Common use of Cancellation Process Clause in Contracts

Cancellation Process. You may terminate or cancel the services at the end of the 12 month term. Please contact us so we may know of your intention to cancel. Once we receive your cancellation notice and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. We require all cancellations to be done through the email in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account will be removed permanently seven (7) days after a cancellation request is processed. SMW may terminate your access to the services, in whole or in part, without notice in the event that: (i) you fail to make any payments due; (ii) you violate this Agreement; (iii) your conduct may harm SMW or others or cause SMW or others to incur liability, as determined by SMW in our sole discretion; or (iv) as otherwise specified in this agreement. In such event, SMW shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, SMW may charge you for all fees due for the services for the remaining portion of the then current term. All use of hosting space provided by SMW is subject to the terms of this agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of user websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. SMW expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this agreement or the Acceptable Use Policy. SMW may, in our sole discretion, terminate access to the services, apply additional fees, or remove or delete user content for those accounts that are found to be in violation of SMW's terms and conditions. Please note that manually installing modules and bypassing WHM/cPanel could render your management with us void.

Cancellation Process. You may terminate or cancel the Services by giving One World Rhythm written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) One World Rhythm may, in our sole discretion, refund all pre-paid fees for services at for the end full months remaining after the effectiveness of the 12 such cancellation (i.e. no partial month term. Please contact us so we may know fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of your intention to cancelthis Agreement. Once we receive your cancellation notice form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received. " One World Rhythm will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone. We require all cancellations to be done through the email online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails data to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, data and account will may be removed immediately and permanently seven (7) days after a cancellation request is processed. SMW may terminate your access IN NO EVENT WILL ONE WORLD RHYTHM ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF ONE WORLD RHYTHM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ONE WORLD RHYTHM'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ONE WORLD RHYTHM FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. You agree to indemnify, defend and hold harmless One World Rhythm, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the services"Indemnified Parties") from and against any and all claims, in whole damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or in partadministrative), without notice in and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the event that: Indemnified Parties arising out of or relating to (i) you fail to make any payments due; your use of the Services, (ii) any breach or violation by you violate of this Agreement; or (iii) your conduct may harm SMW any acts or others or cause SMW or others to incur liability, as determined omissions by SMW in our sole discretion; or (iv) as otherwise specified in this agreementyou. In such event, SMW shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, SMW may charge you for all fees due for the services for the remaining portion of the then current term. All use of hosting space provided by SMW is subject to the The terms of this agreement section shall survive any termination of this Agreement. By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by One World Rhythm and will be held at the Acceptable Use PolicyAAA location chosen by One World Rhythm in California. Shared hosting space may only Payment of all filing, administrative and arbitrator fees will be used governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, One World Rhythm will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for web filesany claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, active email and content of user websitesnot any state arbitration law, governs all arbitration under this paragraph. Shared hosting space All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and One World Rhythm alone. Claims may not be used for storage (whether of media, emails, joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other data), including, as offsite storage of electronic files, email or FTP hosts. SMW expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a proceeding against One World Rhythm in violation of this agreement paragraph, you agree to pay One World Rhythm’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph. One World Rhythm and User are independent contractors and nothing contained in this Agreement places One World Rhythm and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the Acceptable Use Policybreach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of California. SMW may, in our sole discretion, terminate access The United Nations Convention on Contracts for the International Sale of Goods does not apply to the services, apply additional fees, or remove or delete user content for those accounts that are found to be in violation of SMW's terms and conditions. Please note that manually installing modules and bypassing WHM/cPanel could render your management with us voidthis Agreement.