· Blog And Webhosting Terms:
(“Inavit”), a Inavit Company, provides various consumer Internet subscription
services including, without limitation, Internet web sites, web hosting
services, domain registration, e-mail services and other services (collectively,
the “Services”) under multiple brands including, without limitation, INAVIT.COM
, 1Z.COM , X7.COM , HM.NET , ZT.NET , VQ.NET , KD.NET , QW.NET , G7.NET , IA.ORG , UG.ORG , VX.ORG , YM.ORG , DY.ORG , 7F.ORG , V5.ORG , V9.ORG , Y1.ORG , 5E.ORG
. These Terms and Conditions, the Privacy Statement, the Acceptable Use
Guidelines and any material details or terms related to your Service and account
that are provided to you in your registration process (including any billing
policies), all of which are referred to collectively as the “Rules,” govern your
use of the Services. You cannot have an account with us unless you have agreed
to the Rules by completing the registration process for, or by using, the
Services, and each use of the Service constitutes your reaffirmation of your
acceptance of the Rules. Please review the most current Rules at the website for
the particular brand of your Services (with respect to a particular Service, the
“Site”) prior to accessing the Services. The Services are only available to
residents of the United States and Canada unless otherwise specified.
IF YOU DO NOT AGREE TO THE RULES, YOU MUST DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, DESTROY ALL OF YOUR COPIES OF THE SOFTWARE AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR ACCOUNT.
- Changes to the Rules and Services Apply to You: You may review the most current version of the Rules at the Site. Inavit may change pricing, the Rules, or change the scope of the Services, in whole or in part, at any time at Inavit sole discretion. Posting of such changed Rules on the Site shall constitute notice of such changes to you, although Inavit may choose additional types of notice. Inavit will use reasonable efforts to provide you with 30 days advance notice of changes to the Rules that materially and adversely impact your use of the Services. Your continued use of the Services following notice constitutes your acceptance of all changes. If you do not agree to any such changes, your sole and exclusive remedy is to cancel your account as described below.
- Your Responsibilities: Use of Your Account. You are responsible for all use of your account, so you must protect your password and any other methods of accessing your account or the Services. Except as expressly allowed hereunder, you may not transfer or permit any other person to use your user name or your account. Inavit owns your user name, any associated password, e-mail addresses, website and any domain name (unless you purchased the complete rights to the entire domain name), and reserves the right to take or terminate the use of any such user name, e-mail address, website and domain name at any time. For the purpose of clarification, most consumer based products and services offered by Inavit do not include the complete rights to any domain name.
· Minors: You must be 18 years old to establish an account for paid Services, and you represent that you are at least 18 years old by registering for such Services. Parents may obtain an account for the Services for minors, and by doing so, consent to such minor’s use of such Services. Parents assume full responsibility and liability associated with a minor's use of any of the Services.
· Completion of Questionnaires, Surveys, Registration: As a condition of Inavit providing the Services, you agree to provide Inavit with accurate and complete information as requested from time to time, through questionnaires, surveys and registration forms. You must register for the Services in your own name. You agree that Inavit may verify the accuracy of any information you submit and may cancel or terminate your account or your use of the Services if your information is inaccurate.
· Accessing Services: Inavit does not provide Internet access service needed to access or use the Services unless otherwise specified. You are responsible for providing your own access to the Internet and are responsible for obtaining and maintaining, at your own expense, all input/output devices or equipment (such as computer, modem and software) and communications services (including, without limitation, long distance or local telephone service) necessary to use the Services. You are responsible for ensuring such equipment and services are compatible with the Services.
- Charges and Billing:
· Fees: You are responsible for and agree to pay all fees, charges and taxes incurred as a result of using the Services. You understand that in addition to any standard subscription fees, there may be additional fees including, without limitation, fees for supplemental services, premium features, customer support, telephone charges, purchases made through the use of the Services and any taxes. Unless otherwise indicated, all prices are quoted and billed in U.S. dollars.
· Payment: All amounts are non-refundable and due when you are billed by Inavit. Inavit will assess a late fee of 1.5% per month (or the highest amount permissible by law, whichever is less) for any amounts not paid when due. You will be liable for any fees, including any late fees, imposed by or incurred by Inavit with respect to late payments and the collection thereof. Inavit may suspend or terminate any delinquent, unbillable or uncollectable accounts. Charges will continue to accrue until the account is canceled. Inavit may assess a service charge to reinstate a suspended account. You must bring any billing problems or discrepancies to Inavit attention within 90 days from the date you are billed or you agree that you waive your right to dispute such problems or discrepancies with Inavit.
· Payment Method: You expressly authorize Inavit to charge all fees incurred in connection with the Services to your selected billing method, including charges that may occur on an automatic or recurring basis, and such authorization shall remain valid until revoked by you by canceling any Service for which a fee is charged as described herein. You agree to report to Inavit all changes to your selected billing method information within 30 days of the change. Some fees that you may incur using the Services may accumulate on your Inavit account before they are charged to your selected billing method. Once the charges appear on your account, you are responsible for payment of such charges. If you have any billing-related questions, call the toll-free billing support number set forth on the Site for your particular Service.
- Termination, Cancellation, Renewals and Refunds:
· Separate Billing Policy: If your Service includes a separate billing policy, such policy is incorporated herein and the terms of such policy apply to the Service and supplement the Terms and Conditions. In the event of any conflict between the Terms and Conditions and the terms in the billing policy, the terms of billing policy shall prevail.
· Rights: Either you or Inavit may terminate or cancel your account for any reason at any time. You understand and agree that all payments to Inavit are non-refundable and that the cancellation of your account is your sole remedy with respect to any dispute or disagreement with Inavit. If your Services are cancelled for any reason, you may lose access to any content, e-mail services or messages, storage, access to your domain and website or other materials or features provided with the Services, including materials or content that you may have uploaded or posted to any Inavit public areas. Termination of the Services will not excuse you from any criminal or other civil liabilities. You understand when you register for the Services you have agreed, without future notice, to be charged on an ongoing basis unless you take affirmative steps to cancel the Service. If Inavit terminates your Service, you may be prohibited from subsequently registering for such Service or any other Services.
