By signing up for any service you agree to follow the terms of service outlined for said service. Included below are terms for free hosting as well as Premium (paid) hosting.
Welcome to the FWrestling.com free web hosting terms of service! Here are the highlights followed by more detail.
- * Setup Your main index page must be customized and visible to the public within a week of establishing an account, or your account will be deleted.
- * No Warez! Absolutely under no circumstances do we allow any type of illegal or copyrighted material on our servers. Breaking this rule will get you a permanent suspension, we have a zero tolerance policy regarding this.
- * Inactivity If you do not log into your account at least once every 60 days, your account may be deactivated or deleted.
- * Bots\Scripts We do not allow any type of bot or script that runs constantly, free hosting is for creating a website, not for hosting your scripts.
- * File Hosting Every file on your site must have to do with the website you put up, we are not a file storage service and we strictly prohibit scripts such as torrentflux or rapidleech. Banner hosting is also not permitted except as related to your fantasy wrestling-related site.
- * Crons We allow crons but they cannot call a script hosted somewhere else and you must not have more than 1 running every 5 minutes.
- * Adult Material Adult material is strictly forbidden on our free hosting services.
- * Language Restriction At this time we only support sites that are in English, Spanish, French or German. Sites not in one of these languages will be suspended. For other consideration, please contact us.
While we have highlighted some important items from our ToS it is still important to read through the rest of the document, by signing up for a hosting account you are agreeing to everything on this page, don’t you want to know what it is?
1. Server Usage
Personal accounts are to be used by the primary owner only. Personal account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner’s web site. Exceptions to this include ad banners, classified ads, and personal ads. FWrestling.com reserves the right to refuse service and/or access to its servers to anyone. Each individual is allowed ONE account only. FWrestling.com does not allow any of the
following content to be stored on its servers.
- * Illegal Material: This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State, or Local regulation. You may not store copyrighted Mp3s or videos on your webspace in any way shape or form.
- * Adult Material: Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of FWrestling.com.
- * Warez: Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc… This also includes any sites which provide “links to” or “how to” information about such material.
- * Proxies: We do not allow any kind of proxies to be used on our servers, for any reason.
- * File Storage: Accounts are not to be used for file storage, your account will be permenantly suspended if found to be breaking this rule. Downloads are only allowed on your FWrestling.com account if they have to do directly with your fantasy wrestling-related website. e.g. you developed fed management software and are selling it or giving it away. Accounts may not be used for mirrors, game file hosting, or any other type of file hosting not specified here.
- * Script Hosting: Space provided by FWrestling.com is to be used to create a functional website, we do not allow bots, content scrapers, or any other script that runs continuously on your account. Any scripts that are executed via cron or manually must be directly related to your website.
- * Crons: We do not allow more than one cron within a 5 minute time period per account. This means if you have two crons you must make sure that both do not go off within 5 minutes of each other.
- * Auto Generated Content: Sites that use scripts to automatically generate content are prohibited, this includes but is not limited to AutoBlog scripts and anything else that automatically generates websites for SEO or other purposes.
2. High Resource Usage Policy
Resources are defined as bandwidth and/or processor utilization. FWrestling.com may implement the following policy to its sole discretion: When a website is found to be monopolizing the resources available FWrestling.com, reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby FWrestling.com continues hosting the website for an additional fee.
3. Languages
At this time FWrestling.com only supports English, Spanish, French and German websites on free hosting, these restrictions do not apply to paid hosting. Sites found breaking this rule will be permanently suspended.
4. Cancellation & Refunds
FWrestling.com reserves the right to cancel any service provided at any time. In this event customers will be entitled to a prorated refund based upon the remaining period of membership. If a customer contravenes FWrestling.com’s terms of service, a refund will not be issued in the event of a cancellation by FWrestling.com or the customer. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a
cancellation. Fees charged on a prepay basis are non-refundable.
5. Indemnification
Customer agrees that it shall defend, indemnify, save and hold FWrestling.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against FWrestling.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless FWrestling.com against liabilities arising out of:
- * Any injury to person or property caused by any products sold or otherwise distributed in connection with FWrestling.com’s server;
- * Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- * Copyright infringement and
- * Any defective products sold to customer from FWrestling.com’s server.
