REFUSAL OR DISCONTINUANCE OF SERVICE
THE SERVICES ARE 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, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER OR ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY. SERVICE PROVIDER PROVIDES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. You understand that by placing information on Service Provider‘s servers that such information becomes available to all Internet users and that Service Provider 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 Service Provider‘s servers and 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 Service Provider or on the Internet generally
LIMITATION OF LIABILITY
TERM AND TERMINATION
You acknowledge and agree that Service Provider is confi gured such that your electronic communications are readily accessible to the general public for purposes of the Electronic Communications Privacy Act or any other privacy law, and no expectation of privacy is a orded.
You hereby represent and warrant that you, as the person legally responsible for use of this account, either individually or on behalf of your company, as applicable, are at least 18 years of age. You agree to supply Service Provider with a current and truthful name, postal address and telephone number for our records, and acknowledge that you have a continued obligation to keep this information current. You further represent and warrant that you are an authorized user of any credit card that you supply to us and acknowledge and agree that Service Provider has an obligation to fully investigate any possible fraudulent credit card use.
NO INTERFERENCE WITH OPERATING OF SERVICES
You agree not to maliciously or intentionally interfere with the proper operation of the Services, including, without limitation, defeating identifi cation 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 to which you connect. You agree to adhere to system policies as published online by Service Provider, 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 Service Provider. You agree to abide by any and all future Service Provider policy decisions.
BACKUP OF DATA
Your use of the Services is at your sole risk. Service Provider is not responsible for files and data residing on your account. You agree to take full responsibility for fi les and data transferred and to maintain all appropriate backups of fi les and data stored on Service Provider servers.
TRANSMITTAL OF MATERIALS
You agree to supply timely payment, in advance, for the Services received from Service Provider. All setup fees shall be non-refundable once setup has been completed. Until and unless you notify Service Provider of your desire to cancel any or all Services received in accordance with Section 6, those Services will be billed on a recurring basis. If you are paying by credit card, prepayments will be billed and charged automatically, and Service Provider may apply the amount due to the provided credit card at any time.
INTELLECTUAL PROPERTY RIGHTS
Service Provider respects the intellectual property rights of others and expects you to do the same. You hereby represent and warrant that your use of the Services and all of the content, material, messages, and data transmitted or made available through your use of the Services, does not and will not contain any material that infringes upon any common law or statutory right of any person or entity, including, without limitation, any proprietary, contract, moral, privacy, or publicity right; copyright; patent; trademark; trade secret; or any other third-party right. Further, you hereby represent and warrant that you, your customers and third party users and content providers, as applicable, have all right, title or licenses necessary to provide the content, material, messages and data transmitted or made available through your use of the Services. You acknowledge and agree that as between you and Service Provider, you shall be liable for the acts and omissions of your customers and third party users and content providers.