This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between ilipa IT, Inc, a Delaware incorporated company trading as ilipa Host ("ilipa Host") and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.
The terms “we”, “us” or “our” shall refer to ilipa Host. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
CLIENT will use the services of ilipa Host in accordance with all applicable local, state and federal regulations and laws. The CLIENT will agree on behalf of itself and its employees.
Except as otherwise stated, CLIENT and its users will maintain all passwords and login information as strictly confidential and the secure storage of those passwords and login information. For security purposes, ILIPA HOST recommends that the CLIENT regularly changes all account passwords. At no time should the CLIENT respond to an online request for any password.
ilipa Host may revise the terms of this agreement at any time and such revision shall be effective ten (10) days after notice of the proposed revision is provided to the CLIENT. If any revision is unacceptable to the CLIENT they will be able to terminate this hosting agreement and cancel the hosting services provided thirty (30) days written notice is provided. All outstanding money owed on the hosting service is to be paid before the final day of hosting service.
CLIENT's continued use of the service after the effective date of the agreement revision shall be deemed as acceptance of the agreement revision.
ilipa Host's service is provided on an "as is, as available" basis. ilipa Host gives no warranty, expressed or implied, for the services, including without limitation, any warranty of merchantability or warranty of fitness for a particular purpose. Any damages incurred by CLIENT due to disruption of service by ilipa Host or its providers shall be expressly limited to the fees paid by CLIENT to ilipa Host for services and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by CLIENT.
IN NO EVENT SHALL ilipa Host BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY CLIENT OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF ILIPA HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will ILIPA HOST's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by CLIENT for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
CLIENT and its users recognise that ILIPA HOST does not offer any rating systems, filtering software or procedures to help CLIENT screen out language or images in email that CLIENT or its Users do not wish to receive through the Services. ILIPA HOST exercises no controls whatsoever over the content of information passing through its network or equipment. Disputes may arise between CLIENT or its Users and other individuals or entities or between CLIENT and ILIPA HOST related to such content. Such disputes could involve, among other things, the use or misuse of domain names, the infringement of copyrights, trademarks or other rights in intellectual property, defamation, fraud, and the use or misuse of information. CLIENT and its Users agree that all claims, disputes or wrongdoing that result from, or which are related in any way to, the content of information passing through ILIPA HOST network or equipment are CLIENT's sole and exclusive responsibility. Use of the Internet and of the information available through it is at CLIENT's own risk.
CLIENT agrees that it shall defend, indemnify, save and hold ILIPA HOST harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ILIPA HOST, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, it's agents, employees or assigns. CLIENT agrees to defend, indemnify and hold ILIPA HOST harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with an ILIPA HOST server; (2) any material supplied by CLIENT infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
No provider can guarantee 100% server uptime. Servers and systems must be brought down (offline) at times for routine maintenance and upgrades to ensure that CLIENT's website will run and perform optimally. However, ILIPA HOST strives to keep such service interruptions to a minimum, and, if possible, to give CLIENT advance notice of scheduled maintenance routines. ILIPA HOST uses only top quality servers and services provided by a number of service providers. Of course, there will be times that CLIENT will not be able to reach the server due to traffic conditions on the internet, problems occurring at ILIPA HOST upstream providers facilities, or due to hardware or software component failure. Both of these conditions are entirely out of ILIPA HOST's control however ILIPA HOST will endeavor to rectify the issue as soon as possible to the best of our abilities.
The following content and activities may not be displayed or promoted by CLIENT nor associated in any way with CLIENT's account or ILIPA HOST's services. ILIPA HOST shall be the sole arbiter as to what constitutes violation of this provision.