6. System Backups
Backups are the sole responsibility of the customer. FWrestling.com retains and offers backups to the customer but does not guarantee this service from failure. It is recommended all customers keep their own backups. Backups will not be provided to account holders who have been suspended for breaching the terms outlined on this page.
7. Inactivity
Accounts found to be inactive are suspended and may be terminated at our discretion. All data including any type of backup or stored information is removed with the account. To prevent an account from being suspended for inactivity it is required users access their account at least ONCE every 60 days. Accounts must also have a working website within one week and the main index page must have content and be visible to the public.
8. Suspensions
If an account is suspended for a breach of the terms outlined above the account holder will immediately forfeit all rights to the account in question including access to any and all files and\or databases located within the account. FWrestling.com is under no obligation to provide backups in full or partial to an account holder that has been suspended.
FWrestling.com Premium Hosting Contract and Terms
Terms of Service
The use of paid hosting services from FWrestling.com constitutes an agreement by the customer to the terms outlined below.
1. Term
The initial service term of the agreement shall begin on the date that FWrestling.com generates an e-mail message announcing the activation of the account (the “Service Commencement Date”) and shall continue either monthly or annually depending on the term picked by the customer. Upon expiration of the initial term, this agreement shall automatically renew for the same length as
the initial term unless FWrestling.com or the customer provides the other with written notice of non-renewal at least one (1) days prior to the expiration of the initial term or the then-current renewal term, as applicable. Users may use the billing system located at http://www.fwrestling.com/billing/index.php to manage and/or cancel their account. The initial term and any renewal term may be referred to collectively in this agreement as the “Term.”
the initial term unless FWrestling.com or the customer provides the other with written notice of non-renewal at least one (1) days prior to the expiration of the initial term or the then-current renewal term, as applicable. Users may use the billing system located at http://www.fwrestling.com/billing/index.php to manage and/or cancel their account. The initial term and any renewal term may be referred to collectively in this agreement as the “Term.”
2. Cancellation & Refunds
FWrestling.com reserves the right to cancel any service provided at any time. In this event customers will be entitled to a prorated
refund based upon the remaining period of service. If a customer contravenes FWrestling.com’s terms of service, a refund will not be issued in the event of a cancellation by FWrestling.com or the customer. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable, this includes all monthly and yearly services. Under no circumstance will license fees such as cPanel be refunded. Customer agrees to submit all cancelations atleast 24 hours prior to the next billing date of the service. Failure to pay will result in suspension up to termination of services and the balance being turned over to an outside collection agency for recovery. The only acceptable methods of cancellation are a ticket submitted via the billing system or cancellation submitted via the billing system.
refund based upon the remaining period of service. If a customer contravenes FWrestling.com’s terms of service, a refund will not be issued in the event of a cancellation by FWrestling.com or the customer. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable, this includes all monthly and yearly services. Under no circumstance will license fees such as cPanel be refunded. Customer agrees to submit all cancelations atleast 24 hours prior to the next billing date of the service. Failure to pay will result in suspension up to termination of services and the balance being turned over to an outside collection agency for recovery. The only acceptable methods of cancellation are a ticket submitted via the billing system or cancellation submitted via the billing system.
3. Content Restrictions
FWrestling.com does not allow the use of it’s services for illegal activities. This includes hosting of copyrighted material, nulled scripts, or anything that is considered illegal under US law. A suspension leading up to termination will be imposed for a breach of these terms. While we strive to accommodate all types of sites related to fantasy wrestling and the hobby, our shared hosting may not be used for the
following:
following:
- File or Image Hosting Sites
- Proxies
- Download scripts such as but not limited to Rapidleech and TorrentFlux
- Backup Space \ File Storage
- Mirrors for software or game files
- Scripts that run continuously
- Scripts that run unattended or could be considered daemons
- IRC Bots
- Anything that would be considered illegal under US law
Furthermore the end user is solely responsible for all files on their site including any uploaded from compromised or hacked scripts. It is the responsibility of the client to make sure the permissions on their files are set correctly and all scripts in use are up to date with the latest patches.
