or modifications become effective upon posting on the TotalChoice Hosting website (the "Site"). Your continued use of services following TotalChoice Hosting's posting of any changes or modifications constitutes your acceptance of such alterations.

1. Term and Payment For Services

1.1 Term

This Agreement shall be for an "Initial Term" as chosen by you in the Order Form located on this Site at the time you register for the Services. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide TotalChoice Hosting with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term.

1.2 Termination Policy

If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) TotalChoice Hosting will not refund to you any fees paid in advance of such termination and (b) you shall be required to pay 100% of TotalChoice Hosting's standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement. Notwithstanding the foregoing, if you terminate your receipt of Shared Hosting Services prior to the end of the first thirty (30) days of the Initial Term, you are entitled to a refund of the fees you paid in advance for the monthly Services, not including any setup fees. Your termination request or notice must be submitted to TotalChoice Hosting in the manner described in Section 1.1. TotalChoice Hosting may terminate this Agreement at any time and for any reason by providing to you written notice thirty (30) days prior to the date of termination. If TotalChoice Hosting terminates this Agreement, TotalChoice Hosting will refund to you the pro-rata portion of prepaid fees attributable to Services (excluding setup fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement. If termination was enforced to due violations that result in damages or fees assigned to TotalChoice Hosting on your behalf, no refunds shall apply and you will be held liable for such fees.

1.3 Default and Cure

In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within five (5) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement.

1.4. Charges

You agree to pay for all charges attributable to your use of the Services at the then current TotalChoice Hosting prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on TotalChoice Hosting's net income.

1.5. Payment

All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you must choose to pay either by direct charge to a credit or debit card. If you choose to pay by credit or debit card upon registering for the Services, you thereby authorize TotalChoice Hosting to charge your credit or debit card to pay for any charges that may apply to your account. You must notify TotalChoice Hosting of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit TotalChoice Hosting from charging your account. TotalChoice Hosting may also create periodic invoices for any applicable Supplemental Charges associated with your use of the Services. You agree to pay to TotalChoice Hosting the amount indicated in each invoice by the due date reflected on that invoice. If you fail to pay any fees and taxes by the applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month or the maximum allowable under applicable law but at no time less than $15 shall also become payable by you to TotalChoice Hosting . In addition, your failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, and TotalChoice Hosting may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) At the time of such nonpayment, TotalChoice may, delete any and all content from the TotalChoice Servers. Any such suspension or termination of the Services would not relieve you from paying past due fees plus interest.

1.6. Chargebacks, Reversals, and Retrievals

If you have a billing issue, please contact TotalChoice Hosting to address and resolve the issue. If TotalChoice Hosting receives a chargeback or payment dispute from a credit card company, bank, or PayPal, your Services may be suspended or terminated without notice and you will be responsible for a $50 chargeback fee. Any outstanding balances accrued as a result of the chargeback(s) must be paid in full before Services will be restored.

1.7 Multi-Term Contract for Selected Dedicated Server and Colocation Services

Certain services are provided under a contractual agreement for a specific duration. If a client decides to cancel or terminate these services before the agreed-upon term ("Early Termination"), they are obligated to pay charges to TotalChoice, as specified below. These charges will be due and payable starting from the effective date of the cancellation or termination.

In the case of contracts with a fixed term, the liability for Early Termination will be calculated as the Monthly Recurring Charge ("MRC") multiplied by One Hundred Percent (100%) of the remaining months in the client's Service Term. The client acknowledges that the Early Termination Fees outlined in this agreement are deemed reasonable and are not considered a penalty.

2. Use of Services

2.1 Acceptable Use Policy

The TotalChoice Hosting Acceptable Use Policy (the "Usage Policy") govern the general policies and procedures for use of the Services. The Usage Policy is posted on TotalChoice Hosting's website (or such other location as TotalChoice Hosting may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. TotalChoice Hosting RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.

2.2. Material and Product Requirements

Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on TotalChoice Hosting's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by TotalChoice Hosting . TotalChoice Hosting will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", TotalChoice Hosting has the option at any time to reject this material. TotalChoice Hosting will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of TotalChoice Hosting. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your website. You must have the necessary knowledge to create and maintain a website. It is not TotalChoice Hosting 's responsibility to provide this knowledge or customer support outside of the Services agreed to by you and TotalChoice Hosting.

2.3. Bandwidth and Storage Usage

You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges. Data stored in your user account on a TotalChoice Server is not owned by TotalChoice Hosting; therefore Data preservation is the ultimate responsibility of you, the client. TotalChoice Hosting is in no way responsible for the client's data and or the backup of that data.

