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IWEBVAULT TERMS OF SERVICE AGREEMENT
This Terms of Service Agreement (TOS) is a formal and legally binding
agreement between IWebVault (we, Company) and You, the service user
(you, Subscriber). Use of our service constitutes acceptance and
agreement to the TOS in full.
Contents:
I) Purpose and Overview of the TOS
II) Specific Violations of the TOS
III) Security
IV) Network Performance
V) Payment Policy
VI) General Operations
VII) Violation Reporting
VIII) Violation Procedures
IX) Miscellaneous Provisions
I) PURPOSE AND OVERVIEW OF THE TOS
The TOS is provided to give our
Subscribers and users a clear understanding of what we expect of them
while using our services. All users of our services including those
who access our services but do not have accounts, as well as those who
pay a service fee to subscribe to the services, must comply with our
TOS.
We support the uncensored flow of
information and ideas over the Internet and do not actively monitor
subscriber activity under normal circumstances. Similarly, we do not
exercise editorial control over the content of any website, e-mail
transmission, newsgroups, or other material created or accessible over
or through the services, except for certain proprietary websites.
However, in accordance with our TOS, we may remove any materials that,
in our sole discretion, may be illegal, may subject us to liability,
or which may violate the TOS. We may cooperate with legal authorities
and/or third parties in the investigation of any suspected or alleged
crime or civil wrongdoing. Your violation of the TOS may result in the
suspension or immediate termination of your account without prior
notice.
The following are guidelines for the
establishment and enforcement of the TOS:
Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the
networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities
which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free
expression and exchange of information
Preserve the privacy and security of individual users
While we are committed to the principles of free speech, certain
activities that may be damaging to the resources of both us and the
Internet and cannot be permitted under the guise of free speech. The
resources of us and the Internet are limited, and abuse of these
resources by one user has a negative impact on the entire community.
We do not routinely monitor the
activity of accounts except for measurements of system utilization and
the preparation of billing records. However, in our efforts to promote
good citizenship within the Internet community, we will respond
appropriately if we become aware of inappropriate use of our service.
If you violate the TOS, we reserve the
right to terminate your service without notice. We prefer to advise
Subscribers of inappropriate behavior and any necessary corrective
action, however, flagrant violations of the TOS will result in
immediate termination of service. Our failure to enforce this policy,
for whatever reason, shall not be construed as a waiver of our right
to do so at any time.
II) SPECIFIC VIOLATIONS OF THE TOS
By using our services you agree not to
commit any of the following specific violation of the TOS. The
following constitute specific violations of the TOS:
Illegal use:
Our
services may not be used for illegal purposes, or in support of
illegal activities. We reserve the right to cooperate with legal
authorities and/or injured third parties in the investigation of any
suspected crime or civil wrongdoing. If anything is not legal in the
United States of America, it is not permitted to reside on our
servers. If illegal content or usage is found, the account will be
suspended and/or terminated. Subscriber agrees that the Company may
disclose any and all subscriber information including assigned IP
numbers, account history, account use, etc. to any law enforcement
agent who makes a written request without further consent or
notification to the Subscriber. Examples of non-acceptable
content or links: Pirated software, Cracks, Wearez, Hackers,
Hacking/Cracking programs or archives, Free Hosting, Warez
sites(including links to/from), MP3, OGG, AVI, MPEG, ISO, NRG, etc..,
and IRC bots.
Banned Scripts:
The following scripts are banned from use on our servers and may not
be uploaded or run. Reasons for banning them include adverse effects
on server load, invitations to hackers/spammers/criminal activity,
etc.
IRC (Internet Relay Chat) egg drops,
scripts or bots
Proxy servers
Mail bombers
Anonymous mailers
The Anonymizer
IP spoofers
Port scanners
nph-proxy
UBB (Ultimate Bulletin Board, all versions)
Ikonboard, Yabb (all versions)
PHP-NUKE
lstmrge.cgi
FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed. See
Here
Background Running Programs:
Background daemons in general are prohibited, we will consider
requests on a one on one basis. If allowed extra charges will be
assessed based on resources on system maintenance needed.
Harm to minors:
Use of
our service to harm, or attempt to harm, minors in any way, including,
but not limited to child pornography is prohibited. Violation of this
policy will result in immediate termination of your service and a
report will be made to law enforcement authorities.
Threats:
Use of our
service to transmit any material (by e-mail, uploading, posting or
otherwise) that threatens or encourages bodily harm or destruction of
property is prohibited.