· Your Cancellation Procedures: You can cancel the Services by following the instructions on the Site. Your termination is not complete until processed by Inavit and charges will continue to accrue until termination is complete. Processing is normally done within 72 hours of your request.
· Refunds: Upon cancellation, you will not receive a refund and the Service will remain active until the end of your agreed-to term unless otherwise disclosed with respect to your Service or Inavit elects to allow otherwise.
· Free Trials: If you have subscribed to a Service with a free trial period, you must cancel the Service prior to the end of the applicable trial period in order to avoid incurring any applicable subscription fees. Although you may be entitled to use the Service during the trial period without paying a subscription fee, you understand that you may incur, and are responsible for, any fees for supplemental services, premium features, customer support, telephone charges, other Services and purchases made through the use of the Service during the trial period.
· Early Termination Fee: Your Service may include a minimum term commitment (see your service plan description). Your minimum term begins on your the billing start date. IN THE EVENT THAT YOU TERMINATE (OR TAKE AN ACTION THAT CAUSES TERMINATION OF) YOUR SERVICE BEFORE SATISFYING THE MINIMUM TERM COMMITMENT UNDER YOUR PLAN, THEN YOU AGREE TO PAY Inavit UPON DISCONTINUANCE OF THE SERVICE A TERMINATION FEE AS SET FORTH IN YOUR PLAN DESCRIPTION (THE "EARLY TERMINATION FEE").
- Limitations on Your Use:
Services in General:
The Services are provided for your personal, consumer use only unless otherwise
specified, and are not intended for commercial or business use and such use is
prohibited. You agree that Inavit may establish or change general practices and
limits concerning use of the Services at any time. General limitations are
discussed below; however, please review the Acceptable Use Guidelines and
Service specifications for your particular Service for a fuller discussion
regarding practices and limitations.
E-mail Limitations. E-mail based Services are intended for general consumer e-mail use and may not be used for mass storage or backup of materials or data, file sharing, photo albums, sending mass e-mail and other non-consumer e-mail purposes. Practices and limits imposed upon e-mail based Services may include, without limitation, the period of time your e-mail will be retained; the number and individual or aggregate size of attachments sent, received and/or stored in your mailbox; the total number of unopened e-mails stored in your mailbox; limits on the text size of any individual message size; the type of e-mail messages and attachments you may send and receive; and other practices or limits set forth in the Acceptable Use Guidelines. You understand that you do not own any of the domain names (unless you expressly purchased the complete rights to the entire domain name) or e-mail addresses provided pursuant to any of the Services, and that Inavit e-mail service and network including, without limitation, e-mail addresses are owned by Inavit. E-mail in inactive or terminated accounts may be deleted in accordance with Inavit’ policies. Inavit uses a variety of techniques to eliminate e-mail or attachments that Inavit believes are unsolicited, inappropriate or harmful. In doing so, Inavit may block or delete e-mail or attachments sent by you or to you (including e-mail and attachments stored in your mailbox or a user-created folder), even though such e-mail or attachments may not be unsolicited, inappropriate or harmful. You agree that Inavit is not responsible for any e-mail or attachments that are blocked or deleted for any reason and that you have no right, and Inavit has no obligation, to retrieve or access any such deleted or blocked e-mail or attachments. You understand that unless otherwise specified in your service level or plan terms, Inavit does not utilize anti-virus software or services to scan for viruses. If your service level or plan terms include anti-virus software or services, you understand that not all viruses can be detected and/or cleaned. You are responsible for any damages caused by your decision to download any e-mail or attachments.
· Domain and Web Hosting Limitations: Inavit owns all domain names (unless you purchased the complete rights to the entire domain name) and websites, including the address for your personal website, provided to you by Inavit unless otherwise specified. You understand and agree that all content, including but not limited to, text, software, sound, images, communications and videos, provided by you is the sole responsibility of you, and Inavit is not responsible and has no liability for any content contained on your site. Additionally, you are representing that you are the owner of such material or have authorization to distribute it anywhere, and you expressly grant Inavit the complete right to use, reproduce, modify and/or distribute the content in any form anywhere. Inavit may, but is not obligated to, review, screen and/or remove any content that is made available via the Services. Inavit is not liable for any content omissions, errors, including but not limited to, loss or damage that may occur as a result of using the service or any content posted, e-mailed or otherwise made available. Inavit may terminate any domain or web page for any reason with or without notice. FTP access may be offered for the sole purpose of uploading, maintaining and downloading content for backup purposes only and not for the distribution of files. Usage for webcam purposes must be limited to uploading once per every 30 seconds. Inavit retains the right to terminate or restrict any FTP access and/or remove any web site for improper or excessive FTP usage. Inavit may delete any free or advertising supported account including, without limitation, content, domain names and email, if such account is inactive for a period of 60 days or more. Note that if you are registering a .US domain, you certify that you are a U.S. citizen registering the domain for personal use and you will use the domain on servers and name servers hosted in the U.S.
· Inavit’ Rights:
· Changes: Inavit retains the right at its discretion to make changes to the Services. Changes may include, without limitation, fees and billing methods, the continued availability, termination or reduction of some or all of the Services or any features offered by the Services.
· Privacy: Inavit is committed to safeguarding your privacy online and has created the Privacy Statement in order to demonstrate our commitment. However, you understand that Inavit may disclose your personal information to comply with any laws, legal authority or processes, or in other special circumstances as set forth in the Privacy Statement.
