Terms of Service
1. Payments and Fees
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that The Company/Credit Card/Paypal automatically charges subscriberís credit card, check or Paypal account every month.
You are obligated to pay for your account even if you do not use it. Because we have provided you with usernames, passwords, DNS entries, an IP address, and other server/network resources, you have the ability to use your account. The fact that you do not do so is not relevant - you are still obligated to pay for the account. Even an unused account uses valuable system resources that could be used for other customers.
Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.
Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.
One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
Failure to Pay:Provider Spider may temporarily deny service or terminate this Agreement upon the failure of the customer to pay charges when due. Such termination or denial will not relieve subscriber of responsibility for the payment of all accrued charges. Service will be interrupted on accounts that reach 5 days past due.
We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may affect your credit rating.
2. Invoices and Due Dates (IMPORTANT!)
Provider Spider generates and sends all invoices 7 days in advance of the due date. You have 7 days pay payments and fees. You are responsible to pay any payments and fees by due date.
7 days before the due date - We generate and send all invoices. This invoice can be checked in the Client Area by logging in.
2 days before the due date - We send unpaid invoice reminder emails. This reminder can be checked in the Client Area.
1 day after the due date - We send an overdue invoice reminder email. This reminder can be checked in the Client Area.
2 days after the due date - We send an overdue invoice reminder email. This reminder can be checked in the Client Area.
3 days after the due date - We send an overdue invoice reminder email. This reminder can be checked in the Client Area.
5 days after the due date - Suspension of your hosting account .
After 30 days of non-payment from Invoice Due Date - Your account/service is subject to termination and your all data may be deleted from our servers and billing system.
Provider Spider will not be responsible for any damages your business may suffer because of your failure to make payment. Provider Spider makes no warranties of any kind, expressed or implied, for the services we provide.
3. Price Changes
The amount you pay for hosting will never increase from the date of purchase. However, we reserve the right to change prices listed on Provider Spider.com, and the right to increase or decrease the amount of resources given to plans at any time.
All Shared, Premium, Reseller and VPS Hosting services require a 72 hour notice before the due date of the next invoice in order to cancel service.
All Dedicated Hosting services require a 14 day notice before the due date of the next invoice in order to cancel service.
All Cancellations must be made using our Service Cancellation Request Form. Any missing information may delay the cancellation of your account. Provider Spider will not be responsible for additional charges made if data is missing. All requests are manually reviewed and processed by our staff. If any of the above verification information does not match your account records, we will contact you via email to confirm the correct details. Your account is not cancelled until you receive an email from a member of our staff (not an automated reply) confirming that your account cancellation was completed.
If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. We apply a $50.00 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a third party (either a collections agency or an attorney) for further action.
Abuse WARNING: We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may effect your credit rating.
5. Notification of Violation
Provider Spider is under no duty to look at each customer's or user's activities to determine if a violation of the TOS/AUP has occurred, nor do we assume any responsibility through our TOS/AUP to monitor or police Internet-related activities.
Provider Spider reserves the right to cancel your account at any time with or without notice.
Your Service may be suspended / terminated by Provider Spider under the following circumstances (non-exclusive list):
* Failure to Pay Payments and Fees
* Violation of the Terms of Service
* Any issue that may affect negatively our customers or system resources
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
7. Spam and Unsolicited Commercial Email (UCE)
Provider Spider has a zero tolerance policy on Spam, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Provider Spider whether or not the message actually originated from our network.
Provider Spider's mass mailing rules also apply to mailing lists, list serves, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail addresses available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
If your actions have caused Provider Spider mail servers or Provider Spider IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $100 charge to your account and $30 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
Violation of the above terms will result in one or all of the following:
* A warning via email or phone.
* Removal of DNS for the advertised / originating site
* Immediate disconnection of service with no re-activation
* $100 fee assessed to your account for violation
8. Responsibility for Account Content & Use
All services provided by Provider Spider may only be used for lawful purposes. The laws of the State of Florida and the United States of America apply. The customer agrees to indemnify and hold harmless Provider Spider from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@ProviderSpider.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Provider Spider does not allow any of the following content to be hosted:
a. Illegal Material This includes copyrighted works, commercial audio, video, or music files, virus/software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems and any material in violation of any Federal, State or Local regulation.
b. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right Material - Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
c. IRC Bots/IRC related Material
d. Pirated Software/Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
e. Proxy Scripts/Proxy related/Anonymizers Material
f. Image hosting only sites that do not host an actual domain name.
g. High-Yield Interest Programs (HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, and muds / rpg's Material.
h. Adult or Pornography Websites, images of a sexual nature or other such material.
i. Other Material - Any material we feel to be abusive, harmful or could harm service operation and/or harm other internet users. The designation of "abusive" is left entirely to the discretion of Provider Spider. All rights are reserved.
