TERMS OF SERVICE FOR HOSTING SERVICES
These Terms of Service Agreement (this “Agreement”) is entered into by and between ENSPIR SOLUTIONS, LLC, (“ENSPIR”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through https://enspir.net (collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.
Your use of ENSPIR SOLUTIONS Hosting services is subject to the terms and conditions set forth in these ENSPIR SOLUTIONS Terms of Service (“Agreement”). This Agreement explains (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; and (iii) the rights ENSPIR SOLUTIONS has if you do something which is not allowed when using our Services. This Agreement is a legal contract between you and ENSPIR SOLUTIONS and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us.
The terms “we”, “us” or “our” shall refer to ENSPIR SOLUTIONS. The terms “you”, “your”, “User” or “customer” shall refer to any individual (The user of any our services or a visitor of the site) or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
ELIGIBILITY; REGISTRATION AND ACCOUNT SECURITY
The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to ENSPIR SOLUTIONS, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account, whether or not authorized by you.
You acknowledge and accept that despite the security measures ENSPIR SOLUTIONS takes in connection with the Services, ENSPIR SOLUTIONS’s system and/or User Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, malware, worms or Trojan horses, or the like. Under such circumstances, ENSPIR SOLUTIONS may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that ENSPIR SOLUTIONS shall have no liability to you for any damage or loss that you may incur due to such corrective action.
ENSPIR SOLUTIONS does not recommend the use of the Services for hosting or storing personal or sensitive content and shall bear no responsibility or liability in the event of compromise, loss of, or damage to, any such content.
You are responsible for the security of your User account, User Content and User Websites. You further acknowledge and agree that you are solely responsible for backing-up your User account, including without limitation, all User Content and User Websites.
ENSPIR SOLUTIONS reserves the right to reset the password on a dedicated server if the password on file is not current so that we may perform security audits as required by our system operations and security teams. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. ENSPIR SOLUTIONS reserves the right to audit servers as needed and to perform administrative actions at the request of our teams. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups.
ENSPIR SOLUTIONS CONTENT
Except for User Content (as defined below), all content made available through the Services, including images made available through any website builder tools provided by ENSPIR SOLUTIONS (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, “ENSPIR SOLUTIONS Content”), are the property of ENSPIR SOLUTIONS or its licensors. No ENSPIR SOLUTIONS Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any ENSPIR SOLUTIONS Content.
To the extent applicable, you are granted a limited, revocable, non-sub licensable, license to use the Licensed Images solely in connection with the ENSPIR Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party’s trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities. c. Any use of the ENSPIR SOLUTIONS Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the ENSPIR SOLUTIONS Content granted herein. All rights of ENSPIR SOLUTIONS or its licensors that are not expressly granted in this Agreement are reserved to ENSPIR SOLUTIONS and its licensors.
Certain features of our Services, including those Services that are hosted with ENSPIR SOLUTIONS, may allow Users to view, post, publish, share, store, or manage ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or artistic, musical, or other content, including but not limited to photos and videos.
All content submitted through your Account is consider User Content. By posting or publishing User Content to this Site or via the Services, you represent and warrant that; you have all necessary rights to distribute User Content via this Site or via the Services, and the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
You acknowledge and agree that ENSPIR SOLUTIONS may, but is not obligated to, monitor User Content and may immediately take any corrective action in ENSPIR SOLUTIONS’s sole discretion, including without limitation removal of all or a portion of the User Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that ENSPIR SOLUTIONS shall have no liability due to any corrective action that ENSPIR SOLUTIONS may take, including without limitation suspension or termination of Services.
You hereby grant to ENSPIR SOLUTIONS, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content and the User Website; and (ii) make archival or back-up copies of the User Content and the User Website. Except for the rights expressly granted above, ENSPIR SOLUTIONS is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with you.
MODIFICATION OF AGREEMENT, SITE OR SERVICES
ENSPIR SOLUTIONS may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to our Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, ENSPIR SOLUTIONS may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. ENSPIR SOLUTIONS assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, ENSPIR SOLUTIONS may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. ENSPIR SOLUTIONS RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.
