Integris Business Web Hosting

INTEGRIS WEB HOSTING TERMS OF SERVICE

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1. ACCEPTANCE OF TERMS OF SERVICE

1. As a precondition and requirement to use the services available via Integris Web Hosting, you, for yourself and for the company or other person(s), if any, you represent (“Subscriber” or “Subscribers”, as applicable), hereby accept and agree to be legally bound by these Terms of Service (“Terms”). These Terms are effective immediately between the Subscriber and Integris Marketing LLC, dba Integris Web Hosting, its subsidiaries and affiliates. Each Subscriber is subject to these Terms, and by using Integris Web Hosting’s services, network and/or systems (collectively the “Services”), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.

1. Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Subscriber represents and warrants all information provided by Subscriber to Integris Web Hosting has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Integris Web Hosting in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although subscribers of paid services offered through Integris Web Hosting must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Terms, a parent or legal guardian of a minor may obtain an account on the minor’s behalf, and by doing so, consents to such minor’s use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor’s use of any of the Services.

1. Integris Web Hosting intends to provide the best possible web hosting service to each of its Subscribers. Integris Web Hosting is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Integris Web Hosting reserves the right, at its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.

1. Subscribers may view the most current version of these Terms at www.Integris Web Hosting/terms. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the Integris Web Hosting website, shall constitute Subscriber’s acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber’s sole and exclusive remedy is to cancel the Subscriber’s account as set forth in Paragraph 3 below.

1. E. Notwithstanding Integris Web Hosting’s right to alter these Terms without prior notice, Integris Web Hosting may, within its sole discretion and as a courtesy to all affected Subscribers, make an effort to provide Subscribers with 7 days advanced notice of any alteration of these Terms if it appears to Integris Web Hosting, in its sole discretion, that said alteration may materially and adversely impact said Subscriber’s use of the Services.

1. F.  If Subscriber is registering a new domain name with Integris Web Hosting, or using or transferring a previously registered domain name in conjunction with Subscriber’s use of the Services, Subscriber hereby acknowledges and agrees that Subscriber’s use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”) and the Domain Registration Agreement located at http://api.fastdomain.com/html.

2. TERM – PAYMENT – ACCOUNT RENEWAL

3. Term of Service: The term of Subscriber’s subscription to the Services commences upon Subscriber’s acceptance of these Terms and terminates as set forth in Section 2 Paragraph D and Section 3.

1. Payment: Subscriber agrees to pay all applicable fees for Services in effect at the time of registration and/or renewal, subject to these Terms as same may be modified by Integris Web Hosting from time to time.

1. Automatic Account Renewal:  Fourteen (14) days prior to the expiration of Subscriber’s hosting account, Integris Web Hosting will automatically renew Subscriber’s hosting account, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Subscriber’s originally-selected method of payment.

1. Cancellation of Automatic Account Renewal: To cancel Automatic Account Renewal, Subscriber must notify Integris Web Hosting of Subscriber’s intent to cancel at least sixteen (16) days prior to the account expiration date, by directing Automatic Renewal Cancellation Notification to Integris Web Hosting by sending same via email to accounts@integrishosting.com. Integris Web Hosting agrees that on receipt of Automatic Renewal Cancellation Notification under the conditions stated above, no additional charges will be billed to Subscriber, and Subscriber’s hosting account shall expire on the account expiration date.

1. Authority: In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing Integris Web Hosting Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, LLC, partners, joint venture or other individuals in this manner and in connection with Subscriber’s acceptance of all other Terms set forth herein.

3. CANCELLATION OF SERVICES – REFUND POLICY

1. Cancellations and Refunds. Integris Web Hosting provides a 30-day money back guarantee for new hosting account registrations, subject to the following terms and conditions:

1. Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of Domain Registration, Domain Transfers, or any add-on services such as dedicated IP, SSH, SSL and setup fees are nonrefundable.
2. Cancellations within First 3 Days of Registration. In the event Subscriber cancels the Services prior to the expiration of 3 calendar days after registration, Subscriber will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Nonrefundable Fees set forth in Section 3, Paragraph A.1. Subscriber has the option, but not the obligation, to retain ownership and control of any promotional “Free Domain Names” registered in connection with the subscription, in which case Subscriber’s refund will be reduced by $10 per domain name.
3. Cancellations After 3 Days and Before 30 Days. In the event Subscriber cancels the Services after the expiration of 3 calendar days after registration, but prior to the expiration of 30 calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees set forth in Section 3, Paragraph A.1. subject to the following additional mandatory reductions:
4. a) Free Domain Names: If Subscriber registers any domain name as part of a “Free Domain Name” promotion in connection with the registration, Subscriber’s refund will be reduced by $10 per domain name. Subscriber will retain full ownership and control of any such domain names.
5. b) Postini and DedIP: Any fees paid by Subscriber in connection with Postini or DedIP will be refunded at a prorated rate based on the registration date, the term of service, and the date of cancellation.
6. c) Cancellations After 30 Days. Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees set forth in Section 3, Paragraph A.1 and setup fees, if any, which are nonrefundable after 30 calendar days, receive a pro-rated refund for all other fees paid for Services, less $10 per “Free Domain Name.”

1. Notice of Cancellation. Subscriber must direct all cancellation requests to Integris Web Hosting via email sent to accounts@integrishosting.com.

50. Charge backs and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $50.00 billing service fee.

4. PROPRIETARY RIGHTS

These Terms do not give Subscriber any rights in Integris Web Hosting intellectual property or technology. Integris Web Hosting and related trademarks and logos are the exclusive property of Integris Web Hosting. Integris Web Hosting and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Integris Web Hosting from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.

5. SECURITY AND OWNERSHIP

1. Site Security. Integris Web Hosting uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber’s obligation to maintain and control passwords to Subscriber’s web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber’s user name, password and registered domain name(s). Subscriber agrees to immediately notify Integris Web Hosting of any unauthorized uses of the Service or any other breaches of security. Integris Web Hosting will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber’s failure to comply with the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber’s Services.

3. Site Ownership. Integris Web Hosting claims no ownership interest in the content of Subscriber’s web site(s). By submitting content and data to Integris Web Hosting, Subscriber grants to Integris Web Hosting, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber’s copyrights and other rights, if any, in all material and content displayed in Subscriber’s web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on Integris Web Hosting’s servers during the term of these Terms. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber’s cancellation of the Services as set forth in Section 2 Paragraph D and Section 3.

6. PRIVACY POLICY

1. Commitment. The Integris Web Hosting commitment to our Subscribers’ privacy is set forth in this section. Except as required by law or as otherwise provided herein, Integris Web Hosting will take commercially reasonable steps to ensure your right to privacy. Integris Web Hosting is committed to developing long lasting relationships that are built on trust and will never intentionally violate that trust.

1. Encryption. When Subscriber orders from Integris Web Hosting, Personal Data Transmissions are encrypted. When Subscriber orders from Integris Web Hosting, all of Subscriber’s personal information is protected. Integris Web Hosting uses Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers.

1. Confidentiality. With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with Integris Web Hosting, subject to specific confidentiality agreements, Integris Web Hosting will not provide or sell to any third party your personal information and will keep all Subscriber information confidential, subject to the following:
2. Upon registration, certain Subscriber information is transferred to WHOIS (domain registration information), to our affiliated third-party registrar, FastDomain, to Postini (email addresses), and to Comodo (SSL cert. creation).
3. Integris Web Hosting will respond to subpoenas, court orders, or other legal process, and will utilize Subscriber information as necessary to establish or exercise Integris Web Hosting’s legal rights or defend against legal claims.
4. Integris Web Hosting will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of these Terms, or as otherwise required by law.
5. Integris Web Hosting may transfer information about Subscribers if Integris Web Hosting is acquired by or merged with another company, in which event Integris Web Hosting will notify Subscriber.

7. “UNLIMITED” USAGE POLICIES AND DEFINITIONS

1. What “Unlimited” means. Integris Web Hosting does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, Integris Web Hosting makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber’s use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.

1. What “Unlimited” DOES NOT mean. Integris Web Hosting employs complex mechanisms to protect its Subscribers and systems from abuse. Integris Web Hosting’s offering of “unlimited” services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.

1) Integris Web Hosting’s service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. Integris Web Hosting’s service is designed to meet the typical needs of small business and home business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server (which we provide as a separate level of service, see pricing).

