Web hosting terms
HINDSITE INTERACTIVE, INC. HOSTING TERMS & CONDITIONS OF USE
Thank you for visiting Hindsite Interactive, Inc. The Hindsite Interactive website has been made available to you subject to your compliance with the terms and conditions set forth below (see "Conditions of Use"). Please read this document carefully before accessing the Hindsite Interactive website or use of its services. By accessing or using this website, you are agreeing to the Conditions of Use detailed in this page. If you do not wish to be bound by the Conditions of Use, you may not access or use the website.
- A one time set-up fee may apply to dedicated server set-up
- A 3 month service agreement applies to all dedicated server accounts.
Hosting Service Uptime Guarantee
If the Website uptime of customer's Website hosted by HindSite Interactive, Inc. is less than 99.9%, HindSite Interactive, Inc. will issue a credit to the customer's hosting account in accordance with the following table, with the credit being calculated on the basis of the monthly service per request of customer.
| Website uptime - Credit Percentage
99.9 to 100% - 0%
98% to 99.5% - 10%
95% to 97.9% - 25%
90% to 94.9% - 50%
89.9% or below - 100%
|Downtime Amounts - Credit Percentage
Less than 42.2 mins - 0%
42.3 - 864 mins - 10%
865 - 2160 mins - 25%
2161 - 4320 mins - 50%
greater than 4320 mins (72 hrs) - 100%
|* Assuming a 30 day month, 43200 minutes in a month, 1440 minutes in a day|
Exceptions of Credit for Hosting Services
Customer shall not receive any credits under this Uptime Guarantee in connection with any failure or deficiency of Website availability caused by or associated with:
- Circumstances beyond HindSite Interactive, Inc.'s control including, war, strike or other labor disturbance, unavailability/interruption/delay in telecommunications, virus attacks and/or hackers, third party software failure (free scripts, ecommerce software including Miva Merchant, Merchant Gateways), fire, flood, tornado, earthquakes, acts by any governing body, embargo, boycott, or inability to obtain supplies, raw materials, or power used in or equipment needed for provision of this Uptime Guarantee
- Failure of access circuits to the Service Provider Network, unless the failure is caused solely by HindSite Interactive, Inc.
- Emergency server or network maintenance, scheduled maintenance, and system upgrades
- Domain name system (DNS) problems outside of the control of HindSite Interactive, Inc.
- Issues with FTP, POP, IMAP, or SMTP customer access
- Customer's acts or omissions (or acts or omissions of others acting on behalf of or authorized by customer), including, without limitation, custom scripting or coding (ie., PHP, Python, CGI, Perl, HTML, ASP, Cold Fusion, etc...), any negligence, willful misconduct, or use of the Services in breach of ANY ITEM outlined in HindSite Interactive, Inc.'s Restrictions Policy;
- Problems elsewhere on the internet that prohibit you from viewing your account. HindSite Interactive, Inc. is not responsible for browser, DNS, or other caching that might make it appear your site is unavailable even though others can still access your information. This guarantee covers areas HindSite Interactive, Inc. controls such as our servers, routers, and switches. Please refer to The Internet Traffic Report, which monitors the flow of data around the world, for more information on any problems elsewhere on the Internet which may exist: http://www.internettrafficreport.com/details.htm
In order to receive a credit, customer must make a request by sending an email message to firstname.lastname@example.org. Each request in connection with this Uptime Guarantee must include customer's domain name and the dates and times of the unavailability of the website. The request must be received by HindSite Interactive, Inc. within ten (10) days after the Website was not available. If the unavailability is confirmed by HindSite Interactive, Inc., credits will be applied within 30 days after HindSite Interactive's receipt of the credit request. Credit is posted to the customer's hosting account only - no refunds via check, credit card, or PayPal are available.
Cancellation of Service
Request for cancellation of service must be provided at least 30 days prior to desired cancellation date. Customers must make a request by sending an email message to email@example.com , and include domain name , date of cancellation desired and include contact information (including full name, company name, phone and email address).
A credit does not apply to any cancellation requests received under 30 days of requested date in that period.
Limitation of Liability for services
In no event shall HindSite Interactive, its affiliates or their respective employees, agents, suppliers, contractors or licensors shall be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, suffered by Client, Client Customers or any third party, whether in an action, tort or strict liability or other legal theory, even of such party has been advised of the possibility of such damages. In no event shall HindSite Interactive's liability for any damages, losses, and causes of action whether in contract or tort (including negligence or otherwise) exceed the actual amount paid by Client to HindSite Interactive during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY HINDSITE INTERACTIVE, INC ON AN "AS IS" AND "AS AVAILABLE" BASIS. HINDSITE INTERACTIVE, INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HINDSITE INTERACTIVE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HINDSITE INTERACTIVE, INC. DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM HINDSITE INTERACTIVE, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HINDSITE INTERACTIVE, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
HINDSITE INTERACTIVE, INC. USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. HINDSITE INTERACTIVE, INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR VALUE OR WITH OTHER INCORRECT INFORMATION, HINDSITE INTERACTIVE, INC. SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT SUCH AS T-SHIRTS, POSTERS, AND OTHER HINDSITE INTERACTIVE, INC. BRANDING MATERIAL OFFERED BY HINDSITE INTERACTIVE, INC. IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO HINDSITE INTERACTIVE, INC. FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER'S EXPENSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Waiver of Jury Trial
HindSite Interactive and Client hereby knowingly, voluntarily and intentionally waive the right to a trial by jury in respect of any claim based hereon, arising out of, under or in connection with this agreement or any other documents contemplated to be executed in connection herewith or any course of conduct, course of dealings, statements (whether verbal or written) or actions of any party relating to the parties' business relationship, and agree that no party will seek to consolidate any such action with a jury trial cannot be or has not been waived. This waiver constitutes a material inducement for HindSite Interactive to accept this agreement.
