Holistic Solutions, Inc. protects our customers with our combined "Terms and Conditions" and "Acceptable Use" policies.

We have a strict anti-spam and anti-hacking policies.

Holistic Solutions, Inc. Universal Terms of Service and Acceptable Use Policy for Holistic Solutions Software and Services 1.TERM OF AGREEMENT; MODIFICATIONS. You agree that Holistic Solutions may modify this Agreement and the Services from time to time. You agree to be bound by any changes Holistic Solutions may reasonably make to this Agreement when such changes are made. If You have purchased Services or Software from Holistic Solutions, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services. In the event You terminate Your usage, Holistic Solutions will not refund any amounts You have paid. You agree that Holistic Solutions shall not be bound by any representations made by third parties who You may use to purchase Services from Holistic Solutions, and that any statement of a general nature, which may be posted on Holistic Solutions’ Web site or contained in Holistic Solutions’ promotional materials, will not bind Holistic Solutions. Holistic Solutions may, at times, offer certain promotions with different charges and features. 2.DOMAIN REGISTRATION - REFUNDS AND CHARGES. Domain Name Registration fees are non-refundable. When a domain is registered Holistic Solutions Inc. is charged immediately by the registrar. We can not recover this money. If you register and pay for a domain the domain can not be canceled, and there will be no refund. This is beyond the control of Holistic Solutions! If you sign up for an account with a Free Domain Registration and cancel your account before the completion of one billing cycle you agree and understand you will be charged $7.95 for the domain. 3.ACCOUNT SECURITY. You agree You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Holistic Solutions immediately of any unauthorized use of Your account or any other breach of security. You agree Holistic Solutions will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Holistic Solutions or another party due to someone else using Your account or password. For security purposes, You should keep account access information in a secure location and take precautions to prevent others from gaining access to Your user name and password. You agree that You will be responsible for all activity in Your account, whether initiated by You, Your customers, or by others on Your behalf, or by any other means. Holistic Solutions specifically disclaims liability for any activity in Your account, whether authorized by You or not. 4.NO UNLAWFUL CONDUCT OR IMPROPER USE. As a condition of Your use of Holistic Solutions’ Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, national, federal and international laws, rules, regulations, and requirements, including any laws regarding the transmission of technical data exported from your country of residence. You agree You will not be entitled to a refund of any fees paid to Holistic Solutions if, for any reason, Holistic Solutions takes corrective action with respect to Your improper or illegal use of its Services. Holistic Solutions reserves the right at all times to disclose any information as Holistic Solutions deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Holistic Solutions' sole discretion. If You have purchased Services, Holistic Solutions has no obligation to monitor Your use of the Services. Holistic Solutions reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. Holistic Solutions reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever. Holistic Solutions reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Holistic Solutions or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Holistic Solutions may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels. Except as set forth below, Holistic Solutions may also cancel Your use of the Services, after thirty (30) days, if You are using the Services, as determined by Holistic Solutions in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. Notwithstanding anything to the contrary herein, in the event Holistic Solutions cancels Your Services during the first thirty (30) days after You purchase the Services, You will receive a refund of any fees paid to Holistic Solutions in connection with the Services being canceled. In the event Holistic Solutions deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to Holistic Solutions if, for any reason, Holistic Solutions takes corrective action with respect to Your improper or illegal use of its Services. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Holistic Solutions; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Holistic Solutions reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. 5.NO SPAM; LIQUIDATED DAMAGES. You agree Holistic Solutions may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any SPAM or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay Holistic Solutions liquidated damages of $1 for each piece of SPAM or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay Holistic Solutions' actual damages. You acknowledge You have read and understand and agree to be bound by the terms and conditions of Holistic Solutions’ Anti-SPAM Policy. Such terms and conditions are applicable to the use of all Holistic Solutions Software and Services and are incorporated herein. We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications from the sender. This can include, but is not limited to, the following: Email Messages, Newsgroup postings, Windows system messages, Pop-up messages (aka "adware" or "spyware" messages,) Instant messages (using AOL, MSN, Yahoo or other instant messenger programs,) Online chat room advertisements, Guestbook or Website Forum postings, Facsimile Solicitations. 6.RESPONSIBILITY FOR MINORS In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME SERVICES PROVIDED BY HOLISTIC SOLUTIONS MAY CONTAIN OR PROVIDE ACCESS TO MATERIAL THAT IS INAPPROPRIATE FOR MINORS. 7.INTELLECTUAL PROPERTY. You agree that Holistic Solutions or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software. You understand and agree that all content and materials contained in this Agreement, other policies, the Holistic Solutions Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Holistic Solutions or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Holistic Solutions or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise. 8.REPRESENTATIONS AND WARRANTIES. You, or the individuals who execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. 