Terms & Conditions

Acceptable Use Policy (AUP)
Here you will find links to US Digital 24’s policies regarding its hosted services. Please read the terms of service carefully. The policies help to maintain consistency in services and service expectations.
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User Agreement
This User Agreement (“Agreement”) is an agreement between US Digital 24 INFO PRIVATE LIMITEDINFO PRIVATE LIMITED, (“US Digital 24”), a Indian corporation, and the party set forth in the related order form (“Customer” or “You”) incorporated herein by reference (any subsequent order forms submitted by Customer, the “Order Form”), and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the “Services”). SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN THE CUSTOMER AND US Digital 24, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION, AND THIS USER AGREEMENT AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING US Digital 24 ‘s USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

Acceptable Use Policy
Under this Agreement, the Customer shall comply with US Digital 24’s then-current Acceptable Use Policy (.AUP.), as amended, modified, or updated from time to time by US Digital 24, which currently can be viewed under the Policies section of this website, and which is incorporated in this Agreement by reference. The customer hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. US Digital 24 does not intend to systematically monitor the content that is submitted to, stored on or distributed, or disseminated by the Customer via the Service (the “Customer Content”). Customer Content includes the content of the Customer’s customers and/or users of the Customer’s website. Accordingly, under this Agreement, You will be responsible for your customer’s content and activities on your website. Notwithstanding anything to the contrary contained in this Agreement, US Digital 24 may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the AUP. In the event US Digital 24 takes corrective action due to a violation of the AUP, US Digital 24 shall not refund to the Customer any fees paid in advance of such corrective action. Customer hereby agrees that US Digital 24 shall have no liability to Customer or any of Customer’s customers due to any corrective action that US Digital 24 may take (including, without limitation, disconnection of Services).

Customer’s Responsibilities
The customer is solely responsible for the quality, performance, and all other aspects of the Customer Content and the goods or services provided through the Customer’s website. The customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Customer website and any goods or services described therein, as well as any rules, terms, or conditions of use. Because the Services permit Customer to electronically transmit or upload content directly to the Customer website, Customer shall be fully responsible for uploading all content to the Customer website and supplementing, modifying, and updating the Customer website, including all backups. The customer is also responsible for ensuring that the Customer Content and all aspects of the Customer website are compatible with the hardware and software used by US Digital 24 to provide the Services, as the same may be changed by US Digital 24 from time to time. Specifications for the hardware and software used by US Digital 24 to provide the Services will be available on US Digital 24’S website. The customer shall periodically access US Digital 24’S website to determine if US Digital 24 has made any changes thereto. US Digital 24 shall not be responsible for any damages to the Customer Content, the Customer website, or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer website to be compatible with the hardware and software used by US Digital 24 to provide the Services. Even though US Digital 24 does make daily, weekly, and monthly backups Customer is solely responsible for making backup copies of the Customer’s website and Customer Content. Comply with all licensing requirements necessary for applications/tools installed on your server. For Virtual Dedicated Servers; Hosted Desktops/VDI’s, you are responsible for understanding the regulatory/software usage requirements applicable to your business/software and for selecting and using those software’s /applications/ services in a manner that complies with the applicable requirements of the software. Except for software licenses sold by US Digital 24, you are solely responsible for procuring all licenses which you install on your server and meeting licensing compliance. You are solely responsible for determining the suitability of the Services and licensing for your use in light of any applicable regulations and/or other applicable licensing laws and regulations.

Customers Representations And Warranties
Customer hereby represents and warrants to US Digital 24, and agrees that during the Initial Term and any Term thereafter Customer will ensure that: Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers, and releases for the use of the Customer Content and each element thereof, including, without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by US Digital 24 to pay any fees, residuals, guild payments or other compensation of any kind to any person. Customer’s use, publication, and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret, or other proprietary or intellectual property right of any person, or constitute defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any .moral right. Or similar right however denominated. Customer will comply with all applicable laws, rules, and regulations regarding the Customer Content and the Customer website and will use the Customer website only for lawful purposes. Customer has used its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, Trojan horses, and other malicious code. Customer shall be solely responsible for the development, operation, and maintenance of Customer’s website, online store, and e-commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer’s products, including, without limitation the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing, and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its website and online store. Customer grants US Digital 24 the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services. In addition to transactions entered into by Customer on Your behalf, Customer also agrees to be bound by the terms of this Agreement for transactions entered into on Customer’s behalf by anyone acting as Customer’s agent, and transactions entered into by anyone who uses Customer’s account, whether or not the transactions were on Customer’s behalf.

