6. Representations; Guarantees Disclaimer. 6.1 Mutual representations. Each party represents and guarantees to the other party: (a) that the party has the full right, the fullestness and the power to conclude this Agreement for itself and to commit to carry out the acts it seeks under this Agreement; (b) the implementation of this agreement by that party and the performance by that party of its obligations and obligations to the extent that it does not violate any agreement in which it participates or to which it is bound by other means; (c) when the agreement is executed and delivered by that party, it constitutes the legal, valid and binding obligation of that party, which is enforceable against that party in accordance with its assurances, guarantees, conditions; and (d) this party will comply with all applicable laws relating to services and the performance of its obligations under this Agreement. 6.2 Restricted warranty. cPanel will make economically appropriate efforts to resolve all incidents for which you have purchased telephone support. If cPanel finds, in accordance with Section 2.8 (Incident Resolution), that we are not in a commercial position to resolve the incident, cPanel reimburses all assistance costs related exclusively to telephone assistance. 6.3 Non-responsibility. EXCEPT AS SET FORTH IN THE LIMITED WARRANTY OF SECTION 6.2, THE SERVICES ARE PROVIDED “AS IS” AND CPANEL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SERVICES AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FOR FITNESS APARTICULAR PURPOSE, AND NON-INFRINGEMENT. CPANEL WARRANT IS NOT THAT SERVICES ARE OR ARE ERROR-FREE OR ARE PROVIDED WITHOUT INTERRUPTION. IF THE SERVICES ARE DEFECTIVE, THEY ARE THE SOLE RESPONSIBILITY FOR THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF CPANEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. 6.3.1 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN FROM CPANEL, ITS AFFILIATES, LICENSEES, DEALERS, SUB-LICENSORS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANT PROVIDED IN SECTION 6.2.
READ IT CAREFULLY. UNDER OTHER PROVISIONS, IT INCLUDES TERMINATION AND WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY CLICKING ON THE “I AGREE” BUTTON AND WITH THE SERVICES, THEY ARE BOUND BY THE TERMS OF THIS TECHNICAL SUPPORT AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE CONDITIONS, YOU CANNOT USE THE SERVICES. 1. Definitions. 1.1 “agreement,” the current technical assistance contract. 1.2 “applicable law” refers to applicable international, federal, state or local laws, statutes, regulations, regulations or judicial decisions. 1.3 “Beta” refers to any version of the software published by cPanel for testing, as defined by cPanel at its sole discretion, including, but not limited, to versions of the software called “BETA” or “EDGE” by cPanel. 1.4 “Free Assistance” has the meaning indicated in section 2.6.2 (Authorization to present incidents). 1.5 “cPanel” means cPanel, L.C.
1.6 “cPanel Customer Portal” means cPanels customer service and incident tracking system, or a tracking system that can define cPanel from time to time, which is currently available on tickets.cpanel.net or another URL that cPanel can set from time to time. 1.7 “cPanel Direct Licensee” refers to a natural or legal person who is not a cPanel partner or a cPanel distributor and who has purchased one or more licenses for the software directly to cPanel. 1.8 “cPanel distributor” refers to a cPanel partner who has met the requirements to become a cPanel distributor, as defined by cPanel.