PROTECTION OF YOUR DATA
ENSPIR SOLUTIONS offers certain hosted Services available to you that may involve the submission, collection and/or use of personally identifying or identifiable information about you and your own customers (“Your Data”) in the course of your use of these Services (“Covered Services”). Your Data, for the purpose of this Section, excludes any User Content. ENSPIR SOLUTIONS’s Data Processing Addendum (“DPA”), which is hereby incorporated by reference and applicable to Covered Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the transfer of Your Data, including transfers of Your Data from the EEA to the Covered Services, meets with compliance under applicable data privacy laws.
For the purposes of the DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you (and your applicable affiliates) are considered the Data Controller/Data Exporter, and your acceptance of the terms of service governing Covered Services at the time of purchase of any Covered Services will also be treated as your acknowledgement and acceptance of the DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable).
ADDITIONAL USER RESPONSIBILITIES.
You will cooperate fully with ENSPIR in connection with ENSPIR SOLUTIONS’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in the performance of your obligations under this Agreement will extend the time for ENSPIR SOLUTIONS’s performance of its obligations that depend on your performance.
You will be solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by ENSPIR SOLUTIONS to provide the Services, which hardware and software may be changed by ENSPIR SOLUTIONS from time to time in its sole discretion.
You will be solely responsible for backing-up all User Content, including any User Websites off of ENSPIR SOLUTIONS’s servers. This is an affirmative duty. ENSPIR SOLUTIONS is not responsible for the loss of any User Content. Note: It is essential that Users backup files offline, even if user purchases or has backup products provided by ENSPIR SOLUTIONS.
You are responsible for the security of your User account, User Content, and User Websites. You will maintain at all times, and are responsible for, the security and confidentiality of all account credentials, including your username and password.
You will use your best efforts to ensure that the User Content and User Websites are and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code. You are required to prevent, identify, and promptly remove or disable from your User account, User Content and User Websites any code that may disrupt, disable, harm or cause the misuse of your account, ENSPIR SOLUTIONS Content or the Services in any way (including any malware).
AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
THIRD PARTY WEBSITES
The Services may contain links to other websites that are not owned or controlled by ENSPIR SOLUTIONS (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, security, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
BILLING AND PAYMENT.
You will pay to ENSPIR SOLUTIONS all fees for the Services set forth in the registration form presented to you at the time you order the Services and for all fees for subsequent Renewal Periods at the time of renewal.
ENSPIR SOLUTIONS may increase the fees for the Services (i) in the manner permitted in the applicable description of the particular Services published by ENSPIR SOLUTIONS on our website or in a promotional offer (the “Service Description”) and (ii) at any time on or after expiration of the Initial Term by providing thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the User billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) notifications of pricing for renewal terms. It is your sole responsibility to periodically review billing-related information provided by ENSPIR SOLUTIONS through the User billing tool or other methods of communications and notices sent or posted by ENSPIR SOLUTIONS.
The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to ENSPIR SOLUTIONS’s invoices for the fees as separate charges to be paid by you. All fees are non-refundable when paid except as otherwise provided herein.
By purchasing the Services, you agree to allow ENSPIR SOLUTIONS to place your account on a recurring payment plan. The account will automatically be re-billed according to the term length of the Services you select. For Services with term lengths of three (3) months or longer, ENSPIR SOLUTIONS shall provide notice of the upcoming charge to User no later than thirty (30) days prior to the payment date for each Renewal Period. This notification will be sent to the contact email address on file for the Account. Unless you disable the automatic renewal option, we will automatically renew the Services up to fifteen (15) days before your renewal date and will take payment from the payment method we have on file. ENSPIR SOLUTIONS may make multiple attempts to collect payment from the payment method on file if the initial attempt is not successful.
If you purchase certain add-on services from ENSPIR SOLUTIONS such as Domain Privacy, SSL certificates, or SiteLock, you may be required to apply the Service to a specific domain name to begin using the Service. ENSPIR SOLUTIONS is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.
Failure to Pay.
If you fail to pay the fees due, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by ENSPIR SOLUTIONS, including without limitation, any arbitration and legal fees and ENSPIR SOLUTIONS’s reasonable attorneys’ fees. If any check is returned for insufficient funds, ENSPIR SOLUTIONS may impose a minimum processing charge of $___ plus any applicable taxes. Accounts will not be activated or reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost User Content that results from any suspension or reactivation. Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment, we do not automatically reactivate the dedicated servers. Contact ENSPIR SOLUTIONS directly after you make a late payment to reactivate the dedicated server.
It is a violation of this Agreement to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies.
