Terms & Conditions

Terms & Conditions

 

 

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Integral Systems LLC, with offices located in the United States, is the entity that exercises control and management over this website. Integral Systems LLC does not warrant or guarantee that any of the products or services that can be accessed via this website are suitable or legally available for use in locations outside of the United States. Those users who access the Products, Services, or Website from other locations do so of their own free will and are solely responsible for ensuring that they comply with all laws that are in effect in those locations.

Individuals, organisations, and businesses that are located in nations that are subject to embargoes by the United States, as well as any person listed on the list of Specially Designated Nationals maintained by the United States Treasury Department, or listed on the Table of Denial Order or Entities List maintained by the United States Commerce Department, are not permitted to enter into agreements associated with the Products or Services that are made available by Integral Systems LLC. You affirm that you are not such a person, organization, or business by placing your order with Integral Systems LLC. This is required in order to proceed.

Hosting, Data Backup Services And Storage Services

1. This Hosting Agreement (“Agreement”) is between the party placing the order for the Services (as defined below) or on whose behalf such order is placed by its authorised representative (the “Customer”) and Integral Systems LLC (“Integral Systems LLC”) and governs the hosting, related Internet connectivity, and/or other services, including, but not limited to, hosting, data backup and storage services (the “Services”) specified in the order form completed by or on behalf of the Customer. This Hosting Agreement (“Agre
2. 1. Integral Systems LLC is obligated to deliver the Services in accordance with the terms outlined in this document, and the Customer is responsible for paying the fees for the Services in accordance with the terms outlined on the Service Order. When the order is placed by the customer, payment is due for the initial term of the Services (as specified on the Service Order). Payment is due for each renewal term of the Services on the date specified in the applicable Service Order Receipt from Integral Systems LLC (each of these dates is referred to as the “Due Date”). Any amounts that remain due after the specified Due Date will be subject to interest at a rate that is the lower of 1.5% per month or the maximum rate allowed by law (“Interest Rate”). Integral Systems LLC reserves the right to suspend or terminate Services to any account that is in payment default. This suspension or termination (regardless of the cause) shall not relieve Customer of its obligation to pay the fees for the Services. Integral Systems LLC reserves the right to suspend or terminate Services to any account that is in payment default.
3. 2. This Agreement shall become effective as to the parties hereto upon Customer’s acceptance of the terms hereof pursuant to the instructions set forth in the on-line Services ordering process (the “Effective Date”) and shall continue until the Expiration Date. 3. Customer may cancel this Agreement at any time prior to the Expiration Date by providing written notice to the other party. 4. (as defined below). This Agreement will renew and continue to be in effect for a renewal term equivalent in length to the term just completed unless I it is terminated earlier in accordance with the terms hereof, (ii) it is otherwise renewed for a specific renewal term, (iii) Customer has given Integral Systems LLC written notice of termination at least 10 days prior to the date of Integral Systems LLC’s Expiration Date of the Services, or (iv) Integral Systems LLC has given Customer written notice of termination. “Expiration Date” refers to the last day of the service term for which any Services are ordered (as per the applicable Service Order), with such service term being measured for purposes of this definition from the date Integral Systems LLC first makes the Services available for use by the Customer (“Commencement Date”), as extended by any renewal term. “Commencement Date” refers to the date on which Integral Systems LLC first makes the Services available for use by the Customer. Integral Systems LLC requires that any notice of termination be provided to them online by giving the proper information. In the event that the underlying agreement between Integral Systems LLC and the third-party vendor is cancelled, it is possible that some of the linked Services will also be discontinued.
