This Hosting Contract governs your purchase and use, in any manner, of all Web site hosting services, including the Shared Hosting Services, (collectively, the "Services") as described in the Order Form, ordered by you and accepted by Re-invent Technologies ("Re-invent") and describes the terms and conditions that apply to such purchase and use of the Services. For purposes of this Contract, the Hosting Services include the E-Commerce Services. You must register and accept the terms of this Contract in order to use the Services. BY PURCHASING THESE SERVICES AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS Contract AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. Re-invent reserves the right to change or modify any of the terms and conditions contained in this Contract, the Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Re-invent Web site (the "Site"). Re-invent will post a notice of such changes or modifications to this Contract or the Addendum on the Site for thirty (30) days. Re-invent may post changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Re-invent's posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF THIS CONTRACT (OR THE ADDENDUM IF THEY APPLY TO YOU), DO NOT PURCHASE THESE SERVICES. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY RE-INVENT OF YOUR TERMINATION OF THIS CONTRACTIN THE MANNER DESCRIBED IN SECTION 1.2 BELOW.

 

1.1 Web Hosting Term
This Contract shall be for an "Initial Term" of thirty (30) days, ninety (90) days, (180) days, one-hundred eighty or 1 Year (365) days whichever is applicable if you register for Shared Hosting Services at the time you register for the Services. This Contract will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period (on the exact day or within 7-10 days before of after the renewal date) as the Initial Term unless you provide Re-invent with notice of termination in the manner described in Section 1.2 either (a) at least seven (7) days prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, if you registered for and are receiving Shared Hosting Services or (b) at least thirty (30) days prior to the end of the Initial Term or Renewal Term, whichever is then applicable, if you registered for and are receiving Dedicated Hosting Services or are have pre-paid for a one year period of Shared Hosting Services.

1.2 Termination/Refund Policy
If you are not completely satisfied with our web hosting services, and you notify Re-invent Technologies in writing via the Customer Portal by choosing the Account Cancellation link within the first 30 days or 15 days on renewals of your contract that you wish to cancel, you will be given a full refund of the contract amount, excluding setup fees and overages.

DotNetPanel Customers (Accounts activated after October 3 2008) Send an email to billing@re-invent.com from your registered email account with your Account username and domain name.

More Information

We require the above information for security. We do not want unauthorized people canceling accounts. The date/time stamp on the account cancellation request which contains the complete account information will be considered the Effective Cancellation Request Date. 

We do not accept account cancellations via Telephone, Live Chat or any other method besides what is described above.  Cancellations typically take several business days to be processed.

If cancellation is received after the first 30 days or 15 days on renewals, no refund will be granted unless the customers web site uptime fell below the Re-invent Service Level Agreement (SLA) which caused the customer to cancel the contract.  SLA Agreement is located at:

http://www.re-invent.com/company-info/web-hosting-policies/windows-shared-hosting-sla.aspx

Setup fees are refundable ONLY for the following reasons:

- You canceled the account order prior to activation
- Your desired domain name was not available.

This policy does not apply to any additional services such as, but not limited to, overages, disk space, e-mail accounts, domain name registration, web design services.

Refund Policy for Renewals / Account Cancellation Requests:

Renewals of web hosting contracts will be refunded if notification is received no later than 15 days following renewal date. No refunds will be granted for notifications received after this date.

Your termination (Account Cancellation) request must be submitted to Re-invent in the manner described in Section 1.2. This is the only acceptable method to cancel a web hosting account with Re-invent Technologies. Submissions to cancel via email, support ticket or by phone are not accepted and will not be processed.

Re-invent may terminate this Contract at any time and for any reason or no reason by providing to you thirty (30) days prior written notice of termination.

1.3 Liability and Obligations on Termination
Should the Contract expire or be terminated for any reason, Re-invent will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of this Contract shall not relieve you of any obligations to pay fees and costs accrued prior to the termination date and any other amounts owed by you to Re-invent as provided in this Contract.