Harassment:
Use of our
service to transmit any material (by e-mail, uploading, posting or
otherwise) that harasses another is prohibited.
Fraudulent activity:
Use of our service to make fraudulent offers to sell or buy products,
items, or services, or to advance any type of financial scam such as
"pyramid schemes," "ponzi schemes," and
"chain letters" is prohibited This also includes any knowing
misrepresentation or misleading statement, writing or activity made
with the intent that the person receiving it will act upon it.
Forgery or impersonation:
Adding, removing or modifying identifying network header information
in an effort to deceive or mislead is prohibited. Attempting to
impersonate any person by using forged headers or other identifying
information is prohibited. Forging any message header, in part or
whole, of any electronic transmission, originating or passing through
our service is in violation of the TOS. The use of anonymous remailers
or nicknames does not constitute impersonation.
Unsolicited commercial
e-mail/Unsolicited bulk e-mail (SPAM):
Use of our service to
transmit any unsolicited commercial or unsolicited bulk e-mail is
expressly prohibited. Violation of this SPAM policy will result in
severe penalties. Upon notification of an alleged violation of our
SPAM policy, we will initiate an investigation. During the
investigation, we may restrict Subscriber access to the network to
prevent further violations. If a Subscriber is found to be in
violation of our SPAM policy, we may, at our sole discretion,
restrict, suspend or terminate the Subscriber's account. Further, we
reserve the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation. We will
notify law enforcement officials if the violation is believed to be a
criminal offense. Anyone using our service to host websites or
services that support spammers or cause any of our IP space to be
listed in any of the various Spam Databases will have their account(s)
immediately suspended. The account will not be unsuspended until such
time that you agree to remove any and all traces of the offending
material immediately upon reconnection. First violations of this
policy will result in an "Administrative Fee" of $175 and
your account will be reviewed for possible immediate termination.
Severe violations may result in immediate and permanent removal of the
account(s) from our network without notice to the customer. A second
violation will result in an "Administrative Fee" of $300 and
immediate termination of your account.
E-mail/News Bombing:
Malicious intent to impede another person's use of electronic mail
services or news will result in the immediate termination of the
offending account. Admin charges are usually about 150$ Per Hour.
Usenet Abuse/Spamming:
We
have a zero tolerance policy for the use of our service for the
posting of messages or commercial advertisements which violate the
rules, regulations, or charter of any newsgroups or mailing list.
Commercial messages that are appropriate under the rules of a
newsgroup or mailing list or that are solicited by the recipients are
permitted. Admin charges are usually about 150$ Per Hour.
Unauthorized access:
Use of our service to access, or to attempt to access, the accounts of
others, or to penetrate, or attempt to penetrate, security measures of
ours or another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether or not
the intrusion results in the corruption or loss of data, is expressly
prohibited and the offending account is subject to immediate
termination. You may not attempt to circumvent user authentication or
security of any host, network or account. This includes, but is not
limited to, accessing data not intended for you, logging into or
making use of a server or account you are not expressly authorized to
access, or probing the security of other networks. Use or distribution
of tools designed for compromising security is prohibited. Examples of
these tools include, but are not limited to, password guessing
programs, cracking tools or network probing tools. Violations of
system or network security may result in civil or criminal liability.
We will investigate occurrences, which may involve such violations and
may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations.
Copyright or trademark
infringement:
Use of our service to transmit any material (by
e-mail, uploading, posting or otherwise) that infringes any copyright,
trademark, patent, trade secret or other proprietary rights of any
third party, including, but not limited to, the unauthorized copying
of copyrighted material, the digitization and distribution of
photographs from magazines, books, or other copyrighted sources, and
the unauthorized transmittal of copyrighted software is prohibited.
This also includes intellectual property rights. Distribution and/or
posting of copyrighted or the aforementioned infringements will not be
tolerated.
How to report Copyright
Violations:
All IWebVault customers are subject to the requirements of the DMCA.
