General Terms and Conditions of Service


BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY SNB SOLUTIONS YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS & CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITRATION OF DISPUTES. Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this Agreement, (2) the activation of your account or (3) your receipt of an e-mail from SNB SOLUTIONS confirming your order, whichever happens first. THIS AGREEMENT IS EFFECTIVE FOR AN INITIAL TERM OF ONE MONTH (OR LONGER IF YOU HAVE A MINIMUM OR EXTENDED TERM CONTRACT) AND IS AUTOMATICALLY RENEWABLE FOR SUCCESSVE TERMS OF THE SAME LENGTH AS THE INITIAL TERM OR FOR SUCCESSIVE ONE MONTH TERMS, AS MORE FULLY DESCRIBED IN THE TERM AND TERMINATION PROVISIONS CONTAINED IN SECTION 2. EXCEPT AS OTHERWISE PROVIDED HEREIN, EITHER YOU OR SNB SOLUTIONS MAY TERMINATE THIS AGREEMENT (AND YOUR ACCESS TO YOUR ACCOUNT) AT ANY TIME WITH 30 DAYS NOTICE, OR SNB SOLUTIONS MAY TERMINATE THIS AGREEMENT OR SUSPEND YOUR ACCOUNT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED UNDER A MINIMUM OR EXTENDED TERM PACKAGE) SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 2.

1. DEFINITIONS.

For the purposes of this Agreement:

1.1.
"SNB Solution's Equipment" shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, and/or maintained by SNB Solutions and/or its affiliates, agents, or assigns which provide the Services.

1.2.

"SNB Solutions, "us," "we," "our" and grammatical variants thereof shall collectively refer to Adriana Berenice Magallanes Laveaga., a corporation organized and existing under the laws of the Republic of Mexico, located at fracc. Arcos del Sol, calle Los Pozos 133. and its assigns and successors in interest.

1.3.

"SNB Solutions Services" shall mean the products and services provided by SNB Solutions and/or its affiliates, agents, or assigns at any given time, including but not limited to web hosting, e-mail, domain registration, and any associated support services, which services may be changed, amended, and/or otherwise altered at any time in SNB Solution’s sole discretion.

1.4.

"Software" shall mean any software provided by SNB Solutions at any given time, whether downloaded to your computer, provided to you on CD or another form of removable media, or utilized online as part of the our Services. The Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.

1.5.

"Bandwidth" shall refer to the rate of data transmission in bits per second using SNB Solution’s Equipment.

1.6.

"Content" shall mean the downloadable files which are interpreted by a client web browser for display with or without plug-ins.

1.7.

"Customer Service" shall refer to communication from us to you dealing with problems or questions relating to services provided by us to you.

1.8.

"Fee" shall mean monies and other consideration you are obligated to pay to SNB Solutions for the right to use our Services and Bandwidth subject to the terms and conditions of this Agreement and of the particular Services for which you have registered, as outlined on the then-current schedule of fees.

1.9.

"Fee Schedule" shall mean the fees for the SNB Solution’s Services as published on our website, which may be modified at any time in SNB Solution's sole discretion pursuant to the provisions of 23.1.

1.10.

"International Customers" shall mean customers residing in or accessing our Services from outside of the United States, Mexico or Bulgaria.

1.11.

"Laws" shall mean the laws, statutes, and regulations then in effect of the Republic of Mexico and its various states and dependencies as well as the laws of Your country of residence or the country in which you use or access our Services and the laws of any provinces, states or dependencies thereof.

1.12.

"Parties" shall collectively refer to SNB Solutions and you.

1.13.

"Payment Account" shall refer to the credit card or Pay Pal account provided by You upon registration to pay for Your Services. SNB Solutions may add, delete, or modify the methods by which customers can pay for our Services at any time without prior notice, in its sole discretion. Payments processed by Pay Pal are subject to Pay Pal's terms and conditions of service, and SNB Solutions makes no representations or warranties with respect to those services.

1.14.

"Suspend" or "Suspension" shall include the disabling of, releasing of, disabling of, and/or placing of a registrar lock on your domain name and the cessation of transmission of data to or from Your Web Site or via Your Services.

1.15.

"Technical Support" shall refer to communications from us to you dealing with problems or questions relating to technical matters involving software or services provided by us to you.

1.16.

"Web Site Space" shall mean a quantity of computer memory allocation, as outlined in the program description for Your Services, generally located on one or more computer storage devices and measured in units of megabytes (MBs) wherein data comprising Your Web Site is stored and is accessible by SNB Solution's web server equipment.

1.17.

"You", "your" and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.

1.18.

"Your Data" shall mean any data, including but not limited to advertisements, documents, e-mails, images, movies, web pages, or other Content, related to your use of our Services and stored on or transmitted by the SNB Solutions Equipment.

1.19.

"Your Web Site" shall mean data transmittable via the Internet by SNB Solutions which is stored in your Web Site Space.

1.20.

"Your Services" shall mean the specific Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the fees for those Services pursuant to the current Fee Schedule.

2. TERM AND TERMINATION.

2.1.

