Terms & Conditions

Terms & Conditions

Updated: March 28, 2023

Welcome to AOP!  These terms and conditions (“Terms”) constitute a valid and binding agreement between Advanced Office Products, Inc. (together with its affiliates, successors and assigns “AOP,” “we,” or “us”) and you (“Customer,” “you,” or “your”).  These Terms explain the terms by which you may use our online and/or mobile services, application, website, and software provided by or in connection with the service (collectively the “Services”). These Terms together with the applicable Order Form and applicable service agreement(s) (i.e. Fiber Terms and/or Hosting Terms), as well as any documents referenced herein including but not limited to AOP’s Acceptable Use Policy, collectively form the “Agreement.”  In the event of any conflict between these Terms and any other agreement, the documents will control in the following order: (1) Order Form, (2) applicable service agreement, (3) Acceptable Use Policy, (4) these Terms.  

By accessing or using the Services, you signify that you have read, understood, and agree to be bound by the terms herein. If you do not agree, you may not use the Services. You may only access and use the Services in accordance with this Agreement.  You will adhere to all laws, rules, and regulations applicable to your use of the Services. 

You represent to us that you are lawfully able to enter into contracts. You must be at least 18 years of age (or the age of legal majority in your jurisdiction if different than 18) to be eligible to use the Services. Any use or access to the Services by anyone under 13 is strictly prohibited and in violation of this Agreement. In certain instances, AOP may require you to provide proof of identity to create your account, or to access or use the Services, and you acknowledge and agree that you may be denied access or use of the Services if you refuse to provide such proof. This Agreement applies to all visitors, users, and others who access the Services (“Users”).

1. Use of Our Services
   1. This Agreement governs your access and use of the Services, and any information that is displayed or provided therein. By accessing and/or using the Services, you are indicating your acceptance of this Agreement, which thereby becomes a binding contract between you and AOP, and you agree to be bound by all terms and conditions herein. AOP’s acceptance is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms. 
      