Individuals or entities submitting notifications of copyright
infringement by a IWebVault customer (per the DMCA) to IWebVault must
follow the below procedures. Copyright infringement notifications
submitted to IWebVault according to these procedures will be processed
within 21 days of receipt. Customers who are the subject of a DMCA
notification that meets the below criteria may be subject to account
termination at IWebVault's sole discretion. Digital Millennium
Copyright Act ("DMCA") sets forth the requirements for valid
copyright infringement notification. If you would like to notify
IWebVault of an infringement of your copyright, the DMCA requires that
you:
1. Send your notification to support@IWebVault.com
2. Include in your notification the following information
a) A physical or electronic signature of the copyright owner or a
person authorized to act on the copyright owner's behalf (the
"Claimant")
b) Identification of the copyrighted work(s) claimed to have been
infringed
c) Identification of the material claimed to infringe the copyright(s),
and enough information for IWebVault to locate it
d) The Claimant's name, address, and telephone number(s)
e) A statement that the Claimant has a good faith belief that use of
the disputed material is not authorized by the copyright owner or his
agent
f) A statement, under penalty of perjury, that the information in the
notification of copyright infringement is accurate and that the
Claimant is authorized to act on behalf of the copyright owner
Collection of personal data:
Use
of the service to collect, or attempt to collect, personal information
about third parties without their knowledge or consent is prohibited.
Admin charges are usually about 75$ Per Hour.
Network disruptions and
unfriendly activity:
Use of the service for any activity
which affects the ability of other people or systems to use our
services or the Internet is prohibited. This includes "denial of
service" (DdOS) attacks against another network host or
individual user. Interference with or disruption of other network
users, services or equipment is prohibited. This includes, but is not
limited to: "flooding" of networks, deliberate attempts to
overload a service, and attempts to "crash" a host. It is
the Subscriber's responsibility to ensure that their account(s) are
configured in a secure manner. A Subscriber may not, through action or
inaction, allow others to use their account for illegal or
inappropriate actions. A Subscriber may not permit their account,
through action or inaction, to be configured in such a way that gives
a third party the capability to use their account in an illegal or
inappropriate manner. Unauthorized entry and/or use of another company
and/or individual's computer system will result in immediate account
termination. We will not tolerate any Subscriber attempting to access
the accounts of others, or penetrate security measures of other
systems, whether or not the intrusion results in corruption or loss of
data. We reserve the right, to drop the section of IP space involved
in Spam or Denial-of-Service complaints if it is clear that the
offending activity is causing great harm to parties on the Internet.
In particular, if open relays are on your account, or if denial of
service attacks are originating from your account. In certain rare
cases, we may have to do this before attempting to contact you. If we
do this, we will contact you as soon as is feasible. Admin charges are
usually about 85$ Per Hour.
Distribution of Viruses:
Intentional distributions of software or anything that attempts to
and/or causes damage, harassment, or annoyance to persons, data,
and/or computer systems are prohibited. Such an offense will result in
the immediate termination of the offending account. Admin charges are
usually about 150$ Per Hour.
Inappropriate Use of Software:
Use of software or any device that would facilitate a continued
connection, i.e. pinging, while using our services could result in
suspension of service.
IRC networks:
It is
forbidden to host IRC (Internet Relay Chat) that is part of or
connected to another IRC network or server. Accounts found to be
connecting to or part of these networks will be immediately suspended
without notice. The account will not be unsuspended until such time
that you agree to remove any and all traces of the offending material
immediately upon reconnection. Severe violations may result in
immediate and permanent removal of the account(s) from our network
without notice to the customer. Any user who commits a second
violation will be immediately and permanently removed from our network
without notice. Admin charges are usually about 75$ Per Hour.
Streaming Video and Audio:
Streaming Video and Audio is not permitted on our servers. Admin
charges are usually about 75$ Per Hour
Eggdrop Scripts:
Eggdrop scripts/bots and IRC bots of any type are not allowed, these
are grounds for immediate account deletion.
Adult Material:
Adult
Material is not allowed, unless specified in your package deal. If a
website is found to contain adult material that is not on an adult
approved server/package, the website will be suspended.
Objectionable Material:
You may not use our service to publish material, which we determine,
at our sole discretion, to be unlawful, indecent or objectionable. For
purposes of this policy, "material" refers to all forms of
communications including but not limited to: narrative descriptions,
graphics (including photographs, illustrations, images, drawings,
logos), executable programs, video recordings, and audio recordings.
If you unsure if your content is objectionable, please contact us
before posting it.
Chinese and Russians Forums:
Chinese
and Russians Forums are not allowed on our network. These sites
require too much CPU usage. They typically require a dedicated server
to run properly. If they are found on any server we will suspend
and/or terminate them. Admin charges are usually about 75$ Per Hour.
ANIME:
Anime websites
are not allowed on our network. If an Anime website is found we will
terminate the account. These sites are not allowed on our servers
because most of them are illegal, and almost inevitably cause server
problems. Admin charges are usually about 75$ Per Hour.
