Policies

Master Services Agreement

Definition of Terms

PLEASE READ THIS MASTER SERVICE AGREEMENT CAREFULY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

This Master Services Agreement (the “MSA”) is entered into by and between FH Technologies, LLC d/b/a Thermo (“Thermo” or “Company”), a Michigan limited liability company, and you (the “Customer”) (each a “Party” and collectively, the “Parties”) for certain web hosting services provided by Thermo as ordered or accepted pursuant to the Terms of Service (the “Services”). The Customer’s use of and access to Services is governed by the MSA which includes Terms of Service (“TOS”), Acceptable Use Policy (“AUP”), Service Level Agreement (“SLA”), Privacy Policy (“PP”), IP Address Allocation Policy (“IPAAP”), and Digital Millennium Copyright Act Policy (“DMCA”). BY USING THE SERVICES, THE CUSTOMER AGREES THAT: (1) CUSTOMER HAS ACCEPTED THE MSA IN ITS ENTIRETY; (2) AGREES TO BE BOUND BY THE MSA (AS AMENDED FROM TIME TO TIME AS PROVIDED IN SECTION 9 OF THE TERMS OF SEVICE; (3) IF THE CUSTOMER IS AN INDIVIDUAL, THEN THE INDIVIDUAL REPRESENTS AND WARRANTS THAT HE OR SHE HAS THE LEGAL RIGHT TO ENTER INTO THE MSA AND IF THE CUSTOMER IS AN ENTITY THEN THE INDIVIDUAL WHO AGREES TO THE MSA REPRESENTS AND WARRANTS THAT HE OR SHE HAS THE AUTHORITY TO BIND SUCH ENTITY; AND (4) THIS MSA CONSTITUTES A BINDING AND ENFORCEABLE CONTRACTUAL AGREEMENT BETWEEN THERMO AND CUSTOMER. IF THE CUSTOMER DOES NOT AGREE WITH ALL THE TERMS OF THIS MSA AND DOES NOT AGREE TO BE BOUND BY THIS MSA, PLEASE DO NOT INSTALL OR USE THE SERVICES.

Thermo reserves the right to supplement and/or amend any portion of the MSA or incorporated agreements with or without notice. It is the Customer’s responsibility to review Thermo’s policies frequently to ensure compliance, as the current MSA applies, not the MSA in place at the time you registered for service. Customer’s continued use of the Services following any such modification will be deemed acceptance of such modification by Customer.

Legal Inquiries:

Thermo
c/o: Legal Department
21700 Melrose Ave.
Southfield, MI 48075
E-mail: legal@thermo.io
Facsimile No: +1-248-281-0473

Copyright Infringement:

Thermo
c/o: DMCA Complaints
21700 Melrose Ave.
Southfield, MI 48075
E-mail: dmca@thermo.io
Facsimile No: +1-248-281-0473

Abuse Inquiries:

Thermo
c/o: Abuse Department
21700 Melrose Ave.
Southfield, MI 48075
E-mail: abuse@thermo.io
Facsimile No: +1-248-281-0473

Reporting Violations of the AUP:

Thermo accepts reports of alleged violations of this AUP via e-mail sent to abuse@Thermo.io. Reports of alleged violations must be verified and include the name and contact information of the complaining party, information reasonably sufficient for Thermo to locate the server in question, and a description of the alleged violation. Unless otherwise required by law, including, without limitation, the DMCA, Thermo owes no duty to third parties to report alleged violations due to lack of privity in contract law. Thermo will review all verified third party reports and will take appropriate actions as described within the Methods of Resolution, as set forth below, or otherwise within its sole discretion.