Terms of Service.

Last Updated: April 17, 2021


“Entity Hosting”, operating under Entity Solutions LLC is a registered company in the state of California with a registered office at 5325 Elkhorn Blvd #1046 Sacramento, CA 95842-2526.

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and “Entity Hosting”, operating under Entity Solutions LLC. ("Company", “we”, “us”, or “our”), concerning your access to and use of the https://entityhosting.net website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing “Entity Hosting”, operating under Entity Solutions LLC, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING ENTITY HOSTING AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on Entity Hosting from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of “Entity Hosting”, operating under Entity Solutions LLC after the date such revised Terms of Use are posted.

The information provided on Entity Hosting is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access Entity Hosting from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

“Entity Hosting”, operating under Entity Solutions LLC is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use Entity Hosting. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using Entity Hosting.


INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, “Entity Hosting”, operating under Entity Solutions LLC is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on Entity Hosting (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on Entity Hosting “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of Entity Hosting and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use Entity Hosting, you are granted a limited license to access and use Entity Hosting for your personal or commercial use. We reserve all rights not expressly granted to you in and to Entity Hosting, the Content and the Marks.


USER REPRESENTATIONS

By using Entity Hosting, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use Entity Hosting; (6) you will not access Entity Hosting through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use Entity Hosting for any illegal or unauthorized purpose; and (8) your use of Entity Hosting will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of Entity Hosting (or any portion thereof).


USER REGISTRATION

You may be required to register with Entity Hosting. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.


SERVICE FEES AND PAYMENT

We accept the following forms of payment:

- PayPal


You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via “Entity Hosting”, operating under Entity Solutions LLC. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via Entity Hosting. If applicable, a sales tax will be automatically included in the pricing of your services with Entity Hosting. We reserve the right to change prices at any time. All payments shall be in $, USD, or United States Dollar.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. Recurring payments through PayPal must be cancelled at your discretion.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through “Entity Hosting”, operating under Entity Solutions LLC.

All services provided by Entity Hosting must adhere to the Terms of Service and the Acceptable Use Policy as set forth in this policy. We reserve the right to refuse any services or terminate any services with existing customers at our sole discretion.

A service period is 30 days, starting from the date of service activation.



Late Fees

Invoices are considered past due 1 day after the billing due date. Accounts that are past due are subject to a 15% late fee, which will be applied onto the invoice. The late fee must be paid in order to reactivate a service.

On the 30th day after service activation, Entity Hosting will,

• Charge the preferred payment method on file, with the information provided by the client; or

• Provide an invoice in accordance with the applicable services and its fees for the next billing cycle. Should the client fail to make timely payments, Entity Hosting has the right to cancel/terminate services.

All services with Entity Hosting are rendered under a one month contract, unless otherwise specified.


PAYMENT/SERVICE CANCELLATIONS

You can cancel any subscription pertaining to Entity Hosting’s servers or services at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. We are not responsible for your PayPal subscription to Entity Hosting. Please remember to cancel your billing agreement with Entity Hosting through PayPal if you are charged with no active services. We are not actively monitoring this and are not responsible for providing a refund if such were to occur.

If you are unsatisfied with our services, please email us at [email protected]


PAYMENT/SERVICE REFUNDS

Any new accounts with paid services or subscriptions pertaining to VPS Hosting with Entity Hosting are granted with a 48-hour no-questions-asked refund period, where you are allowed to utilize Entity Hosting services for up to 48 hours past the posted payment date and time and request for a cancellation and refund throughout this duration, no questions asked.

Any cancellations past the 48-hour refund period will not be considered for a refund under no circumstances, and those active services will be cancelled at the end of the billing cycle (30 days from order date).

Some services are excluded from our refund policy, such as Dedicated Servers, service addons (additional IP addresses). Services that are not eligible for a refund can be cancelled at the end of the billing cycle (30 days from order date).

Service cancellations and refunds on excluded services may be considered upon an exception made at the sole discretion of Entity Hosting.

Due to the new PayPal fees policy, a full refund constitutes no less than the original payment amount subtracted by PayPal fees.


PAYMENT/SERVICE DISPUTES

All payments are processed through PayPal for any services or subscriptions pertaining to “Entity Hosting”, operating under Entity Solutions LLC. Payment provider PayPal initiates payments on Entity Hosting through goods or service, allowing the option for you to file a payment dispute from PayPal at any given time.

Be aware that any disputes processed through PayPal towards “Entity Hosting”, operating under Entity Solutions LLC. will be handled accordingly, in addition to a user removal/ban from Entity Hosting’s services, even if the user is still guaranteed under the “48-hour” refund window. If you are still under the 48-hour refund period, please contact support for a refund first to eliminate escalation.


YOUR ENTITY HOSTING ACCOUNT

Each user is authorized to create (1) Entity Hosting account per their use. We reserve the right to terminate or remove accounts from Entity Hosting if they are seen to be in violation of our policies.


ACCEPTABLE USE POLICY

You agree that the use of services under this agreement shall not exceed the bandwidth and storage limits set out by Entity Hosting. If there are any overages, you agree to pay the additional fees that may incur due to the additional use.