Except as otherwise provided in this Agreement, this Agreement shall be for an initial term of one month and shall be automatically renewed each month for additional one month periods unless and until sooner terminated pursuant to the provisions of this Section 2. SNB Solutions may accept prepayment for services to be provided under this Agreement, but such acceptance shall not modify or extend the term of this Agreement. Notwithstanding anything herein to the contrary, SNB Solutions offers certain Hosting and other Packages for which the term of this Agreement shall be in excess of one month, at the end of which this Agreement shall automatically renew for additional terms of equal length unless you turn off the auto renew function in your account, in which case this Agreement shall terminate at the end of the then-current term. You will receive notice between 30 and 60 days prior to the end of each term of your Package that will alert you that your term is about to renew and will provide you with instructions on how to cancel if you do not wish to renew. These notices will be sent via email at the email account you provide. Any and all service fees for the Packages are NON-REFUNDABLE AND ARE DUE AND PAYABLE UPFRONT IN ADVANCE for the entire term thereof. Should you choose to terminate your Package prior to the end its term you will not be entitled to a refund. For the purposes of this provision, any modification of the hosting package may, in the discretion of SNB Solutions, be deemed a termination. Fees paid for a Package shall be refunded to you if this Agreement is terminated by SNB Solutions without cause pursuant to Section 2.2. prior to the end of the term of your Package in an amount equal to the service fees for the remainder of the term on a prorated basis, or as otherwise agreed to in writing by us in sole discretion. Further notwithstanding anything herein to the contrary, we offer certain Packages for which the initial term of this Agreement shall be in excess of one month and shall have minimum term requirements (the "Minimum Term Contract Packages"), at the end of which such initial term this Agreement shall renew automatically on a month-to-month basis pursuant to the terms herein. Any and all service fees for the Minimum Term Contract Packages are due and payable for the entire initial term thereof. Should you choose to terminate your Minimum Term Contract Package prior to the end of its term you authorize SNB Solutions to charge the Payment Account for all such fees and charges for the remainder of such initial term. For the purposes of this Section, any modification of the server package may, in the discretion of SNB Solutions, be deemed a termination and entitle SNB Solutions to the Fees owing on the Minimum Term Contract Package.

2.2.

Except as otherwise provided herein, you or we may terminate this Agreement at any time for any reason, with or without cause, upon thirty days' written notice. We may suspend performance under or terminate this Agreement and cease transmission of data associated with Your Web Site immediately and without notice:

2.2.1.

if SNB Solutions, in its sole discretion, deems that you have breached any part of this Agreement, including, without limitation, any warranty or obligation set forth in Section 8,

2.2.2.

if your Payment Account provider refuses payment of fees or charges or you refuse authorization for same, or

2.2.3.

if payment for our Services is more than fifteen days overdue.

2.3

You further agree that in the event that SNB Solutions believes, in its sole discretion, that you have breached any provision(s) of Section 8 of this Agreement, or any of its subparts, by storing or allowing material such as that described in the aforementioned Section 8, or any of its subparagraphs, to be transmitted by our Equipment, that SNB Solutions may without any liability to you, and in addition to any other remedies, erase or purge such materials from our Equipment without prior notice to you.

2.4

After termination, you will no longer have access to your account and Your Data, including but not limited to e-mails, log files, databases, or other data files associated with your account may be deleted. SNB Solutions accepts no liability for such deleted information or content.

3. DESCRIPTION

Subject to and conditioned upon SNB Solution's retained rights and all other terms and conditions set forth in this Agreement, SNB Solutions offers the Services as soon as practicable after registration for and payment of any and all fees due. You will receive a password, account and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify SNB Solutions of any unauthorized uses of the account or any other breaches of security. SNB Solutions cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will SNB Solutions be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The Services are subject to the following conditions and restrictions:

3.1. Web Hosting Services

3.1.1.

SNB Solutions shall provide to you a non-transferable, revocable, non-sublicensable, non-exclusive and limited license to use the amount of Web Site Space allocated to Your Services for your non-exclusive use for the exclusive purpose of storing Your Web Site data and disseminating said data via the Internet through the use of our Equipment for purposes consistent with this Agreement.

3.1.2.

SNB Solutions, either directly or through its assignee or licensee, shall provide Customer Service relating to Your Web Site consisting of replying to customer questions or complaints regarding services provided by us to you relating to Your Web Site. SNB Solutions is not obligated to provide any Customer Service except as specified in this Section 3. Any and all requests for additional Customer Service may be refused by us with or without reason.

3.1.3.

SNB Solutions, either directly or through its assignee or licensee, shall provide Technical Support relating to Your Web Site. Any and all requests for Technical Support may be refused by SNB Solutions with or without reason, in its sole discretion. Any Technical Support which we may subsequently agree to provide to you shall be at SNB Solution's sole discretion and once commenced, may be terminated at any time by SNB Solutions without notice to you and without any liability to us.

3.1.4.

All use of Web Site Space and provision of services to you by us shall be subject to all terms and conditions set forth herein. You may not attempt to expand or alter these rights or SNB Solution's services by entering into multiple agreements.

3.1.5.

Unless provided otherwise in the specifications for your Services, Bandwidth use, including but not limited to data retrieval from your Web Site, e-mail traffic, and downloads, shall not exceed six gigabytes per month. Your combined mailbox use per account shall not exceed twenty-five gigabytes per month. You are responsible for monitoring your Bandwidth and mailbox use, and agree to check your e-mail and download or delete your e-mail on a regular basis in order to ensure compliance with this paragraph. Should you exceed your mailbox use limits SNB Solutions may return or reject any and all e-mails sent to you to the originating sender without liability to you. You agree that SNB Solutions may debit the Payment Account for usage in excess of permitted amounts at the rates set forth in the then-current Fee Schedule.

3.1.6.

Some Services may not be available to International Customers, and we reserve the right to alter, amend, or discontinue the provision of some or all of the SNB Solutions Services to International Customers in a particular market at any time in our sole discretion.

3.1.7.

SNB Solutions may suspend performance under or terminate this Agreement, cease transmission of data associated with your domain name immediately and without notice, permanently remove Your Data from the our Equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, to comply with the relevant Laws if it is informed or otherwise believes, in its sole discretion, that Your Web Site violates the intellectual property rights of any third party or is otherwise the subject of a dispute. As more completely set forth in Sections 6, 7, and 10, you waive any and all claims you may have, now and forever, against SNB Solutions relating to the content, use, and operation of Your Web Site and agree to indemnify and hold harmless SNB Solutions from and against any such claims.

