Managed Website Hosting

Acceptance of Terms

This Agreement is between you ("Customer", "You" or "Your") and Far or Near LLC ("Far or Near", "We" or "Our"), a limited liability company formed and existing under the laws of the State of Wyoming. All website hosting and related services (the "Services") provided to Customer by Far or Near are subject to the following terms ("Terms of Use"). Use of the Services shall constitute acceptance of these Terms of Use.

Changes

Far or Near reserves the right to update these Terms of Use at anytime. Modifications will be effective immediately upon being posted to Our website and shall supersede any such prior Terms of Use. It is important that Customer review the Terms of Use regularly. The most current version of the Terms of Use can be viewed by visiting www.farornear.com/website-hosting-terms. The date changes were last made will be displayed at the bottom of this page.

Payment

Customer agrees to compensate Far or Near each month for all Services provided. Far or Near may update Our pricing at any time and the new pricing shall be effective starting on the next renewal date. Any payment which is not made by the renewal date shall be deemed to be overdue. Any funds paid to Far or Near shall be applied first to the oldest outstanding obligation. Far or Near reserves the right to charge the maximum rate of interest permitted by law on overdue accounts. If collection becomes necessary to satisfy this Agreement, Customer agrees to pay all costs, wages, subpoena service and attorney fees.

Additional Services

This Agreement does not include website design or development or any services not specified in this Agreement or included with Your website hosting plan, as defined at www.farornear.com/web-design.

Copyright Compliance

Customer will not use the services to make available any content for which Customer does not have sufficient rights. The owner of any copyright or their authorized representative may provide us with notification of alleged infringement under the Digital Millennium Copyright Act ("DMCA") by sending written notice to Far or Near LLC, 1329 Bedford Drive, Suite 2, Melbourne, FL 32940, Attention: Copyright Agent. The notification must include:

• A description of the content that has allegedly been infringed upon;
• Information reasonably sufficient to locate the allegedly infringed upon content;
• A statement by the person submitting the notification that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agents or the law;
• Information that will allow us to contact the person submitting the notification, including a physical address, telephone number and email address;
• A statement by the person submitting the notification, made under penalty of perjury, declaring that the information contained in the notification is accurate and that they are authorized to act on behalf of the owner of the exclusive right that is being allegedly infringed;
• A physical or electronic signature of the individual or entity who owns the copyright that is being allegedly infringed.

To ensure compliance with DMCA, Far or Near will take action on receipt of notice of alleged copyright infringement. If Customer's content is removed or disabled because of a notification under the DMCA and Customer does not believe the content to be infringing, Customer may make a counter-notification by sending written correspondence to Far or Near LLC, 1329 Bedford Drive, Suite 2, Melbourne, FL 32940, Attention: Copyright Agent. The counter-notification must include:

• Your name, address and phone number;
• The identification number included in the email received from Far or Near;
• Identification of the content that has been removed or disabled and the specific location at which the content appeared before it was removed or disabled;
• A statement consenting to the jurisdiction of Federal District Court for the judicial district in which Your address is located, or if Your address is outside of the United States, the judicial district in which Far or Near is located, and that You will accept service of process from the person who provided the original complaint or their agent;
• A statement by You, made under the penalty of perjury, that You have a good faith belief that the content was removed or disabled by mistake or misidentification;
• Your physical or electronic signature.

Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If You are not sure that the material was removed or disabled as a result of mistake or misidentification, You should first consider consulting an attorney.

Access by Customer

Far or Near shall provide Customer with access to a web-based interface where they can manage their website. Customer shall only have access to the web-based interface and will not have the ability to install software or, with the exception of certain document and media formats, upload files.

Third-Party Software

Third-party software may not be used unless approved by Far or Near. Approved software may only be installed by Far or Near. We may disable or remove software at anytime, for any reason or no reason and without prior notice or warning.

Customer is responsible for maintaining sufficient licenses to allow for updates and appropriate usage rights for any third-party software used by Customer's website.

Monitoring

The Customer acknowledges and agrees that Far or Near may monitor Customer's use of the Services. Customer agrees to use the Services for lawful purposes only.

Customer Content

Customer acknowledges responsibility for all content provided by Customer to Far or Near for performance of the Services or otherwise included in Customer's website(s). Customer agrees to indemnify and save harmless Far or Near from and against all losses, damages, actions or causes of action, suits, claims, demands, penalties and interest arising in connection with or out of any content provided by the Customer.