3. Enforcement

3.1. Investigation of Violations

TotalChoice Hosting may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. TotalChoice Hosting will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

3.2. Actions

TotalChoice Hosting reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, TotalChoice Hosting may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on TotalChoice Hosting 's systems, and/or (d) disabling or removing any hypertext links to third party websites, any of your content distributed or made available for distribution via the Services, or other content not supplied by TotalChoice Hosting which, in TotalChoice Hosting 's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes TotalChoice Hosting to civil or criminal liability or public ridicule. It is TotalChoice Hosting 's policy to terminate repeat infringers. TotalChoice Hosting's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If TotalChoice Hosting takes corrective action due to such possible violation, TotalChoice Hosting shall not be obligated to refund to you any fees paid in advance of such corrective action.

3.3. Detailed Disclosure Rights

In adherence to pertinent laws and legal requests from governmental authorities, and with the overarching goal of safeguarding TotalChoice Hosting's systems, customers, and ensuring the overall integrity and functionality of its business and systems, TotalChoice Hosting retains the authority to access and disclose information deemed necessary or pertinent. This includes, but is not limited to, user profile details (such as name, email address, etc.), IP addressing, traffic information, usage history, and the content residing on TotalChoice Hosting's servers and systems.

TotalChoice Hosting explicitly reserves the right to report any activity suspected of violating any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. This proactive stance is taken to uphold legal compliance, protect against potential threats to the security of the hosting infrastructure, and to foster an environment that prioritizes the well-being and trust of its user community. It is essential to recognize that these disclosure rights are exercised with due diligence, aligning with the legal landscape and industry standards to strike a balance between user privacy and the collective interests of the hosting service provider and its user base.

4. Intellectual Property Rights

4.1. Your License Grant to TotalChoice Hosting

You hereby grant to TotalChoice Hosting a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to TotalChoice Hosting a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

4.2. TotalChoice Hosting Materials and Intellectual Property

All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by TotalChoice Hosting or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by TotalChoice Hosting to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of TotalChoice Hosting or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by TotalChoice Hosting during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.

4.3. Trademarks

Within the framework of this Agreement, you explicitly authorize TotalChoice Hosting to utilize your trademarks in a restricted capacity, solely for the purpose of facilitating TotalChoice Hosting's obligations outlined in this Agreement. It is essential to clarify that this authorization does not constitute a comprehensive trademark license, and no additional entitlements regarding the use of trademarks are conferred by virtue of this Agreement. To elucidate, the permissions granted herein explicitly exclude the right to sublicense the use of your trademarks or to incorporate them in conjunction with any other products or services beyond the defined scope of the Services delineated in this Agreement. Importantly, the specified trademark usage rights detailed in this section cease to be applicable upon the termination of this Agreement.

5. Warranty & Warranty Disclaimer

5.1. Customer and/or Third Party Acts

TotalChoice Hosting is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, TotalChoice Hosting is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond TotalChoice Hosting's reasonable control.

5.2. Disclaimer of Warranties

TotalChoice Hosting provides all services, hosting packages and systems, and products under this agreement without any express or implied warranty, whether in fact or in law. It is acknowledged and agreed that TotalChoice Hosting has no control over, and assumes no responsibility for, the content of information passing through its computers, network hubs, points of presence, or the internet. TotalChoice Hosting does not guarantee the uninterrupted, error-free operation or complete security of its services and disclaims any warranties related to patent, copyright, trade secret, or trademark infringement.

All services performed under this agreement are executed "as is" and without any warranty against failure of performance, including, but not limited to, failures due to computer hardware or communication systems. Except as expressly provided in this agreement, TotalChoice Hosting disclaims and waives all reliance on any representations or warranties, whether arising by law or otherwise, concerning the services. This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, or conditions of quality, as well as any warranties related to patent, copyright, trade secret, or trademark infringement.

5.3 Your Warranties and Representations to TotalChoice Hosting

By entering into this Agreement, you affirm, represent, and commit to TotalChoice Hosting the following:

(a) You are either at least eighteen (18) years of age or a duly organized and validly existing entity.

(b) You possess the legal capacity and authority to engage in and abide by the terms of this Agreement.

(c) The Services will be utilized exclusively for legal purposes and in strict adherence to this Agreement, as well as all relevant policies and guidelines.

(d) You acknowledge and agree to assume financial responsibility for all activities conducted through your account.

(e) You have, or will obtain, all necessary authorizations for the inclusion of hypertext links to third-party websites or other content.

(f) The accuracy of materials distributed or made available via the Services, including but not limited to your content, descriptive claims, warranties, guarantees, nature of business, and business address, has been verified or will be verified.

