3. DURATION OF AGREEMENT AND CANCELLATION POLICY
3.1 The Initial Term shall begin upon confirmation of Your order or commencement of the Services to You and receipt of lawful funds. The term's length is chosen by You and shall be indicated when You order Our Services. This Agreement may not be terminated by You during the Initial Term (and any renewals thereof) except in the event of a breach by Choopa.
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 as provided herein.
3.2 You must provide fourteen (14) days notice of non-renewal to Us should You not wish to renew this Agreement after the Initial Term. Choopa may terminate this Agreement at any time, without notice, in the event of nonpayment or violation of terms of service by You, if in Choopa's sole judgment You have in any way breached this Agreement ("Termination for Cause").
If you cancel any Service prior to the expiration of any Term, You understand and agree that Choopa will not issue You any refund whatsoever, including but not limited to any remaining pre-paid Fees, set up Fees, and/or special programming Fees).
3.3 Choopa may also terminate this Agreement in its sole discretion at any time for any reason or no reason. ("Termination without Cause"). In such case, Choopa will provide You with thirty (30) days written notice before the discontinuation of Services.
3.4 If Choopa cancels this Agreement pursuant to any of the terms outlined in this Agreement, with the exception of Termination without Cause pursuant to paragraph 3.3, Choopa shall not refund to You any fees paid or prepaid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that Choopa terminates the Agreement for cause, all prepaid hosting fees will be forfeited and are not refundable. The termination of this Agreement does not relieve You of Your obligation to pay any Fees accrued or payable to Choopa.Com prior to the effective date of termination of this Agreement.
3.5 Cancellations must be done in writing via the support ticket system at
https://my.choopa.com. We require You to cancel in writing so that We can confirm Your identity and to confirm with You that You are prepared for all of Your content to be removed from Our servers. Once We receive Your cancellation and have confirmed all necessary information with You via e-mail, We will inform You via email to the email address on file that Your account has been canceled. If You do not receive the confirmation email within twenty-four (24) hours after submitting Your cancellation request, please contact Us immediately via
[email protected].
3.6 In addition to Choopa's right to terminate this Agreement provided elsewhere in this Agreement, Choopa may terminate this Agreement effective immediately if, based on Choopa's sole judgment, it determines that You or any of Your end-users: (a) have breached the Acceptable Use Policy ("AUP") as described in Section 12 of this Agreement, and incorporated herein, (b) have infringed or violated any intellectual property right or privacy or publicity right of a third party, (c) have not complied with any applicable law, statute or regulation, or (d) have uploaded, published or disseminated any images, text, graphics, code or video which Choopa considers illegal or high risk, in its discretion. Nothing contained in this Agreement is intended to, or shall, impose any duty or obligation upon Choopa to monitor or review Your Content or the content of Your end-users at any time. You remain solely responsible for Your Content, and any liability generated therefrom.
3.7 The termination of this Agreement will terminate Your access to the Services and Your license to the Host Materials (as defined in Section 5.2 of this Agreement). Choopa shall not be liable to You or to any third party for termination of the Services permitted under this agreement. Upon termination of this Agreement, Choopa reserves the right to maintain copies of Your data files and records for archival purposes, but does not undertake any obligation to do so. Choopa reserves the right to impose an early termination charge for all Services terminated prior to the last day of the billing cycle.
3.8 If either party cancels or terminates this Agreement for any reason, You shall be solely responsible for making all necessary arrangements for securing a replacement host and moving all electronic data, graphics, images, video or text to the new service provider. Upon termination of this Agreement, provisions that by their nature would be expected to survive termination shall survive and remain in full force and effect in accordance with their terms.