Far or Near shall have the right, but not the obligation, to remove content which We deem to be harmful, offensive or in violation of any provision of this Agreement.

Acceptable Use

Customer agrees not to:

• Use the Services for any unlawful purpose;
• Use the Services to host or link to content that is obscene, fraudulent, defamatory, discriminatory, hateful, pornographic or sexually explicit or suggestive;
• Use the Services to host or link to content that contains vulgar or explicit language, depicts graphic violence or nudity, promotes or depicts the exploitation of a minor or relates to minors and is sexually suggestive or violent;
• Use the Services to promote or engage in gambling, prostitution, human trafficking, recreational drug use or any illicit activity;
• Use the Services to host content that belongs to others without their permission or otherwise violates the intellectual property rights of any third-party;
• Use the Services to send bulk unsolicited email or link to Our hosting environment from any bulk unsolicited email;
• Attempt to overburden the Services with multiple simultaneous connections, such as a denial of service attack;
• Take any action with the intent of compromising the security of the Services;
• Use the Services to directly process or store credit card information, social security numbers or information protected under HIPAA.

Warranties

FAR OR NEAR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED FOR THE SERVICES. FAR OR NEAR ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT MAY BE SUFFERED BY CUSTOMER, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES OR SERVICE INTERRUPTIONS BY ANY CAUSE OR ERRORS OR OMISSIONS OF CUSTOMER.

Far or Near specifically denies any responsibility for the accuracy or quality of information obtained through the Services. Use of any information obtained through the Services is at the risk of Customer.

Far or Near does not guarantee the speed or availability of the Services and specifically denies any responsibility for any damages arising as a result of unavailability. Far or Near expressly limits its damages to Customer for any non-accessibility time or other down time to the pro-rata charge during the system unavailability.

Term

This Agreement shall renew indefinitely until terminated by either Far or Near or Customer.

Termination

Either party may terminate this Agreement at anytime. In the event Far or Near chooses to terminate the Agreement without cause prior to the end of a billing period, Customer may request a prorated refund for the number of days left in the billing period.

Far or Near may immediately terminate this Agreement for cause and withdraw the Services if We believe, in Our sole discretion, that Customer is using or allowing others to use the Services in a manner that violates any law or third-party rights, including intellectual property rights, or in a manner that violates these Terms of Use.

Customer shall not be eligible for a prorated refund if Customer voluntarily terminates this Agreement or Far or Near terminates this Agreement for cause.

Relationship

Far or Near is an independent contractor and neither Far or Near nor Far or Near's staff is, or shall be deemed, Customer's employees.

Mediation and Arbitration

You agree that You will first attempt to settle any dispute You have with Far or Near with respect to these Terms of Use with the help of a mutually agreed-upon mediator in Brevard County, Florida. Any costs and fees other than attorney fees associated with the mediation shall be shared equally between You and Far or Near.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, You agree that the dispute will be settled by binding arbitration in Brevard County, Florida under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.

You agree that any claim You might have arising out of or related to these Terms of Use or with Far or Near must be filled within one year after such claim arose or Your claim is permanently barred.

WHERE PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO RESOLVE ANY DISPUTES WITH FAR OR NEAR ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Indemnification

You agree to indemnify and hold harmless Far or Near from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Far or Near directly or indirectly arising from or in connection with any breach by You of these Terms of Use.

Entire Agreement

These Terms of Use constitute the entire agreement between You and Far or Near with respect to Your use of the Services and shall supersede all prior understandings or agreements, written or oral, between You and Far or Near. Exceptions to these Terms of Use will not be valid unless approved in writing by Far or Near.

Severability

In the event that any provision of these Terms of Use is deemed to be unenforceable or invalid by a court of competent jurisdiction, then that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain enforceable and in full force and effect.

Governing Law

The laws of the State of Wyoming will govern these Terms of Use, as well as any claim that might arise between You and Far or Near, without regard to conflict of law provisions. You agree that any judicial proceedings permitted to be brought shall be brought exclusively in the U.S. District Court for the Middle District of Florida or a state court located in Brevard County, Florida and You agree to submit to the personal jurisdiction of such courts for the purposes of litigating all such claims or disputes.

Last Updated: 9/1/2018