Demo Accounts:
Due to
the potential of a security breach, or malicious activity aimed at our
network, control panel demo accounts are not allowed. We recommend
linking directly to the control panel maker's website for their demo
(for example www.cpanel.net). Admin charges are usually about 75$ Per
Hour.
Use of our service by minors:
Persons under the age of eighteen (18) must have permission from their
parent/guardian to use our services. By signing up for our service,
you agree that you are over the age of eighteen, OR your
parent/guardian has permitted you to do so and has read and agreed to
the TOS, and has accepted responsibility for any actions you may take
as a minor under their custody. Admin charges are usually about 75$
Per Hour.
III) SECURITY
By using our services you agree to
adopt adequate security measures to prevent or minimize unauthorized
use of your account. Your password provides access to your account. It
is your responsibility to keep your password secure. Sharing your
password and account access with unauthorized users is prohibited. You
should take care to prevent others from using your account since you
will be held responsible for such use.
Subscribers will be held responsible
for any activity by third parties using their accounts in a way that
violates the TOS. You are responsible for any misuse of your account,
even if the inappropriate activity was committed by a friend, family
member, guest or employee. Therefore, you must take steps to ensure
that others do not gain unauthorized access to your account.
Subscribers who are resellers are
responsible for enforcing the TOS to all of their clients. If their
clients are found to be violating the TOS, we will suspend and
or/terminate the offending site and let the reseller know. It is
advisable that you adopt similar or stricter policies than ours. Our
Subscribers may use and/or modify a copy of our TOS for use on their
website(s).
IV) NETWORK PERFORMANCE
By using our service you agree to abide
by this policy. Our services operate on shared resources. Excessive
use or abuse of these shared network resources by one customer may
have a negative impact on all other customers. Misuse of network
resources in a manner which impairs network performance is prohibited
by this policy and may result in termination of your account.
You are prohibited from excessive
consumption of resources, including CPU time, memory, disk space and
session time. You may not use resource-intensive programs which
negatively impact other customers or the performances of our systems
or networks. This may include certain scripts or forums that put
excessive use on the SQL server in a way which degrades performance
for other users. We reserve the right to terminate or limit such
activities. Additionally, if your account(s) becomes the target of
denial-of-service (DOS or DDOS) or other malicious attacks against the
server, we reserve the right to end your service.
Policy for Unlimited Accounts:
Unlimited Accounts are indeed unlimited per these terms of service.
For all legal and practical purposes, the word "unlimited",
as used in any of our advertising or other material, shall be defined
only by these terms of service. These accounts are not to be used to
host a collection of Music and Videos or any other media files (MP3,
OGG, AVI, MPEG, ISO, etc..) or Warez (including links to/from),
Hacking/Cracking. An account may not be used to backup your computer
or another source. They may not be used for general storage of any
type. All content stored on an unlimited account must be directly used
on the Internet by the website associated with that account. These
accounts may not be used as a download distribution point for your
software or files. They are to be used for standard web practices
only. This means that all content stored on an unlimited account must
be used for “normal” website use. “Un-normal” usage is
anything that a shared server would not be able to provide under
standard circumstances. If your account requires resources that are
not able to be provided by a shared server, we may require you to rent
a dedicated server. If you are unsure of whether your account may
violate this policy, please contact us prior to subscribing. Admin
charges are usually about 75$ Per Hour.
V) PAYMENT POLICY
By using our services you agree to the
following payment policy and instructions.
Refunds and Disputes:
All
payments to IWebVault are nonrefundable. This includes the one time
setup fee and subsequent charges regardless of usage. All overcharges
or billing disputes must be reported within 30 days of the time the
dispute occurred. If you dispute a charge to your credit card issuer
that, in IWebVault's sole discretion is a valid charge under the
provisions of the TOS and /or AUP, you agree to pay IWebVault an
"Administrative Fee" of not less than $50 and not more than
$350.
Payment/Subscription:
Establishment of this service is dependent upon receipt by the Company
of payment of stated charges. We require that all Subscribers use an
automatically recurring payment subscription through one of our
payment processors. Your recurring subscription must remain active at
all times for your account to remain activated. If a subscription
becomes inactive and/or is cancelled, we will suspend the account and
issue a warning to the Subscriber to their email address on file. If
the subscription is not rectified within 7-days of the warning we will
delete the account from the server. If it is a reseller account we
will also delete any domains “under” the primary account. Such
termination or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus reasonable interest and
any collection fees. We may allow some users to purchase our services
with a one-time payment or subscription that is not automatically
recurring. Any such allowance does not forfeit our right to require
any such user to activate a recurring subscription at any time.