3.1.8.

You are responsible for backing up Your Data on your own computer. SNB Solutions does not warrant or otherwise guarantee that it will back up your data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of Your Data. If any of Your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, SNB Solutions will have no obligation or liability to you.

3.1.9.

SNB Solutions reserves the right to move customers to servers which are more suited for that customer’s usage, in SNB Solution’s sole discretion, and the customer agrees and understands that during any such move some or all of the our services may be unavailable or inaccessible.

3.2. Domain Name Registration

3.2.1.

Should you choose to register a domain name through SNB Solutions, we will register a second level domain name on your behalf, provided such domain name is available for registration. SNB Solutions acts only as an intermediary between you and the organization providing the domain name, and has no influence over the assignment of domain names. The registration of your domain name is subject to the terms and conditions of those third-party registrars. SNB Solutions assumes no liability in the event the domain name is unavailable or otherwise not assigned to you, and does not warrant or guarantee that assigned domain names do not infringe the rights of third parties, or that you will retain the rights to that domain name for any period of time. Upon payment in full of any and all registration fees, SNB Solutions shall not own or otherwise legally control any domain name registered on your behalf. You agree that you are responsible for any and all fees and costs related to the registration of your domain name, and you authorize SNB Solutions to debit the Payment Account for any such fees and costs. Unless terminated, at the end of each term your domain name will automatically renew for an additional term, and you further authorize SNB Solutions to debit your Payment Account for the renewal fee associated with such renewal term and any related fees or charges. Should the Payment Account provider fail to honor such debit, SNB Solutions may, in its sole discretion, release, cancel, or otherwise dispose of or utilize Your domain name as it sees fit, with no obligation to You whatsoever.

3.2.2.

You acknowledge and agree that SNB Solutions or its agents, assignees or licensees may associate any data of any kind, in our sole discretion, with the Domain Name registered in association with Your Web Site or any URL incorporating said Domain Name until you replace such data with Your Web Site, at such times as Your Web Site is no longer available, and upon termination for any reason, for as long as SNB Solutions or SNB Solution’s agent, assignee or licensee continue to be listed as the hosting entity with the domain name registry used to register such Domain Name. This paragraph shall apply to any and all web pages generated by SNB Solutions or its affiliates, including but not limited to 404 error pages.

3.2.3.

The Customer agrees and accepts that for reasons of security the Company will apply a transfer lock to protect the transfer of a domain name. The Customer will nevertheless be able to remove the transfer lock in order to allow a transfer of a domain name which has been applied for by third parties.

3.2.4.

You represent and warrant that your domain name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your domain name is otherwise in compliance with the terms of this agreement, in particular the provisions of Section 8.

3.2.5.

You shall inform us of any claim or potential claim against your domain name within five days of notification of same. Should you lose your right to use a domain name which is used in connection with the SNB Solutions Services, whether through expiration of the domain name, judicial decree, you agree to inform SNB Solutions immediately of the party to whom the domain name is to be transferred and you authorize SNB Solutions to take any and all action necessary to effect such transfer.

3.2.6.

SNB Solutions will accept the transfer of domain names from other registrars, provided however, that you will be required to pay for an initial year of registration fees upon transfer. Domain names which have been prepaid for a period of more than one year but with fewer than nine years remaining may also be transferred, subject to the payment of an initial year of registration fees. An additional year will be added on to the remaining term of any transferred domain. Domain names with more than nine years remaining on the registration period may not be transferred. Upon the expiration of the one-year extension you will be charged an annual renewal fee for any subsequent renewal period. By requesting the transfer of your domain name you authorize SNB Solutions to debit your Payment Account for the one-year registration fee and any related fees or charges.

3.2.7.

You acknowledge and agree that SNB Solutions may suspend, cancel, transfer or modify your domain name registration at any time, for any reason, at our sole discretion. Without limiting the foregoing, SNB Solutions may, in its sole discretion, suspend, cancel, transfer or modify a domain name registration:

1. to correct mistakes made by SNB Solutions, another registrar, or the applicable registry administrator,
2. to resolve a dispute related to that domain name,
3. within five (5) calendar days of the creation date of that domain name registration,
4. if you breach this Agreement (including any applicable additional rule or policy),
5. if you use a domain name in connection with unlawful activity.
6. if SNB Solutions believes, in its sole discretion, that the domain name has been registered fraudulently
7. upon receipt of a court order or other notification from a court of competent jurisdiction, an arbitration award, or other legal authority requiring the suspension, cancellation, transfer or modification of your domain name registration.

You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to any ICANN adopted policy, any registrar or registry administrator procedures, or any other ccTLD registry administrator procedures. As more completely set forth in Sections 6, 7, and 10, you waive any and all claims you may have, now and forever, against SNB Solutions relating to the suspension, cancellation, transfer or modification of your domain name registration.

3.3. Software

3.3.1.

SNB Solutions may, in its sole discretion, provide you with Software in combination with Your Services. Upon payment of all fees due and owing to SNB Solutions under this Agreement, SNB Solutions hereby grants, and you hereby accept, a nontransferable, revocable, non-sublicensable, and non-exclusive license to use the Software and all related documentation for your own personal or business use during the term of this Agreement. Any rights not expressly granted herein shall be reserved for SNB Solutions. Source code or other information pertaining to the logic design of the Software is specifically excluded from the license granted hereunder.

3.3.2.

Although certain Software may be provided free of charge, SNB Solutions reserves the right to charge for the Software or any updates thereto or upgrades therefor at any time.

3.3.3.

You recognize that the Software and all related information, including but not limited to any and all updates, improvements, modifications, enhancements, and information related to installation of the Software at your home or office, are proprietary, and that all rights thereto, including copyright, are owned by SNB Solutions. You further acknowledge that you have been advised that the Software, including updates, improvements, modifications, enhancements, and information related to installation, constitutes a trade secret of SNB Solutions, is protected by civil and criminal law, and by the law of copyright, is valuable and confidential to SNB Solutions, and that its use and disclosure must be carefully and continuously controlled.