4. 3. As part of the Services, Integral Systems LLC provides servers, the associated operating system and other applicable software, equipment used for Internet connectivity, and required space in a data centre that is owned and operated by Integral Systems LLC (collectively referred to as the “Equipment”). Integral Systems LLC acts only as a provider or “reseller” of the Equipment that it uses to supply the Services, which has been manufactured or otherwise furnished by a third party. This Equipment has been acquired by Integral Systems LLC from a third party. The Service Level Agreements outlined in Section 11 below are the only recourse available to the Customer in the event that the Equipment fails to work as intended or is defective. Integral Systems LLC is going to be in charge of performing the initial configuration of the Equipment in addition to any maintenance and support Services that are outlined in the Service Order. Integral Systems LLC will from time to time undertake maintenance services, which the Customer acknowledges have the potential to cause downtime for the Equipment. In the event that this occurs, Integral Systems LLC will make an effort to provide advance notification of such downtime. Customer is responsible for supplying Integral Systems LLC with all reasonable assistance necessary for Integral Systems LLC to offer the Services, and Customer is also responsible for ensuring that its third-party suppliers fulfil this obligation. Customer is solely responsible for any additional services that are not specifically outlined on the Service Order. This may include, but is not limited to, the management, administration, and support of Customer’s software as well as the software that is included as a component of the Equipment once it has been installed by Integral Systems LLC. In addition, Customer acknowledges and agrees that while Integral Systems LLC may perform certain backups as part of its internal operations with respect to the Services, such backups are not meant to be a complete disaster recovery solution for Customer and, as such, Customer is solely responsible for backup of its software and data residing on the Equipment.
5. 4. Integral Systems LLC shall have no obligation to provide support and no liability for any interruption or deficiency in the Services resulting from (a) tampering or alteration of the Equipment by persons not authorized, or in a manner not explicitly required by Integral Systems LLC or (b) the function or malfunction of hardware or software not supplied by Integral Systems LLC. Customer is responsible for promptly reporting any changes made to equipment or software that were initiated or implemented by individuals who are not explicitly required by Integral Systems LLC, and Customer is also responsible for promptly implementing any corrective procedures that are required by Integral Systems LLC. Integral Systems LLC exercises no control over, and specifically rejects any responsibility for, the content, accuracy or quality of information passing or obtained through or resident on the Equipment. Any information collected through the use of the Equipment may only be used by the Customer at their own risk.
6. 5. Customer and those using the Services through Customer shall at all times comply with the then current version of Integral Systems LLC’s Acceptable Use Policy specified at www.infinitelyvirtual.com (“AUP”) , which is incorporated into and made a part of this Agreement. Integral Systems LLC may amend the AUP from time to time, which amendments shall be effective upon their posting at such website. Integral Systems LLC may take any of the preventative or corrective actions specified in the AUP, up to and including suspension of the Services or termination of the Agreement, which suspension or termination shall not relieve Customer of its obligation to pay the fees for the Services. Customer acknowledges and agrees that Integral Systems LLC will provision the Services hereunder subject to its Privacy Policy, as amended from time to time, a copy of which is available at www.infinitelyvirtual.com. Because Integral Systems LLC acts only as a conduit for transmission of data it is not subject to the Health Insurance Portability and Accountability Act (as per 65 FR 82476), or Gramm-Leach-Bliley Act (as per 16 C.F.R. § 314.2(d)); Customer is solely responsible for complying with such statutes, rules and regulations.
7. 6. Customer shall indemnify, defend and hold harmless Integral Systems LLC and its affiliates from and against any claims, causes of action, losses, damages, costs or expenses (collectively, “Claims”) arising out of or relating to use by or through Customer of the Services in any way, including any breach of the AUP. 7. Integral Systems LLC reserves the right to monitor Customer’s bandwidth and/or disk usage and to utilize technology to limit such usage to ordered amounts and/or to charge Customer for any excessive usage. Integral Systems LLC further reserves the right to suspend access to Customer’s website, script or other application in the event Integral Systems LLC reasonably believes that such website, script or other application is the cause of interruptions in Integral Systems LLC’s ability to provide services to other customers, which suspension or termination shall not relieve Customer of its obligation to pay the fees for the Services. In the event of any such suspension, Integral Systems LLC will notify Customer as soon as practicable so that Customer may take remedial action in order to regain access to its website, script or other application. Customer acknowledges and agrees that in an effort to control spam (i) Integral Systems LLC may utilize certain technologies to block incoming and outgoing email which Integral Systems LLC determines, in its sole discretion, may be spam, (ii) Integral Systems LLC servers will not accept connections from unsecured systems (including, without limitation, open relays, open proxies, open routers or any other system that has been determined to be available for unauthorized use), (iii) Integral Systems LLC may, in its sole discretion, reject connections from systems that use dynamically assigned or residential IP addresses, and (iv) Integral Systems LLC may, in its sole discretion, reject connections from any IP address that does not have reverse DNS (a PTR record).