9.DISCLAIMER OF WARRANTIES. Holistic Solutions expressly disclaims 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. Services are provided on an "As Is" and "As Available" basis. Holistic Solutions makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Holistic Solutions does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You. 10.INDEMNIFICATION. You agree to defend, indemnify and hold harmless Holistic Solutions and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with Holistic Solutions whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from Holistic Solutions or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Holistic Solutions harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Holistic Solutions be notified of a pending law suit, or receive notice of the filing of a law suit, Holistic Solutions may seek a written confirmation from You concerning Your obligation to indemnify Holistic Solutions . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Holistic Solutions shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Holistic Solutions of any such claim promptly in writing and to allow Holistic Solutions to control the proceedings. You agree to cooperate fully with Holistic Solutions during such proceedings. You agree You will not be entitled to a refund of any fees paid to Holistic Solutions if, for any reason, Holistic Solutions takes corrective action with respect to Your improper or illegal use of its services. You also agree that if Holistic Solutions is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding an account of Yours with Holistic Solutions , that Holistic Solutions , in its sole discretion, may take whatever action Holistic Solutions deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. 11.DMCA SAFE HARBOR. You agree that Holistic Solutions may remove or disable access to Your data in whole or in part as required to comply with the provisions of the Digital Millennium Copyright Act. If Holistic Solutions receives a notification of copyright infringement in accordance with the procedures described in the DMCA, Holistic Solutions may restrict access to the material in question. You agree to not hold Holistic Solutions liable for any damages incurred by You or anyone authorized or unauthorized using Your services. You understand that it is not the responsibility of Holistic Solutions to make any determination of the legitimacy of a request to remove the alleged material. 12.LATE FEES. Late accounts may be subject to a late fee not to exceed 10% of the monthly amount due. 13.FILTERING SERVICES. Some products offered include SPAM filtering and Virus filtering. Virus filtering is not guaranteed to be 100% effective. Virus filtering should be considered as just one of many layers of security for You. Holistic Solutions recommends that all computers have appropriate anti-virus, anti-spyware, firewalling, and other safeties including those not mentioned here, installed and kept up to date. Holistic Solutions utilizes SPAM reduction techniques which may result in loss of legitimate e-mail and/or false positives even if an account or sub-account does not have these services enabled. Holistic Solutions does not guarantee all SPAM will be caught or marked as such. You should be aware that a percentage of unsolicited e-mails will be delivered as legitimate, and a percentage of legitimate e-mails may be delivered marked as SPAM and/or completely rejected with no notification sent to either sender or receiver. 14.GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY. This agreement shall be deemed entered into in the State of North Carolina. You agree that the laws and judicial decisions of Buncombe County, North Carolina, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Buncombe County, North Carolina. For the adjudication of disputes concerning anything for which an appropriate court does not exist in Buncombe County, You agree to submit to jurisdiction and venue of the nearest appropriate court located within the U.S. District Court Fourth Circuit. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement. 15.DATA TRANSFER AND/OR DISK STORAGE OVERRAGE CHARGES. You agree that you will not exceed the bandwidth (data transfer) or storage space limits associated with your account. You agree that if you do exceed either limit, Holistic Solutions, in its sole (and exclusive) discretion, may immediately take corrective action. This corrective action includes, but not limited to, termination and/or assessment of additional fees and/or suspension of your services. You agree that Holistic Solutions will have no liability to you or any of your end users due to any corrective action that may be taken. You agree that you will not be entitled to a refund of any fees paid in advance prior to the corrective action. You agree that Holistic Solutions may automatically charge your credit card for disk space or bandwidth overage fees. You may opt-out of automatic charges by sending a letter to Holistic Solutions at the address noted in Section 20 of this agreement. If you choose to opt out of automatic overage charges, you may risk the suspension of your account if you exceed your allotted amount. 16.BILLING, TERMINATION OF SERVICES, REFUNDS. Your account will be billed for services in advance ("prepaid") of each billing period. For example: If you are on a monthly plan, you are billed for the upcoming month of service. You are responsible for canceling services which are no longer needed. There are no refunds given for services which you have not canceled, regardless of whether you did or did not use such service. You agree that You will be responsible for notifying Holistic Solutions should You desire to terminate Your use of Holistic Solutions' Services. Holistic Solutions reserves the right to modify pricing of products as needed to adjust for any factors such as (but not limited to) inflation or changes to our costs. We will notify you at least thirty days prior to any price increase. Notification of Your intent to terminate must be provided to Holistic Solutions no earlier than 10 days prior to Your billing date but no later than 3 work days prior to Your billing date. A work day is defined as Monday through Friday. No pro-rated refunds are given for unused portions of prepaid services. 17.PROTECTION OF DATA, BACKUPS. Holistic Solutions tries to ensure that we back up all of our customers' shared hosting data on a regular basis. VPS customers are responsible for there own backups unless other arrangements are made. It is impossible for us to backup every byte that changes the moment it changes. There are lapses as backups occur on a schedule. You agree that it is your sole responsibility to keep timely and current backups of all your data. This includes, but is not limited to, your (or your customers') website(s), database(s), e-mail, customer information, and any other data stored with Holistic Solutions. You should make regular and timely backups of all your data and transfer it to a safe location. 