3.3.4.

SNB Solutions shall at all times retain title to all the Software and all related information, including all updates, improvements, modifications and enhancements, furnished to you hereunder.

3.3.5.

Unless provided otherwise in the specifications for Your Services, the Software supplied hereunder is for your personal or business use. You shall not permit any third party to use the Software or allow access to the Software from sites outside of your home or business premises except as specifically authorized in writing by SNB Solutions. The Software is to be used only for the purposes specified in this Agreement and specifically as restricted in the following three subparagraphs of this Section 3.

3.3.6.

While this Agreement is in effect, or while you have custody or possession of any of the Software, you will not: (i) reproduce, copy or publicly display, or permit anyone else to reproduce, copy or publicly display, any of the SNB Solutions Software, whether such Software is in written, magnetic or any other form, except pursuant to reasonable backup procedures, or for use in Your Web Site pursuant to this Agreement, nor; (ii) provide or make the Software available to any person or entity other than your employees or agents who have a need to know consistent with your use thereof under this Agreement, nor; (iii) create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering or otherwise, the source programs or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under this Agreement, nor; (iv) copy for your own use or the use of others operator manuals, system reference guides, training materials and other user-oriented materials without the prior written consent of SNB Solutions. In order to protect SNB Solution's trade secrets and copyrights in the SNB Solutions Software, you agree to reproduce and incorporate SNB Solution's trade secrets or copyright notice in any copies, modifications or partial copies.

3.3.7.

You agree to notify SNB Solutions forthwith if you obtain information as to any unauthorized possession, use or disclosure of any SNB Solutions Software by any person or entity, and further agree to cooperate with us at SNB Solution's expense, in protecting SNB Solution's proprietary rights.

3.3.8.

Unless agreed otherwise in writing by SNB Solutions, the SNB Solutions Software may be used only on a single computer or workstation. SNB Solutions software designed for use on portable workstations may be installed on both a portable and a stationary computer but may not be used on both simultaneously. You may not install the Software on a network except to facilitate permissible installation of the Software on computers attached to the network. You warrant and guarantee that all users of the software shall be aware of and comply with the terms of this license.

3.3.9.

Certain SNB Solutions Software is provided for online use as part of the Services and the use of such software may be subject to fees as outlined in the current Fee Schedule in accordance with this Agreement. This software is hosted software which runs directly on SNB Solution’s servers, and you may not download, install, store or make any copies of it, nor may you sublicense the Software. You agree not in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Software or any copies thereof and not to assist any third party in doing so. The online Software is designed to be used through the SNB Solutions user interface and, as such, may be utilized by any authorized user from any computer or workstation. This license is automatically revoked upon termination of this Agreement SNB Solutions reserves the right to suspend the use of, modify or discontinue the Online Software for any or all customers at any time without notice. Certain Online Software is also Third Party Software, and is subject to the applicable provisions of 2.3.10. SNB Solutions may limit the functionality of any such third party Online Software, in its sole discretion.

3.3.10.

SNB Solutions provides its customers with the ability to order certain third-party software (the "Third Party Software"), depending on the hosting package ordered. Except for Third Party Software which is also Online Software, such Third Party Software is delivered to the Customers by mail and may be ordered via customer's control panel for a period of six months after the commencement of the SNB Solutions Services. The license conditions governing the use of the Third Party Software may differ from SNB Solution’s own software licenses. Customers of SNB Solutions are bound by the conditions of all licenses pertaining to such Third Party Software and should make themselves familiar with their terms and conditions. Some such Third Party Software is provided under license from Microsoft Corporation ("Microsoft Software"), and Customers using Microsoft Software are bound by the T&C Microsoft Software Products, which are incorporated herein by reference. SNB Solutions does not provide Technical Support for the Third Party Software. THE THIRD PARTY SOFTWARE IS OFFERED "AS-IS." THE PROVISION AND OFFERING OF THIRD PARTY SOFTWARE BY SNB SOLUTIONS DOES NOT CONSTITUTE AN ENDORSEMENT OF THE THIRD PARTY SOFTWARE, NOR CAN SNB SOLUTIONS MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE AND FUNCTIONALITY OF SUCH THIRD PARTY SOFTWARE.

3.3.11.

In the event of termination of this Agreement, or upon any act which shall give rise to SNB Solution's right to terminate, or upon the expiration of the license for the Software which is subject to a limited-duration license, any and all licenses granted under this Section 3.3 shall terminate automatically, and you will remove, erase or destroy the Software and documentation and all copies thereof, wherever located, without demand or notice.

3.3.12.

We may stop providing the Software or any updates thereto, including but not limited to the Online Software or the Third-Party Software, at any time without notice or any further liability to you.

3.3.13.

Software for International Customers is available for download only. Certain Software (including Third-Party Software) may not be available to International Customers.

4. FEES

4.1.

Certain SNB Solutions Services are subject to set-up, service, and domain service fees, pursuant to the Fee Schedule, and by registering for such Services you authorize SNB Solutions to debit your Payment Account for any and all such fees.

4.2.

The Fee is due in accordance with the terms of your contract, in advance of the provision of services, not later than the first of the month they are due. In the event that SNB Solutions determines that the services of a collection agency are necessary or appropriate to collect amounts due under this paragraph, which determination shall be made in SNB Solution's sole and unfettered discretion, any and all collection agency fees and other costs of collection shall be added to any amounts due under this provision.

4.3.

