Hosting Policies | i4Market, LLC

READ THIS AGREEMENT CAREFULLY BEFORE USING ANY i4Market SERVICE.

AGREEMENT

This is an agreement between i4Market, LLC and you to provide i4Market Internet service (“the Service”). By establishing an account, using the Service, using i4Market-provided software, using the equipment or indicating agreement through the software or website, you agree to be bound by this Agreement, including future revisions and to use the Service in compliance with the current i4Market Acceptable Use Policy.

THE SERVICE

Depending on the type of Service that you choose, the Service may include internet access, software, hardware, email, web space, wireless data, wireless voice and other features. From time to time i4Market may impose reasonable rules and regulations regarding the use of the Services.

The Service speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of i4Market. i4Market does not guarantee upload or download speeds. Some line stabilization may be necessary for service. Stabilization could include the lowering of provisioned line speed. Should this occur, i4Market will NOT be able to increase the line speed once the connection is stabilized. Some Services may only work using certain phone service carriers or non-PBX (including rollover/party line) phone systems.

Your Service may limit the amount of data that you can upload and/or download each month (“bandwidth”) or may be priced according to the amount of bandwidth you use per month. Please see the description of your particular Service by referring to the appropriate product page at www.i4Market.net for more information. If during any month, you exceed a monthly bandwidth limit associated with your Service, i4Market may, going forward, change your Service to one permitting such bandwidth use (as provided for in the Service description) and you agree to the standard fees i4Market charges for such Service. i4Market will provide you with notice of any such change to your Service.

Email accounts exceeding allotted email space may, depending on the Service and at i4Market’s discretion, be suspended and be transferred to a compressed temporary file or storage or may be deleted. i4Market may delete the temporary file from the server 60 days after notifying you.

PAYMENT

You will be charged a monthly service fee and applicable taxes and other fees. Some services may also include charges for hardware, activation or early cancellation. i4Market may offer, from time to time, certain promotions with different terms, activation fees, and monthly charges. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately.

You agree to pay all taxes, surcharges, and fees set by the government. We may not always give advance notice of changes to these items. You are responsible for any charges to your account. Questions regarding charges to an account should be directed to i4Market’s Customer Service Department at (866) 626-8120. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.

Charges may be billed to your credit card, debit card or bank account, as applicable, each month for the Service and any additional usage, services, taxes and fees. i4Market is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by i4Market. You agree to maintain valid and current credit card information on file with i4Market at all times.

If purchasing Services through a reseller, the reseller must pay all amounts owing for your account. If the reseller fails to pay i4Market any amounts due, whether or not you have paid the reseller, your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.

ACCOUNT SUSPENSIONS:

i4Market uses automated billing for all hosting accounts and will attempt to auto bill your credit card on file when hosting charges are due. Accounts that are past due over the 10 day grace period will be automatically suspended without warning by our system. No Exceptions. Accounts that have been suspended for any reason will be charged a $25 reactivation fee. Accounts that have been suspended longer than 10 days will be deleted from the system, website and all data contained in the account.

YOUR ACCOUNT, PASSWORD, AND SECURITY

Upon registration, you will receive a username, password, and other account information. You and members of your household or business, if you have purchased a business account, are the only authorized users of your i4Market account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify i4Market immediately upon discovering any unauthorized use of your account.

MISCELLANEOUS

This Agreement, the Acceptable Use Policy, and i4Market’s other Agreements and policies posted on i4Market’s Web site constitute the entire agreement between you and i4Market with respect to your use of the Service. i4Market may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on i4Market’s Web site: (www.i4Market.net) and/or on your start pages and/or by email and/or in our various publications and mailings to you. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of i4Market.

You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of i4Market, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. i4Market will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of i4Market as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. i4Market may subcontract any work, obligations or other performance required of i4Market under this Agreement without your consent.

You shall indemnify and hold i4Market harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney’s fees and expenses that i4Market may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement, the Acceptable Use Policy, and i4Market’s other agreements and policies and for any act or omission of you or your clients which are in any way related to the i4Market Service.

Order Acceptance, Payment

A Web Hosting order is only accepted by i4Market sending written confirmation to you. i4Market shall charge your credit card for applicable set-up fees and monthly fees according to the Web Hosting Package (“Package”) you select. Such fees and charges shall include, without limitation, the fees for connectivity, design services, and charges by any and all third parties whose materials are included as part of the Package. i4Market reserves the right to change the amount of, or basis for determining, any fees or charges and institute new fees and charges upon prior notice to you.

