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Monterra Inc. Services Agreement ("Agreement"):

The terms and conditions set forth herein constitute the full and complete Agreement between You, Your heirs, agents, successors and assigns ("You" or "Your") and Monterra Inc. ("Monterra Inc.").  Your agreement to be bound by the terms contained herein is acknowledged by Your use of the Monterra Inc. Web Site, Hosting Services, Support Services and/or any Monterra Inc. software, service, or product made available to You.

Rev 3/2011_reva

Monterra Inc.

Terms of Service:

Monterra Inc. Services Agreement ("Agreement"):


This Agreement as well as any additional Monterra Inc. policies, together with all modifications thereto, constitutes the complete and exclusive agreement between You and Monterra Inc. concerning Your use of Monterra Inc.'s products and/or services. The terms contained in this Agreement supersede and replace any other agreement or negotiation between You and Monterra Inc. whether oral, written or otherwise including any statements made by any representative of Monterra Inc. at any time.


By purchasing and/or using Monterra Inc.'s goods and/or services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, modifications, conditions or policies which Monterra Inc. may establish and/or revise at any time, and any agreements that Monterra Inc. is currently bound by or will be bound by in the future.


TERMS OF USE:

YOU AGREE THAT YOUR USE OF OUR SERVICE(S) OR OUR LICENSORS' SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS.


EXCLUSIVE REMEDY.

YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY A Monterra Inc. SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL Monterra Inc., ITS LICENSORS AND CONTRACTORS (INCLUDING THIRD PARTIES PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE FOR WEBSITES FROM Monterra Inc.) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF Monterra Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN Monterra Inc.'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES.

Monterra Inc. and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to:

(1) loss or liability resulting from access delays or access interruptions;

(2) loss or liability resulting from data non-delivery or data mis-delivery;

(3) loss or liability resulting from acts of God;

(4) loss or liability resulting from the unauthorized use or misuse of your account number, password or security authentication option;

(5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided  under this agreement;

(6) loss or liability relating to the deletion of or failure to store data or e-mail messages;

(7) loss or liability resulting from the development or interruption of your web site or your Monterra Inc. web site;

(8) loss or liability from your inability to use our e-mail service, web site manager service or any component of the subscription service (for websites from Monterra Inc.);

(9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agent's failure to pay any fees, including the initial registration fee or reregistration fee;

(10) loss or liability as a result of the application of our dispute policy;

(11) loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in xml, xkms, or any other standard. or

(12) loss or liability resulting from any Human error and/or irresponsibility.


DISCLAIMER OF WARRANTIES.

YOU AGREE THAT YOUR USE OF OUR SERVICE(S) OR OUR LICENSORS' SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER Monterra Inc. NOR OUR LICENSORS MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE OR OUR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.



INDEMNITY.

You agree to release, indemnity, defend and hold harmless Monterra Inc. and any of our (or their) contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (b) the Monterra Inc. services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of our operating rules or


policies relating to the service(s) provided, (e) any information or data you supplied to Monterra Inc., including, without limitation, any misrepresentation in your application, if applicable, (f) the inclusion of meta-tags or other elements in any website created for you or by you via the Monterra Inc. services, or (g) any information, material, or services available on your licensed Monterra Inc. Web Site . When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. We shall have the right to participate in any defense by you of a third-party claim related to your use of any of the Monterra Inc. services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.


SUSPENSION AND TERMINATION and OR CANCELLATIONS

a. By You. You may terminate and or Cancel  this Agreement  upon a request made via Email (30) days before to (Billing@MonterraUSa.com or Phone and select the approprate Customer Service extension), and can not be made without first verifying Your Client Information (provided to Monterra Inc.) and/or account password(s) (created by You) at time of setup or install.

b. By Us. We may terminate this Agreement or any part of the Monterra Inc. services at any time for any reason.


Suspension - At the sole option of Monterra Inc. for any reason set forth herein or in the event that You breach any term of this agreement including but not limited to The Payment of Fees or any violation of the Monterra Inc. Acceptable Use Policy, Monterra Inc. may suspend Your account by deactivating any access by You and/or by web users to any information contained on the Monterra Inc. servers related to Your account while maintaining the information and data related to Your account upon the Monterra Inc. servers. Suspension shall specifically include the disabling of Your hosted domain, email and/or any access to information or data related to Your account. Monterra Inc. may, at its sole discretion, provide You with notification of such suspension. At Monterra Inc.'s sole discretion, Monterra Inc. may provide You with an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.  Should any account require suspension, Monterra Inc. will retain the right to recover from You losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney's fees or other costs of any kind as may be applicable under Florida State Law.


Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of Your information from the Monterra Inc. servers. Such information or data may or may not be made available to You by Monterra Inc. after any such termination.  Termination of Your account is within the sole discretion of Monterra Inc. and Your account may be immediately terminated in accordance with the principles of this Agreement, at any time with immediate effect.


Monterra Inc. may, at its sole discretion, limit or deny access to its servers, for any reason, including the blocking of certain ports and/or the denial of certain services, if, in the judgment of Monterra Inc., such limitations or denials of access are required to assure the security of the network, the integrity of the network structure, or to prevent damage to the network, the software or the data stored on the Monterra Inc. servers.


Should any account require termination Monterra Inc. will retain the right to recover from You losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney's fees or other costs of any kind as may be applicable under Florida State Law.



This information may be changed at any time and Monterra Inc. is no way responsible for contacting individuals who have requested this document. This document will change and evolve and it is the responsibility of the requesting party to request a new version to see if any items have changed


How To Contact Us

Should you have other questions or concerns about these privacy policies, please email at Info@MonterraUsa.com