License To US Digital 24
Customer hereby grants to US Digital 24 a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the order: Digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly perform and hyperlink the Customer Content; and make archival or backup copies of the Customer Content and the Customer website. Except for the rights expressly granted above, US Digital 24 is not acquiring any right, title, or interest in or to the Customer Content, all of which shall remain solely with the Customer. US Digital 24, in its sole discretion, reserves the right (1) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, Customer’s Content and/or website(s)), and/or (2) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. The customer further agrees that US Digital 24 shall not be liable to the Customer for any loss or damages that may result from such conduct.

Indemnification
Customer agrees to indemnify, defend and hold harmless US Digital 24 and its parent, subsidiary, and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys, and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer’s use of the Services, (ii) any violation by Customer of the AUP, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.

US Digital 24 As Reseller Or Licensor
US Digital 24 is acting only as a reseller or licensor of the hardware, software, and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party (“Non- US Digital 24 Product”). US Digital 24 shall not be responsible for any changes in the Services that cause the Non- US Digital 24 Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non- US Digital 24 Product either sold, licensed, or provided by US Digital 24 to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of US Digital 24’s obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non- US Digital 24 Product are limited to those rights extended to Customer by the manufacturer of such Non- US Digital 24 Product. The customer is entitled to use any Non- US Digital 24 Product supplied by US Digital 24 only in connection with the Customer’s permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by US Digital 24 to Customer through any Non- US Digital 24 Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export, or re-export any Non- US Digital 24 Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
Internet Protocol (IP) Address Ownership
If US Digital 24 assigns Customer an Internet Protocol (.IP.) address for Customer’s use, the right to use that IP address shall belong only to US Digital 24, and Customer shall have no right to use that IP address except as permitted by US Digital 24 in its sole and absolute discretion in connection with the Services, during the term of this Agreement. US Digital 24 shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by US Digital 24, and US Digital 24 reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Server Resource
It is in the sole and absolute discretion of US Digital 24 to determine if the Customer is using the server resources fairly and to maintain the proper level of uptime for other Customers on the server. US Digital 24 will monitor Customer’s usage and shall have the right to take corrective action such as disconnection or discontinuance of any and all Services, or termination of this Agreement.
The Customer Agrees To Use All Services And Any Information Obtained Through Or From US Digital 24, At The Customer’s Own Risk.
The customer acknowledges and agrees that US Digital 24 exercises no control over, and accepts no responsibility for, the content of the information passing through US Digital 24’s host computers, network hubs, and points of presence or the internet. The services provided under this agreement are provided on an as-is, as-available basis. None of US Digital 24, its parent, subsidiary, or affiliated corporations, or any of their respective employees, officers, directors, shareholders, affiliates, agents, attorneys, suppliers, third-party information providers, merchants, licensors, or the like (each, an “US Digital 24 person”) make any warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services or any equipment US Digital 24 provides. No US Digital 24 person makes any warranties that the services will not be interrupted or error-free; nor do any of them make any warranties as to the results that may be obtained from the use of the services or as to the accuracy, reliability, or content of any information, services or merchandise contained in or provided through the services. US Digital 24 is not liable and expressly disclaims any liability, for the content of any data transferred either to or from the customer or stored by the customer or any of the customer’s customers via the services provided by US Digital 24. No oral advice or written information given by any Apps4Rent person will create a warranty; nor may you rely on any such information or advice. The terms of this section shall survive any termination of this agreement.

Limited Warranty
US Digital 24 represents and warrants to the Customer that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by APPS4RENT generally to its other customers for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies US Digital 24, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. Customer’s sole and exclusive remedy, and US Digital 24‘s sole obligation, for breach of the foregoing warranties, shall be for US Digital 24, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly service fees pro-rated by the number of hours in which the Services have been interrupted. US Digital 24 may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers. The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of US Digital 24’s reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties, or (c) that resulted from Customer’s equipment or any third-party equipment not within the sole control of US Digital 24. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, US Digital 24 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND US Digital 24 HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO THE CUSTOMER HEREUNDER IS PROVIDED. AS IS. WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. US Digital 24 DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Billing And Payment
Unless otherwise specified, all fees and related charges shall be due and payable the date they are invoiced. If any invoice is not paid within seven (7) days after the date of the invoice, US Digital 24 may charge Customer a late fee. If any check is returned for insufficient funds US Digital 24 may impose a processing charge of $25.00. In the event that any amount due to US Digital 24 remains unpaid seven (7) days after such payment is due, US Digital 24, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. There may be an administrative charge to reinstate accounts that have been suspended or terminated. Any length of time shorter than one month of service is billed as a whole month of service for all packages.