1.4 Fees, Taxes and Payments
Services are provided on a pre-pay basis. Customer will pay to Re-invent the Service Fees in accordance with Re-invent's fee schedule as posted on the Re-invent.com website. All fees are fully earned when due and non-refundable when paid, unless within the first 30 days of Service (in which case, Re-invent's 30 day money back guarantee offer will be active). Service Fees for renewal periods after the Initial Term shall be due immediately upon the first day of renewal period. Customer agrees that Re-invent will charge Service Fees to the credit card supplied by Customer. All payments shall be made in US Currency. If any credit card is declined for any reason, Re-invent will charge the Customer an additional $1.25 service charge every time the card is declined. In the case of a chargeback, Re-invent will immediately suspend the site until the matter is resolved and Re-invent will bill Customer $50.00 per credit card chargeback received.

If any invoice is not paid when due, Re-invent will impose an interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. If payment is not made ten (10) calendar days after payment is due, Re-invent will charge Customer a late fee of $15. In the event that any amount due Re-invent is not paid after twenty (20) calendar days after payment is due, Re-invent may immediately terminate this Agreement, or withhold or suspend Services, in its sole discretion.

The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder. If applicable, all taxes will be paid by the Customer.

Re-invent may, with 15 days notice to Customer, amend the Service Fee schedule.

1.4.1 Account Reactivation
There is a $30 charge to reactivate accounts that have been suspended or terminated. Re-invent in its sole discretion can decide to reactivate or not to reactivate a particular account.

1.5 30 Day Guarantee
Notwithstanding Sections 1.1 through 1.4, if you are not fully satisfied with the Shared Hosting Services, you may terminate this Contract at any time during the first thirty (30) calendar days from your initial order date and receive a full refund of all payments made by you to Re-invent for the Shared Hosting Services excluding any Set-up or overage fees.. To receive such refund, you must terminate this Contract in the manner described in Section 1.2 and cease using the Services, and Re-invent must receive your termination notice, within the above described thirty (30) calendar day period. You agree to provide Re-invent with a description of why you are not satisfied with the Services and are terminating this Contract. Set-up Fees and any usage overage fees are non-refundable. Any refund will be posted within 30 calendar days of the request. Please allow 30 calendar days for the credit to be received by your credit card company.

1.6 Same-Day or 24-Hour Account Activation
Re-invent has a same-day or 24-hour account activation with shared web hosting accounts. We make no guarantee that your account can be set-up in this amount of time. We strive to meet this objective with all accounts. Occasionally certain factors can cause this to be extended. 99% of the time accounts are activated within a few hours. International orders due to the high amount of credit card fraud are subject to additional scrutiny and verification which can delay account activation.

1.7 Special Signup Promotions
Re-invent may from time to time, at its sole discretion, offer special limited time promotions for new account signups. Customer acknowledges that these promotions are a one time special and does not recur for subsequent renewals. Customer also acknowledges that any currently running promotions are not retroactive and do not apply to accounts that have been signed up previously at a time when the current promotion was not offered.

1.8 Special Offers Through Promotion Code
Re-invent may from time to time, at its sole discretion, offer special limited time offers for new account signups using a Promotion Code. These special offers are only available to new signups, if the Promotion Code is used during the initial online signup process and only during the time period when the Promotion Code is valid. Customer acknowledges that any promotions offered via Promotion Codes are not retroactive and do not apply to accounts that have been signed up previously at a time when the Promotion Code was not valid.
 

1.9 Nine (9) Additional Months Free Promotion.
Re-invent may run a 9 Additional Months Free promotion on annual accounts. Promotion is for new accounts with annual payment (12 months) at our normal prices. See 2.0 below for current rates or visit the Re-invent.com web site for current pricing. The 9 Additional Free Months Extends the normal 12 month annual hosting term to 21 months. This drops the average monthly cost. Customers choosing to renew after the initial 21 month term would be renewed for the standard term of 12 months at our normal rates at the time of the renewal. The 9 Additional Months free promotion is for the initial web hosting term only. Promotion has expired.