All monthly fees and set-up fees shall be due in advance of the month incurred and all additional charges shall be due at the end of the month in which such charges are incurred. Except as provided below, the set-up fees are nonrefundable and i4Market does not issue pro rata refunds for fees paid in advance. Your right to use the Services are subject to any limits established by i4Market or by the issuer of your credit card. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance, which is more than thirty (30) days overdue. You shall be responsible for any and all taxes related to this Agreement.

Third Party Providers

In order to access and use the Services, you may be required to subscribe to other Services, including, but not limited to, the i4Market Internet Access Agreement. In addition, you acknowledge that in order to access certain of the Services, you may have to agree to and execute agreements with third party providers who may charge additional fees and charges in addition to i4Market.

Term and Termination

The Service shall be provided on a month-to-month basis. You may cancel the Service upon thirty (30) days prior notice. i4Market may immediately and without prior notice terminate upon a violation by Customer of i4Market’s acceptable use policy, non-payment of fees when due or after notice, you fail to correct any breach of this Agreement.

Upon any termination, i4Market may permit Customer forty-eight (48) hours to download or otherwise copy any of Customer’s information and data residing on i4Market’s facilities prior to removing such information and data from i4Market’s facilities. Upon termination by i4Market under its sole discretion, i4Market may immediately remove all of Customer’s data and information from i4Market’s facilities and Customer shall have no right to copy or download such data or information, and, in such event, all such information and data, including all copyrighted or copyrightable material therein, shall then become the property of i4Market. In cases where Customer’s account has been cancelled, and Customer is requesting reactivation, i4Market, at it’s option, may reactivate the same account, only if the account had been cancelled less than sixty (60) days prior. After sixty (60) days, Customer will be required to set up a new account.

No Guarantee of Registration or Renewal

You acknowledge and agree that i4Market does not guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, since i4Market cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further acknowledge and agree that i4Market may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that i4Market is not liable or responsible in any way for any errors, omissions or any other actions by any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. You additionally agree to indemnify, defend and hold harmless i4Market and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name.

System Performance Degradation

i4Market’s delivery of the i4Market Services depends upon its computer system and the computer system of its registrar, both of which are responsive to the demands of the domain name registration process. Occasionally, i4Market’s computer system or its registrar’s computer system are subjected to exceptional volumes of incoming domain name registration requests, electronic mail messages, and/or WHOIS queries that result in significant degradation of i4Market’s or its registrar’s system processing and response time. Regardless of the reason, in those instances when there is system performance degradation as the result of an extremely large volume of incoming electronic messages, i4Market reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of the high-volume traffic. i4Market will selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. i4Market further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.

Limitation of Liability

YOU AGREE THAT i4Market WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND i4Market’S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (h) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. i4Market ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF i4Market HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL i4Market’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE i4Market SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Hackers and Hacked Sites

i4Market.net cannot and will not be liable for illegal activity that may result in your site getting hacked whether built by i4Market or not. i4Market does nightly backups and will restore sites if necessary at the request of the site owner for a fee of $50 per occurrence. Repairing and/or debugging sites will be billed at our standard hourly rate.

i4Market, LLC provides subscription based services where the customer chooses the billing cycle at time of sign up (monthly, quarterly, yearly and 2 year). The services are automatically renewed and the account is charged on the first day of every new billing cycle. This is done so that we do not have to interrupt services for late payments or customer email related problems. If you want your service to expire then follow the cancellation policy.

i4Market, LLC has a 30-day money back guarantee. All service fees paid, minus setup fees and/or domain registration fees, will be refunded once an email is received from the site administrator stating the desire to cancel service. The cancellation will be verified and all refunds due will be sent to the customer in the form of a i4Market, LLC company check or credit to the credit card on file.

If the customer signed up for an account with a billing period that waives the setup fees but then cancels in the first 30 days the normal setup fee will be deducted as if the customer signed up for a monthly cycle. If a customer requests to cancel service after the 30-day money back period has expired the amount of service that has been paid for will be provided and the account will be canceled.