All Fees must be paid in advance of the provision of services. SNB Solutions will charge the Fees (including without limitation the monthly Fee, Fees for Extended Term Packages, and Fees for Minimum Term Packages), and any additional fees to the Payment Account unless specifically provided otherwise. You also agree that we may automatically debit your Payment Account, without further authorization from you, for any renewal term, additional services, and any fees or expenses applicable to Your Services or Your Website, including but not limited to fees for excessive bandwidth use or other surcharges for services in excess of those included within Your Services or Your Web Site. If payment in full is not received by us from the provider of your Payment Account or its agents, you agree to pay all amounts due from you for Your Services upon demand by SNB Solutions.

4.4.

SNB Solutions may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for Your Services. Any such promotions or modifications shall not affect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Promotional fees and special offers may not be combined.

4.5.

We offers a service uptime guarantee for the SNB Solutions Services, which provides for a credit to You in the event the total availability of SNB Solutions hosted web pages falls below 70% ("Uptime"). If You can demonstrate to SNB Solution's satisfaction, in SNB Solution's sole discretion, that SNB Solutions has failed to maintain the Uptime, You may contact us and request a credit for that month proportional to the amount of downtime, to be put towards the purchase of future Services. Credits cannot be redeemed for cash, and are exclusive of any applicable taxes. The credit does not apply to service interruptions caused by (i) periodic scheduled maintenance or repairs undertaken by SNB Solutions from time to time; (ii) downtime caused by You; (iii) outages that do not limit browser access to Your web site (for example, interruptions to your ftp service or e-mail); (iv) suspension of Your account due to legal action taken or threatened against You or Your Services; (v) suspension of Your account due violations of the GT&C, as determined in SNB Solution's sole discretion, including but not limited to excessive use of system resources, non-payment or other billing issues, or identification by the abuse team as fraudulent or otherwise in violation of the GT&C; or (vi) causes beyond the control of SNB Solutions or that are not reasonably foreseeable.

4.6.

You shall pay all costs of collection, including reasonable attorney's fees and costs, in the event any invoice requires collection efforts. All accounts referred to a collection agency shall be subject to an additional fees, which must be paid in full before the account is reactivated.

4.7.

International Customers bear the risk of currency fluctuations and any fees or taxes associated with the conversation of foreign currencies into United States Dollars. Certain Services will not be available to International Customers until SNB Solutions is able to receive satisfactory confirmation from such customer's Payment Account provider, in SNB Solution's sole discretion, that the funds will be available for debit from the International Customer's account. Orders from International Customers will not be accepted unless the country provided in the contact information matches that on file for the Payment Account.

4.8.

Upon cancellation of this Agreement you will receive a prorated refund of any pre-paid, refundable fees for the remainder of any term. Fees for certain services, including but not limited to domain name registration and maintenance, set up fees, shipping and handling, SSL certificate fees, Virus Scanner, Mail accounts and fees for the Extended Term Packages, are not refundable except as may be provided otherwise herein or unless provided otherwise by applicable local law. SNB Solutions may, in its sole discretion, refund other amounts as it deems necessary or advisable.

5. NO EXPRESS OR IMPLIED AGREEMENT TO DISSEMINATE MATERIALS WHICH ARE INCONSISTENT WITH YOUR WARRANTIES.

Receipt by SNB Solutions of data for storage in Web Site Space and/or transmission via our Equipment which are inconsistent with your warranties set forth in Section 8 herein shall not constitute an agreement by SNB Solutions to allow the Services or the SNB Solutions Equipment to be used to disseminate such information or data in whole or in part, by any means, or if once disseminated via the use of our Services or Equipment, to continue to disseminate such data.

6. NO WARRANTIES BY SNB SOLUTIONS.

THE SNB SOLUTIONS SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SNB SOLUTIONS SERVICES IS AT YOUR SOLE RISK. SNB SOLUTIONS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SNB SOLUTIONS SERVICES. NO WARRANTY IS MADE BY SNB SOLUTIONS REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND SNB SOLUTIONS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR WEB SITE; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SNB SOLUTIONS DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEB SITE OR ANY OTHER PERSON'S OR ENTITY'S WEB SITE OR WEB PAGE.

7. SNB SOLUTION'S LIMITED LIABILITY.

YOU’RE SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL SNB SOLUTIONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE SNB SOLUTIONS SERVICES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES OR JURISDICTIONS, SNB SOLUTION'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, SNB SOLUTIONS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE SNB SOLUTIONS SERVICES, AND SNB SOLUTIONS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE SNB SOLUTIONS FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF SNB SOLUTIONS FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO SNB SOLUTIONS IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, BUT IN NO EVENT TO EXCEED $1,000.

8. YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES.

8.1.

You agree and warrant that the contact information you have provided to us is complete and accurate, and you further agree to notify us within fifteen days of a change to any such contact information. Contact information includes your full legal name, e-mail address, and mailing address and the name, mailing address, telephone number, facsimile number, and e-mail address of the technical and administrative contacts for your domain, if any.

8.2.

You agree to provide us notice of any changes in the primary or secondary DNS address of your name servers, to the extent you have installed and are operating those name servers or to the extent your domain name is held by another registrar and points to a website hosted by SNB Solutions.

8.3.

You agree and warrant that your use of the our Services and Equipment, and all sales and distributions, by any and all means, of any type(s) of Content including, but not limited to, executable files (such as .EXE), digitized audio/visual files (such as MP3), or archived copies of copyrighted works (such as .ZIP); goods, including, but not limited to, videotapes and CD-ROM products, and any type of services by you, which are advertised and/or promoted by, or are in any other way directly or indirectly associated with your use of the SNB Solutions Services or Equipment, shall at all times comply with all applicable Laws.

8.4.

You agree and warrant that you will neither store on nor allow to be transmitted by SNB Solution's Equipment any data or other matter which constitutes, contains, or links to child pornography or which involves depictions of sexuality by someone who is or looks younger than eighteen years of age, regardless of their actual age, or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age, or which could otherwise result from or cause harm to minors.