· Communication: You agree as a condition of your Service that Inavit and its affiliates (and such third parties as authorized by Inavit in compliance with the Privacy Statement) may furnish you, by e-mail or other means selected by Inavit, information prepared by Inavit or by (or on behalf of) other entities, including surveys, questionnaires, information, advertising and solicitations of new products, services, updates, account changes and technical services announcements, as well as other messages related to the Services. You may be required to receive information and advertising related to products and services of Inavit and companies affiliated with Inavit even if the Service to which you have subscribed specifies no advertising. You further acknowledge that any such advertisements and information are an inseparable part of the Service, and in order to opt-out of receipt you may be required to terminate the Service. If you subscribe to a Service that is supported by advertising (e.g. the Service is free or discounted), you agree that (i) you may be required to display, and Inavit has the right to display, advertising on your web sites or pages, and (ii) you may not display other forms of paid or exchange advertising on your web pages or site, other than those that may be provided by Inavit, and (iii) such web pages or sites may not be used primarily as a entry or link to an advertising or e-commerce site. Any attempt to modify, obfuscate, undermine or avoid the display of such advertising provided by or on behalf of Inavit shall be considered a material breach of this Agreement.
· Downloads: other Services. Inavit may from time to time download and install software, including additional Software or third party software, to your computer while it is connected to the Internet through any means. Inavit retains the right to limit, restrict or require the use of certain software or service in connection with the Services.
· Enforcement: In order for Inavit to comply with applicable laws including, without limitation, the Electronic Communications Privacy Act, 18 U.S.C. 270 et seq., to comply with appropriate government requests, to operate Inavit’ systems properly, or to protect Inavit, its clients, its users or other third parties, Inavit may access and disclose any information, including without limitation, the personal identifying information of Inavit users, the contents of any personal electronic communications passing through its network and any other information it considers necessary or appropriate without notice. Inavit will cooperate with law enforcement authorities in investigating suspected violations of the Rules and any other illegal activity. Inavit reserves the right to report to law enforcement authorities any suspected illegal activity of which it becomes aware. If Inavit determines, in its sole discretion, that you or the use of your account may be violating the Rules, Inavit may initiate an investigation, including the collection of additional information about you, and take any actions necessary to prevent such violations independently of any law enforcement authorities. Inavit respects the intellectual property of others and asks that you to do the same. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act, Inavit will terminate your account if it is used to unlawfully transmit or host copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Inavit and later confirmation through court order or an admission by you that an account has been an instrument of unlawful infringement, Inavit may terminate your account. Inavit may also in its sole discretion decide to suspend or terminate your account prior to that time if it has good faith belief that infringement has occurred. You are responsible for all expenses (including reasonable attorneys’ fees) incurred by Inavit with respect to any of the foregoing activities. In addition, pursuant to 17 U.S.C. § 512(c), Inavit has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe that your copyright has been infringed through the use of the Services, please contact: Attn: Legal Department - DMCA Compliance, Inavit c/o Inavit, Inc., via e-mail at the e-mail address specified on the Site for your particular Service ( ) .
Inavit may make available computer software developed by Inavit and others for
enabling use of certain of the Services (“Software”). Inavit grants to you a
personal, non-transferable, non-exclusive license to use the Software (in object
code form only) only in connection with the corresponding Service and subject to
You may copy and archive the Software provided that all such copies contain the same copyright notice and proprietary markings as are on the original Software; and provided further that you do not sell, transmit or otherwise dispose of any copy for compensation or as part of a commercial offer. Notwithstanding the foregoing, you may be required to install any updates, enhancements or upgrades to the Software provided by Inavit, although Inavit is not obligated to provide such updates, enhancements or upgrades. Such updates, enhancements or upgrades shall be deemed a part of the Software.
· You agree not to translate, reverse engineer, reverse compile, disassemble or make derivative works from the Software: You agree not to modify the Software in any manner or form, or to use modified versions of the Software including, without limitation, for the purpose of obtaining unauthorized access to any of the Services or disabling features of the Software or the Services. Except as may be permitted by Inavit, you agree not to use any of the Services by any means other than through the interface that is approved or provided by Inavit or its partners for use in connection with the Service. Without limiting the generality of any rights Inavit may have hereunder, Inavit may terminate your license immediately if you breach any provision of this section.
· Export Regulations: Except for export to Canada for use in Canada by Canadian citizens, the Licensed Software and any underlying technology may not be exported outside the United States or to any foreign entity or “foreign person” as defined by U.S. government regulations including, without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States. By downloading or using the Software, you are acknowledging and agreeing to the foregoing limitations on your right to export or re-export the Software, and are also representing and warranting that you are neither on any applicable government's lists of export precluded parties nor otherwise ineligible to receive software containing cryptography that is subject to any applicable export controls.
· Government End Users: You acknowledge and agree that you are not acquiring the license granted hereunder on behalf of a U.S. government agency, and the license granted hereunder is not being acquired pursuant to a U.S. government contract.
- Ownership: Any software is licensed, not sold, to you by Inavit. You acknowledge that Inavit and its suppliers retain all title, rights (including, without limitation, intellectual property rights) and interest in the Software, except as expressly licensed in this Agreement. All rights in the content, information and materials accessed through use of the Software or the Services are the property of the applicable content owner and may be protected under intellectual property and other applicable laws. You agree that Inavit’ suppliers are direct and intended third party beneficiaries of this Agreement including, without limitation, with respect to disclaimers of warranties and limitations of liability and all such disclaimers and limitations shall apply collectively to Inavit and its suppliers.
- Warranty Disclaimer: YOU ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. Inavit HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY Inavit OR Inavit WEB SERVICE’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. Inavit DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. Inavit DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. Inavit DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR Inavit IN PARTICULAR.
- Limitation of Inavit Liability: Inavit SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL Inavit BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT Inavit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. Inavit SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. Inavit’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF YOUR ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL Inavit LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO Inavit FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU OR Inavit MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, Inavit’ LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Indemnification of Inavit: You agree to defend, indemnify and hold Inavit, its affiliates and its sponsors, partners or other co-branders and their respective officers and employees harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of the Rules or use by you or any third party of the Services, except to the extent the foregoing directly result from Inavit’ own negligence. Inavit reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for Inavit in that matter.