18.PRODUCT DESCRIPTIONS. Any descriptions of specific types of hardware via any communication or company website is only given as examples. Specific mention of any piece of equipment does not mean that we use that type of equipment or hardware. 19.AGREEMENT TO BE BOUND. By applying for any Holistic Solutions service(s) through any means, or by using any service(s) provided by Holistic Solutions under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference. 20.DATA RETENTION. Once your account is deleted or becomes inactive all data may be removed from Holistic Solutions systems. You agree and understand that Holistic Solutions has no obligation to keep any of your account data. Once these files are removed there is no guarantee that the data will be recoverable or restorable. 21.E-MAIL RETENTION POLICY. Holistic Solutions may offer services such as e-mail. You agree that you and/or your customers e-mail should be checked and/or removed from the server(s) within a reasonable amount of time. Holistic Solutions reserves the right to maintain virus and SPAM quarantines by deleting quarantined mail over two weeks old. In order to keep our systems clean we may also remove e-mail which has not been downloaded after a period of sixty days. This is not meant to prevent people from keeping e-mails older than that in a webmail type interface. This is meant to address the issue of forgotten, abandoned e-mail accounts which are not regularly checked. You are advised to download and/or copy all e-mail onto your own computer system for purposes of backup. 22.NOTICES. You agree that all notices (except for notices concerning breach of this Agreement) from Holistic Solutions to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with Holistic Solutions. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to Holistic Solutions shall be made by first class mail sent via the United States Postal Service. Mail must be sent Certified and Signature Required. Holistic Solutions address is: Holistic Solutions, Inc. PO Box 501 Black Mountain NC 28711-0501. 23.PRIVACY POLICY. You agree to the privacy policy posted on our website. You agree that Holistic Solutions has the right to make changes to the privacy policy from time to time. If changes are made you will be notified via e-mail and provided ten (10) days to opt-out of any changes which have occurred. 24.EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOLISTIC SOLUTIONS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES PROVIDED, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF HOLISTIC SOLUTIONS OR ANY SUPPLIER, AND EVEN IF HOLISTIC SOLUTIONS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 25.LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL HOLISTIC SOLUTIONS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF HOLISTIC SOLUTIONS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, HOLISTIC SOLUTIONS. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), HOLISTIC SOLUTIONS DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICE. HOLISTIC SOLUTIONS ALSO RESERVES THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE SERVICE WITH OR WITHOUT NOTICE AT ANY TIME AND WITHOUT ANY LIABILITY TO YOU. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER DATA OR OTHER CONTENT STORED THROUGHOUT THE HOLISTIC SOLUTIONS NETWORK. UNDER NO CIRCUMSTANCES SHALL HOLISTIC SOLUTIONS OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. 26.Holistic Solutions will strive to keep its services running reliably but Holistic Solutions will not be held responsible for any losses you may incur through their use. If you are a business, you should ensure that you have adequate business insurance, and we recommend you contact an insurance agent or broker. As a customer of Holistic Solutions, you agree to indemnify, defend and hold harmless Holistic Solutions, its officers, directors, employees, affiliates, or resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) that may arise from your use of our services. Unless specifically addressed and mutually agreed to within a service level agreement or security plan, Holistic Solutions will not cover you for any losses due to hacker attacks, denial of service attacks or other criminal activities. If your business relies on your Web site for commercial purposes, it is your responsibility to ensure that you have proper business insurance coverage. If server(s) owned by the customer are colocated within our data center, it is your responsibility to ensure that you have proper business insurance coverage for your server(s). As a customer of Holistic Solutions, you agree that you are responsible for any content you provide via your Web site, and it is your sole responsibility to ensure that it does not infringe upon any existing trademark or copyrighted material. 27.HEADINGS. The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control. Headings are in no way meant to limit, define, construe or describe the scope or extent of any sections or in any way affect that section. 28.ACCURATE INFORMATION. You agree to: (1) provide true, current, complete and accurate information about you as required during the application process; and (2) maintain and update the information you provided to us when purchasing our services to keep it current, complete and accurate. We rely on this information to send you important notices and information regarding your account and our services. 29.ENTIRE AGREEMENT. You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and Holistic Solutions regarding the Services contemplated herein. 30.SEVERABILITY. You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect. 31.SECURITY. Holistic Solutions does not guarantee the security of your website, e-mail, data, domain name registration records, and you assume all risks that the password and/or passphrase(s) you choose may be compromised as a result of fhacking, illegal, fraudulent, or unauthorized activity. 32.WAIVER. The failure of Holistic Solutions to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Holistic Solutions thereafter to enforce such provisions. 33.FORCE MAJEURE. Holistic Solutions will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Holistic Solutions liable for any of the consequences of such interruptions. 34.NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. 35.COLLECTION PROCEDURES. For any delinquent accounts, you will be responsible for all collection costs, including reasonable attorney fees.