8.5.

You agree and warrant that Your Data shall be solely for business, entertainment and/or educational purposes and that you shall assume the sole responsibility and duty to ensure that all such data, visual materials, advertising and other matter shall be transmitted exclusively to willing adults and only to places in which such materials comply with contemporary community standards.

8.6.

You agree and warrant that Your Data shall not violate any Laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, rape, sexual assault, violence, torture or disfigurement, or other content deemed objectionable by SNB Solutions, in its sole discretion.

8.7.

You agree that you shall install and maintain appropriate and effective screening devices and/or procedures on Your Web Site to avoid access to, or communication of, any harmful matter or indecent communications to minors.

8.8.

You agree that if, in SNB Solution's sole and exclusive judgment, SNB Solutions concludes that Your Web Site displays, contains or links to any harmful matter or indecent materials or communications which are available to, or accessible by, minors, or displays or contains any material that consists of child pornography or which could otherwise result in harm to minors; then SNB Solutions may, without prior notice to you and in SNB Solution's sole and exclusive discretion, either remove and erase the material from Your Web Site, and/or disable public access to the material on Your Web Site, and/or cease hosting Your Web Site, without any liability of any kind to SNB Solutions from either you or any third party.

8.9.

You agree that in the event that SNB Solutions is informed by any party that your domain name or any material on Your Web Site infringes the copyright of any party, or violates the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then we may, without prior notice to you and in our sole and exclusive discretion, either remove the material from Your Web Site, and/or disable public access to your domain name or the material on Your Web Site, and/or terminate this Agreement, without any liability of any kind to SNB Solutions from either you or any third party. As more completely set forth in Sections 6, 7 and 10, you waive any and all claims you may have, now and forever, against SNB Solutions relating to any action taken in response to the claim that you have infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless SNB Solutions from and against any such claims.

8.10.

You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the Mexico and throughout the world, to reproduce and disseminate, via the Internet, Your Data or Content which you otherwise promote, advertise, disseminate and/or distribute to anyone by your direct or indirect use of the SNB Solutions Services or Equipment, prior to and at all times during the time such materials are promoted, advertised, disseminated or distributed through any direct or indirect use of the SNB Solutions Services or Equipment.

8.11.

You agree and warrant that Your Data shall not constitute or contain or link to material which is libelous, slanderous, defamatory, or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights. You agree not to collect the personally identifiable data of any person without that person's consent, records of which shall be maintained throughout the term of this Agreement and for three years afterward. If you collect this data through Your Web Site you shall do so only pursuant to a posted privacy policy disclosing any and all uses of such identifiable data and in compliance with applicable law.

8.12.

You agree and warrant that Your Data shall not contain or link to any material which is harmful, violent, threatening, abusive or hateful.

8.13.

You agree and warrant that Your Data and any and all material(s) of every kind which you transmit using our Services or Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software "viruses", "worms", "Trojan Horses," and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system. You agree that you will not attempt to access the our Equipment or Web Site or another customer's Web Site without authorization, or use the SNB Solutions Services to carry out, or assist in the carrying out of, any "denial of service" attacks on any other website or internet service.

8.14.

You agree and warrant that you shall not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of "spamming," "phishing," or "mail bombing," and SNBSolutions reserves the right to block mail from any source which believes, in its sole discretion, is being used to send such unsolicited e-mail, including but not limited to open mail relays.

8.15.

You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of the SNB SOLUTIONS Services or Equipment.

8.16.

You shall at all times use Web Site Space exclusively as a conventional Web Site. You shall not use the Web Site Space or Your Services in any way which may result in an excessive load on the SNB Solution’s Equipment, including but not limited to installing or running web proxies, using your allotted space as online backup or storage, or mirroring mass downloads. Use of Web Site Space and Your Services shall be in a manner consistent with this Agreement and shall not in any way impair the functioning or operation of SNB Solution's Equipment or network. Should your use of the SNB Solutions Services result in an overly high load on the Equipment, in SNB Solution's sole discretion, we may suspend your account until the cause of any such overload is determined and resolved.

8.17.

You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of the SNB Solutions Services and that no taxing authorities shall have any claim against us or any persons affiliated therewith for the payment of such taxes.

8.18.

You represent and warrant that you are over eighteen years of age (twenty one in places where eighteen years is not the age of majority) and are fully competent to enter into this Agreement.

8.19.

You agree to comply with all Laws rules regarding online conduct and acceptable Content.

8.20.

You understand that your website may be hosted and accessed in the Mexico and in other countries around the world, and you agree to abide by Mexican law, the local laws of other jurisdictions where your website may be hosted or accessed, and any other applicable export control laws and not to transfer or permit the transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization; you agree that SNB Solutions may remove content, restrict access, or shut down your website if, in SNB Solution's discretion, your website or any of its content is not in compliance with applicable law. You further agree not to upload to your SNB Solution’s account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

8.21.

You agree not to use your IMAP account for the storage of files other than in the course of normal e-mail usage.

8.22.

You shall not operate a chat room using the SNB Solutions Services unless expressly permitted by the terms and conditions of Your Services.

9. CONFIDENTIALITY, TRADEMARK, AND COPYRIGHT

9.1

During the course of this Agreement you may gain access to certain confidential, proprietary and trade secret business or technical information belonging to SNB Solutions in connection with SNB Solution's performance of the SNB Solutions Services ("Confidential Information"). You agree to preserve the confidentiality of all Confidential Information that is provided in connection with the Agreement, and shall not, without the prior written consent of SNB Solutions, disclose or make available to any person, or use for your own or any other person's benefit, other than as necessary in performance of your obligations under this Agreement, any Confidential Information of SNB Solutions. SNB Solutions retains all right and title to such Confidential Information.