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
You have ninety (45) days to dispute any charge or payment processed by ENSPIR SOLUTIONS. If you have a question concerning a charge you believe is incorrect, please call us via our Toll free line – 1-888-6-ENSPIR or Contact us at our office address, at: 3250 Retail Drive Ste. 120 #110 Carson City, NV 89706; and we will investigate. Hosting accounts that have an open dispute may be disabled for security purposes.
INTERNATIONAL PAYMENT OPTIONS
ENSPIR SOLUTIONS offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at ENSPIR SOLUTIONS. You also agree to allow the IPP to debit the full amount of your purchase from the selected account or payment method, collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by ENSPIR SOLUTIONS.
It is your responsibility to keep your Funding Sources current and funded. You agree that (i) the IPP or ENSPIR SOLUTIONS reserve the right to decline a transaction for any reason and (ii) neither the IPP nor ENSPIR SOLUTIONS shall be liable to you or any third party regarding the same. You acknowledge that ENSPIR SOLUTIONS will not attempt to fulfil the Services purchased by you until ENSPIR SOLUTIONS receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If ENSPIR SOLUTIONS does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your ENSPIR SOLUTIONS account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.
If, at the time ENSPIR SOLUTIONS receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-funded or under-funded, ENSPIR SOLUTIONS may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, ENSPIR SOLUTIONS reserves the right to issue refunds to an in-store credit balance or as a bank transfer, when the payment processor cannot refund back to the Payment Method. If you receive a full refund, you will need to begin the purchase process again. You agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by ENSPIR SOLUTIONS will be net of the IPP Fees unless otherwise specified.
IN-STORE CREDIT BALANCES
In the event that your Account contains an in-store credit balance: (1) you may apply any available credit balance to any future purchase in your Account; and (2) you authorize ENSPIR SOLUTIONS to apply any available credit balance to any outstanding administrative fees, chargebacks, or other fees related to your Account. In the event that your default Payment Method fails for an automated billing in connection with the processing of any Service renewals, ENSPIR SOLUTIONS may use any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, ENSPIR SOLUTIONS is not responsible for the loss of products resulting from an inability to collect funds from your default Payment Methods or the in-store credit.
You can verify your available in-store credit balance at any time through your Account on the ENSPIR SOLUTIONS website. You acknowledge that in-store credit balances are non-transferrable, may only be used in the Account in which they were acquired and may expire. Complimentary in-store credits will expire two years after issuance. In the event that ENSPIR SOLUTIONS terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited.
You also acknowledge that funds available in your in-store credit balance will be held by ENSPIR SOLUTIONS and will not accrue or pay interest for your behalf. To the extent any interest may accrue, you agree that ENSPIR SOLUTIONS is entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.
45 Day Money-Back Guarantee
If you purchase an account with a forty-five (45) day money-back guarantee, you may receive a full refund of all basic hosting fees paid (the “Money-back Guarantee Refund”) if you cancel within the first forty-five (45) days of the Initial Term (the “Money-back Guarantee Period”). To request a Money-back Guarantee Refund, please contact our billing department by calling (tel. number) or by using LiveChat. The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this section. Money-back Guarantee Refunds only apply to basic hosting services and do not apply to domain registration fees, setup fees, or any fees for additional Services.
The Money-back Guarantee Refund is valid for credit card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the Money-back Guarantee Refund for other payment methods. Any refunds are made at the sole discretion of ENSPIR SOLUTIONS.
Only first-time hosting accounts are eligible for the Money-back Guarantee Refund. For example, if you previously had an account with ENSPIR SOLUTIONS and you canceled your account and signed up for a new account, you will not be eligible for the Money-back Guarantee Refund on the second account. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.
Domain Name Refund.
If your plan includes a free domain name and you are entitled to a Money-Back Guarantee Refund pursuant to the terms above, our standard fee of $15.00 for the domain name (and any applicable taxes) (the “Domain Name Fee”) will be deducted from your refund if you would like to keep your domain.
Payment Card Industry Security Standard Disclaimer.
ENSPIR SOLUTIONS complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your User Website. ENSPIR SOLUTIONS does not monitor User Websites for compliance and therefore we are not able to verify whether any User Website complies with the PCI Standard.
ENSPIR SOLUTIONS as Reseller or Licensor.
