Terms of Service

This policy represents the entirety of the GreenGeeks Terms of Service ("TOS") and supersedes any other written or oral policy. It defines the terms of service all GreenGeeks customers agree to when they sign up for any of the GreenGeeks website hosting services. GreenGeeks reserves the exclusive right to change, amend, or revise any portion of this TOS policy at any time, with or without written notice to our customers.

Customers using any services offered by GreenGeeks agree to be bound by and comply with all policies in this TOS. If they do not agree, they must opt out and cancel their web hosting service with GreenGeeks. GreenGeeks retains sole discretion to make judgments regarding any violation by any customer and may take action, including canceling services without refund and/or pursuing legal action, against any customer deemed to be in violation of these terms.

General Provisions

In consideration for GreenGeeks maintaining one or more accounts (each "Account"), you, as the GreenGeeks customer, agree to the following terms of service.

Definitions

"We," "Us," or "Provider" or "GreenGeeks" - GreenGeeks.com
"You," "Your," "Client," "Customer," or "Member" - Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty

The internet and website hosting rely on a complex network of hardware, software, network services, and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly, not all services may be available to you at all times.

GreenGeeks, however, offers a 99.9% uptime guarantee, valid only for GreenGeeks servers and our primary co-location internet connection. GreenGeeks shall pursue partnerships with all tier-1 resources and channels available to maintain maximum uptime; however, GreenGeeks is not responsible for any downtime caused by any provider's hardware or network malfunction which is outside of GreenGeeks' capability to directly correct. GreenGeeks clients are diverse, and their websites and functions are diverse; GreenGeeks cannot be held responsible for any service interruption due to client error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.

GREENGEEKS MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither GreenGeeks nor anyone else involved in the provision of service is liable to you or any third party for direct or indirect damages resulting from the use or non-use of services provided herein, whether or not such damages resulted from the negligence of GreenGeeks, even if GreenGeeks has been advised of the possibility of such damages.

Limitation of Liability

IN NO EVENT SHALL GREENGEEKS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA, AND/OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE GREENGEEKS SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF GREENGEEKS SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF GREENGEEKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GREENGEEKS' MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO GREENGEEKS FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, GREENGEEKS' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold GreenGeeks and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this Agreement, or your placement or transmission of any materials or content onto GreenGeeks servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing, or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to GreenGeeks equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s), or your designees; (c) any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by GreenGeeks' gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

Choice of Law

This Agreement shall be interpreted under the laws of the State of Delaware without regard to any conflict of laws provisions. Any action between the parties to this Agreement for breach of this Agreement or any action or claim related to it shall be venued in the Superior Court of the State of Delaware. The parties to this Agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.