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.

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