   2. Accounts
      1. In order to use certain of the Services, you may be required to create an account and provide accurate, current and complete information in connection with your use of the Services (“Account”).  You agree to maintain and promptly update your Account information as necessary to maintain its accuracy. AOP reserves the right to suspend or terminate access to and use of the Services, or any portion thereof, on the basis of inaccurate or incomplete Account information. 
      2. Your Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a AOP Account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
      3. You are solely responsible for all activity that occurs when the Services are accessed through your Account, and you must keep your account password secure. You must notify AOP immediately of any breach of security or unauthorized use of your account. AOP will not be liable for any losses or damages arising from your failure to protect your password or Account information and/or caused by any unauthorized use of your Account.
      4. You may control your Account and how you interact with the Services by changing the settings in your Account. By setting up an Account, and as part of the Services, you may receive emails or SMS texts to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use emails or SMS texts to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such messages, you may opt out or change your preferences in your Account settings page. Opting out
   3. Services Rules
      1. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, stealing or assuming and person’s identity (whether a real identity or nickname or alias), conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) penetration testing the Services; or (xiii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.  Furthermore, you may not use the Services to develop, generate, transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Services, (D) performs any unsolicited commercial communication not permitted by applicable law; and (E) is harassment or a violation of privacy or threatens other people or groups of people.
      2. The Services contain confidential and trade secret information owned or licensed by AOP, and you agree to take reasonable steps at all times to protect and maintain the confidentiality of such information. 
      3. We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
      4. Availability of Services. AOP will use commercially reasonable efforts to make the Services available pursuant to this Agreement except for (a) planned downtime; (b) emergency downtime; and (c) any unavailability caused by circumstances beyond our reasonable control. AOP reserves the right to modify the Services from time to time and makes no guarantees as to the continuous availability of the Services or of any specific feature(s) or functionality(ies) of the Services.
2. Proprietary Rights
   1. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “AOP Content”), and all intellectual property rights related thereto, are the exclusive property of AOP and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any AOP Content. Use of the AOP Content for any purpose not expressly permitted by this Agreement is strictly prohibited.  This Agreement does not provide you with title or ownership of any Services or AOP Content, but only a limited right to view or use the same solely upon the terms expressly set forth in this Agreement.  For the purpose of clarity, nothing provided under this Agreement is to be considered a “work for hire” and AOP does not convey, transfer or assign to you any right, title and interest it may have now or in the future acquire, including but not limited to all intellectual property rights.  
   2. You will own and maintain ownership of all of your audio, video text, images or other material you choose to display within the Services (“Customer Content”).  We do not claim any ownership of the Customer Content that you submit, post, or display through the Services.
      1. Subject to the terms and conditions of this Agreement, You grant AOP a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Customer Content, only as reasonably necessary (a) to provide, maintain and improve the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted in writing by You. 
      2. Customer represents and warrants that it has secured all rights in and to Customer Content from its customers, users, etc. as may be necessary to grant this license. 
      3. The Customer Content that you submit may be modified or adapted for purposes of transmission, display, or distribution over computer networks or any media formats, in order to conform to any requirements or limitations in working with such networks, services, devices or media.  You retain any and all ownership rights to the Customer Content that you submit and are responsible for protecting those rights. We reserve the right at all times to remove or refuse distribution of any Customer Content on or through our Services.
3. Privacy
   We care about the privacy of our clients. AOP’s privacy practices are governed by AOP’s privacy policy, the most updated copy of which can be found at https://www.aopinc.com/privacy-policy 
   ("Privacy Policy"). The Privacy Policy does not cover the information practices exercised by any third parties that AOP does not own or control. 
4. Security
   1. In order to receive the benefits provided by certain aspects of the Services, you may need to grant permission for the software to utilize the processor and bandwidth of your computer. You understand that the Services will protect the privacy and integrity of your computer resources and communication and ensure the unobtrusive utilization of your computer resources to the greatest extent possible.  
   2. AOP cares about and takes very seriously the integrity and security of your personal information. We take commercially reasonable administrative, physical and electronic measures designed to safeguard and protect the Services, Customer Content and content, materials and data therein from unauthorized access, use, modification, deletion and/or disclosure by our personnel.  However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
5. Third-Party Links and Information
   The Services may contain links to third-party sites, tools or materials that are not owned or controlled by AOP. AOP does not endorse or assume any responsibility for any such third-party sites, information, tools, materials, products, or services. If you access a third-party website or service from the Services, you do so at your own risk, and you understand that this Agreement and AOP’s Privacy Policy do not apply to your use of such sites. You expressly relieve AOP from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that AOP shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
6. Representations and Warranties
   You represent and warrant that: (i) You have the power, right and authority to enter into this Agreement, and are capable of forming a binding contract: (ii) you will use the Services for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you own or have sufficient rights in and to the Customer Content you submit through the Services to grant the licenses set forth in this Agreement with respect to such content to AOP, that any use by AOP of such Customer Content as contemplated in this Agreement will not infringe on the rights of any third party or violate any applicable laws or regulations, and that such content shall not (a) violate any laws or regulations or any rights of any third parties, including but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade dress, trade secret, music, image or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or publicity rights, moral or otherwise, or rights of celebrity, or any other right of any person or entity; (b) contain any material that is unlawful, fraudulent, threatening, defamatory, obscene, profane or hateful or (c) contain any disabling codes or instructions, or any viruses, worms, Trojan horses or other contaminants.  You further represent and warrant that you will not share your log-in ID or password or any of the information contained within the AOP Services with any third party whatsoever without the explicit written permission of AOP.    
7. Indemnity
   You agree to defend, indemnify and hold harmless AOP and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (“Losses”) arising from: (i) your use of and access to the Services, including any Customer Content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any applicable law, rule or regulation.
8. No Warranty
   1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. AOP, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.   FURTHERMORE, AND WITHOUT LIMITATION, AOP DOES NOT WARRANT THAT THE USE OF THE SERVICES WILL RESULT IN ANY PARTICULAR RESULTS.
   2. AOP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND AOP WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF SUCH THIRD-PARTY PRODUCTS OR SERVICES.  
   3. AOP MAY ALTER, SUSPEND, ADD TO, OR DISCONTINUE THE SERVICES IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON, WITHOUT NOTICE OR COST. AOP ASSUMES NO RESPONSIBILITY FOR YOUR ABILITY TO (OR ANY COSTS OR FEES ASSOCIATED WITH YOUR ABILITY TO) OBTAIN ACCESS TO THE SERVICES. AOP DOES NOT ASSUME ANY LIABILITY FOR THE FAILURE TO STORE OR MAINTAIN ANY CLIENT CONTENT, COMMUNICATIONS, ACCOUNT INFORMATION, OR PERSONAL SETTINGS. BY HAVING ACCESS TO THE SERVICES, YOU AGREE THAT AOP MAY PLACE ADVERTISEMENTS ON THE SERVICES. THE SERVICES MAY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT, SERVERS, OR OTHER REASONS. 
   4. YOU AGREE THAT AOP HAS MADE NO AGREEMENTS, REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND THAT NO FUTURE AGREEMENT, REPRESENTATION OR WARRANTY OF AOP WITH REGARD TO SERVICES PROVIDED UNDER THIS AGREEMENT SHALL BE EFFECTIVE UNLESS EXPRESSLY STATED IN AN AMENDMENT TO THIS AGREEMENT SIGNED BY BOTH PARTIES.
   5. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
9. Limitation of Liability
   1. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AOP BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER AS CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF AOP HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING.  IN NO EVENT SHALL AOP, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO AOP HEREUNDER OR $100.00, WHICHEVER IS GREATER.
   2. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
   3. Unless otherwise explicitly stated, the Services are controlled and operated from facilities in the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
10. Governing Law and Arbitration
    1. Governing Law.  This Agreement will be governed by and construed in accordance with the laws of the State of Louisiana.  For any dispute, the Parties agree to first attempt to resolve the dispute informally. In the event that the Parties are unable to resolve a dispute after sixty (60) days, the parties agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief which may be brought in federal or state courts situated in Calcasieu Parish, Louisiana) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration under the Optional Expedited Arbitration Procedures then in effect for JAMS. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Calcasieu Parish, Louisiana, unless the Parties agree otherwise. The arbitrator, witness, party representative, counsel, expert or staff may participate by video conference where such participant (when participating) can be heard and seen (i.e., Zoom). Each Party will be responsible for paying its applicable JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Nothing in this Section shall be deemed as preventing a Party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its confidential information, intellectual property rights or other proprietary rights.
       1. Class Action/Jury Trial Waiver.  With respect to all persons and entities, all claims must be brought in the Parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims.  You agree that, by entering into this Agreement, you and AOP are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
       2. Expenses and Attorneys’ Fees.  In the event any action is brought to enforce any provision of the Agreement or to declare a breach of the Agreement, the prevailing party shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including attorney’s fees, incurred thereby.
          
