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Web Hosting and Email Service Agreement
Integrity Professional
Business Solutions ("Integrity PBS")
is a Web Hosting Provider. Web sites and email services placed
with Integrity PBS are subject to compliance with the terms and
conditions set forth below. Under the terms of this agreement,
your placement or placement on your behalf of information with
Integrity PBS is an acknowledgement that you have read and
understood this agreement, and that you agree to be bound by the
terms and conditions below. If you do not wish to be bound by
these terms and conditions, you should not proceed to purchase
web hosting or email services from Integrity PBS. It is fairly
standard legalese. Although it may sound harsh, rest assured
that we have nothing but good intentions towards our customers.
Like all of our policies, the contract is designed to maximize
the efficiency and quality of our service for all customers.
1. USER CONDUCT
Integrity PBS
services may only be used for lawful purposes. Any use of these
services that violates any local, state, federal, or
international laws that may apply to
Integrity PBS,
your local jurisdiction, or any jurisdiction that you or your
site may be subject to is strictly prohibited. While using the
service, you may not:
a.
Restrict or inhibit any other user from using and
enjoying the Internet;
b.
Post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, offensive, indecent,
pornographic, profane, or otherwise objectionable information of
any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise
violate any local, state, federal or international law,
including without limitation the U.S. export control laws and
regulations, and laws protecting intellectual property including
copyright, trademark, trade secret, misappropriation and
anti-dilution laws;
c.
Post, publish, transmit, reproduce or distribute
any information or software which contains a virus or other
harmful component;
d.
Post, publish, transmit, reproduce, distribute or
in any way exploit any information, software, or other material
obtained through the service for commercial purposes (other than
as expressly permitted by the provider of such information,
software, or other material)
2. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless
Integrity PBS
from any and all liability, penalties, losses, damages, costs,
expenses, attorneys' fees, causes of action or claims caused by
or resulting indirectly from your use of the service which
damages either you,
Integrity PBS,
or any other party or parties without limitation or exception.
This indemnification and hold harmless agreement extends to all
issues associated with your account, including but not limited
to domain name selection, Web site content and email use.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
Integrity PBS
reserves the right to refuse or discontinue service to anyone at
Integrity PBS
sole discretion.
Integrity PBS
may deny you access to all or part of the service without notice
if you engage in any conduct or activities that
Integrity PBS
in its sole discretion believes violates any of the terms and
conditions in this agreement.
Integrity PBS
shall have no responsibility to notify any third-party providers
of services, merchandise, or information, nor any responsibility
for any consequences resulting from such discontinuance or lack
of notification. You agree that
Integrity PBS
has the right to monitor the service electronically from time to
time and to disclose any information as necessary to satisfy the
law, or to protect itself or its subscribers.
Integrity PBS
reserves the right to refuse to post or to remove any
information or materials, in whole or in part, that, in its sole
discretion, are unacceptable, undesirable, or in violation of
this agreement.
4. NO WARRANTIES
Integrity PBS
makes no warranties or representations of any kind for the
services being offered. The service is provided on an "as is"
and "as available" basis without warranties of any kind, either
express or implied, including but not limited to warranties of
title, non-infringement, or implied warranties of
merchantability or fitness for a particular purpose. No advice
or information given by
Integrity PBS
or its agents or employees shall create a warranty.
Integrity PBS
provides no warranty that the service will be uninterrupted or
error free or that any information, software or other material
accessible on the service is free from viruses or other harmful
components. Under no circumstances shall
Integrity PBS
be liable for any direct, indirect, special, punitive, or
consequential damages that result in any way from your use of or
inability to use the service, or for third parties' use of the
service to access your Web space, or to access the Internet or
any part thereof, or your or any third parties' reliance on or
use of information, services, or merchandise provided on or
through the service, or that result from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in
operation or transmission, or any failure of performance. If you
are dissatisfied with
Integrity PBS
service or any of its terms, conditions, rules, policies,
guidelines, or practices, your sole and exclusive remedy is to
discontinue using the service.
You understand that by placing information on
the Internet
that such information becomes available to all Internet users
and that Integrity
PBS has no way of limiting or restricting
access to such information or protecting such information from
copyright infringement. You assume total responsibility and risk
for your use of the Internet. It is solely your responsibility
to evaluate the accuracy, completeness, and usefulness of all
opinions, advice, services and other information, and the
quality and merchantability of all merchandise provided through
Integrity PBS
or on the Internet generally.
5.
Electronic Communications Privacy Act
(ECPA) NOTICE
Integrity PBS
reserves the right to monitor any and all communications through
or with our facilities. You agree that
Integrity PBS
is not considered a "secure communications medium" for the
purposes of the ECPA, and that no expectation of privacy is
afforded.
6. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for use of
this account, are at least 18 years of age. You agree to supply
Integrity PBS
with a current and truthful name, postal address and telephone
number for our records, and you have a continued obligation to
keep this information current. You also agree that you are an
authorized user of any credit card that you supply to us and
agree that we have an obligation to fully investigate any
possible fraudulent credit card use.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the
proper operation of the system, including but not limited to
defeating identification procedures, obtaining access beyond
that which you are authorized for, and impairing the
availability, reliability, or quality of service for other
customers. You further agree not to interfere with the proper
operation of other systems reachable through the Internet,
including any attempt at unauthorized access. You agree to
follow the Acceptable Use Policy of any network or service you
connect to. You agree to adhere to system policies as published
online by Integrity
PBS, including restrictions on services
available with each account type, restrictions on certain
features, and all other policies designed to protect and enhance
the quality and reliability of service at
Integrity PBS.
You agree to abide by any and all future
Integrity PBS
policy decisions.
8. SECURITY
You agree that the security of your account is solely your own
responsibility. You further agree that if you believe the
security of your account has been compromised in any way, you
will notify
Integrity PBS immediately by telephone at
(570) 772-4229 and by email to security@IntegrityPBS.com. You
shall be held fully responsible for any misuse or compromise to
your account for which
Integrity PBS
is not properly notified. You agree that if any security
violations are believed to have occurred in association with
your account,
Integrity PBS has the right to suspend
access to the account pending an investigation and resolution.
You also agree that
Integrity PBS
has the right to cooperate in any government or legal
investigation regarding any aspect of our services, including
services sold to you. Any use of our system to engage in
software piracy or other violations of law will result in
account suspension and be immediately reported to the
appropriate authorities.
9. BACKUP OF DATA
Your use of the service is at your sole risk.
Integrity PBS
is not responsible for files and data residing on your account.
You agree to take full responsibility for files and data
transferred and to maintain all appropriate backups of files and
data.
10. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising
or other harassing or illegal materials through electronic mail,
Usenet postings, or other Internet media. The use of
Integrity PBS
or any other service with reference to services obtained through
Integrity PBS,
for unsolicited mass mailings, postings, or other activities
considered an annoyance to others, commonly referred to as
"spamming" is strictly prohibited and may cause your services to
be terminated immediately and without warning and you will be
held fully responsible for any damages to you,
Integrity PBS,
or any other party or parties resulting from any such conduct.
11. PAYMENT
Payment of the Integrity PBS Web Hosting/Email service fee is
due on the first day of the billing period of the selected
service option. An Integrity PBS Web Hosting/Email Service
account is in default if payment of the Web Hosting/Email
service fee is not received within 15 days after payment is due.
Accounts unpaid 30 days after payment is due may have their
service interrupted. Such interruption does not relieve the
Client from the obligation to pay the Web Hosting/Email service
fee. You agree that until and unless you notify
Integrity PBS
of your desire to cancel any or all services received, those
services will be billed on a recurring basis. You agree that if
you are paying by credit card, prepayments will be billed and
charged automatically, and that
Integrity PBS
may apply the amount due to the provided card at any time. You
agree that pro-rated refunds for unused time periods will not
provided in the event of account termination. No refund will be
given if termination is due to breach of contract.
·
You agree a late payment fee of $10 may be assessed if payment
is not received by due date.
·
If a payment remains past due for more than 30 days interest fee
of 18% APR will be applied.
·
You agree to pay any collection and attorney fees.
12. REFUND POLICY
You agree that all setup fees are non-refundable once setup is
completed. The first Term of service is not refundable under any
circumstances. Refunds of renewal fees paid to Integrity PBS
shall only be made for fully unused calendar months of service
that the Client desires to cancel. Client shall not be entitled
to any refund of any monies under any circumstances should this
agreement be terminated due to a violation of the Integrity PBS
Web Hosting/Email Service Agreement terms.
13. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral
communication you may have had with
Integrity PBS
or any agent or representative thereof, and constitutes the
complete and total agreement between the parties.
14. SEVERABILITY
If any provision of this agreement is determined to be invalid
or unenforceable, all other provisions shall remain in full
force and effect and said provision shall be reformed only to
the extent necessary to make it enforceable.
15. JURISDICTION
The laws of the State of Pennsylvania shall govern this
agreement.
16. ACKNOWLEDGEMENT
By placing and continuing to maintain or place information with
Integrity PBS
you are stating and acknowledging that you have read
the aforementioned terms and conditions and that you understand
such terms and conditions and agree to be bound by them.
17. ACCOUNT TERMINATION
The Client agrees that Integrity PBS has the right to delete all
data, files or other information that is stored in the Client's
account, if the Client's account with Integrity PBS is
terminated by either Integrity PBS or the Client. Integrity PBS
shall have the right to suspend service to the Client at any
time, and for reasonable cause, without notice. If such a
suspension is to last for more than 15 days, the Client will be
notified as to the reason.
18. Other Information
Integrity PBS reserves the right to modify these Terms and
Conditions by notifying the Client 30 days in advance of the
effective date of the modifications. Only Integrity PBS can
modify this service agreement. |