2.0 - Current Annual Monthly Rate on Hosting Plans
(effective 1/1/2006)

HE-25 Plan - $7.16/mo
HE-50 Plan - $10.76/mo
HE-100 Plan - $16.16/mo
HE-200 Plan - $19.76/mo
HE-350 Plan - $35.76/mo

2.1 Free SQL 2005 Database.
Re-invent's free SQL 2005 database limited time promotion is limited to 1 SQL 2005 database with a disk space limit of 175MB. Additional Disk Space can be purchased separately. Additional SQL 2005 databases are $10/mo and can be provisioned within the Re-invent Customer Portal.

2. Use of Services

2.1 Applicable Policies and Guidelines.
The Re-invent Acceptable Use And Service Guidelines (the "Usage Guidelines") govern the general policies and procedures for use of the Services. Re-invent's On-line Privacy Practices governs how Re-invent collects, stores, processes and uses information associated with your use of the Services. The Usage Guidelines and the On-line Privacy Practices are posted on Re-invent's Web site at (or such other location as Re-invent may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE USAGE GUIDELINES. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE GUIDELINES AND ANY MODIFICATIONS THERETO. Re-invent RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE GUIDELINES OR THIS Contract. TERMINATION FEES WILL APPLY FOR VIOLATIONS OF OUR ACCEPTABLE USE POLICY. PLEASE REFER TO OUR ACCEPTABLE USE POLICY FOR MORE SPECIFIC INFORMATION.

2.2 Material and Product Requirements
You must ensure that all material and data placed on Re-invent's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Re-invent. Re-invent will make no effort to validate any of this information for content, correctness or usability. In the event that your material is not "server-ready", Re-invent has the option at any time to reject this material. Re-invent will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of Re-invent. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not Re-invent's responsibility to provide this knowledge or customer support outside of the Services agreed to by you and Re-invent.

2.3 Bandwidth And Storage Usage
You agree that use of the Services hereunder will not exceed the bandwidth and web site and email storage usage limits set out in the hosting offering. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, Re-invent may, in its sole discretion, assess you with additional charges, suspend the performance of the Service, or terminate this Contract. In the event that Re-invent elects to take any corrective action, you will not be entitled to a refund of any unused pre-paid fees.

2.4 Server Resources
Re-invent Technologies LLC prohibits any Subscriber Content or activities that use excessive server resources, or may adversely affect any other Customers. Customer understands that they share server resources with other Customers. In order to provide a stable and reliable hosting environment, server resources are limited for each account, which may include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections, total bandwidth usage and disk space allocation.

Re-invent monitors Customer server resource usage and has the right to take Corrective Action, if the Customer's server resource usage exceeds the agreed upon limits or adversely affects other customers.

2.5 Domain Names.
As part of the Services, you will provide Re-invent with a registered domain name or names or Re-invent will register such domain name(s) selected by you, provided that such domain name is available for registration and does not violate any Network Solutions' or other registration services' policies, or any law or regulation. You agree to promptly reimburse Re-invent for any fees paid by Re-invent to Network Solutions or other registration services with respect to the registration and maintenance of such domain name(s). In the event of any dispute or cause of action arising out of or related to your domain name used in connection with the Services, upon your request Re-invent will attempt to register with Network Solutions or other registrar an alternative domain name chosen by you. You agree to be bound by the terms of InterNIC's then current domain name policy and/or the policies of the national DNS registration authorities to which you become subject upon registration of your domain name. The inability to use a domain name shall not entitle you to a refund by Re-invent of any fees paid with respect to the registration of such unusable domain name.

2.6 Mass Emailing
Re-invent Technologies LLC does not allow the use of their services for mass mailings. This includes all mailing lists, legitimate opt-in or not. Email usage in excess of 500 emails per account per 24 hours is not allowed and could result in suspension of email services, account suspension, and/or account termination. For these types of mass mailings, a third party mass email service should be used.

In the event of Corrective Action against Spamming Activities and Internet Abuse, Re-invent will charge the customer a $500.00 clean up fee.
No Exceptions!