· Entire Agreement: These Rules (as may be modified by updated Rules on the Site) together constitute the sole agreement between Inavit and you respecting the subject matter hereof and fully supercede any and all other agreements, either oral or in writing.
· Severability: If any provision of these Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.
· No Waiver: Any failure of Inavit to enforce any provision of these Rules shall not constitute a waiver of any rights under such provision or any other provision of these Rules.
· Email Terms:
General Terms & Conditions
Please read this agreement carefully, by signing up for and/or otherwise accessing any of the services or products offered by Inavit.com you agree to be bound by the terms of this Agreement. This agreement shall become come effective as of the date of (1) your electronic signature on or acceptance of this agreement, (2) the activation of your account or (3) your receipt of an e-mail from Inavit.com confirming your order, whichever happens first. EITHER YOU OR INAVIT.COM MAY TERMINATE THIS AGREEMENT AT ANY TIME, AFTER WHICH ANY AND ALL E-MAILS OR DATA ASSOCIATED WITH YOUR ACCOUNT MAY BE DELETED. ANY AND ALL OUTSTANDING FEES SHALL BE DUE AND PAYABLE UPON TERMINATION, ALL AS MORE FULLY DESCRIBED IN SECTION 2. THESE TERMS & CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE THAT YOU SUBMIT TO THE LAW AND JURISDICTION OF THE COMMONWEALTH OF PENNSYLVANIA. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE INAVIT.COM SERVICES.
For the purposes of this Agreement:
1.1. "Inavit.com” "us," "we," "our" and grammatical variants thereof shall collectively refer to Inavit, Inc.
1.2. "Inavit.com Equipment" shall mean computer and telecommunications device, Internet access and/or transmission rights owned, operated, and/or maintained by Inavit.com and/or Inavit.com's affiliates, agents, or assigns which function to provide the Inavit.com Services.
1.3. "Inavit.com Services" shall mean the products and services provided by Inavit.com at any given time, including but not limited to e-mail, file storage, and any associated support services, which Inavit.com Services may be changed, amended, cancelled and/or otherwise altered at any time in Inavit.com's sole discretion.
1.4. "Inavit.com Software" shall mean any software provided by Inavit.com at any given time, whether downloaded to your computer or utilized online as part of the Inavit.com Services. The Inavit.com Software includes the program and any and all copies or portions thereof, whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any.
1.5. "Laws" shall mean the laws, statutes, and regulations then in effect of the United States of America and its various states and dependencies as well as the laws of your country of residence or the country in which you use or access the Inavit.com Services and the laws of any provinces, states or dependencies thereof.
1.6. "Parties" shall collectively refer to Inavit.com and you.
1.7. "Suspend" or "Suspension" shall include the disabling of your Account and/or the cessation of transmission of data via your Services.
1.8. "You", “you,” "your" and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.
1.9. "Your Data" and grammatical variants thereof shall mean any data, including but not limited to documents, e-mails, images, web pages, or other Content, related to your use of the Inavit.com Services or otherwise stored on or transmitted by the Inavit.com Equipment.
1.10. "Your Services" and grammatical variants thereof shall mean the specific Inavit.com Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract.
2. TERM AND TERMINATION.
2.1. You or Inavit.com may terminate this Agreement at any time for any reason, with or without cause. You may terminate by (a) providing written notice of termination to Inavit.com pursuant to this Agreement, or (b) closing your accounts for all of your Services via Inavit.com’s user interface, where Inavit.com has made this option available to you.
2.2. Immediately upon termination of this Agreement all data, including but not limited to e-mails or other files associated with your Services, will be irrevocably deleted and all transmission of data will cease. Inavit.com may, in its sole discretion, make your Data information or content available to you to the extent it has not been deleted.
Subject to and conditioned upon Inavit.com's retained rights and all other terms and conditions set forth in this Agreement, Inavit.com offers the Inavit.com Services as soon as practicable after registration. You will receive a password, account and instructions upon completion of the registration process. You are responsible for maintaining the confidentiality of both your password and your account and are fully responsible for all activities that occur under your password and your account. You agree to immediately notify Inavit.com of any unauthorized uses of the account or any other breaches of security. Inavit.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Inavit.com be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The Inavit.com Services are subject to the following conditions and restrictions:
3.1.1. Inavit.com shall provide to you a non-transferable, revocable, non-sublicensable, non-exclusive and limited license to use the amount of server space allocated to your Services for your non-exclusive use for the exclusive purpose of storing your Data and disseminating said data via the Internet through the use of Inavit.com's Equipment for purposes consistent with this Agreement.
3.1.2. Inavit.com, either directly or through its assignee or licensee, shall provide such support as is outlined in the specifications for your Services or as otherwise shown on the Inavit.com website. Inavit.com is not obligated to provide any customer service or technical support except as specified in this Section 4, and cannot guarantee that your questions will be answered in a timely fashion or otherwise. Notwithstanding the foregoing, Inavit.com at its sole discretion may at any time alter or cease providing the support provided pursuant to this Agreement without any liability to Inavit.com.
3.1.3. All use of the Inavit.com Services shall be subject to all terms and conditions set forth herein. You may not attempt to expand or alter these rights or Inavit.com's services by entering into multiple agreements.
3.1.4. Your use of the Inavit.com Services, including but not limited to e-mail traffic, and combined mailbox use and file storage per account shall not exceed that specified for your Services. You are responsible for monitoring your use of the Inavit.com Services, and agree to check your e-mail and download or delete your e-mail on a regular basis in order to ensure compliance with this paragraph. Should your use of the Inavit.com Services exceed the limits specified for your Services Inavit.com may return or reject any and all e-mails sent to you to the originating sender and delete or deny access to the storage space for your Data without liability to you. You agree that Inavit.com may terminate your Account without notice or liability to you for usage in excess of permitted amounts.
3.1.5. Inavit.com reserves the right to alter, amend, or discontinue the provision of some or all of the Inavit.com Services, including but not limited to the provision of certain Inavit.com Services to International Customers in a particular market, at any time in Inavit.com's sole discretion.
