Interhost Terms and Conditions
Terms and Conditions of Web Site
These terms and conditions govern your use of this web site; by using this web site, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this web site.
You must be at least 18 years of age to use this web site. By using this web site and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
License to Use Web Site
Unless otherwise stated, Intersanity Enterprises and/or its licensors own the intellectual property rights in the web site and material on the web site. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the web site for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this web site (including republication on another web site);
- sell, rent or sub-license material from the web site;
- show any material from the web site in public;
- reproduce, duplicate, copy or otherwise exploit material on this web site for a commercial purpose;
- edit or otherwise modify any material on the web site; or
- redistribute material from this web site, except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
You must not use this web site in any way that causes, or may cause, damage to the web site or impairment of the availability or accessibility of the web site; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You must not use this web site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this web site without Intersanity Enterprises’ express written consent. You must not use this web site to transmit or send unsolicited commercial communications. You must not use this web site for any purposes related to marketing without Intersanity Enterprises’ express written consent.
Access to certain areas of this web site is restricted. Intersanity Enterprises reserves the right to restrict access to areas of this web site, or indeed this entire web site, at Intersanity Enterprises’ discretion.
If Intersanity Enterprises provides you with a user ID and password to enable you to access restricted areas of this web site or other content or services, you must ensure that the user ID and password are kept confidential. Intersanity Enterprises may disable your user ID and password in Intersanity Enterprises’ sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this web site, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Intersanity Enterprises or a third party (in each case under any applicable law).
You must not submit any user content to the web site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Intersanity Enterprises reserves the right to edit or remove any material submitted to this web site, or stored on our servers, or hosted or published upon this web site.
Notwithstanding Intersanity Enterprises’ rights under these terms and conditions in relation to user content, Intersanity Enterprises does not undertake to monitor the submission of such content to, or the publication of such content on, this web site.
This web site is provided “as is” without any representations or warranties, express or implied. Intersanity Enterprises makes no representations or warranties in relation to this web site or the information and materials provided on this web site.
Without prejudice to the generality of the foregoing paragraph, Intersanity Enterprises does not warrant that:
- this web site will be constantly available, or available at all; or
- the information on this web site is complete, true, accurate or non-misleading.
Nothing on this web site constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter, you should consult an appropriate professional.
Limitations of Liability
Intersanity Enterprises will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this web site:
- to the extent that the web site is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Intersanity Enterprises has been expressly advised of the potential loss.
Nothing in this web site disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this web site disclaimer will exclude or limit user’s liability in respect of any:
- death or personal injury caused by Intersanity Enterprises’ negligence;
- fraud or fraudulent misrepresentation on the part of Intersanity Enterprises; or
- matter which it would be illegal or unlawful for Intersanity Enterprises to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this web site, you agree that the exclusions and limitations of liability set out in this web site disclaimer are reasonable. If you do not think they are reasonable, you must not use this web site.
You accept that Intersanity Enterprises has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Intersanity Enterprises’ officers or employees in respect of any losses you suffer in connection with the web site.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this web site disclaimer will protect Intersanity Enterprises’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
If any provision of this web site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this web site disclaimer.
You hereby indemnify Intersanity Enterprises and undertake to keep Intersanity Enterprises indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Intersanity Enterprises to a third party in settlement of a claim or dispute on the advice of Intersanity Enterprises’ legal advisers) incurred or suffered by Intersanity Enterprises arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these Terms and Conditions
Without prejudice to Intersanity Enterprises’ other rights under these terms and conditions, if you breach these terms and conditions in any way, Intersanity Enterprises may take such action as it deems appropriate to deal with the breach, including suspending your access to the web site, prohibiting you from accessing the web site, blocking computers using your IP address from accessing the web site, contacting your internet service provider to request that they block your access to the web site and/or bringing court proceedings against you.
Intersanity Enterprises may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this web site from the date of the publication of the revised terms and conditions on this web site. Please check this page regularly to ensure you are familiar with the current version.
The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Virginia.
Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.