4. Unmetered Resources, Limits, and Rules
FWrestling.com offers unmetered disk space and bandwidth on all the shared hosting accounts, users are still restricted to the above allowed sites and the following limits on CPU & Memory usage:
- May not use more than 50% of available CPU resources for more than 120 seconds at a time.
- May not use more than 50% of available CPU resources for more than 5 minutes out of a 60 minute period.
- May not use more than 820MB of memory combined between processes
- May not have more than 10 processes running at any given time.
Exceeding 10,000 inodes or 10GB of disk space will stop your account from being backed up on our 6 hour incremental backups, if you would like to utilize our 6 hour incremental backups you must stay under 10GB of disk space and 10,000 inodes. Accounts are allowed a maximum of 10,000 inodes. Each file on your account including images and emails are counted towards your inode limit. A warning will be issued when you are near the maximum and ample time will be given to correct the issue.
5. Payments
Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly or annually as indicated on their order, beginning on the service commencement Date. FWrestling.com may require payment for the first billing cycle before beginning service. If the order provides for credit/debit card billing, customer authorizes FWrestling.com to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the term of this agreement; otherwise FWrestling.com will invoice customer via electronic mail to the primary customer contact listed on the order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due no later than 3 days after the due date, but in no event earlier than the first day of each billing cycle. Payments must be made in United States dollars. The customer is responsible for providing FWrestling.com with changes to billing information (such as credit card expiration, change in billing address). At its option, FWrestling.com may accrue charges to be made to a credit/debit card until such charges exceed $10.00. FWrestling.com may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. FWrestling.com may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay FWrestling.com’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay FWrestling.com’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
Fee Increases:FWrestling.com may increase its fees for services effective the first day of a renewal term by giving notice to the customer of the new fees at least forty five (45) days prior to the beginning of the renewal term, and if the customer does not give a notice of non-renewal as provided in Section 2 above, the customer shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term).
Early Termination:Customer acknowledges that the amount of the fee for the service is based on customer’s agreement to pay the fee for the entire initial term, or renewal term, as applicable. In the event FWrestling.com terminates the agreement for customer’s breach of the agreement in accordance with Section 11 (Termination), or customer terminates the service other than in accordance with Section 11 (Termination) for FWrestling.com’s breach, the unpaid fees for each billing cycle remaining in the initial term or then-current renewal term, as applicable, are due on the business day following termination of the Agreement.
6. Law/AUP
Customer agrees to use the service in compliance with applicable law and FWrestling.com’s Acceptable Use Policy Customer agrees that FWrestling.com may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on customer’s use of the services. Amendments to the AUP are effective on the earlier of FWrestling.com’s notice to the customer that an amendment has been made, or the first day of any renewal term that begins subsequent to the amendment. Customer agrees to cooperate with FWrestling.com’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between FWrestling.com and the customer regarding the interpretation of the AUP, FWrestling.com’s commercially reasonable interpretation of the AUP shall govern.
7. Customer Information
Customer represents and warrants to FWrestling.com that the information he, she or it has provided and will provide to FWrestling.com for purposes of establishing and maintaining the service is accurate. If the customer is an individual, the customer represents and warrants to FWrestling.com that he or she is at least 18 years of age. FWrestling.com may rely on the instructions of the person listed
as the primary customer contact on the order with regard to customer’s account until customer has provided a written notice changing the primary customer contact.
as the primary customer contact on the order with regard to customer’s account until customer has provided a written notice changing the primary customer contact.
8. Indemnification
Customer agrees to indemnify and hold harmless FWrestling.com, FWrestling.com’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable
attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of customer’s services in violation of applicable law or the AUP by customer or any person using customer’s log on information, regardless of whether such person has been authorized to use the services by customer.
attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of customer’s services in violation of applicable law or the AUP by customer or any person using customer’s log on information, regardless of whether such person has been authorized to use the services by customer.
9. Disclaimer of Warranties
FWrestling.com DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW FWrestling.com DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
10. Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF FWrestling.com AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
11. Suspension/Termination
Suspension of Service:Customer agrees that FWrestling.com may suspend services to the customer without notice and without liability if:
(i) FWrestling.com reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP;
(iii) FWrestling.com reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency.