3.1.6. You are responsible for backing up your Data on your own computer. Inavit.com does not warrant or otherwise guarantee that it will back up your Data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of your Data. If any of your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable, whether due to termination or suspension of your account pursuant to this Agreement or otherwise, Inavit.com will have no obligation or liability to you.
3.1.7. You represent and warrant that your e-mail address does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your e-mail address is otherwise in compliance with the terms of this agreement, in particular the provisions of Section 8.
3.1.8. Inavit.com reserves the right to terminate your e-mail address in the event that Inavit.com's rights to use certain domain names or e-mail addresses terminate or expire.
3.2.1. Inavit.com may, in its sole discretion, provide you with Inavit.com Software in combination with your Services. If you receive software from Inavit.com under this Agreement and you are presented with a license agreement, the terms of that agreement apply. Otherwise, upon payment of all fees due and owing to Inavit.com under this Agreement, Inavit.com hereby grants, and you hereby accept, a nontransferable, revocable, non-sublicensable, and non-exclusive license to use the Inavit.com Software and all related documentation for your own personal or business use during the term of this Agreement. Any rights not expressly granted herein shall be reserved for Inavit.com. Source code or other information pertaining to the logic design of the Inavit.com Software is specifically excluded from the license granted hereunder.
3.2.2. Inavit.com reserves the right to charge for the Inavit.com Software or any upgrades therefor at any time.
3.2.3. You recognize that the Inavit.com Software and all related information, including but not limited to any and all updates, improvements, modifications, enhancements, and information related to installation of the Inavit.com Software at your home or office, are proprietary, and that all rights thereto, including copyright, are owned by Inavit.com or, if sublicensed by Inavit.com, by the respective owners of the Software. You further acknowledge that you have been advised that the Inavit.com Software, including updates, improvements, modifications, enhancements, and information related to installation, constitutes a trade secret of Inavit.com, is protected by civil and criminal law, and by the law of copyright, is valuable and confidential to Inavit.com, and that its use and disclosure must be carefully and continuously controlled.
3.2.4. Inavit.com or, if sublicensed by Inavit.com, the respective owners of the Inavit.com Software shall at all times retain title to all the Inavit.com Software and all related information, including all updates, improvements, modifications and enhancements, furnished to you hereunder.
3.2.5. Unless provided otherwise in the specifications for your Services, the Inavit.com Software supplied hereunder is for the your personal or business use. The Inavit.com Software is to be used only for the purposes specified in this Agreement and specifically as restricted in the following three subparagraphs of this Section 4.
18.104.22.168 You will not: (i) reproduce, copy or publicly display, or permit anyone else to reproduce, copy or publicly display, any of the Inavit.com Software, whether such Inavit.com Software is in written, magnetic or any other form, except pursuant to reasonable backup procedures, or for your use pursuant to this Agreement, nor; (ii) provide or make the Inavit.com Software available to any person or entity other than your employees or agents who have a need to know consistent with your use thereof under this Agreement, nor; (iii) create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering or otherwise, the source programs or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under this Agreement, nor; (iv) copy for your own use or the use of others operator manuals, system reference guides, training materials and other user-oriented materials without the prior written consent of Inavit.com. In order to protect Inavit.com's trade secrets and copyrights in the Inavit.com Software, you agree to reproduce and incorporate Inavit.com's trade secrets or copyright notice in any copies, modifications or partial copies.
22.214.171.124 You agree to notify Inavit.com forthwith if you obtain information as to any unauthorized possession, use or disclosure of any Inavit.com Software by any person or entity, and further agree to cooperate with Inavit.com at Inavit.com's expense, in protecting Inavit.com's proprietary rights.
126.96.36.199 Unless agreed otherwise in writing by Inavit.com, the Inavit.com Software may be used only on a single computer or workstation. Inavit.com software designed for use on portable workstations may be installed on both a portable and a stationary computer but may not be used on both simultaneously. You may not install the Inavit.com Software on a network except to facilitate permissible installation of the Inavit.com Software on computers attached to the network. You warrant and guarantee that all users of the Software shall be aware of and comply with the terms of this license.
3.2.6. Certain Inavit.com Software is provided for online use as part of the Inavit.com Services (the "Inavit.com Online Software"). The Inavit.com Online Software is hosted software which runs directly on Inavit.com's servers, and you may not download, install, store or make any copies of the Inavit.com Online Software, nor may you sublicense the Inavit.com Online Software. You agree not in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Inavit.com Online Software or any copies thereof and not to assist any third party in doing so. The Inavit.com Online Software is designed to be used through the Inavit.com user interface and, as such, may be utilized by any authorized user from any computer or workstation. This license is automatically revoked upon termination of this Agreement. Inavit.com reserves the right to modify or discontinue the Inavit.com Online Software at any time without notice.
3.2.7. Inavit.com may provide its customers with the ability to download certain third-party software (the "Third Party Software"). The license conditions governing the use of the Third Party Software may differ from Inavit.com's own software licenses. Customers of Inavit.com are bound by the conditions of all licenses pertaining to such Third Party Software and should make themselves familiar with their terms and conditions. THE PROVISION AND OFFERING OF SUCH THIRD PARTY SOFTWARE BY INAVIT.COM DOES NOT CONSTITUTE AN ENDORSEMENT OF THE THIRD PARTY SOFTWARE, NOR CAN INAVIT.COM MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE AND FUNCTIONALITY OF SUCH THIRD PARTY SOFTWARE.
3.2.8. In the event of termination of this Agreement, or upon any act which shall give rise to Inavit.com's right to terminate, or upon the expiration of the license for Inavit.com Software which is subject to a limited-duration license, any and all licenses granted under this Section 3.2 shall terminate automatically, and you will remove, erase or destroy the Inavit.com Software and documentation and all copies thereof, wherever located, without demand or notice.