We reserve the right to refuse service to anyone. Any material that in our judgment is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to an email from our abuse department within 48 hours may result in the suspension or termination of your services.
If you are in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita).
Abuse Any site found hosting or linking to child pornography will be suspended immediately without notice and reported to the FBI.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
9. Money Back Guarantee
Provider Spider provides an "Anytime Money Back Guarantee". If you are not satisfied with our service and wish to cancel the service within the first 30 days, we will issue you a full refund of your original purchase price. If you pay for more than 1 month and decide to cancel, per request we will issue a pro-rated refund for any unused months of service. This "Money Back Guarantee" only applies to Provider Spider's Shared, Business, VPS, and Reseller Hosting Solutions. Payments for "Dedicated Servers", "One-Time Services", "Extra Options", "Addons", "Domain Names", " Software Licenses", "SSL Certificates", and any setup fees cannot be refunded under any circumstances. If the Free SSL Certificate is added on to a plan, any refund request will automatically deduct the cost of the SSL Certificate. Your "Money Back Guarantee" refund can only be issued to your original payment source. Violations of the Terms of Service will waive the "Money Back Guarantee".
Any refunds related to our VPS Hosting service will minus the cost of any licensing costs. This service requires us to issue cPanel licenses which are non-refundable. Any refund requests will automatically deduct the cost of a cPanel license ($15.00). Additionally, any addons ordered at or after the time of the initial order will also be deducted, these include but are not limited to the cost associated with Softaculous and LiteSpeed Licenses.
We offer Free Domains on specific hosting products if the client pays for a specific billing term. If a customer cancels at anytime Provider Spider will require full payment for the cost of the domain of the first year to retain ownership of the domain. Any refund requests will automatically minus the cost of the free domain. Most domains are currently valued at $12.99 per year.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Any additional products added or upgraded on an existing account will not be eligible for a refund, only the first product ordered is eligible for a refund within our Anytime Money Back Guarantee.
10. Refunds and Disputes
Provider Spider provides pro-rata refunds for 3 months, 6 months 12 months, 24 months and 36 months payment terms. For example, if you paid 6 months pre-paid and want to cancel 4 months down the track, we will prorate your refund for the 2 unused months. Any refunds from Provider Spider will be issued through Credit Card or PayPal. We do not issue refunds via check or cash. Violations of the Terms of Service will waive the refund policy. Payments for "Dedicated Servers", "One-Time Services", "Extra Options", "Addons", "Domain Names", " Software Licenses", "SSL Certificates", and any setup fees cannot be refunded under any circumstances.
All overcharges or billing disputes must be reported within 30 days from the time the dispute occurred. If you dispute a charge to your credit card issuer, Paypal, or bank that, in Provider Spiderís sole discretion is a valid charge under the provisions of the our Terms of Service, you agree to pay Provider Spider an additional charge of $50 and will be subject to collection by an authorized collection agency.
Any credit from Provider Spider can only be used towards your hosting service fee with Provider Spider. Any credit from Provider Spider cannot be refunded to your credit card, Paypal, or bank account.
12. Account/Server Setup
We will set up your account/server after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.
13. Reseller/Reselling Responsibility
Reselling is allowed on our Reseller Hosting Packages. Subletting/Reselling of space is strictly prohibited on Shared and Business Hosting Packages. Shared and Business Hosting Accounts that sublet/resell their web space/domains/sub-domains will be subject to immediate suspension or termination.
Resellers are responsible for providing all support to their clients directly while Provider Spider will provide support directly to you. If a resellerís client contacts us, Provider Spider reserves the right to place the client account on hold until the reseller can assume their responsibility for their clients. All support requests must be made by the reseller on their clientís behalf for security purpose. Resellers are also responsible for the conduct of their clients and by agreeing with this TOS/AUP, agree that their clients will adhere to the AUP/TOS. Resellers should make their perspective clients aware of the TOS/AUP and the consequences for violation. Provider Spider will hold the reseller responsible for any of their clients actions that violate the law or our Terms of Service.
