By applying for hosting and/or email account(s) at OFFSITE, Inc, you accept these terms and conditions and acknowledge that your use of services provided by OFFSITE, Inc. is subject to certain limitations set forth below. This policy represents a legal and enforceable contract between the user and OFFSITE, Inc. If you do not accept this agreement, do not proceed with the sign-up process.

1. Payments and Fees
   All accounts must be paid within 5 days of the account due date. Accounts not paid by the due date will be suspended and are subject to a $17.95 account reactivation fee. Accounts that are not collectable by OFFSITE, Inc. may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than $50 nor more than $150. If you require a paper statement a $2 administrative fee will be added to your invoice.

2. Refunds
   Refunds will only be issued within the first 30 days of service. OFFSITE, Inc. reserves the right to deduct bandwidth fees at a rate of $40/Mbps or $1/MB, whichever is less, from any amount due. After the first 30 days a refund will not be issued for any unused period of service. Refunds will be issued by check within 2 weeks of the account cancellation. Refund checks will only be mailed to the account owner at the address provided during account signup.

3. Disputes
   All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer, that in OFFSITE, Inc.’s sole discretion is a valid charge under the provisions of the TOS (Terms of Service) and/or AUP (Acceptable Use Policy), you agree to pay OFFSITE, Inc. an administrative fee of not less than $50 and not more than $100.

4. Failure to Pay
   OFFSITE, Inc. may temporarily deny service or terminate service upon failure of the customer to pay charges when due. Such termination or denial will not relieve customer of responsibility for the payment of accrued charges, plus reasonable interest and any collection fees.

5. Account Cancellation
   Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:
   OFFSITE, Inc.
   893 Main Street
   Manchester, CT 06040
   Or you may submit your cancellation request via our online helpdesk or via email at support@offsitenow.com.

6. Warranties/Disclaimers
   OFFSITE, Inc. hosting service is provided on an “as is, as available” basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to OFFSITE, Inc. hosting service or any information or software therein. You release OFFSITE, Inc. from and OFFSITE, Inc. shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the OFFSITE, Inc. services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by OFFSITE, Inc. Network’s own negligence. Without limiting the generality of the foregoing, OFFSITE, Inc. disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the OFFSITE, Inc. services. In no event shall OFFSITE, Inc. aggregate liability exceed the amount paid by you to OFFSITE, Inc. for OFFSITE, Inc. services. Use of any information obtained via OFFSITE, Inc. hosting service is at the user’s own risk. OFFSITE, Inc. specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

7. Security
   The Customer is responsible for all use of the Customer’s account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. OFFSITE, Inc. will suspend access or change access to Customer’s account(s) immediately upon notification by Customer that Customer’s password has been lost, stolen or otherwise compromised. OFFSITE, Inc. is not liable for any usage and or charges prior to OFFSITE, Inc. making the necessary account alteration. Electronic mail on this system is as private as we can make it. OFFSITE, Inc. customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted and even encrypted information is only as secure as the encryption method utilized.

8. Data Storage
   OFFSITE, Inc. is not responsible for any Customer’s personal files residing on OFFSITE, Inc.’s equipment. The Customer is responsible for independent backup of the Customer’s data that is stored on OFFSITE, Inc.’s equipment. OFFSITE, Inc. reserves the right to delete any Customer’s personal files after one or both parties terminate the service agreement between OFFSITE, Inc. and the Customer.

9. Non-Transferability of Account
   The right to use OFFSITE, Inc. service is not transferable. Use of OFFSITE, Inc. accounts is expressly limited to the individual or business whose name appears on the account.

10. Compliance with all Laws
    Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the State of Connecticut and the Customer’s locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on OFFSITE, Inc. service through customer’s account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on OFFSITE, Inc. equipment. The customer shall defend, indemnify and hold harmless OFFSITE, Inc. from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer’s use of OFFSITE, Inc.’s services or a Customer’s account in an unlawful manner or otherwise in violation of or contrary to the Customer’s Agreement with OFFSITE, Inc. or OFFSITE, Inc.’s Acceptable Use Policies. At OFFSITE, Inc.’s discretion, OFFSITE, Inc. may revoke any Customer’s access to OFFSITE, Inc. services or accounts for inappropriate usage.