You agree that all services provided by Entity Hosting operating as Entity Solutions LLC shall be used for lawful purposes only. The transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or Local laws is prohibited. This includes but is not limited to, copyright material, material that can be seen as threatening or obscene, material that jeopardizes national security, material protected by trade secret, or any other applicable laws. The user agrees to indemnify and hold harmless Entity Hosting operating aside Entity Solutions from any claims resulting in the customers usage of our services.

The following are examples which are prohibited on Entity Hosting's servers,

• Pirated Software

• Hacking Sites, programs, or archives

• Warez, Warez Linking, Nulled Script Sites

• Distribution of copyrighted material

• Spam and/or unsolicited emails

• Mining, including but not limited to currency mining

• Sending DoS/DDoS Attacks

• IP/Port Scanning

• Botnets


Customers renting dedicated servers with the ability to access IPMI/KVM must not attempt to utilize unauthorized services, perform unauthorized firmware updates, or suggesting BIOS modifications to the systems. Limitations include but are not limited to,

• Updating BIOS firmwares or IPMI firmwares

• Adjusting BIOS/IPMI settings in attempt to gain unauthorized access or to alter pre-determined settings

• Modifying system power delivery or CPU intensive settings related to overclocking.

Unauthorized attempts to perform any modifications or firmware upgrades are subject to a $100 USD fine as set forth by this terms of service.

Damages that incur due to inproper server modifications or firmware updates are subject up to a maximum $3,000 USD fine.

Clients in violation of Entity Hosting's Acceptable Use Policy will be immediately terminated and removed from utilizing Entity Hostings services.


Server Traffic/Bandwidth Usage

All services provided by Entity Hosting includes a data traffic limit. Services may be suspended in the event that bandwidth traffic has been exceeded. In the event that a service is not suspended, an overage cost will be applied per TB. Additional bandwidth may be purchased upon request.

Unmetered Traffic Plans utilize a shared port amongst other customers, and are intended for common hosting usage. To prevent abuse and provide an acceptable use, shared unmetered ports as offered by Entity Hosting are limited to about 30% of the port capacity. Extreme/sustained usage may result in a port rate limit or suspension upon Entity Hosting's sole discretion.


DDoS Mitigation

Entity Hosting provides DDoS mitigation across all services as a standard, free service. The given DDoS protection capacity of each datacenter network is 20Gbps.

Most attacks that reach Entity Hosting's network are mitigated and dropped from the network. The system is not 100% accurate and may not always filter attacks.

In the event that DDoS attacks surpass the given capacity of 20Gbps,

• Any IPs with DDoS attack/dirty traffic will be automatically null-routed, regardless of attack size.

IPs will be unblocked within a 24-48 hour timeframe.

To protect our customers and our services, clients who frequently receive large DDoS attacks are subject to a termination or fee by Entity Hosting. Additional DDoS protection may be purchased by contacting Entity Hosting's sales team.


VPS Usage

VPS servers utilize resources that are shared amongst customers. In order to apply an acceptable use, sustained or extreme CPU or IO usage may result in a suspension.


IP Abuse

Entity Hosting has a zero tolerance policy for IP abuse. Any IP abuse complaint received at [email protected] relating to your services/IPs will incur a $35.00 USD/ip/incident fee.

Customers with service abuse are subject to a termination without refund at Entity Hosting's sole discretion.


Account Activation

Entity Hosting has sole discretion on activation of certain accounts that may be fraudulent or likely to abuse.

All accounts registered with Entity Hosting must include,

• First & Last Name

• Customer Address

• Email Address

• Customer Address

• Customer City

• Customer State/Region

• Customer Postcode

• Customer Country

• Customer Phone Number


Accounts that lack the proper information are subject to termination at the sole discretion of Entity Hosting.

All information provided at registration must be truthful and not falsified.

Accounts deemed at risk, potentitally fraudulent, or created from a high risk country may be subject to ID verification.

Please note that all orders are processed through a fraud system. Orders placed through VPNs are automatically cancelled and marked fraudulent.


Maintenance

Maintenance processed and scheduled that may result in service interruptions do not qualify for SLA credits. Please note that scheduled maintenance is not considered downtime.


PROHIBITED ACTIVITIES

You may not access or use Entity Hosting for any purpose other than that for which we make Entity Hosting available. Entity Hosting may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of “Entity Hosting”, operating under Entity Solutions LLC, you agree not to:

1. Systematically retrieve data or other content from Entity Hosting to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2. Make any unauthorized use of Entity Hosting, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

3. Use a buying agent or purchasing agent to make purchases on Entity Hosting.

4. Use Entity Hosting to advertise or offer to sell goods and services.

5. Circumvent, disable, or otherwise interfere with security-related features of Entity Hosting, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of Entity Hosting and/or the Content contained therein.

6. Engage in unauthorized framing of or linking to Entity Hosting.

7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

8. Make improper use of our support services or submit false reports of abuse or misconduct.

9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

10. Interfere with, disrupt, or create an undue burden on Entity Hosting or the networks or services connected to Entity Hosting.