Modifications of the Conditions of Use
Hindsite Interactive, Inc. reserves the right to change the terms, conditions at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for reviewing these Conditions and additional terms or notices posted on the Hindsite Interactive website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.
When you visit Hindsite Interactive, Inc or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. It is also further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
License and Website Access
Hindsite Interactive, Inc. grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of Hindsite Interactive, Inc. This website or any portion of this website may not be reproduced, duplicated, sold or resold, adapted, copied, transmitted or otherwise exploited for any commercial purpose without the express written consent of Hindsite Interactive, Inc.
You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or forms) of Hindsite Interactive, Inc without the express written consent of Hindsite Interactive, Inc. You may also not use META tags or any other "hidden text" which utilize our domain properties such as hindsiteinteractive.com, pointaccess.net, Hindsite Interactive, Inc. or any other derivative of our domain and/or company name without the express written consent of Hindsite Interactive, Inc. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Hindsite Interactive, Inc so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.
It is further understood and agreed that Hindsite Interactive, Inc. cannot and does not guarantee or warrant that files made available for downloading through the Hindsite Interactive, Inc. website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through Hindsite Interactive, Inc. or it’s means of communications such as all e-mails within HindSite Interactive’s domain are free from such contaminations.
Copyright and Licenses
The entire contents of this website, including, but not limited to: Text, graphics, logos, button icons, Flash movies, audio clips, images, data complications, digital downloads, and software, are the property of Hindsite Interactive, Inc, its content suppliers or it's clients and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of Hindsite Interactive, Inc.
Your submissions of files including, but not limited to: Resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant Hindsite Interactive, Inc a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions. You also grant Hindsite Interactive, Inc the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.
Case Studies and Portfolio Links
As part of its contractual agreement with its clients, HindSite Interactive, Inc. has reserved the right to link and/or describe work conducted for selected clients as part of its Portfolio and Case Studies. You as the visitor reserve the right to review and visit links to these web sites but do not hold rights or permission to copy, in part or full any logos, images, text/content, animations, or any other copyrighted material from this web site or client sites without direct permission of the client.
Applicable Laws and Regulations
By visiting the Hindsite Interactive, Inc website, you agree that the laws of the state of Maryland, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Hindsite Interactive, Inc.
Any dispute relating in any way to your visit or access of the Hindsite Interactive, Inc website or to the products or services you purchase through the Hindsite Interactive, Inc website shall be submitted to binding arbitration in Frederick County, Maryland. Except that, to the extent you have in any manner violated or threatened to violate Hindsite Interactive, Inc. intellectual property rights. Hindsite Interactive, Inc may seek injunctive or other appropriate relief in any state or federal court in the state of Maryland, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any other court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
Both parties agree to indemnify, defend and hold harmless other party, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the Hindsite Interactive, Inc. website, or use of its services.
HindSite Interactive Services Indemnification:
Both parties agree to fully defend and indemnify and hold harmless other party of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of HindSite Interactive, Inc. in any way related to your use of the HindSite Interactive, Inc.'s services or any portion thereof.
Both parties agree to fully defend and indemnify and hold harmless other party of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the HindSite Interactive, Inc. services or any portion thereof. Choice of counsel remains exclusively that of HindSite Interactive, Inc.
You agree that upon the assignment of your Hosting user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless HindSite Interactive, Inc. of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of HindSite Interactive, Inc.
Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Third Party Links
Linked web sites are controlled by Hindsite Interactive, Inc and Hindsite Interactive, Inc. is not responsible for the contents of any linked site or any link contained in a linked site. Hindsite Interactive, Inc provides links to you only as a service, and the inclusion of any link does not imply or constitute an endorsement by Hindsite Interactive, Inc. of the site.
Other Provisions and Rules
Hindsite Interactive, Inc. failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. Hindsite Interactive, Inc. may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
If any provision of this Agreement will be held illegal, enforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this agreement, the validity of the remaining portions or provisions hereof will not be affected thereby. It is expressly understood and agreed that each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, indemnification or exclusion of damages or other remedy is intended to be enforces as such. Further, it is expressly understood and agreed that in that event any remedy under this Agreement is determined to have failed of its essential purposes, all limitations of liability and exclusions of damages or other remedies shall remain in effect.
Request and Address
Please send notices by care of e-mail to: firstname.lastname@example.org
(or) by our Mailing Address:
Hindsite Interactive, Inc.
241 East 4th Street
Frederick, MD 21701
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