WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SERVER PERFORMANCE, NETWORK PERFORMANCE, UPTIME, SOFTWARE, HARDWARE, FIRMWARE, PRODUCTS, SERVICES, SUBSCRIPTIONS OR OTHER MATERIALS / ACCESS / SERVICES AVAILABLE AND YOU SHOULD NOT RELY UPON THEM AS BEING ABSOLUTELY ERROR-FREE OR COMPLETE.
WE PROVIDE THE SERVICE(S) ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU USE OUR SERVICES AT YOUR OWN RISK, AND ONTAVIA AND ITS MEMBER COMPANIES, OUR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN THE SERVICE'S DISRUPTION OR PERFORMING WITH ERRORS OR INCOMPELETE, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE INCLUDING WITHOUT LIMITATION LOSS OF DATA, USE, OR PROFITS.WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THIS OUR WEBSITES, ITS SERVERS (INCLUDING SERVERS OPERATED BY THIRD PARTIES ON OUR BEHALF), OUR DATA CENTERS, OUR CLIENTS SERVERS OR ANY OTHER SERVER THAT IS DIRECTLY OR PARTIALLY CONTROLLED FOR AND PAID FOR BY US, BY VIRTUE OF WHICH SERVICES ARE PROVIDED TO YOU AS A CLIENT, OR E- MAIL SENT VIA THE SERVICE ARE FREE OF VIRUSES, INTERRUPTIONS, OR OTHER HARMFUL COMPONENTS. NO OTHER WARRANTY WILL BE VALID.
IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED ONE UNITED STATES DOLLAR ONLY TO WHICH YOU (OUR CLIENT) ACCEPT AND WILL NOT CONTEST. IN NO EVENT SHALL OUR TOTAL COMBINED LIABILITY TO ANY USER OF THE SERVICES WE PROVIDE SHALL EXCEED THE AMOUNT OF ONE UNITED STATES DOLLAR BY OUR END USER FOR ACCESS TO THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM AGAINST US IN QUESTION.
As the Internet is an evolving medium and the products and services based on it and around it, so are the very ways in which it is used and misused (abused) - i.e. the use and misuse (abuse) is equally evolving. In this respect, Ontavia and its member companies reserves the right to unilaterally amend these policies (Service Level Agreement, Privacy Policy, Terms of Service and Acceptable Usage Policy) as we see fit to further describe the services restrictions and usages being provided to you, the Client.
As a client it would be your duty to periodically check these policies for compliance. All policies will be carrying a date indicating Last Modified On.
Ontavia and its member companies is under no obligation nor undertakes to monitor or police you, the Client, against any activities based on the product(s) and/or service(s) being provided to you (the Client).
As a Client, you agree to indemnify Ontavia and its member companies for any misuse of our (or our Principals / Upstream Provider / Data Center) Network and the accompany product(s) and/or service(s) being provided (if any) to you as a Client.
Ontavia and its member companies disclaims any obligation to any person who has not entered into an agreement with Ontavia and its member companies for services.
Information contained herewith is copyright by Ontavia and its member companies. Ontavia and its member companies reserves all rights. Under no circumstance may any part of this document be modified, recompiled, reproduced or distributed by any means without the prior written permission of Ontavia and its member companies.
The information provided in this document is to be treated as a best-efforts estimation of the work / scope-of-work required and on the basis of information and/or consultative communication provided to Ontavia and its member companies. In case of inter-operability issue, Ontavia and its member companies does in no way guarantee a flawless, coherent error-free network integration of component(s).
While every precaution has been taken in the preparation of this document, Ontavia and its member companies, assumes no responsibilities for errors or omissions in this document, or for damages resulting from the use of information contained herein. The views and opinions expressed in this document are those of Ontavia and its member companies only, unless otherwise explicitly stated.
Certain clauses assigned in this document may be contravening to other clauses that may be assigned here or in your personalized contract. In such a contravention, please ask Ontavia and its member companies for a written clarification. It is in the sole discretion of Ontavia and its member companies to provide an explanation that it deems best of its (Ontavia and its member companies) business, legal, financial and commercial interests.
The customer acknowledges its indemnification obligations under the Ontavia and its member companies Terms of Service. Violations of this AUP may result in significant civil and criminal liability of customer.
Ontavia and its member companies is under no duty to look at each customer's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. Ontavia and its member companies disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.
All Sub-Networks, resellers and managed servers of Ontavia and its member companies must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.