PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
The terms “we”, “us” or “our” shall refer to Inert Host (inerthost.com and inerthost.net). The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services.
In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Inert Host that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Inert Host has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Inert Host reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your email, password, Payment Method(s) (as defined below). For security purposes, Inert Host recommends that you change your password at least once every six (6) months for each Account. You must notify Inert Host immediately of any breach of security or unauthorized use of your Account. Inert Host will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Inert Host or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
GENERAL RULES OF CONDUCT
You acknowledge and agree that:
Your use of this Site and the Services , including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
You will not use this Site or the Services in a manner (as determined by Inert Host in its sole and absolute discretion) that:
Is illegal, or promotes or encourages illegal activity;
Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
Promotes, encourages or engages in terrorism, violence against people, animals, or property;
Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
Infringes on the intellectual property rights of another User or any other person or entity;
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
Interferes with the operation of this Site or the Services found at this Site;
Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Inert Host or Inert Host’s Services.
You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by Inert Host.
You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
You will not access Inert Host Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Inert Host may designate.
You agree to back-up all of your User Content so that you can access and use it when needed. Inert Host does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
You will not re-sell or provide the Services for a commercial purpose, including any of Inert Host’s related technologies, without Inert Host’s express prior written consent.
You will not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Inert Host Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Inert Host Content or the User Content therein.
You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
You are aware that Inert Host may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether Inert Host asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Inert Host is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of Inert Host that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from Inert Host. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of Inert Host that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from Inert Host. Message and data rates may apply.
Without limiting any of the rights set forth elsewhere in this Agreement, Inert Host expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any Inert Host policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by Inert Host in its sole and absolute discretion).
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.
MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
Inert Host generally does not pre-screen User Content (whether posted to a website hosted by Inert Host or posted to this Site). However, Inert Host reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Inert Host may remove any item of User Content (whether posted to a website hosted by Inert Host or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Inert Host in its sole and absolute discretion), at any time and without prior notice. Inert Host may also terminate a User’s access to this Site or the Services found at this Site if Inert Host has reason to believe the User is a repeat offender. If Inert Host terminates your access to this Site or the Services found at this Site, Inert Host may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.