(g) Your content and/or any software you install or provide neither infringes nor will infringe upon any rights of third parties, including but not limited to intellectual property rights, nor violates any applicable laws, regulations, or ordinances.


6.1. Liability Limitations

TotalChoice Hosting shall not be held liable for any damages, unauthorized access to, alteration, theft, or destruction of information provided to TotalChoice Hosting, whether distributed or made available for distribution via the services. Under no circumstances shall TotalChoice Hosting be liable, under this agreement or otherwise, for consequential, exemplary, special, incidental, or punitive damages, even if TotalChoice Hosting has been advised of the possibility of such damages.

In any event, TotalChoice Hosting's liability to you for any reason and upon any cause of action is limited to the amount actually paid to TotalChoice Hosting by you under this agreement during the thirty (30) days immediately preceding the date on which such claim accrued. This limitation applies to all causes of action in the aggregate, including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts.

The fees for the services set by TotalChoice Hosting under this agreement have been and will continue to be based upon this allocation of risk. Consequently, you hereby release TotalChoice Hosting from any and all obligations, liabilities, and claims in excess of the limitation stated in this Section 6.1. Please note that in some states where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability is limited to the extent permitted by law.

6.2. Interruption of Service

By accepting these terms, you explicitly recognize and consent that TotalChoice Hosting bears no responsibility for temporary delays, outages, or interruptions in the provision of services. Additionally, you acknowledge that TotalChoice Hosting is not to be held liable for any delays or failures in fulfilling its obligations outlined in this Agreement, particularly when such delays or failures arise from uncontrollable events or circumstances beyond its reasonable control. This includes, but is not limited to, acts of God, mechanical or electronic failures, communication breakdowns, or failures from third-party suppliers.

6.3. Scheduled Maintenance

By accepting these terms, you recognize and consent to TotalChoice Hosting's authority to temporarily suspend services for the purpose of maintaining, repairing, or upgrading its systems and network. Although TotalChoice Hosting will make reasonable efforts to notify you of upcoming maintenance, there is no obligation on its part to provide advance notice in every instance.


You are obligated to defend, indemnify, and hold harmless TotalChoice Hosting, along with its officers, directors, shareholders, employees, consultants, agents, affiliates, and suppliers (collectively referred to as "Indemnitee"), from any and all actual or threatened claims, demands, causes of action, suits, proceedings (whether formal or informal), losses, damages, fines, penalties, liabilities, costs, and expenses of any kind. This includes, but is not limited to, attorneys' fees and court costs, incurred or sustained by any Indemnitee and asserted by any person, firm, corporation, governmental authority, partnership, or other entity. Such indemnification is required in connection with or arising out of:

(i) Your violation or breach of any term, condition, representation, or warranty stipulated in this Agreement or any applicable policy or guideline.

(ii) Your conduct, encompassing but not limited to negligence, gross negligence, or willful misconduct.

(iii) Your utilization of the Services, encompassing improper or illegal uses.

(iv) Any claim initiated by a former employee of yours, whose employment may be terminated in connection with or as a consequence of the execution of this Agreement and the provision of Services by TotalChoice Hosting.

(v) Any claim related to your services or products, as well as your installation and/or use of any third-party software. This includes, but is not limited to, advertising, product liability claims, or infringement of any trademark, copyright, patent, trade secrets, or nonproprietary right of a third party. This encompasses matters such as defamation, libel, or violation of privacy or publicity.


8.1. Complimentary Free Basic Smart Hands Services (COLOCATION)

The services outlined in this section are provided without warranty, and TotalChoice assumes no responsibility for their performance. These services encompass 24/7/365 power cycles, storage drive replacement, and basic troubleshooting. The client bears full responsibility for equipment colocated within TotalChoice's facilities. Services conducted outside regular business hours and beyond the specified scope will be invoiced at TotalChoice's standard hourly rate of $65.00 per hour (09:00 AM – 05:00 PM EST, Monday through Friday, excluding holidays).

8.2. Redundant Power (COLOCATION)

To qualify as Redundant power, a Redundant power circuit must be accompanied by a Primary power circuit, and the combined utilization of both circuits must not exceed 40%. If TotalChoice determines that a Redundant power circuit is being used as a Primary power circuit, it will be reclassified as such, and the client will be billed at the full circuit rate from the installation date.

8.3. Client's Property (COLOCATION)

In the event that the client fails to retrieve equipment within 14 days after the termination or cancellation of this Agreement, TotalChoice considers the equipment, data, information, systems, and property abandoned, and it becomes the sole property of TotalChoice. The client is responsible for shipping servers to and from TotalChoice's facility. Shipping materials are not stored, and all materials are destroyed upon successful colocation service provisioning. The client is responsible for providing return shipping materials, and a standard hourly rate of $65.00 per hour is billed for equipment return preparation.