14. Dedicated Servers
Provider Spider reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Provider Spider reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter.
Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups on that secondary drive or utilize our Remote Backup Services. Please contact sales@ProviderSpider.com if you wish to obtain a secondary hard drive.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours.
A Dedicated Server account may not:
1. Run any software that interfaces with an IRC (Internet Relay Chat) network.
2. Run any BitTorrent application, tracker, or client.
3. Participate in any file-sharing/peer-to-peer activities.
4. Use an Open/Public proxy, or utilize a proxy to access illegal/malicious content.
15. Virtual Private Servers
An Individual VPS Hosting account may not:
1. Exceed a 15 minute load average greater than two (2) times the amount of CPU cores given.
2. Run any software that interfaces with an IRC (Internet Relay Chat) network.
3. Run any BitTorrent application, tracker, or client.
4. Participate in any file-sharing/peer-to-peer activities.
5. Use an Open/Public proxy, or utilize a proxy to access illegal/malicious content.
6. Use I/O intensive applications which adversely affect normal server operations.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours.
Provider Spider performs weekly backups to a secondary drive to all clients using our VPS Hosting service who signed up on or after July 1st, 2010. The backups performed on all our servers are in no way guaranteed. Backup restoration is for emergency circumstances only. You are advised to backup all of your own files to your local drive. Provider Spider is NOT responsible for lost data, time, income or any other resource due to faulty or non-existent backups. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Provider Spider servers. To keep external backups of your data, we recommend using our Remote Backup Service.
Clam Anti-Virus (ClamAV) which is used for scanning incoming email for viruses) is not enabled by default on servers. This is because ClamAV uses 80-120MB+ of memory which is a significant portion of memory on some of our VPS plans. If you need this functionality enabled, please open a support ticket and we will be happy to enable it for you.
VPS Hosting accounts come with a default inode limit of 1,000,000 to better protect the file system. The limit can be increased if there is a legitimate reason to have it increased. To make a request, please email our billing department.
16. Software and Services
Some commercial software is included with Provider Spider hosting services. The user may use the software license exclusively only while utilizing Provider Spider hosting services.
Provider Spider offers a free script installation service. This service must be requested by filling out our Script Installation Form. We have the right to deny script installations and/or charge administrative fees if extra attention is required to install the script as deemed necessary by our staff. Our service is not applicable to websites and/or clients that are not directly billed through us. For example, if you have a reseller account, our service is not applicable to clients of that reseller.
17. SSH/Shell Access
By default, Provider Spider does not provide SSH/shell access to our shared/reseller hosting customers. SSH/shell access may be requested by filling out our SSH Access Request Form. This request must be accompanied by government/organization issued photo identification (ID), bank statement or a utility bill, verified billing address, as well as a legitimate reason for needing shell access.
Provider Spider is not required under any circumstance to provide SSH/shell access to its clients and reserves the right to suspend or terminate shell access at any time, especially in the case of violation of the Terms of Service. In the case that a client is found using SSH/shell access in any way that violates the Terms of Service, the clientís account will be terminated immediately without refund. Provider Spider only allows SSH/shell access on the reseller hosting clientís main WHM domain and the web hosting clientís main domain.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or the security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools and network probing tools.
You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. Provider Spider will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
19. Disk Usage and Inode Limits
You are also allocated disk space allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount of disk space we will notify you by email to the address entered during the ordering process. You must respond and resolve the exceeded disk space within 48 hours, either by removing files until your disk space allocation is no longer exceeded or by purchasing additional disk space. Failure to do so will cause your account to be suspended.
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
20. System and Network Resource Usage
An Individual Shared, Business or Reseller Hosting accounts may not:
1. Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run any BitTorrent application, tracker, or client.
6. Run any type of web spider or indexer (including Google Cash / AdSpy)
7. Participate in any file-sharing/peer-to-peer activities
8. Run any gaming servers such as Counter-Strike, Half-Life, Battlefield 1492, etc.
9. Run cron entries with intervals of less than 15 minutes.
10. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
Provider Spider hosting accounts operate on shared resources. Excessive use or abuse of these shared system and network resources by one customer may have a negative impact on all other customers. Provider Spider reserves the right to suspend or terminate any hosting account deemed to adversely affect server performance or network integrity.