3.2.9. Inavit.com may stop providing the Software or any updates thereto, including but not limited to the Third-Party Software, at any time without notice or any further liability to you.
3.2.10. Certain Software (including Third-Party Software) may not be available to International Customers.
5. NO EXPRESS OR IMPLIED AGREEMENT TO DISSEMINATE MATERIALS WHICH ARE INCONSISTENT WITH YOUR WARRANTIES.
Receipt by Inavit.com of data for storage and/or transmission via Inavit.com's Equipment which are inconsistent with your warranties set forth in Section 8 herein shall not constitute an agreement by Inavit.com to allow the Inavit.com Services or the Inavit.com Equipment to be used to disseminate such information or data in whole or in part, by any means, or if once disseminated via the use of Inavit.com's Services or Equipment, to continue to disseminate such data.
6. NO WARRANTIES BY INAVIT.COM.
THE INAVIT.COM SERVICES AND INAVIT.COM SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE INAVIT.COM SERVICES IS AT YOUR SOLE RISK. INAVIT.COM DOES NOT WARRANT THAT THE INAVIT.COM SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES INAVIT.COM MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE INAVIT.COM SERVICES. NO WARRANTY IS MADE BY INAVIT.COM REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND INAVIT.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INAVIT.COM DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE INAVIT.COM SERVICES WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS.
7. INAVIT.COM'S LIMITED LIABILITY.
YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL INAVIT.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE INAVIT.COM SERVICES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES OR JURISDICTIONS, INAVIT.COM'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, INAVIT.COM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE INAVIT.COM SERVICES, AND INAVIT.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE INAVIT.COM FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF INAVIT.COM FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO INAVIT.COM IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, IF ANY.
8. YOUR ADDITIONAL OBLIGATIONS AND WARRANTIES.
8.1 You acknowledge that only you may use your account and you agree and warrant that you shall not permit anyone else to use your account or authorize any third party to access your account on your behalf. You are responsible for all activity that takes place with respect to your account, and you agree that in the event Inavit.com believes or has reason to believe, in its sole discretion, that you have breached this Agreement or any of the warranties in this Section 8, Inavit.com may, without prior notice to you and in Inavit.com's sole and exclusive discretion, suspend the provision of the Inavit.com Services and/or terminate this Agreement, without any liability of any kind. As more completely set forth in Sections 6, 7 and 10, you waive any and all claims you may have, now and forever, against Inavit.com relating to any action taken in under this Section 8.1, and agree to indemnify and hold harmless Inavit.com from and against any claims brought by third parties as a result of your Data or your use of the Inavit.com Services.
8.2. You agree and warrant that you shall not send mass unsolicited or unwanted electronic mail solicitations; that you shall not use your e-mail address for impermissible or abusive news group postings or excessive or repeated off-topic or commercial postings; that you will not send any form of junk mail; and that you shall not engage in any other form of spamming, spoofing, phishing, or mail bombing. Inavit.com reserves the right to block mail from any source, including outgoing mail from or ingoing mail to your Account, which Inavit.com believes, in its sole discretion, is being used to send such unsolicited e-mail. While Inavit.com continues to actively review and implement new technology to ensure that its customers neither send nor receive unsolicited e-mail, there is no currently available technology that will totally prevent the sending and receiving of unsolicited e-mail.
8.3. You agree and warrant that your use of the Inavit.com Services and Inavit.com Equipment, and all sales, distributions, advertisement, or promotion which are in any way associated with your use of the Inavit.com Services or Inavit.com Equipment, shall at all times comply with your warranties under this Section 8 as well as all relevant laws, including but not limited to CAN-SPAM.
8.4. You agree and warrant that your Data shall be transmitted exclusively to consenting adults and only to places in which such materials comply with contemporary community standards.
8.5. You agree and warrant that your Data shall not violate any Laws concerning obscenity and shall not contain or link to any pornography or other content deemed objectionable by Inavit.com, in its sole discretion.
8.6. You agree and warrant that you will not use the Inavit.com Services to transmit messages which: display, contain or link to any harmful matter or indecent materials or communications which are available to, or accessible by, minors; display or contain any material that consists of pornography, child pornography, or other obscene content, including but not limited to content involving or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age or which could otherwise result in harm to minors, all as determined in Inavit.com’s sole discretion.
8.7. You agree and warrant that you shall not damage, disable, overburden, or impair the Inavit.com Services; interfere with anyone else’s use or enjoyment of the Inavit.com Services; or interfere with, defame, or abuse Inavit.com or its officers, employees, or agents.
8.8. You affirmatively represent, agree and warrant that your Data and the use or distribution of your Data does not infringe the intellectual property rights of others, including, but not limited to, copyrights, trademark and service mark rights, patent rights and rights of publicity, both in the United States and throughout the world.
8.9. You agree and warrant that your Data shall not constitute or contain or link to material: which is libelous, slanderous, or defamatory; which violates the right of publicity or privacy of any party; or which will violate or infringe upon or will otherwise give rise to any adverse claim with respect to any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights.
8.10. You agree and warrant that your Data shall not contain or link to any material which is offensive, harmful, violent, threatening, abusive or hateful, in Inavit.com’s sole discretion.
8.11. You agree and warrant that any and all material(s) of every kind which you store or transmit using Inavit.com Services or Inavit.com Equipment shall at all times be free from any and all damaging software defects, including, but not limited to, software "viruses", "worms", "Trojan Horses," and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system. You agree that you will not attempt to access the Inavit.com Equipment or web site or another person's web site without authorization, or use the Inavit.com Services to carry out, or assist in the carrying out of, any "denial of service" attacks on any other website or internet service.
8.12. You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of the Inavit.com Services or Inavit.com Equipment.
8.13. You agree and warrant that you shall not resell or redistribute the Inavit.com Services or any part thereof, including but not limited to your Inavit.com e-mail address, or use any unauthorized means to modify or reroute the Inavit.com Services (or to attempt same).
