The privacy principles of this policy are based on respect for international standards of privacy protection, such as the Information Privacy Principles set out in section 14 of the Commonwealth Privacy Act, 1998, and the Australian Privacy Charter including The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Privacy Amendment Act) made many significant changes to the Privacy Act 1988 (Privacy Act). These changes commenced on 12 March 2014.

The Privacy Regulation 2013, made under the Privacy Act, also commenced on 12 March 2014.

Our Privacy Principles We are bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) (Act). The APPs came into effect on 12 March 2014, when they replaced the National Privacy Principles which applied previously under the Act. We have adopted internal policies and procedures to ensure that the personal information we collect, store, use and disclose is dealt with in accordance with the APPs.

You can view further information about the APPs at https://www.oaic.gov.au/privacy-law/privacy-act/australian-privacy-principles

At Mobile Search Ready, we are committed to providing our clients, customers, members with exceptional service.  As providing this service involves the collection, use and disclosure of some personal information about our clients, customers, members, protecting their personal information is one of our highest priorities.

We will inform our clients, customers, members of why and how we collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances.

This Personal Information Protection Policy outlines the principles and practices we will follow in protecting clients’, customers’, members’ personal information.  Our privacy commitment includes ensuring the accuracy, confidentiality, and security of our clients’, customers’, members’ personal information and allowing our clients, customers, members to request access to, and correction of, their personal information.

Definitions

Personal Information – means information about an identifiable individual including name, age, home address, phone number, social insurance number, marital status, religion, income, credit history, medical information, education, employment information.  Personal information does not include contact information (described below).

Contact information – means information that would enable an individual to be contacted at a place of business and includes name, position name or title, business telephone number, business address, business email or business fax number.  Contact information is not covered by this policy or PIPA.

Policy 1 – Collecting Personal Information

1.1  Unless the purposes for collecting personal information are obvious and the client, customer, member voluntarily provides his or her personal information for those purposes, we will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection.

1.2  We will only collect client, customer, member information that is necessary to fulfill the following purposes:

• To verify identity.
• To identify client preferences.
• To open and manage a client account.
• To deliver requested web services.
• To process subscriptions to web services.
• To contact our clients.
• To ensure a high standard of service to our clients.
• To meet regulatory requirements.

Policy 2 – Consent

2.1  We will obtain client, customer, member consent to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without consent).

2.2  Consent can be provided orally, in writing, electronically, through an authorized representative of Mobile Search Ready, or it can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the client, customer, member voluntarily provides personal information for that purpose.

2.3  Consent may also be implied where a client or customer is given notice and a reasonable opportunity to opt-out of his or her personal information being used for mail-outs, the marketing of new services or products, and the client does not opt-out.

2.4  Subject to certain exceptions (e.g. the personal information is necessary to provide the service or product, or the withdrawal of consent would frustrate the performance of a legal obligation), clients can withhold or withdraw their consent for Mobile Search Ready to use their personal information in certain ways.  A client’s decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or product. If so, we will explain the situation to assist the client, customer, member in making the decision.

2.5  We may collect, use or disclose personal information without the client’s knowledge or consent in the following limited circumstances:

When the collection, use or disclosure of personal information is permitted or required by law;

In an emergency that threatens an individual’s life, health, or personal security;

When the personal information is available from a public source (e.g., a telephone directory);

When we require legal advice from a lawyer;

For the purposes of collecting a debt;

To protect ourselves from fraud;

To investigate an anticipated breach of an agreement or a contravention of the law

Policy 3 – Using and Disclosing Personal Information

3.1 We will only use or disclose client, customer, member personal information where necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to those purposes such as:

To conduct client surveys in order to enhance the provision of our services;
To contact our clients directly about services that may be of interest;

3.2 We will not use or disclose client personal information for any additional purpose unless we obtain consent to do so.

3.3 We will not sell client lists or personal information to other parties unless we have consent to do so.

Policy 4 – Retaining Personal Information

4.1 If we use client personal information to make a decision that directly affects the client we will retain that personal information for at least one year so that the client has a reasonable opportunity to request access to it.

4.2 Subject to policy 4.1, we will retain client personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose.

Policy 5 – Ensuring Accuracy of Personal Information

5.1  We will make reasonable efforts to ensure that client personal information is accurate and complete where it may be used to make a decision about the client or disclosed to another organization.

5.2  Clients may request correction to their personal information in order to ensure its accuracy and completeness.  A request to correct personal information must be made in writing and provide sufficient detail to identify the personal information and the correction being sought.

5.3  If the personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any organization to which we disclosed the personal information in the previous year.  If the correction is not made, we will note the clients’, customers’, members’ correction request in the file.

