Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources), as measured by Green ISP/Solar WebHost, will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Green ISP/Solar WebHost will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and E-commerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. If your site is shut down, you will not be eligible for the uptime agreement.
Sending unsolicited bulk and/or commercial messages ("UCE") over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Green ISP/Solar WebHost's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Green ISP/Solar WebHost server, or selling and/or distributing software (on a Web site residing on a Green ISP/Solar WebHost server) that facilitates spamming. Violators will be assessed a non-refundable minimum fine of $200 and will face immediate suspension. Green ISP/Solar WebHost reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Any scripts, in any programming language that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Green ISP/Solar WebHost does not permit CGI script sharing with domains not hosted by Green ISP/Solar WebHost or any scripts that may be abused for UCE purposes.
Green ISP/Solar WebHost does not allow Web Hosting and E-commerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, Green ISP/Solar WebHost provides Java chat rooms that meet most users' needs and run without hindering system performance.
Background Running Programs and Cron Jobs
Green ISP/Solar WebHost may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and E-commerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Green ISP/Solar WebHost at support@Green ISP/Solar WebHost.net so that we can arrange set-up.
Green ISP/Solar WebHost does not allow IRC or IRC bots to be operated by Web Hosting and E-commerce customers.
Green ISP/Solar WebHost does not allow you to: run any bit torrent application, tracker, or client; Use 25% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc; Run any gaming servers such as counter-strike, half-life, battlefield, etc; Participate in any file-sharing/peer-to-peer activities; Run cron entries with intervals of less than 15 minutes or a cron job that last more then 5 minutes.
Green ISP/Solar WebHost's Web Hosting accounts are NOT configured for the purposes of distributing software and/or multimedia products.
E-commerce accounts ARE configured for the purposes of distributing software and/or multimedia products. You can install any e-commerce software on your web hosting account you wish, but it is not supported by Green ISP/Solar WebHost.
Multimedia files are defined as any graphics, audio, and video files. Green ISP/Solar WebHost Web Hosting and Ecommerce accounts are can be used for the purposes of distributing and storing unusual amounts of multimedia files as long as the space of your web hosting plan has not been exceed.
Any database stored on Green ISP/Solar WebHost's Web Hosting and E-commerce servers will be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account except for access databases.
E-commerce Store Plans
1. All Green ISP/Solar WebHost E-Commerce Store Web Hosting Plans have custom proprietary e-commerce software that is owned by Green ISP/Solar WebHost. Since we developed and maintain our proprietary E-Commerce technology, Green ISP/Solar WebHost gives you only rights to use the software until your account is cancelled. This right does not give you any ownership to the software, source code, store design/look and/or store data. Customer agrees and acknowledges that any software or applications that are provided as a part of the Green ISP/Solar WebHost E-Commerce Store Services may include errors or bugs that may result in erroneous information, including but not limited to, computations and calculations, for the Customer. Customer agrees that Green ISP/Solar WebHost is not responsible or liable for any errors, bugs, malfunctions, or incomplete or erroneous information that may result from Customer's use of Green ISP/Solar WebHost E-Commerce Store Services or from any related software or applications that are provided by Green ISP/Solar WebHost or a third party. Customer agrees and acknowledges that any tax computation(s) that Customer generates or requests from Green ISP/Solar WebHost E-Commerce Store Services may not be reliable and Customer should therefore always use a third party professional to calculate any and all taxes. Customers expressly agrees that Green ISP/Solar WebHost is not responsible or liable in any way to the Customer for the accuracy of any tax computation or calculation of any kind that the Customer performs using Green ISP/Solar WebHost E-Commerce Store Services, any related software or applications. This Agreement does not transfer from Green ISP/Solar WebHost to You any Green ISP/Solar WebHost developed, licensed, or owned technology, and all rights, title, and interest in and to such technology will remain solely with Green ISP/Solar WebHost. The customer agree that they will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from Green ISP/Solar WebHost.