8. 8. INTEGRAL SYSTEMS LLC DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR EQUIPMENT; AND DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THIS PROVISION IS SUBJECT TO SECTION 11 BELOW. Integral Systems LLC is not responsible for any failure to perform or delay in performance that is caused by circumstances that are beyond its reasonable control. This includes, but is not limited to, acts of God, earthquakes, labour disputes, changes in law, regulation, or government policy, riots, war, fire, epidemics, acts or commissions of vendors or suppliers, equipment failures, transportation difficulties, or any other occurrences of a similar nature. If the failure or delay in performance induced by the aforementioned incident of force majeure continues for a continuous period of ten business days, either party may terminate this Agreement at their discretion.
9. 9. NEITHER PARTY SHALL IN ANY EVENT BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, REVENUE, DATA OR USE OF SERVICES BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEOR In spite of anything to the contrary that may be stated in this Agreement, the Customer’s only recourse in the event of any Claims that are related to the Services is described in Section 11. In no event shall the aggregate, collective liability of Integral Systems LLC and its affiliates for any Claims (including negligence or otherwise), exceed the amount paid by Customer for the Services during the 12-month period prior to the date the Claim occurred or arose. This provision applies to any and all Claims, regardless of the cause.
10. 10. Any Internet Protocol addresses (also known as “IP Addresses”) that are assigned to Customer by Integral Systems LLC in connection with the Services I may only be used in conjunction with the Services; and (ii) will necessitate Integral Systems LLC disclosing specific Customer contact information to the relevant Internet number registry. If for some reason the Customer decides to stop using the Services, or if this Agreement is terminated for any reason, then the Customer’s right to use the IP Addresses will also expire. Integral Systems LLC reserves the right to alter the assigned IP Addresses after providing written notice to the Customer for a period of thirty days.
11. 11. The Service Level Agreements (“SLAs”), if any, for the Services, which are incorporated into this Agreement and include commitments with respect to certain availability of the Services, are set forth at https://integralsystems.us/sla.html and set forth Customer’s sole and exclusive remedies for Claims relating to the Services. If there are any Service Level Agreements (“SLAs”) for the Services, they are incorporated into this Agreement and include commitments with respect to certain availability of the Services.
12. 12. The Customer acknowledges that all rights, title, and interests in any and all technology, including the software, that is part of or provided with the Services and any trademarks or service marks of Integral Systems LLC or third parties utilised in connection with the Services (collectively, “Integral Systems LLC Intellectual Property”) are vested in Integral Systems LLC and/or in Integral Systems LLC’s licensors. This is referred to as the “Integral Systems LLC Intellectual Property” clause. Customer shall have no right, title, claims, or interest in or to the Integral Systems LLC Intellectual Property unless otherwise expressly provided for in this Agreement. Customer is not permitted to copy, modify, or translate the Integral Systems LLC Intellectual Property or related documentation, nor is Customer permitted to decompile, disassemble, or reverse engineer the Integral Systems LLC Intellectual Property in order to use it for any purpose other than in connection with the Services, nor is Customer permitted to grant any other person or entity the right to do so. This restriction applies to both the Customer and any other person or entity that Customer may grant the right to copy, modify, or translate the Integr Without the prior written consent of the Customer, Integral Systems LLC is not permitted to use the Customer’s name, trademarks, trade names, or other proprietary identifying symbols. However, unless otherwise specified on the Service Order, Integral Systems LLC is permitted to use the Customer’s name on a list of sample customers for the purposes of marketing.
13. 13. This Agreement shall be binding upon and inure to the benefit of the Customer, Integral Systems LLC, and Integral Systems LLC’s successors and assignees. This provision shall survive the termination or expiration of this Agreement. This Agreement may not be assigned by the Customer without Integral Systems LLC’s prior written consent; however, such consent will not be unreasonably refused or delayed.