11. Attempt to impersonate another user or person or use the username of another user.

12. Use any information obtained from Entity Hosting in order to harass, abuse, or harm another person.

13. Use Entity Hosting as part of any effort to compete with us or otherwise use Entity Hosting and/or the Content for any revenue-generating endeavor or commercial enterprise.

14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Entity Hosting.

15. Attempt to bypass any measures of Entity Hosting designed to prevent or restrict access to Entity Hosting, or any portion of Entity Hosting.

16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Entity Hosting to you.

17. Delete the copyright or other proprietary rights notice from any Content.

18. Copy or adapt Entity Hosting’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

19. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of Entity Hosting or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of Entity Hosting.

20. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Entity Hosting, or using or launching any unauthorized script or other software.

22. Disparage, tarnish, or otherwise harm, in our opinion, us and/or Entity Hosting.

23. Use Entity Hosting in a manner inconsistent with any applicable laws or regulations.


USER GENERATED CONTRIBUTIONS

Entity Hosting does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on Entity Hosting, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of Entity Hosting and through third-party websites. As such, any Contributions you transmit may be treated in accordance with Entity Hosting’s Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, Entity Hosting, and other users of Entity Hosting to use your Contributions in any manner contemplated by Entity Hosting and these Terms of Use.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by Entity Hosting and these Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of Entity Hosting in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use “Entity Hosting”, operating under Entity Solutions LLC.


CONTRIBUTION LICENSE

You and “Entity Hosting”, operating under Entity Solutions LLC agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding Entity Hosting, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on Entity Hosting. You are solely responsible for your Contributions to Entity Hosting and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.


SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding Entity Hosting ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.


U.S. GOVERNMENT RIGHTS

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Use.


SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor “Entity Hosting”, operating under Entity Solutions LLC for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from “Entity Hosting”, operating under Entity Solutions LLC or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage “Entity Hosting”, operating under Entity Solutions LLC in a manner designed to protect our rights and property and to facilitate the proper functioning of “Entity Hosting”, operating under Entity Solutions LLC.


PRIVACY POLICY

Learn more about our Privacy Policy at https://entityhosting.net/privacy-policy

We care about your data privacy and security. By using Entity Hosting, you agree to be bound by our Privacy Policy posted on Entity Hosting, which is incorporated into these Terms of Use. Please be advised Entity Hosting is hosted in the United States. If you access Entity Hosting from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of Entity Hosting, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from Entity Hosting as quickly as is reasonably practical.


TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use “Entity Hosting”, operating under Entity Solutions LLC. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF ENTITY HOSTING (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN ENTITY HOSTING OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.


MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of Entity Hosting at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of Entity Hosting without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of Entity Hosting. To ensure you always have the most up to date information, please contact our support team through our website.

We cannot guarantee Entity Hosting will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to Entity Hosting, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify Entity Hosting at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use Entity Hosting during any downtime or discontinuance of Entity Hosting. Nothing in these Terms of Use will be construed to obligate us to maintain and support Entity Hosting or to supply any corrections, updates, or releases in connection therewith.


GOVERNING LAW

These Terms shall be governed by and defined following the laws of the United States. “Entity Hosting”, operating under Entity Solutions LLC and yourself irrevocably consent that the courts of the state of California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.


DISPUTE RESOLUTION

Binding Arbitration

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CLAIMS, ACTIONS, CONTROVERSIES OR DISPUTES ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE SETTLED BY BINDING ARBITRATION IN THE STATE OF CALIFORNIA. THE ARBITRATION SHALL BE CONDUCTED ON A CONFIDENTIAL BASIS PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION ARISING OUT OF YOUR CLAIMS, ACTIONS, CONTROVERSIES SHALL COMMENCE WITHIN ONE (1) CALENDAR YEAR OF THE OCCURRENCE OF THE ALLEGED CLAIM, ACTION, CONTROVERSY, OR DISPUTE. OTHERWISE YOUR CLAIMS, ACTIONS, CONTROVERSIES SHALL BE PERMANENTLY WAIVED.


Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.


Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.


Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.


CORRECTIONS

There may be information on Entity Hosting that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on Entity Hosting at any time, without prior notice.


DISCLAIMER

ENTITY HOSTING IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF ENTITY HOSTING AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH ENTITY HOSTING AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ENTITY HOSTING’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO ENTITY HOSTING AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF ENTITY HOSTING, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ENTITY HOSTING, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH ENTITY HOSTING BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ENTITY HOSTING. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ENTITY HOSTING, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF ENTITY HOSTING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of Entity Hosting; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of Entity Hosting with whom you connected via Entity Hosting. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


DATA LOSS

Entity Hosting’s services are hosted either on our own servers or rented through a third party. Hardware is prone to failure and the possibility of data-loss occurring is inevitable. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using Entity Hosting. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.


ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting Entity Hosting, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on Entity Hosting, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA Entity Hosting. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.


CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.


MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on Entity Hosting or in respect to Entity Hosting constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of Entity Hosting. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.


CONTACT US

In order to resolve a complaint regarding Entity Hosting or to receive further information regarding use of Entity Hosting, please contact us at:

Entity Solutions LLC.
5325 Elkhorn Blvd #1046
Sacramento, CA 95842-2526
[email protected]