2. Green ISP/Solar WebHost grants to You a personal, nontransferable and nonexclusive right to use the object code of its Software only on a server controlled by Green ISP/Solar WebHost for the sole purpose of using the Service; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided or authorized by Green ISP/Solar WebHost for use in accessing the Service. You may not use web pages or parts of web pages generated by means of the Software, other than Content that originates from and is proprietary to You, on any server other than the servers controlled by Green ISP/Solar WebHost without Green ISP/Solar WebHost's express written agreement. You also acknowledge and agree that the Software is intended for access and use by means of web browsing software, and that Green ISP/Solar WebHost does not commit to support any particular browsing platform.3. Green ISP/Solar WebHost reserves the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to You. If any revision or modification to the Software materially changes Your ability to conduct business, Your sole remedy is to cancel Your Service. You can use the Service to facilitate the creation and maintenance of an interactive online store ("Store") for the sale of goods and services. You acknowledge and agree that You will be solely responsible for all goods and services offered at and sold through Your Store, all materials used or displayed at the Store, and all acts or omissions that occur at the Store or in connection with Your account or password.4. Certain Stores may be subject to additional requirements. You agree to display in Your Store Your contact information, including but not limited to Your company name, address, telephone number, fax number, and email address. You also agree to update such information to keep it true, accurate, current, and complete. Green ISP/Solar WebHost reserves the right to terminate Your Service, or refuse to host or continue to host any Store which it believes, in its sole discretion: (a) has caused a significant number of complaints for failing to be reasonably accessible to customers or timely fulfill customer orders; or (b) has become the subject of a government complaint or investigation. Additionally, Green ISP/Solar WebHost reserves the right to review and remove any Store at any time for non-compliance with any of the Terms within the Terms Of Service. Upon signing up for an e-commerce store plan you agree to these Terms Of Service.
All users of Green ISP/Solar WebHost services, and all customers upon signing up for and continuing to use Green ISP/Solar WebHost's services, agree to be bound by the following terms and conditions.E-Mail Restrictions
Some people ask why we have a policy against unsolicited e-mailing, or why we even restrict bulk e-mailing. A general overview of our reasons are listed below along with some links that can clarify the situation.
Unsolicited e-mail, commonly know as "spam" is one of the more heated issues on the Internet. It is considered a breach of Netiquette and often generates more complaints than sales. This is partially because of the tremendous number of unsolicited e-mails received by some individuals (often more that 50 per day), and partially because of the damage and expense the advertising method itself causes.
Large providers who can do several million e-mails per day can cause hundreds of dollars in bandwidth charges a day to local Internet Service Providers (ISP's). This cost can cause incredible damage to a small company. Especially when it is taken into account that conservative estimates state that approximately 20% of all e-mail sent across the Internet is unsolicited.
This does not include the cost of additional mail servers, staff handling the problems this additional e-mail causes, or on-line time taken up to download and read all the e-mail messages. These costs ultimately get passed on to the consumer, who never requested the e-mail in the first place.
Many other problems are generated when the UCE senders try to avoid the hassles of bounced e-mail and complaints by spoofing and forging header information. The bounced e-mail is often sent to an unsuspecting, innocent user, who often has to bear the brunt of angry victims. In a further attempt to hide their identity, some "spammers" hijack third party servers, sometimes causing server crashes and system damage, as well as the additional data transfer cost.
This sort of unsolicited advertising is also against the policies of our upstream providers, Sprint, UUNet, and MCI. Their policies are listed among the links below. By allowing our customers to violate our policy we would be violating our contract with our providers and risking disruption of service.
This barely begins to scratch the surface of the "spam" issue. Further information can be found at the sites listed below:
All users of our Solar Hosting, ("Green ISP/Solar WebHost") services, and all customers upon signing up for and continuing to use Green ISP/Solar WebHost's services, agree to be bound by the following terms and conditions.
Service Level Agreement Coverage Definitions
This Service Level Agreement (SLA) applies to you ("customer"), if you have ordered any services from Green ISP/Solar WebHost, (the "Service Provider") and your account is current (i.e., not past due) with Green ISP/Solar WebHost: As used herein, the term "Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of customer's web site is available for access by third parties via HTTP and HTTPS, as measured by Green ISP/Solar WebHost.Net.
- Circumstances beyond Green ISP/Solar WebHost.Net's reasonable control, including, but without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, but without limitation, e-commerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA.
- Failure of access circuits to the Green ISP/Solar WebHost network, unless such failure is caused solely by Green ISP/Solar WebHost.Net.