21. Service Level Agreement
Provider Spider endeavors to have network connectivity available for HTTP access by third parties 99.9% of each month ("Web Site Availability"). In the event that there is no Web Site Availability, Provider Spider will credit the monthly service charge for the Service at the rate of 5% for every 30 minutes past 99.9% availability in a given month. To request a credit, please contact sales@Provider Spider.com with justification. All requests must be made in writing via email. Credits shall not be provided in the event that there is no Web Site Availability resulting from (i) scheduled maintenance, (ii) Customer behavior or the performance or failure of Customer applications, or (iii) circumstances beyond Provider Spider's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation).
Provider Spider is not responsible for any additional loss and/or damage as a result of no Web Site Availability. While Provider Spider attempts to keep regular backups of data stored on our systems, Provider Spider does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the client is responsible for making backups of data. Provider Spider does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients' information.
Downtime is defined as any Provider Spider scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.
23. Backup and Data Loss
Provider Spider performs backups on our Shared, Business & Reseller Hosting servers to ensure critical files are not lost. Our server creates backups for user websites that you may download on your own; however, we are not obligated to restore a file any user has accidentally deleted or modified. The backups performed on all our servers are in no way guaranteed. Backup restoration is for emergency circumstances only. You are advised to backup all of your own files to your local drive. Provider Spider is NOT responsible for lost data, time, income or any other resource due to faulty or non-existent backups. We recommend that you make your own backups of your site at regular intervals from the backup download option provided in the Control Panel.
As a courtesy, we retain backups for our Shared, Business & Reseller Hosting services for an extended period. When a client cancels, we keep a backup of the account(s) for a total of 60 days after the cancellation date. Our software automatically removes backups for canceled accounts after this 60 day period. Once more, we do not guarantee the availability or viability of these backups.
We perform weekly backups for all VPS Hosting clients who signed up on or after July 1st, 2010. Customers on our Dedicated Hosting services are responsible for arranging their own backups. Provider Spider does not perform backups of Dedicated Servers.
24. Migration Service
When ordering one of Provider Spider's hosting services, we provide to you our free migration service for the first 10 accounts. After the first 10 accounts we charge $1 per account that is transferred over. Additionally, if the account exceeds 10GB in size, we will require the payment of a $25 administrative fee before the transfer starts. This migration must be done from a cPanel, Ensim or Plesk account to a cPanel account. This cannot be done for an individual site (addon domain) under a cPanel account to a new cPanel account.
Due to the different versions of Control Panels and any other circumstances, migrated accounts or sites may not work properly. It is your responsibility to resolve an issue or submit a support ticket to our staff to look at it. However, we have no guarantee on our migration service and we are not responsible for ensuring that migrated accounts or sites work properly.
Provider Spider will not be responsible for any damages your business may suffer because of the failure of the migration service. Provider Spider makes no warranties of any kind, expressed or implied, for services we provide.
With the exception of the Internal Account Transfers, the free transfer services are available for 30 days from your sign-up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the billing department with specific details to receive a price quote.
25. Refusal of Service
Provider Spider reserves the right to refuse, cancel, or suspend service at our sole discretion. Provider Spider will not be responsible for any damages your business may suffer because of this circumstance, and Provider Spider makes no warranties of any kind, expressed or implied, for services we provide.
26. Forge Majeure
Provider Spider shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Provider Spider ís control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
27. No Warranties
Provider Spider makes no warranties or representations of any kind for the services being offered. The services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Provider Spider or its agents or employees shall create a warranty. Provider Spider provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Provider Spider be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
By using any Provider Spider services, you agree to submit to binding arbitration. If any disputes or claims arise against Provider Spider or its subsidiaries, such disputes will be handled by an arbitrator of Provider Spider's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Washington. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
Customer agrees that it shall defend, indemnify, save and hold Provider Spider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Provider Spider, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Provider Spider against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Provider Spiderís server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to a customer from Provider Spider's server.
Provider Spider will not be responsible for any damages your business may suffer. Provider Spider makes no warranties of any kind, expressed or implied, for services we provide. Provider Spider disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Provider Spider and its employees.
31. Revisions to Terms of Service
Provider Spider reserves the right to change the Terms of Service at any time, without any form of notice to our clients, non-clients, or the general public. It is the customer's responsibility to check these Terms of Service from time to time for such changes. At all times customers are bound to the terms set forth. In no event shall Provider Spider or its staff's lack of enforcement of these terms constitute a waiver of these terms at any time.