11. Cooperation with Authorities
    While we have neither time or interest in reading traffic directed to or from users of our services, you are advised that there is no guarantee of privacy, either explicit or implied. We will cooperate fully with any request from any law enforcement agency presenting proper documentation according to the law, and any Internet Service Provider seeking to investigate spamming or hacking incidents believed to be connected with our service.

12. Acceptable Use Policy
    Users are responsible for regularly reviewing the OFFSITE, Inc. Acceptable Use Policy (AUP) located on our website. The Acceptable Use Policy is subject to change, without prior notice, upon posting to the aforementioned web address.

13. Confidentiality of Personal Subscriber Information
    OFFSITE, Inc. will not release a Customer’s personal subscriber information, nor a Customer’s billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that OFFSITE, Inc.’s judgment as to the validity of any court order of subpoena shall be considered proper and final.

14. Right to Suspend or Cancel Account
    OFFSITE, Inc. reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of OFFSITE, Inc. that the Customer may be performing activities harmful to OFFSITE, Inc. or its customers, employees, vendors, business relationships or any other users of the Internet.

15. Right to Damages
    OFFSITE, Inc. reserves the right to collect damages (software, hardware and man hours) if any harm is done to OFFSITE, Inc. which requires repair or reconfiguration of any kind. In the event a Client’s account is turned over to a collection agency, Client accepts and acknowledge that the Client will be responsible for all applicable fees OFFSITE, Inc. incurs related to the collection of monies due OFFSITE, Inc. Damages will be billed for downtime due to customer damage at a minimum of $200 per hour.

16. Other Remedies/Non-Waiver
    Nothing contained in these policies shall be construed to limit action OFFSITE, Inc. may take or remedies available to OFFSITE, Inc. in any way with respect to any of the described conduct. OFFSITE, Inc. reserves the right to take any additional actions OFFSITE, Inc. may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the OFFSITE, Inc. networks and levying cancellation charges to cover OFFSITE, Inc.’s costs in the event of disconnection of dedicated access for the causes outlined above. In addition, OFFSITE, Inc. reserves at all times all rights and remedies available to OFFSITE, Inc. with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and OFFSITE, Inc. reserves the right to enforce such policy or rule at its sole discretion.

17. Right to Change Service
    OFFSITE, Inc. reserves the right to change and without notice, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

18. Waivers and Limitations of Liability
    Mutual Waivers and Limitations of Liability. By entering into this Agreement, we both waive important rights. You agree our maximum liability is limited to a refund or rebate of charges you have paid or owe to us. We agree your maximum liability is limited to charges you owe us, any actual damages caused to our business or property, and any damages collected from us by a third party arising out of your use of our products or services. Neither of us can recover punitive, treble, consequential, indirect or special damages or attorney’s fees. Instead of suing in court, you and we agree to arbitrate disputes arising out of or related to the Agreements between us—independent arbitration involving a neutral arbitrator administered by the American Arbitration Association under arbitration rules applicable to our industry.

19. Digital Millennium Copyright Act (DMCA) Violation Reporting Guidelines
    Reports of DMCA violations must meet the following criteria:

    A. Reports must be submitted either via fax to (860) 432-1497 or by mail to the     following address (Reports will not be accepted via email):     OFFSITE, INC. Technical Support     893 Main Street     Manchester, CT 06040 B. Reports must be signed by the holder of the infringed copyright or the holder’s     authorized agent C. Reports must clearly and specifically indicate the exact location (URL), nature,     and extent of each instance of allegedly infringing content D. Reports must clearly and specifically identify the exact copyrighted material that     is being infringed. E. Reports must include sufficient documentation to allow us to verify with certainty     the copyright status of the reported material. F. Reports must include full and complete contact information for the copyright holder     and, if applicable, copyright holder’s authorized agent. G. Reports must include the statement “I have a good faith belief that use of the     copyrighted materials described herein is not authorized by the copyright holder,     the copyright holder’s agent, or the law. I, the undersigned, CERTIFY UNDER     PENALTY OF PERJURY that I am the agent authorized to act on behalf of the     owner of certain intellectual property rights and the information in this notification is     accurate.” H. Questions about the Digital Millennium Copyright Act (DMCA) and/or its provisions     should be directed to a legal professional.