GreenGeeks LLC d/b/a Tigersites.com, referred to in this agreement as ("Tigersites").

All users of Tigersites services, and all customers upon signing up for Tigersites services, agree to comply with Tigersites Terms of Service ("TOS"). The spirit of the TOS is to ensure customers are using Tigersites services with due regard to the rights of other Internet users and in conformity with the requirements of Tigersites network environment. The TOS are not exhaustive and Tigersites reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.tigersites.com or notification of the modified TOS. Any complaints about a customer's violation of the TOS should be sent to abuse@tigersites.com. Please see our abuse terms for more details on abuse policy and our new No Limits Quota. When you agree to the terms, you are also agreeing to our Billing terms. Click here for more info on our billing term. Except when expressly agreed to the contrary in writing by an authorized representative of Tigersites, this TOS supersedes any other agreement with Tigersites, whether written, oral, by conduct, or otherwise.

Tigersites Web Hosting Customer Restrictions

Server Resources

Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level, or upgrade its service to a TigerPlus plan. Tigersites will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Tigersites customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Tigersites server, and selling or distributing software (on a Web site residing on a Tigersites server) that facilitates spamming. Violators will face immediate suspension. Tigersites reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Uptime Guarantee

Tigersites.com guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where tigersites.com has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name, connection issues between the client's location and tigersites.com data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that tigersites.com cannot directly influence.

To request a service credit due to an uptime concern, please submit a request for this guarantee via tigersites.com's support ticket system at our help center.

If requesting a "service credit" we ask that the client briefly explains the reasons for doing so. Include any documentation supporting your request.

IRC

Tigersites does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.

Software Distribution & Gaming

Tigersites Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products. Running any online gaming is prohibited due to intense CPU and memory usage.

Ownership of Web Site

The legal owner of customers' Web sites and accounts with Tigersites will be the individual or organization whose name is listed in Tigersites database as the owner. Customers will fully cooperate with and abide by any and all of Tigersites security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Tigersites.

Illegal Use

Tigersites servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Tigersites customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Tigersites customer (per the DMCA) to Tigersites must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Tigersites sole discretion.

DMCA Copyright Infringement Notification Requirements:

• Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
• Identification of the copyrighted work(s) claimed to have been infringed.
• Identification of the material claimed to infringe the copyright(s), and enough information for Tigersites to locate it including URLs and specific descriptions of the infringing material at each URL.
• The Claimant's name, address, and telephone number(s).
• A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
• A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Send the notification via mail to:

GreenGeeks LLC d/b/a Tigersites.com
Legal Department - DMCA Complaints
1158 26th Street, #446
Santa Monica, CA 90403
USA

The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the Canadian Intellectual Property Office at http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00003.html?OpenDocument.

Tigersites is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Tigersites will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.

In the event that Tigersites must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that Tigersites may do so by disabling access to your entire web site.

Child Pornography and Pornography

The use of Tigersites services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Tigersites is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Indemnification

Tigersites customers agree to protect, defend, hold harmless, and indemnify Tigersites, any third party entity related to Tigersites (including, without limitation, third party vendors), and Tigersites executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Tigersites services.

Disclaimer

The Tigersites service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Tigersites expressly disclaims any representation or warranty that the Tigersites service will be error-free, secure or uninterrupted. No oral advice or written information given by Tigersites, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Tigersites and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL TIGERSITES (INCLUDING, WITHOUT LIMITATION, TIGERSITES' EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING TIGERSITES' SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR TIGERSITES SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY TIGERSITES SERVICES EVEN IF TIGERSITES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TIGERSITES' TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR TIGERSITES' SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY TIGERSITES OR TIGERSITES' REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications

Tigersites may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Tigersites services. Certain changes to Tigersites services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Tigersites is not liable, for any and all such personalized applications and content, except as expressly agreed to by Tigersites.

Backup of Data

Except where Tigersites has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Tigersites is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Tigersites services. Tigersites servers are also NOT be used as a backup storage and is only intented for hosting web files.

Governing Law and Severability

The TOS, and any other agreement for Tigersites services, will be governed by and construed in accordance with the laws of the Province of Ontario, Canada without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Tigersites will take place in Ontario, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Tigersites agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Tigersites and its customers. Each of Tigersites and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.

Complete Agreement and Exclusivity

The TOS, and/or any other specific agreement for Tigersites services, constitutes the complete understanding and agreement between Tigersites and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Tigersites, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for Tigersites services is between Tigersites and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Tigersites.

Refusal of Service

We reserve the right to refuse, cancel or suspend service at our sole discretion. All sub-networks, distributive hosting sites of tigersites.com must adhere to the above policies.

Third Party Providers

You agree that certain services may be provided by third party providers of Tigersites and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.