Policy For Service

Continuation, Suspension, Termination & Cancellation
The Initial Term shall begin upon agreement of US Digital 24’s Policies by the Customer, commencement of the Services to Customer, and/or receipt of lawful funds. The term’s length is chosen by the customer and shall be indicated in the order form. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party 30 days in advance of the renewal/anniversary date as provided herein. This agreement may be terminated by the Customer before the renewal/anniversary date by giving US Digital 24 notice at least 30 days prior to the renewal/anniversary date of the Term (Customers hereby agree and understands that they must strictly follow the process mentioned in www.US Digital 24.net/cancel.html in order to provide notice for terminating services as described herein), or by US Digital 24 in the event of nonpayment or non-compliance by Customer, at any time, without notice, if in US Digital 24’s sole judgment Customer has in any way breached this Agreement (Termination for Cause). If the Customer fails to keep their appropriate method of payment updated at any time, US Digital 24 may in its sole discretion terminate the account without any prior notice and/or forward the account to a 3rd (third) party collections agency if any funds are outstanding on any account which has not been canceled by the Customer as per the process defined in www.US Digital 24.net/cancel.html. APPS4RENT may also terminate this agreement in its sole discretion at any time for any or no reason, by giving the Customer 72 hours’ notice to the email address customer keeps on file with US Digital 24. In the event of US Digital 24 executing such termination prior to the renewal/anniversary date, US Digital 24’s sole liability may be to issue a prorated credit for the Customer’s unused prepaid service fees. Liability is limited to circumstance and may not be invoked by the Customer is in violation of any company Policies. If US Digital 24 cancels this agreement pursuant to any of the terms outlined in this agreement, with the exception of Termination without Cause, US Digital 24 shall not credit Customer any fees paid or prepaid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that US Digital 24 terminates the agreement based on Termination with Cause, all prepaid hosting fees will be forfeited, and no credit will be issued. US Digital 24 reserves the right to terminate the Services, if the Customer’s usage of the Services results in, or is the subject of, legal action or threatened legal action, against US Digital 24 or any of its affiliates, partners, owners, employees, or agents, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Any account affiliated with a Chargeback Dispute may be suspended without any prior notice. Any Chargeback Disputes resulting in the deduction of funds from US Digital 24 are considered to be in bad faith and any amounts outstanding from there on will be forwarded to a 3rd (third) party collections agency. Any collections agency fees shall be paid directly to US Digital 24 or upon the request for collection from the agency assigned by APPS4RENT. There may be a minimum fee of US $99.95 for any and all Credit Card Chargeback disputes. The customer acknowledges and agrees that sending a notification e-mail to cancel@US Digital 24.net is the ONLY ACCEPTABLE METHOD TO CANCEL a Web hosting account with US Digital 24 to avoid occurrences such as an automatic renewal. Any cancellation requests sent to or directed to US Digital 24 by telephone, any other email ID, and/or regular mail shall be null and void. The customer also agrees that any request for credit shall be forfeited, if the cancellation notice is not sent to cancel@US Digital 24.net to cancel a Web hosting account.
Limitation Of Liability
US Digital 24 CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION, OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. US Digital 24 WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION, OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION, OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM. EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES. The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort, or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 15(c) shall not apply to the Customer’s indemnification obligations. Notwithstanding anything to the contrary in this Agreement, US Digital 24’S maximum liability under this Agreement for all damages, losses, costs, and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory, or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. Customer understands, acknowledges, and agrees that if US Digital 24 takes any corrective action under this Agreement because of an action of Customer or one of its customers or a reseller, that corrective action may adversely affect other customers of Customer or other reseller customers, and Customer agrees that US Digital 24 shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by US Digital 24. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
Miscellaneous
Independent Contractor:US Digital 24 and Customer are independent contractors and nothing contained in this Agreement places US Digital 24 and Customer in the relationship of principal and agent, master and servant, partners or joint venture’s. 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.
Governing Law & Jurisdiction: Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement, or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. ANY SUIT, ACTION, OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN Los Angeles, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Headings
The headings herein are for convenience only and are not part of this Agreement.
Entire Agreement; Amendments
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations, and agreements between the parties concerning the subject matter hereof. This Agreement constitutes the sole and entire agreement between the parties concerning the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence, or other communication of Customer or US Digital 24, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be practical unless approved in writing by an authorized representative of Customer and US Digital 24. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by US Digital 24 in its sole discretion, which modifications will be effective upon posting to US Digital 24’S website.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this US Digital 24 shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Notices
All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows or to electronically to the e-mail addresses of record on file.
Waiver
No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
Assignment Successors
Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of US Digital 24. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. US Digital 24 may assign its rights and obligations under this Agreement and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of the Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Limitations Of Actions
No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.
Counterparts
If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, US Digital 24’s records of such execution shall be presumed accurate unless proven otherwise.
Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Government Regulations
Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.
Marketing
Customer agrees that during the term of this Agreement US Digital 24 may publicly refer to Customer, orally and in writing, as a customer of US Digital 24. Any other public reference to Customer by US Digital 24 requires the written consent of the Customer.

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