3. Customer Responsibilities
 

Customer is solely responsible for the programming, uploading, maintenance, quality, marketing of Member Content.
Customer will cooperate fully with Re-invent Technologies LLC in connection with Re-invent Technologies LLC's performance of Services.
Customer will provide Re-invent Technologies LLC with their most current and accurate contact information, including but not limited to mailing address, telephone, and email address.
Customer is solely responsible for making sure that Re-invent Technologies LLC can contact them via the contact email address provided. If the Customer chooses to use a Spam Filter, they are responsible for making sure that the Re-invent Technologies LLC domain is whitelisted, and/or any Re-invent Technologies LLC communication can be received without ending up in their Spam/Junk/Bulk mail.
In the event that it is necessary, Re-invent Technologies LLC may choose to contact the Customer via telephone. The Customer is responsible for making sure that the Contact telephone number is valid and current.
Customer is solely responsible for providing its users with any required disclosures on their website.
Customer is solely responsible for making back-up copies of Subscriber Content. This includes all web site files, database content, email and whatever else customer may be storing on Re-invent Servers.
In the event of a domain transfer, customer is solely responsible for contacting and working with their domain registrar to transfer their domain to Re-invent Technologies LLC. Re-invent Technologies LLC will provide any relevant DNS information required for domain transfers.
Customers who registered new domain names through Re-invent Technologies LLC and, under circumstances wherein Customer agrees for Re-invent Technologies LLC to disable Domain Name auto-renewal, the customer is solely responsible for proactively taking action to renew their domain name.
Fraud Prevention
Re-invent may randomly select customers and require them to provide additional billing information, verify billing information, and/or fill out and fax Credit Card authorization forms to authenticate orders as part of Re-ivnent's fraud prevention program. Customers are required to comply with all fraud prevention program requests. Any unfulfilled requests may result in account suspension and/or account cancellation.

3.2 Re-invent Backup / Restore Policy

It is the customers responsibility to maintain current backups of all web site content, databases, email, etc. Re-invent provides nightly backups of all server data. Customer may request restoration of data without charge. Customer acknowledges that the backups are performed solely for disaster recovery of Re-invent servers in the event of a server related problem.

* Re-invent makes no claims or guarantees that any data can be restored on any customer request.

3.3 Internet Abuse
Re-invent prohibits any disruptive or abusing activities, including but not limited to the following:
Denial of Service (DOS) attack activities targeting Re-invent.com or any other Internet users or hosts.
Any activities that degrade or impair the operation of Re-invent.com servers
Disseminating software, running software, or posting messages that consume excessive CPU, bandwidth, or disk space usage.
Reselling or allowing access to any scripts on Re-invent.com servers.
Subverting, or assisting others to subvert the security of any Re-invent.com systems.
Hacking, or gaining unauthorized access to Re-invent.com network or any other network or user.
Providing passwords to persons not authorized to receive such materials.
Spoofing, or any other activity to attempt to deceive or mislead other person regarding the true identity of the User.
Distribution of virus, worms, Trojan Horses, or any computer code intended for malicious, disruptive, or destructive purposes.
Port scanning or any other invasive activities against any server.
Using Service to store, post, transmit, display or otherwise make available obscene, harassing, abusive, defamatory, slanderous, libelous or threatening language.
Using Service to violate the privacy rights of stalk any other person.
Using Service in any manner that may subject Re-invent.com to unfavorable regulatory action, subject Re-invent.com to any liability for any reason, or adversely affect Re-invent.com's public image, reputation or goodwill.
3.4 Illegal Activities
Re-invent prohibits the use of our Services in connection with any illegal activity, including but not limited to the following:
Violations of intellectual property and copyright laws.
(Customer acknowledges that Re-invent is required by law to remove or block access to content, appearing on or through the Services upon receipt of proper notice of copyright infringement.)
Activities related to trafficking of illegal drugs, illegal gambling, pyramid schemes, obscene materials, or any other products or services that are prohibited under applicable law.
Violations of export control laws.
Any activities using the Services for disseminating or facilitating child pornography.
Fraudulently charging credit cards or disseminating credit card information of third parties without their knowledge.
4. Intellectual Property Rights

4.1 Your License Grant to Re-invent. You hereby grant to Re-invent a non-exclusive, worldwide, and royalty-free license for the Initial Term and the Renewal Term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your content as necessary for the purposes of rendering and operating the Services to you under this Contract. You expressly (a) grant to Re-invent a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