Cancellation:
All
cancellations must be made by the subscriber by canceling their
recurring subscription. We will not comply with verbal or written
requests to cancel accounts. It must be done by canceling the
subscription with the payment processor. Upon notification that a
subscription has been cancelled we will delete the Subscriber’s
account from the server. We will not wait until the end of any
advertised or perceived billing cycle, and we will not refund any
unused portions of any subscription payment. We require that a
recurring subscription be active at all times and will therefore
delete the account upon termination of the subscription.
Service Rates:
Subscriber acknowledges that the nature of the service furnished and
the initial rates and charges have been communicated to Subscriber.
Subscriber is aware that the Company may prospectively change the
specified rates and charges from time to time. The promotional offer
is contingent upon Company achieving and maintaining its cost of
service goals including but not limited to rates charged to company by
its suppliers.
VI) GENERAL OPERATIONS
By using our service you agree to the
following policy and limitations pertaining to our services.
Uptime:
Subscriber
acknowledges that the service provided is of such a nature that
service can be interrupted for many reasons other than the negligence
of the Company and that damages resulting from any interruption of
service are difficult to ascertain. Therefore, Subscriber agrees that
the Company shall not be liable for any damages arising from such
causes. In no event shall the Company be liable for any special or
consequential damages, loss or injury. Although many of our own
network providers guarantee an uptime of 99% or more, we make no
guarantees about uptime performance because we realize there are
influencing factors that are outside of our control, and in most cases
even outside the control of the data centers and network providers we
work with.
Support Boundaries:
We
provide technical support to our Subscribers. We limit our technical
support to our areas of expertise. We provide support related to your
account or virtual site’s physical functionality. We do not offer
tech support for application specific issues such as cgi programming,
html, or any other such issue. We do not provide technical support for
your customers, unless an outsourced support subscription has been
purchased. We provide a variety of support information and options to
our Subscribers. These support options can be found on the support
page of our website.
Abuse of Our Staff or Network
Staff:
Abuse and use of blackmail towards company
representatives will not be tolerated. If you use foul language, or do
anything that is categorized offensive by federal laws, we may suspend
and/or delete your account. Per our payment policy we offer no
refunds.
Internet Protocol (IP) Address
Ownership:
If we assign a Subscriber an IP address for the
Subscriber's use, the right to use that IP address shall belong only
to us, and Subscriber shall have no right to use that IP address
except as permitted by us in our sole discretion in connection with
the services. We shall maintain and control ownership of all IP
numbers and addresses that may be assigned to Subscriber by us, and we
reserve the right to change or remove any and all such IP numbers and
addresses, in our sole and absolute discretion. Our allocation of IP
addresses is limited by the policies set forth by ARIN (American
Registry for Internet Numbers). These policies state that use of IP
addresses for IP-based virtual hosts will not be accepted as
justification for new IP addresses. What this means to you is that you
MUST use name-based hosting where possible. We will periodically
review IP address usage, and if we find that clients are using IP
addresses where name-based hosting could be used, we will revoke
authorization to use those IP addresses that could be used with
name-based hosting.
Bandwidth and Disk Usage:
Subscriber
agrees that bandwidth and disk usage shall not exceed the quota for
the services ordered by Subscriber on the order form (the "Agreed
Usage"). We will monitor Subscriber's bandwidth and disk usage.
We have the right to take corrective action if Subscriber's bandwidth
or disk usage exceeds the Agreed Usage in our sole discretion. Such
corrective action may include the assessment of additional charges, or
disconnection or discontinuance of the service. If we take any
corrective action under this section, Subscriber shall not be entitled
to a refund of any fees paid in advance prior to such action.
VII) VIOLATION REPORTING
By using our service you agree to
report violations of the TOS to us. Anyone who believes that there is
a violation of our TOS should direct such information to us by email
immediately. If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or
offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of the above, as do
system log files. Other situations will require different methods of
providing the above information. We may take any one or more of the
following actions in response to complaints:
Issue written or verbal warnings
Suspend the Subscriber's newsgroup posting privileges
Suspend the Subscriber's account
Terminate the Subscriber's account
Bill the Subscriber for administrative costs and/or reactivation
charges
Bring legal action to enjoin violations and/or to collect damages, if
any, cause by violations
VIII) VIOLATION PROCEDURES
By using our services you understand
and agree with the following procedures and policies.