Credit Request and Payment Procedures
Green ISP/Solar WebHost's services include, but are not limited to:
1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that Green ISP/Solar WebHost provides to customers);
2. any use by customers, or any access provided to customers by Green ISP/Solar WebHost, of computing, telecommunications, software, information, hardware, and equipment;
3. any act, or provision of any service, by Green ISP/Solar WebHost to customers, related to Web hosting, virtual desktops, domain name registrations and domain name transfers (including server usage and technical support), regardless of duration and whether paid for or not;
4. any provision by Green ISP/Solar WebHost to customers, of any space, Internet connectivity, or electrical power;
5. any access or use related to the Green ISP/Solar WebHost's Web site, including the Web site itself;
6. any other service mentioned in the TOU;
7. any other service provided by Green ISP/Solar WebHost to customers, whether used or not;
8. any other Green ISP/Solar WebHost services that are used by customers, whether offered or provided by Green ISP/Solar WebHost to customers.
Ownership of Web Site
The legal owner of customers' Web sites and accounts with Green ISP/Solar WebHost will be the individual or organization whose name is listed in Green ISP/Solar WebHost's database as the owner. Customers will fully cooperate with and abide by any and all of Green ISP/Solar WebHost's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Green ISP/Solar WebHost.
Green ISP/Solar WebHost servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Sending unsolicited bulk and/or commercial messages ("UCE") over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Green ISP/Solar WebHost's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Green ISP/Solar WebHost server, and selling or distributing software (on a Web site residing on a Green ISP/Solar WebHost server) that facilitates spamming. Violators will be assessed a non-refundable minimum fine of £150 and will face immediate suspension. Green ISP/Solar WebHost reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system and/or network security are prohibited and may result in criminal and civil liability, and/or reduction and/or restriction of network or server resources. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. You are responsible to report any weakness you discover in the security of Green ISP/Solar WebHost's computing resources to Green ISP/Solar WebHost. You are not to explore a weakness on your own as this may be interpreted as intentionally tampering with Green ISP/Solar WebHost's resources and be treated as a violation of criminal law. If you wish to assist in resolving a security weakness in the system, you should contact Green ISP/Solar WebHost for authority to act and for further instruction.
Viruses and Other Destructive Activities
Use of Green ISP/Solar WebHost's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Green ISP/Solar WebHost's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Pornography and sex-related merchandising are prohibited on Green ISP/Solar WebHost servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
The use of Green ISP/Solar WebHost's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Green ISP/Solar WebHost is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Customers are required to use the Green ISP/Solar WebHost network and/or servers responsibly. This includes respecting the other customers of Green ISP/Solar WebHost. Green ISP/Solar WebHost reserves the right to suspend and/or cancel service with any customer who uses the Green ISP/Solar WebHost network in such a way that adversely affects other Green ISP/Solar WebHost customers. While Green ISP/Solar WebHost may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Green ISP/Solar WebHost does not monitor its customers' communications or activities to determine whether they are in compliance with the TOS. However, when Green ISP/Solar WebHost becomes aware of any violation of the TOS or other user agreements, Green ISP/Solar WebHost may take any action to stop or correct such violation, including, but not limited to, denying access to Green ISP/Solar WebHost's services and equipment or to the Internet. In addition, Green ISP/Solar WebHost may take action against a customer or a customer of such customer because of the activities of such customer. Green ISP/Solar WebHost anticipates that customers who offer Internet services will cooperate with Green ISP/Solar WebHost in any corrective or preventive action that Green ISP/Solar WebHost deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Green ISP/Solar WebHost policy and Green ISP/Solar WebHost reserves the right to take any such action even though such action may affect other customers of the Green ISP/Solar WebHost customer. You are responsible for retrieving your e-mail, web site files, and all other information stored on our servers that is owned by you, prior to canceling your account. You are responsible to report any weakness you discover in the security of Green ISP/Solar WebHost's computing resources to Green ISP/Solar WebHost.
Actions Taken by Green ISP/Solar WebHost
The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. Green ISP/Solar WebHost will be the sole arbiter as to what constitutes a violation of the TOS. Green ISP/Solar WebHost reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Green ISP/Solar WebHost becomes aware of an alleged violation of its TOS, Green ISP/Solar WebHost will initiate an investigation. During the investigation, Green ISP/Solar WebHost may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Green ISP/Solar WebHost may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Green ISP/Solar WebHost will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Green ISP/Solar WebHost does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Green ISP/Solar WebHost. Websites found in violation of this TOS policy are subject to account termination without notice and any refunds are void. Violations of system or network security are prohibited and may result in criminal and civil liability.