4.2 Your Warranties And Representations to Re-invent. You warrant, represent, and covenant to Re-invent that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Contract; (c) you will use the Services only for lawful purposes and in accordance with this Contract and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

4.3 Re-invent Materials And Intellectual Property. All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Re-invent or its suppliers or agents pursuant to this Contract, and any know-how, methodologies, equipment, or processes used by Re-invent to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto shall remain the sole and exclusive property of Re-invent or its suppliers. Re-invent shall also maintain and control ownership of all Internet protocol ("IP") numbers and addresses that may be assigned to you by Re-invent. Re-invent reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

5. Enforcement

5.1 Investigation of Violations. Re-invent may investigate any reported violation of this Contract, the Addendum its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. Re-invent will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

5.2 Actions. Re-invent reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Contract, the Addendum or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or in potentially violation of any laws. In the event of becoming aware of any possible violation by you of this Contract, the Addendum, any related policies or guidelines, third party rights or laws, Re-invent may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Re-invent's systems, and/or (d) disabling or removing any hypertext links to third-party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Re-invent which, in Re-invent's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Re-invent to civil or criminal liability or public ridicule, and/or (e) bill the Infringer a $250 termination fee per account. It is Re-invent's policy to terminate infringers immediately has indicated in our Acceptable Use Policy. If your account is reactivated, a $75.00 reactivation charge will apply. If serious and your account is terminated permanently, a $250 termination charge will apply. No Exceptions. The above stated rights of action, however, do not obligate Re-invent to monitor or exert editorial control over the information made available for distribution via the Services. In the event Re-invent takes corrective action due to such possible violation, Re-invent shall not be obligated to refund to you any fees paid in advance of such corrective action.

5.3 Disclosure Rights. To comply with applicable laws and lawful governmental requests, to protect Re-invent's systems and customers, or to ensure the integrity and operation of Re-invent's business and systems, Re-invent may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on Re-invent's servers and systems. Re-invent also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. To the extent any inconsistency exists between any terms of Re-invent's On-line Privacy Practices and Re-invent's right disclose under this section, Re-invent's right to disclose under this section will control.

6. Disclaimed Warranties

You acknowledge and agree that Re-invent exercises no control over, and accepts no responsibility for, the content of the information passing through Re-invent's host computers, network hubs and points of presence, or the Internet. ALL SERVICES PERFORMED HEREUNDER ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS Contract, Re-invent DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

7. Limitation and Exclusion of Liability

7.1 Customer agrees that no Re-invent Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Re-invent at the time) which may exist in the Services or Re-invent's equipment used to provide the Services.

Under no circumstances, including negligence, shall any Re-invent Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its users, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Re-invent has been advised of the possibility of such damages.

No Re-invent Person shall be liable to Customer, any of its users, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Re-invent's records, programs, equipment, or services.

IN NO EVENT WILL RE-INVENT'S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE ACTUAL SERVICE FEES PAID TO RE-INVENT BY CUSTOMER DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

RE-INVENT CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. RE-INVENT WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.

Customer understands, acknowledges and agrees that if RE-INVENT takes any corrective action under this Agreement because of an action of Customer or its website users, Customer agrees that Re-invent shall have no liability to Customer due to such corrective action by Re-invent.

The terms of this section shall survive any termination of this Agreement.

7.2 Software Upgrades. Re-invent as needed and at times without notice will need to perform software upgrades, security patches and updates, install bug patches that are made available by our vendors, and other misc. server-related upgrades. Re-invent shall not be liable for any malfunction, web site error or any other issue that may arise with your site as a result of these upgrades. Further, it is the responsibility of the customer to keep their web site or application current with all the latest standards and specifications. Server and or Network Downtime resulting from the software upgrades mentioned herein is not covered in our "Web Site Availability" or in our "99.9% Uptime Guarantee".

8. Indemnification

You hereby release and hold harmless, and agree to indemnify, Re-invent and its affiliates and suppliers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Re-invent or its suppliers, arising out of or relating to (a) your violation or breach of any term, condition, representation or warranty of this Contract, the Addendum or any applicable policy or guideline; (b) your improper or illegal use the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity).

