Terms of Service

These Terms of Service (the “Agreement”) are an agreement between America.net (“us”, “our”, or the “Company”) and you (“User” or “you” or “your”), and sets forth the terms and conditions of your use of Company’s commercial web hosting services (the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

Additional Policies and Agreements
1. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
  1. Privacy Notice
  2. Acceptable Use Policy
  3. Copyright Infringement Policy
Account Eligibility
1. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
2. It is your responsibility to provide and maintain a current email address in the cPanel interface. We will use that address to contact you. Company is not responsible for any lapse in the Services due to outdated contact information.
3. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. You agree to be fully responsible for all use of your account and for any actions that take place through your account.

Content Transfers

Company or our partners will make every effort to help you move your website content to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer, since each hosting company’s service is configured differently. You are solely responsible for backing up your data in all circumstances.

User Content
1. You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services. You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Company that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.Solely for purposes of providing the Services, you hereby grant to Company a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Company does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
2. Company exercises no control over, and accepts no responsibility for User Content or the content of any information passing through Company or Company partner computers, network hubs and points of presence or the Internet. Company does not monitor User Content. However, you acknowledge and agree that Company may, but is not obligated to, immediately take any corrective action at Company’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Company shall have no liability due to any corrective action that Company may take.
Compliance with Applicable Law.
1. You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside.For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
  To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf.
Third Party Websites
1. The Services may contain links to other websites that are not owned or controlled by Company (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
Account Security and Company Systems.
1. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
2. The Services, including all related equipment, networks and network devices are provided only for authorized use. Company may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
3. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Company may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
4. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Company of an issue, we reserve the right to leave access to services disabled.
5. Company reserves the right to migrate your account from one server cluster or data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
HIPAA Disclaimer. We are not “HIPAA compliant.”

You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Company does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Company is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.

Compatibility with the Services
1. You agree to cooperate fully with Company in connection with Company’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Company is not responsible for any delays due to your failure to timely perform your obligations.
2. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Company to provide the Services, which may be changed by Company from time to time in our sole discretion.
3. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Company does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
4. From time to time, Company may post notices about the Service, including notices related to upgrades, maintenance, outages, billing, etc. to you via your cPanel Admin email and/or another email address we have on file for your account. You are responsible for checking your email for such notices and for compliance with such notices.
Billing and Payment Information
1. Prepayment. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
2. Autorenewal. Unless otherwise provided, you agree that until and unless you notify Company of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us. You may disable the automatic renewal option for the Services at any time by contacting Company. In the event that the account expires, all User Content will be permanently removed from the server. Please make a backup of all User Content before you disable autorenewal.
3. Taxes. Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Company’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
4. Failure to Pay. Failure to pay all bills within 30 days of billing will cause disconnection and/or imposition of a LATE PAYMENT CHARGE at a rate of one and one-half percent (1%) per month for any outstanding fees or portions of fees not paid. Company may charge a reasonable service fee for all returned checks and bank card or charge card chargebacks. Your continued use of the Services indicates acceptance of the terms and conditions of this Agreement and authorizes Company to continue charging your account for providing you the Services. Accounts will not be reactivated until all outstanding amounts are paid, and you agree to pay a reconnect charge before reactivation. Company is not responsible for any deleted or lost User Content that results from any suspension or termination of the Services. You will be responsible for all expenses (including reasonable attorney’s fees) incurred by Company in collecting any unpaid amounts due in accordance with this Agreement.
5. Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Company may report any such misuse or fraudulent use, as determined in Company’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
6. Invoice Disputes. You have ninety (90) days to dispute any charge or payment processed by Company. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
7. Payment Card Industry Security Standard Disclaimer. Company complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. Company does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
Technical Support
1. If you have a technical issue related to your hosting account you may call Company’s technical support line at 866-883-6997. Support representatives are available Monday through Friday from 7am to 11pm, and Saturday and Sunday from 8am to 11pm. Depending on call volume and major outages, you may be required to leave a message for a technical support representative to return your call. You also may contact support via email at hosting@24hoursupport.com.
2. Technical support representatives will only assist you with technical issues related to the basic features of your hosting account under the web hosting service. Technical Support will not assist with creating web content or managing web content, or in the use or support of third-party software plugins or applications, even if the software is available as a convenience within the hosting package. If possible, Technical Support will make an effort to direct you to other support resources that may be able to assist you.
Cancellation and Termination
1. Cancellation by you. You may discontinue your service at any time. Your Service will remain available to you for the entire term for which you have paid regardless of your early termination notice. Company will not provide credits or refunds for an early termination of service.
2. Termination by Company. Company may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder to Company; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm Company or others, cause Company or others to incur liability, or disrupt Company ‘s business operations (as determined by Company in its sole discretion); (iv) you are abusive toward Company staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In any event, Company will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
3. Suspended Accounts. Company reserves the right to terminate any account that has been in a suspended or deactivated state for thirty (30) days which will result in the loss of all data stored on the account.
4. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
Resource Usage.
1. Web space. Disk space is intended for use limited to web files, active email and User Website content only. Shared hosting space may not be used for storage, including without limitation, of media, emails, as offsite storage of electronic files, or FTP hosts. Company expressly reserves the right to review every account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement. Company may, in its sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Company’s terms and conditions.
2. Plan Limits. Company may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete User Content for those User accounts that exceed the limit(s) of the User’s current plan. To avoid service interruption, Company may automatically upgrade your account to a higher tier plan at an additional fee if you exceed the limit(s) of your current plan.
3. Excessive Server Resources. Use of Company’s resources must be consistent with a shared hosting environment and must otherwise comply with this Agreement. Accounts with a large number of files can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables or an excessive database size negatively affect the performance of the server. In the event that you exceed reasonable amounts, Company may request that you reduce the number of files/inodes, database tables, or total databases to ensure optimal server performance. Company reserves the right to terminate your account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.
4. Bandwidth Usage. Hosting accounts are subject to the terms of the plan purchased and usage information can be viewed in the control panel.
5. Ecommerce Features. If you choose to use Ecommerce features included in a hosting plan to set up an online store, you are solely responsible for any and all store content and any transactions or other activities conducted on or through the store. Your store activities are your responsibility and Company disclaims any and all liability related to any store content. You represent and warrant to Company that (i) you have all necessary rights to post or distribute such store content, and (ii) your store content does not infringe or violate the rights of any third party.You acknowledge and agree that Company may, but is not obligated to, monitor your store and may take any corrective action in our sole discretion, including without limitation removal of all or a portion of the store content, and suspension or termination of any and all Services without refund of any pre-paid fees.
  You acknowledge and agree that you are solely responsible for your compliance with the following:

All applicable laws and regulations related to the store and any store content including any related consumer, data privacy, and e-commerce laws;
Taxes and fees associated with the store, including taxes related to purchase or sale of products and services in connection with the store;
Customer service for the store, including any inquiries, concerns, warranties you may offer, or claims and complaints relating to the store;
Fulfillment and the delivery of store content to your customers; and visibility for all terms and policies that may apply, including but not limited to privacy policies, cookie policies, return policies, and any offered warranties.

Price Changes

Company reserves the right to change prices or any other charges from time to time at its discretion and upon reasonable notice to you.

Limitation of Liability

COMPANY SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless Company, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Arbitration

This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Georgia without giving effect to its conflict of laws provisions. Any cause of action User may have with respect to the Services must be brought within 1 year after the date that User would reasonably have first become aware of such cause of action or else such cause of action is barred. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration conducted in Fulton County, Georgia, and administered by the American Arbitration Association (“AAA”) according to its prevailing rules, and judgment upon the award rendered by the arbitrator may be entered in any state or federal court having jurisdiction in the State of Georgia; provided however, that any party seeking only equitable remedies may seek such remedies in the state or federal courts having jurisdiction over Fulton County, Georgia. User consents to the personal jurisdiction of the federal and state courts and AAA office having jurisdiction over Fulton County, Georgia with respect to all disputes arising out of this Agreement, User’s use of the Services or otherwise between User and Company, and User waives all rights of removal. The prevailing party shall be entitled to recover all costs of arbitration, including attorney’s fees and expenses, from the non-prevailing party in any arbitration under this Agreement.

Independent Contractor

Company and User are independent contractors and nothing contained in this Agreement places Company and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Governing Law; Jurisdiction

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Georgia. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

31. Disclaimer

You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is entirely at your own risk. You further acknowledge and agree that Company exercises no control over, and accepts no responsibility for, the content of the information passing through Company’s host computers, network hubs and points of presence or the Internet.

32. Backups and Data Loss

Your use of the Services is at your sole risk. User is solely responsible for backing-up all User Content, including any User Websites off of Company’s servers. This is an affirmative duty, even if the User purchases or has third party products. Company is not responsible for the loss of any User Content.

33. Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE COMPANY PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY COMPANY OR COMPANY ‘S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. COMPANY DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. COMPANY DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR COMPANY IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Disclosure to Law Enforcement

Company may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

Entire Agreement.

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

Headings.

The headings herein are for convenience only and are not part of this Agreement.

Changes to the Agreement or the Services
1. Company may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Company website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
2. Company reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

Waiver

No failure or delay by you or Company to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Company may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

Last modified 8/1/2025