We are under no duty to look at each
Subscriber's or user's activities to determine if a violation of the
TOS has occurred, nor do we assume any responsibility through our TOS
to monitor or police Internet-related activities.
First violation:
Any
Subscriber, which we determine to have violated any element of the TOS,
shall receive an email, warning them of the violation. The service may
be subject at our discretion to a temporary suspension pending a
Subscriber's agreement in writing, to refrain from any further
violations.
Second Violation:
Subscribers
that we determine to have committed a second violation of any element
of this Acceptable Use Policy shall be subject to immediate suspension
or termination of service without further notice.
Suspension of Service or
Cancellation:
We reserve the right to suspend network access
to any Subscriber if in the judgment of the network administrators the
customer's account is the source or target of the violation of the TOS
or for any other reason which we choose. If inappropriate activity is
detected, all accounts of the Subscriber in question will be
deactivated until an investigation is completed. Prior notification to
the Subscriber is not assured. In extreme cases, law enforcement will
be contacted regarding the activity.
IX) MISCELLANEOUS PROVISIONS
Indemnification: In agreeing to the TOS,
Subscriber indemnifies us for any violation of the TOS that results in
loss to us or the bringing of any claim against us by any third-party.
This means that if we are sued because of a Subscriber's or a customer
of a Subscriber's activity, the Subscriber will pay any damages
awarded against us, plus all costs and attorney's fees.
Contact Information:
You must provide us with, and keep current, good contact information
for yourself including an E-mail address and telephone number. If we
fail to communicate any information to you due to a non-current,
inoperative, or incorrect email address you are still responsible and
accountable for any such information we attempted to communicate.
Waiver:
A waiver by
the Company of any breach of any provision of the TOS by Subscriber
shall not operate as or be construed as a continuing or subsequent
waiver thereof or as a waiver of any breach of any other provision
thereof.
Assignment:
Subscriber
shall not transfer or assign the TOS without the prior written consent
of the Company. Company may assign the TOS at anytime without consent
from or notice to Subscriber. Company reserves the right to cancel
Subscriber’s rights under this contract at any time without further
obligation.
3rd Party Disclaimer:
We take no responsibility for any material input by others and not
posted to our website by us. We are not responsible for the content of
any other websites linked to us; links are provided as Internet
navigation tools only. We disclaim any responsibility for any such
inappropriate use and any liability to any person or party for any
other person or party's violation of this policy.
Disclaimer of warranties:
We are not responsible for any damages your business may suffer. We do
not make implied or written warranties for any of our services. We
deny any warranty or merchantability for a specific purpose. This
includes loss of data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions caused by us.
3rd Party Software and
Services:
We may provide you access to third party software
and/or services ("Third Party Products ") through reseller
relationships we have established with certain commercial vendors.
Subscriber understands that product support for Third Party Products
is provided by us and not by the Third Party Vendor, unless otherwise
notified. Neither us nor any Third Party Vendor makes any
representations or warranties, express or implied, regarding any Third
Party Products. Subscriber expressly acknowledges and agrees that use
of third party products is at customer's sole risk and such third
party products are provided "as is" and without
representation or warranty of any kind from us or any third party
vendor, including without limitation, any implied warranty of
merchantability, fitness for a particular purpose, accuracy or
completeness of responses or results, correspondence to description,
or non-infringement of third party rights. To the maximum extent
permitted by applicable law, neither us nor any third party vendor
will be legally responsible for any damages, whether direct, indirect,
or consequential, arising from the use or inability to use any third
party product. Subscriber agrees to observe the terms of any license
and/or applicable end-user subscriber agreement for third party
products and that customer shall be fully liable to third party
vendors and us with respect to any improper use of such third party
products or violation of license agreements with them and/or
applicable end user subscriber agreements. Subscriber agrees not to
remove, modify or obscure any copyright, trademark or other
proprietary rights notices that appear on Third Party Products or that
appear during the use of Third Party Products. Subscriber further
agrees not to reverse engineer, decompile, or disassemble the Third
Party Products.
Revisions to the TOS:
We reserve the right to revise, amend, or modify the TOS at any time
and in any manner. In such case the amended or revised TOS will be
posted to our website. Subscriber understands that changes to the TOS
shall not be grounds for early contract termination or non-payment.
Location
and Severability:
The TOS shall be construed in all respects in accordance with the laws
of the State of New York. If any part of the TOS is found to be
invalid or unenforceable by law, the remainder of the TOS will remain
enforceable and in full effect.
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