2) Integris Web Hosting will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Integris Web Hosting does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Integris Web Hosting can evaluate said site’s resource needs.

1. Unlimited Hosting Space. Integris Web Hosting does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber’s website, nor does Integris Web Hosting charge additional fees based on an increased amount of storage used, provided the Subscriber’s use of storage complies with these Terms. Please note, however, that the Integris Web Hosting service is designed to host websites. Integris Web Hosting does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber’s account, with or without notice.

1. Unlimited File Transfer. Integris Web Hosting does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Integris Web Hosting charge additional fees based on increased use of bandwidth, as long as the Subscriber’s use of the Services complies with these Terms. In most cases, a Subscriber’s web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Integris Web Hosting reserves the right to limit processor time, bandwidth, or processes in cases where it is necessary to prevent negatively impacting other Subscribers.

1. Unlimited Domain Hosting. Integris Web Hosting does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber’s web hosting account.

8. COOKIE POLICY STATEMENT

1. General Purposes. Integris Web Hosting understands that many of its Subscribers are concerned about “cookies”, which are electronic collections of information stored on the local computer of a person using the worldwide web and which are used chiefly by websites to keep track of visitors and registered users and to relate one computer transaction to a later one. Integris Web Hosting provides this Cookie Policy Statement to let you, the Subscriber, know how Integris Web Hosting uses this technology. Integris Web Hosting uses cookies to help Integris Web Hosting improve its website and web hosting services, and, most importantly, to provide Integris Web Hosting’s existing Subscribers with the opportunity for continued savings and increased convenience.

1. Cookies for Improving Our Web Site. Integris Web Hosting uses cookies to inform Integris Web Hosting of a repeat visit. The cookie does not tell Integris Web Hosting who a visitor is, the visitor’s name, email address, or Passwords.

1. Cookies for Banner Rewards Program. To offer Integris Web Hosting Subscribers continued savings, Integris Web Hosting uses cookies to help monitor the traffic generated from Integris Web Hosting banners and logo buttons displayed on Integris Web Hosting Subscribers’ websites. For every new Integris Web Hosting Subscriber that is introduced to Integris Web Hosting through a Subscriber’s website, the Subscriber receives a credited discount.

1. Cookies for Subscriber Account Management. For Integris Web Hosting Subscribers, Integris Web Hosting uses cookies to store user names for added convenience to the Webmaster. As part of our web hosting packages, Integris Web Hosting offers password-protected, web-based management tools. By storing a Subscriber’s username in a cookie, the Webmaster will not have to fill out form fields each time he or she manages the account. (The cookie does not store Passwords.) Integris Web Hosting is dedicated to using the newest technologies in order to simplify our Subscribers’ experience.

9. PROHIBITED USES

1. Breach of Terms and Account Termination. The uses of Integris Web Hosting Services set forth in this section 9 herein below are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber (as determined in the sole discretion of Integris Web Hosting) constitutes a material breach of these Terms and will subject Subscriber’s account to immediate termination without notice.

1. Spamming. Spamming, whether or not it overloads the Services or disrupts service to Integris Web Hosting’s Subscribers, is prohibited. The term “Spamming” includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Integris Web Hosting reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, Integris Web Hosting allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.

1. Prohibited Offerings. No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.

1. Profanity. Profanity or profane subject matter in the site content and in the domain name are prohibited.

1. Private Information and Images. Subscribers may not post or disclose any personal or private information about, or images of, children or any third party without the consent of said party (or a parent’s consent in the case of a minor).

1. Violations of Intellectual Property Rights. Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Integris Web Hosting is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see “Copyright Infringement Notice Information” below).

1. Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.

1. Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.

1. Hacking. “Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.

1. Anonymous Proxies. Integris Web Hosting does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.

1. Export Control Violations. The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software are prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.

1. Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Integris Web Hosting is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.

1. Other Illegal Activities. The use of the Services to engage in any activity that is determined by Integris Web Hosting, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Integris Web Hosting will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.

1. Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.

1. Backup Storage. Integris Web Hosting offers its Services to host web sites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice.

1. Other Activities. Engaging in any activity that, in Integris Web Hosting’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Integris Web Hosting’s business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Integris Web Hosting’s Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with Integris Web Hosting in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.