9.2

SNB Solutions is a trade mark of Adriana Berenice Magallanes Laveaga. All rights reserved. The trademarks, logos, and service marks displayed on this Web Site (collectively, the "Marks") belong SNB Solutions and/or its affiliates or third parties which have licensed those rights to SNB Solutions ("Partners"); SNB Solutions and Partners retain all rights to the Marks and nothing in this Agreement grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent. All other trademarks, product names, and company names and logos appearing on SNB Solution's Web Site are the property of their respective owners.

9.3

Unless expressly stated otherwise on the SNB Solutions Web Site, you should assume that all content, images, and materials appearing on this Web Site (collectively the "SNB Solutions Content") are the sole property of SNB Solutions. Both Mexican and international copyright laws and treaties protect such SNB Solutions Content. You may not use, reproduce, display, or sell any SNB Solutions Content without SNB Solution's prior written consent. You may not link to any page within SNB Solution's Web Site or frame any portion of the site without SNB Solution's prior written consent.

10. YOUR INDEMNIFICATION OF SNB SOLUTIONS.

You agree that you shall fully defend and indemnify SNB Solutions, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys' fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement, including, but not limited to, your warranties set forth in Section 8 or your violation of a third party's intellectual property rights. You further agree to defend, indemnify and hold harmless SNB Solutions, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that SNB Solutions shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.

11. NO JOINT VENTURE OR PARTNERSHIP

Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between SNB Solutions and you, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between SNB Solutions and you. SNB Solutions shall have no control or ownership interests of any kind in your business. SNB Solutions shall have no direct financial or other interest in, nor in any way "own" any online "store" or other online venture pertaining to your use of the SNB Solutions Services or Equipment. SNB Solution's relationship to you shall be restricted to matters pertaining to the provision of the SNB Solutions Services as set forth in this agreement.

12. SNB SOLUTIONS HAS MADE NO REPRESENTATIONS REGARDING SUCCESS, MARKETS OR PROFITABILITY

12.1.

You confirm that you have unilaterally decided to enter the online and/or Web Site service business and that these are high risk businesses. You further confirm, understand, acknowledge and expressly agree that neither SNB Solutions, any agent or representative of SNB Solutions, nor any other person is currently representing or otherwise directly or indirectly communicating in any manner herein or otherwise, nor has at any time in the past, represented to you or has otherwise directly or indirectly communicated in any manner to you any guarantee, reassurance or any other communication of any kind regarding:

12.1.1.

the potential profitability, marketability, or likelihood of success of your endeavors through the use of the SNB Solutions Services or Equipment as set forth herein or otherwise;

12.1.2.

the possibility or likelihood that use of any products and/or services provided by SNB Solutions pursuant to this Agreement can or will result in the recoupment of any funds expended by you for any purpose; or

12.1.3.

the existence, nonexistence, size or any other characteristics of any market for any products or services which involve your use, in any manner, of the SNB Solutions Services or Equipment pursuant to this Agreement.

12.2.

You expressly acknowledge and agree that the success of any business endeavors which involve your use, in any manner, of the SNB Solutions Services and/or Equipment pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of its advertising and promotion, your administrative capabilities, etc., and that the ultimate success or failure of your business rests with you and not SNB Solutions. You further expressly agree not to raise any claim of any kind against SNB Solutions and to hold SNB Solutions harmless from any claim of financial investment or other loss to you directly or indirectly resulting from your decision to use the SNB Solutions Services and/or Equipment pursuant to this Agreement.

13. SERVICES RENDERED ON A NON-EXCLUSIVE BASIS.

Any and all services which are or may be provided to you by SNB Solutions pursuant to this Agreement, including the licensure of rights herein, are non-exclusive and nothing in this Agreement shall limit or restrict SNB Solutions from providing similar services and granting similar licenses to third parties regardless of whether such third parties are competitors of you. Nothing in this Agreement shall limit or restrict SNB Solutions from engaging in any activities similar to yours or in competition with you.

14. NO EDITORIAL CONTROL BY SNB SOLUTIONS.

In reliance on your express warranties regarding Your Data, SNB Solutions shall neither have nor exert any editorial or other subjective control over the substantive content of Your Data. SNB Solutions does not engage in any monitoring of Your Data, and exercises no control over information which is found on the internet, except for its own Web Site. SNB Solutions cannot be held responsible for the accuracy, correctness, or legality of such information. You are solely responsible for the content of Your Web Site and for verifying the accuracy and suitability of information and services you obtain from third parties via the internet.

15. PRIVACY.

15.1.

It is SNB Solution's policy to respect your privacy. SNB Solutions will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless SNB Solutions deems it necessary, in its sole discretion, to:

15.1.1.

comply with legal process or other legal requirements, including but not limited to responding to civil or criminal subpoenas, search warrants, national security letters, or other requests for information from law enforcement officials;

15.1.2.

protect and defend the rights or property of SNB Solutions or its officers, agents, affiliates, and licensees;

15.1.3.

enforce this Agreement; or

15.1.4.

protect the interests of other SNB Solutions customers.

15.2.

NOTWITHSTANDING THE PROVISIONS OF THIS AGREEMENT TO THE CONTRARY, SNB SOLUTIONS RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO THE USE OF A USER'S MAIN ACCOUNT AND ANY SUB-ACCOUNTS, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT OR TO ASSIST WITH CRIMINAL OR CIVIL INVESTIGATIONS.

15.3.

Your IP address is transmitted and recorded with each message you send using the SNB Solutions Services. SNB Solutions does provide certain information in aggregate form collected from and relating to you to third persons such as advertisers. For a more detailed description of the types and uses of personal information collected from you, please read the SNB Solutions Privacy Policy.

15.4.