We can only accept email termination requests from the email address that signed up the account or an email from the active domain owner! Telephone requests or requests from a 3rd party will not be honored. This is for your security, to ensure no one makes unauthorized changes to your account. Alternatively, you may fax us a signed, written request along with a legible copy of photo identification (such as a driver’s license).

i4Market customers disseminate information through the Internet, they also must keep in mind that i4Market does not review, edit, censor or take responsibility for any information its customers may create. Customers are responsible for the same liabilities as authors such as copyright, slander and other harmful speech.

As a web host provider (“Web Hosting”), we offer our subscribers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. We also want our subscribers to be fully informed of their rights and obligations — and ours — in connection with their use of the Internet. This Network Access Policy, which supplements and explains certain terms of each customer’s respective services agreement (the “Services Agreement”), is intended as a plain English guide to those rights and obligations.

The fundamental fact about the Internet is that no one –neither us, nor anyone else — owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When i4Market subscribers obtain information through the Internet, they must keep in mind that we cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because we cannot monitor and censor the Internet, and will not attempt to do so, we cannot accept any responsibility for injury to our subscribers that results from inaccurate, unsuitable or offensive Internet communications.

When i4Market, LLC subscribers disseminate information through the Internet, they also must keep in mind that we do not review, edit, censor or take responsibility for any information our subscribers may create. This places on subscribers what will be, for most, an unfamiliar responsibility. When i4Market users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over our facilities and may reach a large number of people, including both subscribers and non-subscribers of ours, subscribers’ postings to the Internet may affect other subscribers and may harm our goodwill, business reputation and operations. For these reasons, subscribers violate our policy and the Services Agreement of i4Market if they, their affiliates or subsidiaries engage in activities, that we determine to be harmful to our subscribers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. We will not, as an ordinary practice, monitor the communications of our subscribers to ensure that they comply with our policy or applicable law. If we become aware of harmful communications, however, we may take any of a variety of actions. We may remove information that violates our policies, implement screening software designed to block offending transmissions, or take any other action we deem appropriate, including termination of a subscriber’s contract with us.

We also are aware that many of our subscribers are, themselves, providers of Internet services, and that information reaching our facilities from those subscribers may have been originated by customers of those subscribers or other third parties. We do not require our subscribers who offer Internet services to monitor or censor transmissions created by customers of its subscribers. At the same time, subscribers who knowingly transmit materials that violate law or our policy are themselves, in violation of our policy. Similarly, we anticipate that subscribers who offer Internet services will cooperate with us in any corrective action that we deem necessary, in order to correct and prevent the transmission of material that is harmful to us or our subscribers. Failure to cooperate with such corrective and preventive measures is a violation of our policy.

We also are concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our subscribers to assume that all of their on-line communications are insecure.

We are also not liable for client data loss. The client alone is responsible for the integrity of their client data, which includes but is not limited to website content, e-mail, database information, and other data created by the client on our network, despite i4Market’s backup mechanisms to prevent data loss. Client utilities are supplied to assist in client backups in addition to our regular server backups.

We cannot take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our subscribers’ on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages or files sent or received by our subscribers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities necessary to protect us and our subscribers from computer harm, or if such disclosure is necessary to the proper operation of the system.

We expect that our subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber’s failure to comply with those laws will violate our policy. Finally, we wish to emphasize that in signing the Services Agreement, subscribers indemnify us for any violation of the subscriber of the Services Agreement, or of law or i4Market policy, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the subscriber that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the subscriber will pay any damages awarded against us, plus costs and reasonable attorneys’ fees. We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including our subscribers, as responsible members of the Internet and us. Complaints about violators of our policies should be referred to abuse@i4market.net. Each complaint will be investigated.

In order to receive SSH access to our network, you must fax or mail a photocopy of your picture identification to us. We keep this information on file for your protection as well as our own. This information is under our privacy policy and will never be shared with any third parties. This requirement is in place to prevent legal qualms if an individual uses their hosting plan SSH to perform illegitimate activities from our network, including but not limited to denial of service and/or “hacking”.

We do not offer telnet in any way, shape or form. This insecure protocol is inferior to SSHViolation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringement, and can involve the web host in litigation and possible loss of reputation; therefore we will not be held liable for any copyright violation carried out by any of our subscribers.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials or Violation of indecency and obscenity laws can result in criminal penalties and due to immediate account cancellation.

Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the web host whose facilities were used to distribute the defamatory material.

The illegal or unauthorized accessing (often known as “hacking”) of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.

Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities — Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.

The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United

Overview Please read this statement to understand how we will treat the personal information that you give to us. Our privacy procedures include the following:

We disclose our privacy practices and procedures in this document.
We do not sell or rent your personally identifiable information to third parties for marketing purposes.
We allow you to access your account profile and change information as you deem necessary.

Since this policy may change over time as we modify or expand our service, we suggest that you check back from time to time in order to understand how we treat your information. Your use of i4Market.net services constitutes your agreement to the terms of this privacy policy. If we decide to materially change our privacy policy, we will prominently post those changes on this page prior to the change and provide you an opportunity to opt-out, so that you are always aware of what personal information we collect, how we use it and under what circumstances we disclose it. Your continued use of i4Market.net Services constitutes your agreement to any such changes.

What Personally Identifiable Information of yours is collected

Information collected online is often defined as being either anonymous or personally identifiable:

“Anonymous Information” refers to information that cannot be tied back to a specific individual. For instance, we may know that 10,000 people visit this Privacy Policy today, but we do not necessarily know their names, where they live, or their date of birth.

“Personally Identifiable Information” or “PII” refers to information that tells us specifically who you are, such as your name, phone number, or postal address. Certain types of PII will be required to render services and collect payment for services. The type of information may include:

Credit card information to process your request for products, programs, or services.
Information you provide i4Market.net when filling out a user survey.
Information you provide if you contact customer service.
Data related to the areas of our website that you visit and how often you visit those areas. This is purely statistical data.
Content of your website, if we need to perform requested maintenance or service on this content

You never have to answer any questions, and you can decline this exchange of information at any time. However, if you should choose to withhold requested information, we may not be able to provide you with some of the services dependent upon the collection of this information, such as hosting service.
When you surf the Internet, your Internet browser (such as Netscape Navigator) or Microsoft Internet Explorer) automatically transmits some information to i4Market.net every time you access content on one of our sites. Examples of such information include the URL of the Web page you were just on (known as the “Refer”), the IP (or Internet Protocol) address of the computer you are using, or the browser version you are using to access our site. All of this information may be collected by i4Market.net, but is purely statistical or anti-fraud in purpose.

Children Under the Age of 13

As a matter of policy, i4Market.net does not knowingly collect PII from anyone under the age of 13 or allow such persons to register. If you are a person under age 13 who registered on the i4Market.net, no data pertaining to you (including any PII) has been provided to us.

What happens when you leave i4Market to go to other sites

i4Market.net does not control the information collection and distribution policies on Internet domains other than those internet domains that are under the control of i4Market itself. When you are on the i4Market.net Website, you may be directed to other sites that are beyond our control. For example, if you “click” on a banner advertisement or a i4Market.net search result, the “click” may take you off the i4Market.net site. These other sites may independently collect data, solicit personal information, or send their own cookies to you. i4Market.net is not responsible for any use of the information including click-stream data, that you may create i4Market.net using such third party sites.

What kind of security procedures are in place to protect against the loss, misuse, or alteration of information under the company’s control

i4Market.net operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our users. Even your registration account password is encrypted before it is sent to our computers. Any other particularly sensitive information, such as a customer’s credit card number collected for a commerce transaction, is also encrypted prior to transmission.

i4Market.net takes steps to ensure that your information is treated securely and in accordance with our Terms of Service and this Privacy Policy. Unfortunately, no data transmission over the Internet can be guaranteed secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us or from our online products or services, and you use these services at your own risk. We recommend that you do not divulge your password to anyone. You the consumer are ultimately responsible for the security of your i4Market.net Name and password.

How you can correct any inaccuracies in the information

i4Market.net believes strongly in providing you with the ability to access and edit the personal information that you have provided to us. To update the information retained about you, or to deactivate your account, please visit our i4Market.net Member Services area at http://www.i4market.net/accounts/

DISCLAIMERS AND WARRANTIES

i4Market RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. i4Market WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF i4Market’S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. i4Market DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. i4Market MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NO INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH i4Market OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY i4Market OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. i4Market AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, i4MARKET’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM.

i4MARKET SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF i4MARKET, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST i4MARKET IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.