Customer shall pay FWrestling.com’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
(i) FWrestling.com reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP;
(iii) FWrestling.com reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency.
Customer shall pay FWrestling.com’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
Termination:The Agreement may be terminated by Customer prior to the expiration of the initial term or any renewal term without further notice and without liability if FWrestling.com fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The agreement may be terminated by FWrestling.com prior to the expiration of the initial term or any renewal term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the agreement; (ii) Customer materially violates any other provision of the agreement, including the AUP, and fails to cure the violation within seven (7) days of a written notice from FWrestling.com describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 7 (Customer Information) of this agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
12. Request for Customer Information
Customer agrees that FWrestling.com may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that FWrestling.com believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
13. Backup Policy
Customer agrees to maintain a current copy of all content hosted by FWrestling.com notwithstanding any agreement by FWrestling.com to provide backup services.
14. Abusive Behavior
At FWrestling.com we do not tolerate abusive behavior toward our company or staff. If a customer continues to act in an abusive way
toward our staff or company after a warning all active services will be suspended and communication with the customer terminated without refund.
toward our staff or company after a warning all active services will be suspended and communication with the customer terminated without refund.
15. Spam \ Mass Email Policy
Under no circumstance may any FWrestling.com services be used to send unsolicited Email. Mass Emailing is strictly forbidden for any
purpose without prior approval by a senior administrator. Any user found to be in violation of this policy will have their service suspended or terminated without notice. If a blacklisting occurs while an IP address is under a user’s control their service will be immediately and permanently suspended. An administrative fee for $85 will also be applied to the account on file to cover the costs for cleaning up the IP space and dealing with complaints. An additional $50 per hour charge will also be added to this fee for any time spent past the first hour.
purpose without prior approval by a senior administrator. Any user found to be in violation of this policy will have their service suspended or terminated without notice. If a blacklisting occurs while an IP address is under a user’s control their service will be immediately and permanently suspended. An administrative fee for $85 will also be applied to the account on file to cover the costs for cleaning up the IP space and dealing with complaints. An additional $50 per hour charge will also be added to this fee for any time spent past the first hour.
16. Disputes \ Chargebacks
By threatening to and\or opening a dispute for payments made to FWrestling.com all communication from FWrestling.com will cease and active services will be permanently suspended. Once a dispute is threatened or opened FWrestling.com will only communicate with the customer via options provided by the payment provider or by certified postal mail. All services and payments will be forfeited regardless of the outcome of the dispute. All chargebacks will have a minimum administrative fee of $75 added to the account with a maximum amount not to exceed $250.
17. Changes to FWrestling.com’s Network
Upgrades and other changes in FWrestling.com’s network, including, but not limited to changes in its software, hardware, and service
providers, may affect the display or operation of Customer’s hosted content and/or applications. FWrestling.com reserves the right to change its network in its commercially reasonable discretion, and FWrestling.com shall not be liable for any resulting harm to Customer.
providers, may affect the display or operation of Customer’s hosted content and/or applications. FWrestling.com reserves the right to change its network in its commercially reasonable discretion, and FWrestling.com shall not be liable for any resulting harm to Customer.
18. Force Majeure
FWrestling.com shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any
event beyond FWrestling.com’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
event beyond FWrestling.com’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
19. Governing Law/Disputes
The Agreement shall be governed by the laws of the State of North Carolina, exclusive of its choice of law principles, and the laws
of the United States of America, as applicable. The agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN GUILFORD COUNTY, NORTH CAROLINA, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
of the United States of America, as applicable. The agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN GUILFORD COUNTY, NORTH CAROLINA, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
20. Miscellaneous
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks,
trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on FWrestling.com unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without FWrestling.com’s prior written consent. FWrestling.com’s approval for assignment is contingent on the assignee meeting FWrestling.com’s credit approval criteria. FWrestling.com may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on FWrestling.com unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without FWrestling.com’s prior written consent. FWrestling.com’s approval for assignment is contingent on the assignee meeting FWrestling.com’s credit approval criteria. FWrestling.com may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.