9. 99.9% UPTIME GUARANTEE >> View Full Windows 2003/2000 Service Level Agreement
(a) Coverage
These Acceptable Use And Service Guidelines apply to you if you have registered for Shared Hosting Services and you are in good financial standing with Re-invent.

(b) Service Level
Re-invent endeavors to have the content of your Web site available for http access by third parties 99.9% of the time ("Web Site Availability").

(c) Credits
In the event that there is no Web Site Availability, Re-invent will credit the following month's service fee as follows. For Shared Hosting services, such credit shall be retroactive and shall be as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.
 

Web Site Availability Credit Percentage
99.9 to 100% 0%
99.899% and below 100%

In order for you to receive a credit on your account, you must request such credit within ten (10) business days after you experienced no Web Site Availability. You must request credit by sending a Customer Support Ticket from our Customer Information Center by logging in at https://www.re-invent.com/myReinventlogin.asp with your Domain Name and Password. For verification you must include the dates and times of the unavailability of your Web site, and such other customer identification requested by Re-invent. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event that there is no Web Site Availability. Re-invent Technologies LLC is not an Insurance Agency.

(d) Restrictions
Credits shall not be provided to you in the event that you have no Web Site Availability resulting from (i) scheduled maintenance as posted from time to time at re-invent.com, (ii) your behavior or the performance or failure of your equipment, facilities or applications, or (iii) circumstances beyond Re-invent's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or failure of third party software or hardware, problems or errors caused by other customer web sites in a shared hosting environment that may effect your site or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web site.
Please click here for our complete Windows 2000/2003 Shared Hosting Service Level Agreement (SLA)

10. MISCELLANEOUS PROVISIONS

10.1 Entire Contract. This Contract, in conjunction with the Addendum and all policies and guidelines incorporated herein by reference, constitutes the entire Contract between you and Re-invent with respect to the subject matter hereof and there are no representations, understandings or Contracts which are not fully expressed in this Contract and the related policies and guidelines.

10.2 No Fiduciary Relationship; No Third-Party Beneficiaries. Re-invent is not the agent, fiduciary, trustee or other representative of you. Except for the rights of Re-invent's suppliers under sections 6 and 7 hereof, nothing expressed or mentioned in or implied from this Contract or the Addendum is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Contract and the Addendum. This Contract and the Addendum and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

10.3 Amendments. Except as expressly provided in this Contract, no amendment, change, waiver, or discharge hereof or to the Addendum shall be valid unless in writing and signed by the parties.

10.4 Identification. Re-invent may, free of any obligation to pay compensation, use your name and identify you as a Re-invent client, in advertising, publicity, or similar materials distributed or displayed to prospective clients.

10.5 Choice of Law and Forum. THIS Contract, INCLUDING THE ADDENDUM, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF MASSACHUSETTS, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS Contract MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN BOSTON, MASSACHUSETTS, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

10.6 Compliance With Laws. You shall at all times comply with all applicable laws and regulations and shall indemnify and save Re-invent harmless from your failure to so comply. You agree that Re-invent shall not have to perform any obligations set forth in this Contract if such performance would violate any present or future law, regulation or policy of any applicable government.

10.7 Non-Assignment. You may not assign this Contract or any right or obligation hereunder or under the Addendum, by operation of law or otherwise, without Re-invent's prior written consent. Re-invent may assign its rights and obligations under this Contract or the Addendum, and may utilize affiliate and/or agents in performing its duties and exercising its rights hereunder, without your consent. Subject to that restriction, this Contract and the Addendum will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

10.8 No Waiver. Re-invent's failure to enforce the strict performance of any provision of this Contract or the Addendum will not constitute a waiver of Re-invent's right to subsequently enforce such provision or any other provisions hereunder or thereunder.

10.9 Severability. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Contract and the Addendum, if applicable, shall nonetheless remain in full force and effect and, if the subject term or provision is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

10.10 Headings. The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.

10.11 Survival. All provisions of this Contract and the Addendum relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration hereof and thereof.