YOU FURTHER AGREE THAT THE PERSONAL INFORMATION WHICH YOU GIVE SNB SOLUTIONS WILL BE TRANSFERRED TO AND MAINTAINED IN MEXICO, BULGARIA, FRANCE, USA AND OTHER COUNTRIES; INCLUDING WITHOUT LIMITATION COUNTRIES IN THE EUROPEAN UNION AND ELSEWHERE. IF YOU DO NOT CONSENT TO THE TRANSFER OF YOUR PERSONAL INFORMATION INTO AND OUT OF YOUR COUNTRY OF ORIGIN OR RESIDENCE, DO NOT ACCEPT THESE TERMS AND CONDITIONS FOR THE SNB SOLUTIONS SERVICE. YOU FURTHER UNDERSTAND AND AGREE THAT REGARDLESS OF YOUR COUNTRY OF RESIDENCE SNB SOLUTIONS MAY DISCLOSE PERSONAL INFORMATION ABOUT YOU AND YOUR WEBSITE OR DOMAIN NAMES PURSUANT TO THIS SECTION, AND YOU EXPLICITLY WAIVE ANY RIGHTS TO PRIVACY OR PROTECTION OF PERSONAL DATA RELATING TO SUCH INFORMATION TO THE FULLEST EXTENT PERMITTED UNDER NATIONAL AND INTERNATIONAL LAW.

16. SEVERABILITY.

In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.

17. NON-ENFORCEMENT DOES NOT CONSTITUTE WAIVER.

Failure of SNB Solutions at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by duly authorized representative of SNB Solutions.

18. NOTICES.

18.1.

SNB Solutions may provide notice to you via e-mail sent to the e-mail address provided by you upon registration or as subsequently provided by you to SNB Solutions. Such notice is deemed effective whether you receive it or not and shall be deemed written notice for the purposes of this Agreement.

18.2.

You may provide notice to SNB Solutions in one of the following ways:

18.2.1.

by personal delivery;

18.2.2.

by Correos de Mexico;

18.2.3.

by facsimile transmission; or

18.2.4.

by e-mail and registered or certified mail.

18.3.

Such notice, statement or other document so delivered to SNB Solutions, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt. Notice by e-mail to SNB Solutions shall be deemed ineffective, null and void unless a copy of such notice is also sent by registered or certified mail, and postmarked not more than five days subsequent to the giving of e-mail notice. Any such e-mail notice to SNB Solutions shall be deemed effective as of the date on which SNB Solutions receives the certified or registered mail notice.

19. FORCE MAJEURE.

19.1.

In the event of "force majeure" (as defined below), SNB Solutions may terminate this Agreement without liability to you. For purposes of the Agreement, "force majeure" shall mean circumstances or occurrences beyond SNB Solution's reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which SNB Solutions cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which the SNB Solutions Services are located or maintained or through which the SNB Solutions Services are provided, and non-availability of any permits, licenses and/or authorizations required by governmental authority.

19.2.

SNB Solutions reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SNB Solutions Services (or any part thereof) with or without notice. You agree that SNB Solutions shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SNB Solutions Services.

20. NO ASSIGNMENT BY YOU; ASSIGNMENT BY SNB SOLUTIONS.

This Agreement and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you without SNB Solution's prior written consent. In particular, you may not sell accounts or subaccounts to third parties. Notwithstanding the above, this Agreement shall be binding upon your successors and assigns, if any. SNB Solutions may assign or license any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion.

21. ARBITRATION AND WAIVER OF JURY TRIAL.

21.1.

ANY AND ALL DISPUTES AS TO THE INTERPRETATION OF OR ANY PERFORMANCE UNDER THIS AGREEMENT WHICH ARE NOT FIRST RESOLVED INFORMALLY, SHALL BE DETERMINED BY BINDING ARBITRATION IN CABO SAN LUCAS, BAJA CALIFORNIA. Any award arising out of such arbitration shall be subject to entry as a judgment by any court of competent jurisdiction in Mexico. Any action to confirm or vacate such an award must be brought in the Court of Cabo San Lucas, Baja California Sur. You consent to personal jurisdiction and venue in such courts and you waive any challenge to personal jurisdiction or venue in such courts. You further agree that SNB Solutions shall be entitled to collect its attorneys' fees, costs and other expenses in the event that SNB Solutions acts to enforce this arbitration and forum selection clause, regardless of whether SNB Solutions prevails in the underlying action. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof.

21.2.

Notwithstanding the provisions of Section 21.1, if you fail to timely pay amounts due SNB Solutions may assign your account for collection and the collections agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permitted by Law or this Agreement.

21.3.

Nothing in Section 21.1 shall preclude SNB Solutions from: (i) seeking and obtaining any injunctive relief or attachment and expedited discovery or other equitable relief to enforce the terms of this Agreement or to remedy a breach thereof, or (ii) bringing an action to enforce this Agreement or the provisions, will not or cannot arbitrate a particular dispute.

21.4

In addition to the foregoing, YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND SNB SOLUTIONS THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this paragraph are waived.

21.5

Neither you nor SNB Solutions may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. YOU AND SNB SOLUTIONS ACKNOWLEDGE THAT THIS SECTION 21.5 WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION

21.6

This Agreement shall be interpreted according to the laws of Baja California Sur, Mexico.

22. ENTIRE AGREEMENT.

This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of SNB Solutions or you has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and SNB Solutions and you hereby acknowledge and agree that neither SNB Solutions nor you have executed this Agreement in reliance upon any such representation or promise.

23. MODIFICATION.

23.1.

This Agreement may be materially altered by SNB Solutions by posting the new version of the Agreement at www.snb-bg.com and if posted in this manner, shall be effective immediately upon posting such notice. In the event that SNB Solutions does materially change the terms of this Agreement, you accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of the posting of notice of such change.

23.2.

You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of SNB Solutions. No additional or conflicting term in any other document used by you will have any legal effect.

24. STATUTE OF LIMITATIONS.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.



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