8.14. You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of the Inavit.com Services and that no taxing authorities shall have any claim against Inavit.com or any persons affiliated therewith for the payment of such taxes.
8.15. You represent and warrant that you are over thirteen years of age and are fully competent to enter into this Agreement.
8.16. You represent and warrant that you are not a national or resident of Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria or any other country subject to U.S. Treasury Department embargo restrictions, and that you are not listed in the "Entity List" or "Denied Persons List" maintained by the US Department of Commerce or the list of "Specially Designated Nationals and Blocked Persons" maintained by the US Department of Treasury. You further acknowledge that you are not a national or resident of a country whose name is otherwise omitted from the registration form for Inavit.com Services. Residents of countries which are serviced by a Inavit.com affiliate are required to contract with those Inavit.com affiliates, and you represent and warrant that you are not a resident of one of those countries.
8.17. You agree to abide by United States and other applicable export control laws and you further agree not to upload to your Inavit.com account any data or software that cannot be exported without prior written government authorization.
8.18. You agree not to use your Account for the storage of files other than in the course of normal e-mail usage or as provided otherwise in the specifications for your Services.
9. CONFIDENTIALITY, TRADEMARK, AND COPYRIGHT
9.1 “Inavit.com” is a service mark of Inavit, Inc., all rights reserved. The trademarks, logos, and service marks displayed on this web site (collectively, the "Marks") belong Inavit.com and/or its affiliates or third parties which have licensed those rights to Inavit.com ("Partners"); Inavit.com and Partners retain all rights to the Marks and nothing in this Agreement grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent. All other trademarks, product names, and company names and logos appearing on Inavit.com's web site are the property of their respective owners.
9.2 Unless expressly stated otherwise on the Inavit.com web site, you should assume that all content, images, and materials appearing on this web site (collectively the "Inavit.com Content") are the sole property of Inavit.com. Both U.S. and international copyright and other intellectual property laws and treaties protect such Inavit.com Content. You may not use, reproduce, display, or sell any Inavit.com Content without Inavit.com's prior written consent. You may not link to any page or frame any portion of Inavit.com’s website in such a way as to remove, cover, alter, or obscure Inavit.com’s trademarks or as would otherwise confuse viewers as to the origin of the content.
10. YOUR INDEMNIFICATION OF INAVIT.COM.
You agree that you shall fully defend and indemnify Inavit.com, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys' fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations and other provisions set forth in this Agreement, including, but not limited to, your warranties set forth in Section 8 or your violation of a third party's intellectual property rights. You further agree to defend, indemnify and hold harmless Inavit.com, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that Inavit.com shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.
11. NO JOINT VENTURE OR PARTNERSHIP
Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between Inavit.com and you, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between Inavit.com and you. Inavit.com shall have no control or ownership interests of any kind in your business. Inavit.com shall have no direct financial or other interest in, nor in any way "own" any online venture pertaining to your use of the Inavit.com Services or Inavit.com's Equipment. Inavit.com's relationship to you shall be restricted to matters pertaining to the provision of the Inavit.com Services as set forth in this agreement.
12. SERVICES RENDERED ON A NON-EXCLUSIVE BASIS.
Any and all services which are or may be provided to you by Inavit.com pursuant to this Agreement, including the licensure of rights herein, are not exclusive and nothing in this Agreement shall limit or restrict Inavit.com from providing similar services and granting similar licenses to third parties regardless of whether such third parties are competitors of you. Nothing in this Agreement shall limit or restrict Inavit.com from engaging in any activities similar to yours or in competition with you.
13. NO EDITORIAL CONTROL BY INAVIT.COM.
Inavit.com and you agree that, consistent with the strict policy of Inavit.com, and in reliance on your express warranties regarding the substantive content of data, advertisements, communications, messages and other materials which you shall store and/or otherwise disseminate via the use of Inavit.com's Services or Equipment, Inavit.com shall neither have nor exert any editorial or other subjective control over the substantive content of such data, advertisements, communications, message or other materials. Inavit.com exercises no control over information which is found on the internet, except for its own web site, and cannot be held responsible for the accuracy, correctness, or legality of such information. You are solely responsible for verifying the accuracy and suitability of information and services you obtain from third parties via the internet.
14.1.1. comply with legal process or other legal requirements;
14.1.2. protect and defend the rights or property of Inavit.com or its officers, agents, affiliates, licensees, and customers; or
14.1.3. carry out its obligations under or enforce this Agreement; or
14.1.4. investigate violations of this Agreement or assist with criminal or civil investigations.
14.2. INTERNATIONAL CUSTOMERS UNDERSTAND AND AGREE THAT INAVIT.COM MAY DISCLOSE PERSONAL INFORMATION ABOUT THEM AND THEIR ACCOUNT PURSUANT TO THIS SECTION, AND WAIVE ANY RIGHTS TO PRIVACY OR PROTECTION OF PERSONAL DATA RELATING TO SUCH INFORMATION TO THE FULLEST EXTENT PERMITTED UNDER NATIONAL AND INTERNATIONAL LAW.
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.
16. NON-ENFORCEMENT DOES NOT CONSTITUTE WAIVER.
Failure of Inavit.com at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by duly authorized representative of Inavit.com.
17.1. Inavit.com may provide notice to you via e-mail sent to the e-mail address associated with your Account at the time such notice is sent. Such notice is deemed effective at the date and time of transmission, whether you receive it or not, and shall be deemed written notice for the purposes of this Agreement.
17.2. You may provide notice to Inavit.com by personal delivery; by addressing the notice as indicated above and depositing the same by registered or certified mail, postage prepaid, in the United States mail; or by Federal Express or other nationally-recognized courier. Such notice, statement or other document so delivered to Inavit.com, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when first personally delivered, on the date of delivery or on the first date of receipt. Notice may not be sent to Inavit.com via e-mail.