10. COPYRIGHT NOTICE INFRINGEMENT INFORMATION

In accordance with the Digital Millennium Copyright Act, Integris Web Hosting has adopted a policy that provides for termination of websites hosted by Integris Web Hosting that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Integris Web Hosting or a Integris Web Hosting subsidiary, and the copyright holder wants Integris Web Hosting to remove the website or disable the material in question, Integris Web Hosting will remove the website or disable the material if the copyright holder provides us with all of the following information.

1. a. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
3. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

11. GENERAL POLICIES

1. Promotional Pricing. Integris Web Hosting may periodically offer “free” or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and Integris Web Hosting will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.

1. Backups. For its own operational efficiencies and purposes, Integris Web Hosting from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER’S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER’S FILES AND DATA ON INTEGRIS WEB HOSTING SERVERS, AND under no circumstance will Integris Web Hosting be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/OR DATA on any Integris Web Hosting server.

1. Monitoring and Disclosures. All activities occurring on, in, and/or via the Services or any website hosted by Integris Web Hosting may be monitored, recorded, and examined by any authorized person, including as well, law enforcement. In general, Integris Web Hosting does not monitor its Subscribers’ websites or activities to determine whether they are in compliance with these Terms. However, when and if Integris Web Hosting becomes aware of any violation of these Terms, Integris Web Hosting may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via Integris Web Hosting, and/or removing non-complying information. In addition, Integris Web Hosting may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. Integris Web Hosting reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. Integris Web Hosting may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect Integris Web Hosting or others from harm, and/or to ensure the proper operation of the Services. Integris Web Hosting has no obligation to notify any person, including the Subscriber about whom information is sought, that Integris Web Hosting has provided the information.

1. Accurate Account Information. Subscriber must continually update and keep accurate and current Subscriber’s contact information stored and saved on Integris Web Hosting in order to avoid termination of Subscriber’s Integris Web Hosting account(s).

1. Duty to Notify Integris Web Hosting of Breach. If Subscriber discovers anyone on the Integris Web Hosting system violating any of these Terms or notices anything suspicious from the Integris Web Hosting network, Subscriber agrees to report the violation or suspicious activity to accounts@integrishosting.com for investigation. Integris Web Hosting reserves the right to and will immediately terminate any account which Integris Web Hosting concludes to be in violation of any of these Terms.

1. Reservation of Rights. Integris Web Hosting reserves the right to refuse and cancel service to any Subscriber for any lawful reason at any time during Subscriber’s hosting term with Integris Web Hosting.

12. WARRANTY DISCLAIMER – LIMITATIONS – INDEMNIFICATION

1. Warranty Disclaimer. YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. INTEGRIS WEB HOSTING HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY INTEGRIS WEB HOSTING OR INTEGRIS WEB HOSTING’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. INTEGRIS WEB HOSTING DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. INTEGRIS WEB HOSTING DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. INTEGRIS WEB HOSTING DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR INTEGRIS WEB HOSTING IN PARTICULAR.

1. Limitations on Integris Web Hosting’s Liability. INTEGRIS WEB HOSTING SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL INTEGRIS WEB HOSTING BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT INTEGRIS WEB HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. INTEGRIS WEB HOSTING SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. INTEGRIS WEB HOSTING’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL INTEGRIS WEB HOSTING’S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO INTEGRIS WEB HOSTING FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, INTEGRIS WEB HOSTING’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

1. Indemnification Of Integris Web Hosting. YOU, THE SUBSCRIBER, AGREE TO DEFEND, INDEMNIFY AND HOLD INTEGRIS WEB HOSTING, ITS AFFILIATES AND ITS SPONSORS, PARTNERS, OTHER CO-BRANDERS AND THE RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES OF EACH HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE TERMS OR USE BY YOU OR ANY THIRD PARTY OF THE SERVICES, EXCEPT TO THE EXTENT THE FOREGOING DIRECTLY RESULT FROM INTEGRIS WEB HOSTING’S OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. INTEGRIS WEB HOSTING RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, THE SUBSCRIBER.

IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO INTEGRIS WEB HOSTING SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR INTEGRIS WEB HOSTING ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.