ENSPIR SOLUTIONS is acting only as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-ENSPIR SOLUTIONS Products”). ENSPIR SOLUTIONS shall not be responsible for any changes in the Services that cause any Non-ENSPIR SOLUTIONS Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-ENSPIR SOLUTIONS Products either sold, licensed or provided by ENSPIR SOLUTIONS to you or purchased directly by you used in connection with the Services will not be deemed a breach of ENSPIR SOLUTIONS’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-ENSPIR SOLUTIONS Product are limited to those rights extended to you by the manufacturer of such Non-ENSPIR SOLUTIONS Product. You are entitled to use any Non-ENSPIR SOLUTIONS Product supplied by ENSPIR SOLUTIONS only in connection with your permitted use of the Services. You shall use your best efforts to protect and keep confidential all intellectual property provided by ENSPIR SOLUTIONS to you through any Non-ENSPIR SOLUTIONS Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-ENSPIR SOLUTIONS Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
Internet Protocol (IP) Address Ownership.
If ENSPIR SOLUTIONS assigns you an Internet Protocol (“IP”) address for your use, you shall have no right to use that IP address except as permitted by ENSPIR SOLUTIONS in its sole discretion in connection with the Services during the Term. ENSPIR SOLUTIONS shall retain ownership of all IP addresses assigned to you by ENSPIR SOLUTIONS, and ENSPIR SOLUTIONS reserves the right to change or remove any and all such IP addresses in its sole discretion.
We do not comply with HIPAA terms or regulations. You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. ENSPIR SOLUTIONS does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”).
ENSPIR SOLUTIONS reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although ENSPIR SOLUTIONS makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that is the case, that product or service will no longer be supported by ENSPIR SOLUTIONS, in any way, effective on the set date.
Notice and Migration.
In the event that any Service we offer has been discontinued, we will attempt to notify you thirty or more days in advance of the service end date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the set date, or by entirely ceasing reliance on said Service before the termination date. In either case, ENSPIR SOLUTIONS will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by ENSPIR SOLUTIONS in its sole and absolute discretion. ENSPIR SOLUTIONS may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
ENSPIR SOLUTIONS will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
TERM AND TERMINATION OF THE SERVICES.
Term of Services.
The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the “Initial Term”). Unless you cancel prior to the end of the Initial Term or as otherwise stated in a notice sent to you at least thirty (30) days prior to the expiration of your then-current term, the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Period”). You acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment method on file up to fifteen (15) days prior to the end of each Renewal Period, unless you terminate or cancel the Services prior to such charge as provided in this section. The “Term” of this Agreement shall include the Initial Term and all Renewal Periods if any.
You may terminate or cancel the Services you purchased at any time during the Term by giving ENSPIR SOLUTIONS notice by phone or chat. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in ENSPIR SOLUTIONS’s sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the forty-five (45) day money-back guarantee if applicable. After the account is canceled, all User Content will be permanently removed from the server. Please make a backup of all User Content before you contact ENSPIR SOLUTIONS to cancel your account.
Disabling automatic renewal option for basic hosting services.
You may disable the automatic renewal option for your hosting account via the Account Renewal form in the Control Panel. After the account is downgraded to a free domain parking account or deleted, all User Content will be permanently removed from the server. Please make a backup of all User Content before you disable auto-renewal. So long as your Account remains active, other products and services on the Account such as domain names or Domain Privacy will continue to auto-renew.
Optional Assistance in Transition to New Services
Upon notification of termination of services, you may request assistance from Enspir in the transition to a new service provider. The cost of this transition may vary based on effort or complexity, but Enspir represents and warrants that it will use commercially reasonable efforts to protect your information and content during a transition.
Termination by ENSPIR SOLUTIONS.
ENSPIR SOLUTIONS may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due hereunder to ENSPIR SOLUTIONS; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm ENSPIR SOLUTIONS or others, cause ENSPIR SOLUTIONS or others to incur liability, or disrupt ENSPIR SOLUTIONS’s business operations (as determined by ENSPIR SOLUTIONS in its sole discretion); (iv) you are abusive toward ENSPIR SOLUTIONS’s staff in any manner; or (v) for any other lawful reason or as otherwise specified in this Agreement. In such event, ENSPIR SOLUTIONS will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Upon termination of the Services for any reason, User Content, User Websites, and other data will be deleted. You are always responsible for maintaining back-up copies of all User Content, User Websites, and other data. ENSPIR SOLUTIONS is not responsible for the loss of any User Content.