Green ISP/Solar WebHost customers agree to protect, defend, hold harmless, and indemnify Green ISP/Solar WebHost, any third party entity related to Green ISP/Solar WebHost (including, without limitation, third party vendors), and Green ISP/Solar WebHost's executives, directors, officers, lawyers, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Green ISP/Solar WebHost, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Green ISP/Solar WebHost's services.
The Green ISP/Solar WebHost service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Green ISP/Solar WebHost expressly disclaims any representation or warranty that the Green ISP/Solar WebHost service will be error-free, secure or uninterrupted. No oral advice or written information given by Green ISP/Solar WebHost, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Green ISP/Solar WebHost and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Green ISP/Solar WebHost may immediately terminate provision of Green ISP/Solar WebHost's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Green ISP/Solar WebHost in such event.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Green ISP/Solar WebHost (INCLUDING, WITHOUT LIMITATION, Green ISP/Solar WebHost'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS Green ISP/Solar WebHost, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Green ISP/Solar WebHost'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Green ISP/Solar WebHost SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Green ISP/Solar WebHost SERVICES EVEN IF Green ISP/Solar WebHost HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Green ISP/Solar WebHost'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR Green ISP/Solar WebHost'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Green ISP/Solar WebHost OR Green ISP/Solar WebHost's REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 1-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Green ISP/Solar WebHost may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, service, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Green ISP/Solar WebHost's services. Certain changes to Green ISP/Solar WebHost's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Green ISP/Solar WebHost is not liable, for any and all such personalized applications and content, except as expressly agreed to by Green ISP/Solar WebHost.
Backup of Data
Except where Green ISP/Solar WebHost has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Green ISP/Solar WebHost is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Green ISP/Solar WebHost services. You are responsible to make any back-ups of electronically stored data which you have created or maintain. Green ISP/Solar WebHost assumes no responsibility for lost or corrupted data.
Third Party Licenses
Green ISP/Solar WebHost makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Green ISP/Solar WebHost makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Green ISP/Solar WebHost specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Green ISP/Solar WebHost liable in any way for the revocation of any license, which has been licensed to Green ISP/Solar WebHost. The use of the Technologies obtained from or through Green ISP/Solar WebHost, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Non-Green ISP/Solar WebHost Products
Any mention of non-Green ISP/Solar WebHost products by Green ISP/Solar WebHost, its employees, or any third party entity related to Green ISP/Solar WebHost is for information purposes only and does not constitute an endorsement or recommendation by Green ISP/Solar WebHost. Green ISP/Solar WebHost disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Green ISP/Solar WebHost products or services.
Green ISP/Solar WebHost's Intellectual Property
Customers will not, without Green ISP/Solar WebHost's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Green ISP/Solar WebHost's Web site, Green ISP/Solar WebHost related documents, media, and/or publishing's; and customers will not use any of Green ISP/Solar WebHost's trademarks, service marks, copyrighted materials, or other intellectual property without Green ISP/Solar WebHost's express written consent. Customers will not, in any way, misrepresent their relationship with Green ISP/Solar WebHost, attempt to pass themselves off as Green ISP/Solar WebHost, or claim that customers are Green ISP/Solar WebHost.
Customers may not assign or delegate their rights or obligations under the TOS or other agreement for Green ISP/Solar WebHost's services, either in whole or in part, without the prior written consent of Green ISP/Solar WebHost.
Green ISP/Solar WebHost will not be liable for delays in its performance of the TOS or Green ISP/Solar WebHost services caused by circumstances beyond Green ISP/Solar WebHost's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Green ISP/Solar WebHost will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Waiver and Amendment Any waiver, modification, or amendment of any provision of the TOS or other agreement for Green ISP/Solar WebHost services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Green ISP/Solar WebHost.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Green ISP/Solar WebHost and its customers. Each of Green ISP/Solar WebHost and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
Complete Agreement and Exclusivity
The TOS, and/or any other specific agreement for Green ISP/Solar WebHost services, constitutes the complete understanding and agreement between Green ISP/Solar WebHost and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Green ISP/Solar WebHost, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for Green ISP/Solar WebHost services is between Green ISP/Solar WebHost and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Green ISP/Solar WebHost.