14. 14. The legality of this agreement, as well as its interpretation, enforceability, and performance, shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts or choice of laws. This provision shall take precedence over any conflicting or choice of law provisions.
15. 15. The Customer is not permitted to make any changes to this Agreement without first receiving the express written agreement of both the Customer and an officer of Integral Systems LLC. Customer acknowledges and accepts that I this Agreement may be amended by Integral Systems LLC at any time and (ii) any such amendments will be binding and effective immediately upon Integral Systems LLC’s notification to Customer via I an email to Customer’s current contact information as recorded in Integral Systems LLC’s records or (ii) via Customer’s Control Panel for the Services, if applicable. Customer further acknowledges and accepts that I this Agreement may be amended by Integral Systems LLC from time Customers are considered to have accepted any revisions to the Terms of Service if they continue to use any of the offered Services. In the event that the customer does not accept any of these amendments, the customer’s only recourse will be to request that the affected services be terminated. Customers are required to I send a cancellation request to Integral Systems LLC via the website located at https://integralsystems.us/cancelplan.html in order to make a request for the relevant Services to be terminated. 10 days before the date on which the cancellation will take effect, and (ii) pay all fees that have accrued but not been paid for the Services that have been performed up until the date of cancellation.
16. 16. The Customer is deemed to have received all notices from Integral Systems LLC when those messages are either placed on the Customer’s Control Panel or delivered to the Customer’s current email contact that is on record. The customer alone is accountable for ensuring that all of the customer’s contact information is accurate and up to date.
17. 17. All prior and contemporaneous written and oral representations, understandings, or agreements related to the Services set forth on the related Service Order are superseded by this Agreement (including the Service Order(s) to which it relates), and this Agreement includes the Service Order(s) to which it relates (s). In the event that the terms of this Agreement and any Service Order are inconsistent with one another, the terms of this Agreement shall govern. The rights and duties of the Parties in this Agreement that are intended to survive the expiration or termination of this Agreement because of the nature or content of those rights and obligations shall continue to do so even after this Agreement has expired or been terminated. There are no third parties that are intended to benefit in any way from this Agreement, as that is the goal that both parties have stated unequivocally. Any failure or delay on the part of either party to exercise any right or remedy hereunder shall not be construed as a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law. Neither shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by No court of competent jurisdiction’s ruling that any term or provision of this Agreement is invalid or otherwise unenforceable shall have the effect of invalidating or rendering unenforceable any other term or provision of this Agreement, and all provisions that are still in effect shall be enforced in accordance with the terms that they contain. This Agreement is subject to change at any moment at the discretion of Integral Systems LLC.
18. Clients who live anywhere in the continental United States are served by Integral Systems LLC.

Cookies

We employ the use of cookies. By accessing Integral Systems, you agreed to use cookies in agreement with the Integral System’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Integral System and/or its licensors own the intellectual property rights for all material on Integral Systems. All intellectual property rights are reserved. You may access this from Integral Systems for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from Integral Systems
• Sell, rent or sub-license material from Integral Systems
• Reproduce, duplicate or copy material from Integral Systems
• Redistribute content from Integral Systems

This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Free Terms and Conditions Generator.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Integral System does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Integral System,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Integral System shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Integral System reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Integral System a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Integral System; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Integral System. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Integral System’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.