11. Termination
    We have the right to deny access to, and to suspend or terminate your access to, the Services, or to any features or portions of such, and to remove and discard any Customer Content you have submitted, at any time and for any reason, including for any violation by you of this Agreement. In the event that we suspend or terminate your access to and/or use of the Services, you will continue to be bound by the terms of this Agreement that were in effect as of the date of your suspension or termination.
    
    
12. DMCA Notice
    We respect the intellectual property rights of others, and we prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we may promptly remove or disable access to any allegedly infringing material and may terminate any Account of any repeat infringer, in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that your own copyrighted work is accessible on the Services or any service in violation of your copyright, then You may provide our designated agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information:
    
    1. 1. • Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed, so that we can locate the material. 
          • Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf. 
          • Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. 
          • Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf. 
    Include your name, mailing address, telephone number, and email address.  You may submit your notification of Alleged Copyright Infringement by sending a letter to our designated agent by email to support@AOP.com.
    
    
13. General
    1. Independent Contractor.  The parties to the Agreement are independent contractors and nothing in the Agreement shall be deemed to make either party an agent, employee, or partner of the other party.  Neither party shall have any authority to bind, commit, or otherwise obligate the other party in any manner whatsoever.
    2. International Users.  Unless otherwise explicitly stated, we control and operate the Services from our facilities in the United States of America.  If you choose to access the Services from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.  Information collected through the Services may be stored and processed in the United States or, if and as applicable for international Users, any other country in which AOP or its affiliates, subsidiaries or service providers maintain facilities.  If your information is transferred to a country other than your home country, we will take measures to protect it with appropriate contract clauses or other applicable safeguards. If you are an international User, you acknowledge that by using the Services, you are: (a) permitting the transfer of your information to the United States which may not have the same data protection laws as the country in which you reside; and (b) permitting the use of your information in accordance with our Privacy Policy.
    3. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of AOP, but may be assigned by AOP without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
    4. Notification Procedures and Changes to the Agreement. AOP may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by AOP in our sole discretion. AOP reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement. AOP is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. AOP may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the last modified date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Services.
    5. Electronic Communications.  Our communications with you via the Services use electronic means, whether you visit the Services or send us an email, or whether we post notices on the Services or communicate with you via email or text. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. 
    6. Entire Agreement / Severability. These Terms, together with any amendments and any additional agreements you may enter into with AOP in connection with the Services, shall constitute the entire agreement between you and AOP concerning the Services. If any provision of these Terms or the overall Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
    7. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and AOP’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
    8. Feedback.  We may use any reports, comments, ideas and suggestions in any form regarding the Services that you provide to us (collectively, the “Feedback”). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in connection with any products and services. 
    9. Publicity. Other than as explicitly stated herein, neither party shall use the other party’s names, symbols, trademarks, or other marks without the other party’s prior written consent.  AOP may publicly refer to Customer as a client of AOP, including on AOP’s website and in sales/marketing presentations.  Similarly, Customer may publicly refer to itself as a client of AOP.
    10. Interpretation. Section headings are for reference only, and shall not be construed as substantive parts of this Agreement. Each capitalized term used in this Agreement (including any schedule or exhibit of this Agreement) shall have the meaning attributed to it in any part of this Agreement (including any such schedules or exhibits). 
    11. Survival. You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, enforceability/injunctive relief, limitation of liability and other clauses including those provisions which by their terms contemplate survival shall survive the termination or expiration of this Agreement regardless of the cause of such termination. 
    12. Force Majeure. Neither party shall be liable to the other party for any delay or failure of said party to perform its obligations hereunder (except for payment obligations) if such delay or failure arises from any cause or causes beyond the reasonable control of such party.  Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, or delays by either party in providing required resources or support or performing any other requirements hereunder.
        

These Terms were last updated on March 28, 2023

Links

• Acceptable Use Policy
• Mutual Non-Disclosure Policy
• Fiber Terms
• Hosting Terms