ADDITIONAL RESERVATION OF RIGHTS
ENSPIR SOLUTIONS expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by ENSPIR SOLUTIONS in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by ENSPIR SOLUTIONS in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of ENSPIR SOLUTIONS, its officers, directors, employees and agents, as well as ENSPIR SOLUTIONS’s affiliates, including, but not limited to, instances where you have sued or threatened to sue ENSPIR SOLUTIONS, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to ENSPIR SOLUTIONS’s business, operations, reputation or shareholders.
ENSPIR SOLUTIONS expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
ENSPIR SOLUTIONS expressly reserves the right to terminate, without notice to you, any and all Services where, in ENSPIR SOLUTIONS’s sole discretion, you are harassing or threatening ENSPIR SOLUTIONS and/or any of ENSPIR SOLUTIONS’s employees.
ENSPIR SOLUTIONS Content. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“ENSPIR SOLUTIONS Content”), are owned by or licensed to ENSPIR SOLUTIONS in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. ENSPIR SOLUTIONS Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of ENSPIR SOLUTIONS. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. ENSPIR SOLUTIONS reserves all rights not expressly granted in and to the ENSPIR SOLUTIONS Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
TRADEMARK AND/OR COPYRIGHT CLAIMS
ENSPIR SOLUTIONS supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to ENSPIR SOLUTIONS’s Trademark and/or Copyright Infringement Policy referenced above and available here.
TECHNICAL SUPPORT SERVICES.
Except as described otherwise in paragraph (b) below, ENSPIR SOLUTIONS will provide technical support via chat and phone for ENSPIR SOLUTIONS Services (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing ENSPIR SOLUTIONS’s Technical Support Services, you grant ENSPIR SOLUTIONS permission to access your account, if necessary, to resolve your issue. You agree that ENSPIR SOLUTIONS and its agents and employees are not liable for any damage resulting from the provision of customer support.
Ineligibility for Technical Support Services. ENSPIR SOLUTIONS will not provide Technical Support Services if (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (i) any modification or attempted modification of the Services by you or any third party outside of ENSPIR SOLUTIONS’s control; or (ii) your failure or refusal to implement changes recommended by ENSPIR SOLUTIONS; or (c) you are abusive toward our staff in any manner.
VPS and Dedicated Servers. ENSPIR SOLUTIONS will provide a default operating system installation on the dedicated server hardware that permits super-user server access to our support staff. User agrees and acknowledges that if User alters or removes this server access, ENSPIR SOLUTIONS’s ability to provide technical support to User may be severely limited.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. ENSPIR SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ENSPIR SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND ENSPIR SOLUTIONS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY ENSPIR SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ENSPIR SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ENSPIR SOLUTIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
You agree to protect, defend, indemnify and hold harmless ENSPIR SOLUTIONS and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by ENSPIR SOLUTIONS directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
COMPLIANCE WITH APPLICABLE LAW.
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.
For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
If any provision in this Terms is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
DISCLOSURE TO LAW ENFORCEMENT
ENSPIR SOLUTIONS may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.
DISPUTES, ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
The terms of this Section shall apply to all Disputes between you and ENSPIR SOLUTIONS. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and ENSPIR SOLUTIONS arising under or relating to any ENSPIR SOLUTIONS Services or Products, ENSPIR SOLUTIONS’s websites, these Terms, or any other transaction involving you and ENSPIR SOLUTIONS, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND ENSPIR SOLUTIONS AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR ENSPIR SOLUTIONS FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by ENSPIR SOLUTIONS and will be held at the AAA location chosen by ENSPIR SOLUTIONS in Nevada. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ENSPIR SOLUTIONS will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and ENSPIR SOLUTIONS alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against ENSPIR SOLUTIONS in violation of this paragraph, you agree to pay ENSPIR SOLUTIONS’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.
In the event of a Dispute, you or ENSPIR SOLUTIONS must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to ENSPIR SOLUTIONS must be addressed to: ENSPIR SOLUTIONS, 3250 Retail Drive Ste. 120 #110 Carson City, NV 89706 (the “ENSPIR SOLUTIONS Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If ENSPIR SOLUTIONS and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or ENSPIR SOLUTIONS may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
No failure or delay by you or ENSPIR SOLUTIONS to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
U.S. EXPORT LAWS
This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.