8.4 Client Responsibilities (COLOCATION)

While TotalChoice provides secure housing for client property, it is crucial to note that TotalChoice does not assume liability for the client's belongings. Clients are responsible for the safeguarding and maintenance of their equipment within our facilities. This includes taking appropriate measures to secure data, conducting regular equipment checks, and implementing necessary security protocols. While we prioritize the security of our facilities, clients are encouraged to maintain their insurance or protective measures for added assurance regarding their stored property.

8.5 Term of Contract (COLOCATION)

Single U, Quarter, and Half Rack Colocation Services operate on a month-to-month basis. Full Rack Colocation Packages and Custom Power Packages are sold on 12-month terms starting from the service provisioning date. Cancellation or termination by the client must adhere to section 8.6. Additionally, Section 1, 1.7 applies to all colocation packages with a term of more than 1 month.

8.6 Termination of Colocation Servers (COLOCATION)

Single U, Quarter, and Half Rack Colocation Services can be terminated at any time with at least 60 days' written notice. Full Rack Colocation Services and custom Power Packages, sold on a 12-month term, must be canceled within 60 days of the original provisioning date. Notices can be in the form of Certified USPS mail or via a Help Desk Ticket. Colocation Services automatically renew unless properly terminated. TotalChoice is not liable for damages resulting from a delay in Service Provisioning. Additionally, section 1, 1.7 applies to all colocation packages with a term of more than 1 month.

8.7 Enhanced Smart Hand Services (COLOCATION)

Additional services are available for purchase under the title of "Enhanced Smart Hands." These services are available at an additional cost to the client, and details can be found within the colocation pages of TotalChoice. All terms and conditions from section 8 are still in full force and effect where applicable. These services include a Service Level Agreement (SLA).

8.8 SLA for 15-Minute Response

TotalChoice's liability for failure to meet the 15-minute SLA shall be 10% of the "Enhanced Smart Hand" fees for the month in which the failure to meet the response time occurs. TotalChoice assumes no other liability beyond an account credit equal to 10% of one month of the cost of the “Enhanced Smart Hands” service.

8.9 Building Access Agreement (COLOCATION)

To obtain unescorted entry to any TotalChoice facility, the client must agree to and sign the "Building Access Agreement." This agreement outlines the terms and conditions governing unescorted access to TotalChoice facilities. By signing this agreement, the client acknowledges and agrees to adhere to all security protocols, rules, and regulations established by TotalChoice for the protection of its facilities, equipment, and personnel. Failure to comply with the provisions of the Building Access Agreement may result in the revocation of unescorted access privileges. TotalChoice reserves the right to update and modify the Building Access Agreement as needed, with any changes becoming effective upon notification to the client.

8.10 Revisions to the COLOCATION Terms of Service

TotalChoice Hosting reserves the right to revise Colocation Terms at any time, with changes taking effect when posted online or on any subsequent date set forth by the TotalChoice Hosting.


9.1. Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.

9.2. Resellers shall ensure that each of its clients, customers, or users (“Reseller Users”) complies with this Agreement.

9.3. Resellers are responsible for supporting Reseller Users, including but not limited to providing customer service, billing support, and technical support. TotalChoice Hosting does not provide support to Reseller Users. If a Reseller User contacts us, we reserve the right to place a reseller client account on hold until the reseller can assume responsibility for the Reseller User. All support requests must be made by the reseller on Reseller User’s behalf for security purposes.

9.4. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of Reseller Users. TotalChoice Hosting may hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.

9.5. TotalChoice Hosting is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify TotalChoice Hosting from and against any and all claims made by any user arising from the resellers acts or omissions.

9.6 TotalChoice Hosting reserves the right to revise our Reseller Terms at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by the Company.


10.1 Confidentiality

The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. "Confidential Information" means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years.

10.2. Notices

All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered.

10.3. Choice of Law and Forum


10.4. Entire Agreement

This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties.

10.5. No Fiduciary Relationship

No Third-Party Beneficiaries TotalChoice Hosting is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

10.6. Assignments

You may not transfer or assign your rights, duties, or obligations under this Agreement without TotalChoice Hosting's prior written consent. TotalChoice Hosting may assign its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.

10.7. No Waiver

TotalChoice Hosting's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of TotalChoice Hosting's right to subsequently enforce such provision or any other provisions under this Agreement.

10.8. Severability

If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

10.9. Survival

All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.