18. FORCE MAJEURE.
18.1. In the event of "force majeure" (as defined below), Inavit.com may terminate this Agreement without liability to you. For purposes of the Agreement, "force majeure" shall mean circumstances or occurrences beyond Inavit.com's reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which Inavit.com cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which the Inavit.com Services are located or maintained or through which the Inavit.com Services are provided, and nonavailability of any permits, licenses and/or authorizations required by governmental authority.
18.2. Inavit.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Inavit.com Services (or any part thereof) with or without notice, including the right to cease all business operations in the United States or elsewhere. You agree that Inavit.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Inavit.com Services.
19. NO ASSIGNMENT BY YOU; ASSIGNMENT BY INAVIT.COM.
This Agreement and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you without Inavit.com's prior written consent. In particular, you may not sell accounts or subaccounts to third parties. Notwithstanding the above, this Agreement shall be binding upon your successors and assigns, if any. Inavit.com may assign or license any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion, without consent by or notice to you.
20. JURISDICTION, VENUE, AND WAIVER OF JURY TRIAL.
20.1. YOU AGREE TO NEGOTIATE WITH INAVIT.COM IN GOOD FAITH TO RESOLVE OR SETTLE ANY CLAIM OR DISPUTE IN ANY WAY RELATING TO OR CONCERNING THIS AGREEMENT.
20.2. ANY AND ALL DISPUTES WHICH ARE NOT FIRST RESOLVED INFORMALLY MUST BE BROUGHT IN EITHER THE COURTOF COMMON PLEAS OF OF CHESTER COUNTY, PENNSYLVANIA OR THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, WHICH COURTS SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT AND/OR YOUR ACCOUNT(S) WITH INAVIT.COM. You and we irrevocably consent to personal jurisdiction and venue in such courts and you waive any challenge which you have or which may hereafter arise to personal jurisdiction or venue in such courts. You further agree that Inavit.com shall be entitled to collect its attorneys' fees, costs and other expenses in the event that Inavit.com acts to enforce this forum selection clause, regardless of whether Inavit.com prevails in the underlying action.
20.3. In addition to the foregoing, YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND INAVIT.COM THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT AND/OR YOUR ACCOUNT(S) WITH INAVIT.COM, and that such waiver shall be enforceable up to and including the day that trial is to start. Should any legal fees, costs, or other expenses be incurred by Inavit.com with regard to enforcement of this jury waiver provision, Inavit.com shall be entitled to recover such legal fees, costs, or other expenses without regard to whether Inavit.com prevails in the underlying case.
20.4. Neither you nor Inavit.com may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. YOU AND INAVIT.COM ACKNOWLEDGE THAT THIS SECTION WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION
20.5. This Agreement shall be interpreted according to the laws of the Commonwealth of Pennsylvania in the United States of America, and, where applicable, the federal law of the United States of America, without regard to conflicts of law principles.
21. SUCCESSORS AND ASSIGNS.
This agreement shall be binding upon and inure to the benefit of the Parties' respective heirs, personal representatives, executors, administrators, successors and assigns.
22. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of Inavit.com has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and you hereby acknowledge and agree that you have not executed this Agreement in reliance upon any such representation or promise. This Agreement is solely for the benefit of you and Inavit.com.
23.1. This Agreement may be materially altered by Inavit.com by posting the new version of the Agreement at www.Inavit.com and if posted in this manner, shall be effective immediately upon posting such notice. You accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of the posting of notice of such change.
23.2. You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of Inavit.com. No additional or conflicting term in any other document used by you will have any legal effect.
Inavit.com Internet Services Inc. (“Inavit.com”) respects the intellectual property of others. If you think Inavit.com or one of its customers is violating your copyrights, please send proper notice to Inavit.com Legal Compliance using the contact information listed above as contemplated by the Digital Millennium Copyright Act (“DMCA”).
Pursuant to the DMCA, notices of copyright infringement must contain the following elements:
1.A physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
2.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that location;
3.subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4.Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5.A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Inavit.com may require that non-compliant DMCA notices be resubmitted with the complete information listed above.
If you are a Inavit.com customer and have received a DMCA notice, you may send counter-notice to Inavit.com to the above-listed address and contact information. Such counter-notice must contain the following information:
2.Identification of the material that was removed in response to the notice or to which access was disabled and the location at which the material appeared before it was removed or access to it was disabled;
3.A statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4.Your name, address, and telephone number, and a statement that the you consent to the jurisdiction of the Federal District Court for the Eastern District of Pennsylvania, and that you will accept service of process from the Complaining Party or an agent of such Party.
Upon receipt of a proper counter notification, Inavit.com will provide the complaining party with a copy of the counter-notice, and inform that party that Inavit.com may replace the removed material or cease disabling access to it in ten business days. Inavit.com may replace the removed material and cease disabling access to it in not less than ten, and not more than fourteen business days following receipt of the counter notice unless Inavit.com receives notice that the complaining party has filed an action seeking a court order to restrain the Inavit.com customer from engaging in infringing activity relating to the material on Inavit.com's system. Counter notifications which do not contain all of the information outlined above may not be sufficient to permit Inavit.com to restore access to the customer’s files. Inavit.com may, in its sole discretion, suspend or terminate customer accounts which it believes infringe the rights of third parties, but is under no legal obligation to do so.
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
Notice of trademark violations on a servers operated by Inavit.com should be sent to Legal Compliance using the contact information listed above. Please provide the following information for any trademark claims:
or service mark which has allegedly been infringed along with the date of first
use and the products or services associated with the mark;
2.The mark which you claim is infringing your mark along with a precise location or other information as to the specific file server which is believed to infringe your mark and the products or services associated with that mark; and
3.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is the owner of the mark or is otherwise authorized to act on behalf of the owner of the mark that is allegedly infringed, and that the use of the mark is not defensible.
Inavit.com will investigate and forward credible claims of trademark infringement to its customer. Inavit.com may, in its sole discretion, suspend or terminate customer accounts which it believes infringe the rights of third parties, but is under no legal obligation to do so.
THE DMCA DOES NOT APPLY TO TRADEMARK DISPUTES.