Policy 6 – Securing Personal Information

6.1  We are committed to ensuring the security of client information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.

6.2  The following security measures will be followed to ensure that client personal information is appropriately protected:

The enforcement of secure and strong passwords

SSL encryption of all web traffic to and from our servers

Regular security updates of all software installed on all servers in our environment

Security best practices for all supported platforms will continue to be assessed regularly by CISSP security-certified staff and environment design updated as required

Regular security audits to restrict channels of access that are no longer required or no longer best practice

6.3  We will use appropriate security measures when destroying client’s personal information such as deleting electronically stored information.

6.4  We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.

Policy 7 – Providing Clients, Customers, Members Access to Personal Information

7.1  Clients have a right to access their personal information, subject to limited exceptions:

disclosure would reveal personal information about another individual, health and safety concerns.

7.2  A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought.

7.3  Upon request, we will also tell clients how we use their personal information and to whom it has been disclosed if applicable.

7.4  We will make the requested information available within 30 business days or provide written notice of an extension where additional time is required to fulfill the request.

7.5  A minimal fee may be charged for providing access to personal information.  Where a fee may apply, we will inform the client of the cost and request further direction from the client on whether or not we should proceed with the request.

7.6  If a request is refused in full or in part, we will notify the client in writing, providing the reasons for refusal and the recourse available to the client.

Policy 8 – OS Disclosure

8.1  Personal information which we collect and hold is stored within our locally housed data servers in Australia. We utilise some cloud-based service providers for specific functions such as email and accounts, who may store certain information on our behalf on servers based in the United States. These service providers are engaged pursuant to terms of service requiring stringent privacy compliance in respect of this data.

8.2  Some of the third parties with whom we share personal information may be located outside Australia. While such third parties will often be subject to privacy and confidentiality obligations, you accept that where lawful, such obligations may differ from and be less stringent than the requirements of the privacy laws of Australia.

8.3  For UK and EU residents, this means that your data will almost certainly be transferred outside of the European Economic Area (“EEA”) when it is provided to us as we are based in Australia. Where your personal data is transferred by us to anyone else, we will ensure that this is only done with appropriate safeguards in place to protect personal data in compliance with applicable data protection legislation. Such measures may include (without limitation) transferring the data (i) to a third party in a country that has been identified as providing adequate protection for EEA data, or (ii) to a third party which has entered into standard contractual clauses adopted or approved by the European Commission, or (iii) to a third party in the US which is Privacy Shield certified.

Policy 9 – Grounds for use and disclosure (UK and EU residents)

9.1  UK and EU residents, we may process your personal data as follows:

• where it is in our legitimate interests in carrying on our business (and these are not overridden by your rights), for example, identifying opportunities to improve our services to you and performing administrative and operational tasks;
• where it is necessary for the performance of a project, for example, to verify your identity in relation to a digital transaction;
• where we are required to do so under a legal obligation;
• with your expressed consent.

Policy 10 – Cookie Management

10.1 Cookies are small text files that are placed on your computer by the websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

10.1.1 Cookie Types

‘Session’ cookies remain in your browser during your browser session only, ie until you leave the website.

‘Persistent’ cookies remain in your browser after the session (unless deleted by you).
‘Performance’ cookies collect information about your use of the website, such as webpages visited and any error messages; they do not collect personally identifiable information, and the information collected is aggregated such that it is anonymous. Performance cookies are used to improve how a website works.
‘Functionality’ cookies allow the website to remember any choices you make about the website (such as changes to text size, customised pages) or enable services such as commenting on a blog.

10.2  The use of cookies is now standard for most websites. If you are uncomfortable with the use of cookies, you can manage and control them through your browser, including removing cookies by deleting them from your ‘browser history’ (cache) when you leave the site.

10.3  Mobile Search Ready and those organisations and individuals providing services to us may use analytics cookies, which can also be called performance cookies, to collect information about your use of our site. The analytics cookies collect information which, amongst other things, allows us to count our audience size and see usage patterns. The analytics cookies also record if you experience difficulties using our site which can assist us in improving functionality.

10.4  Mobile Search Ready and its service providers may also use targeting and tracking cookies to understand your interests and behaviours as you browse our site, so we can deliver a more personalised experience in the future. This may also assist us in delivering relevant advertising to you during various advertising campaigns we may run through participating third party sites.

10.5  Our website uses Google Analytics, a service which transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage.

Policy 11 – Questions and Complaints

Contact information for Mobile Search Ready Privacy Officer or designated individual:

Email: admin@msready.com.au

The following agreement (“TOS,” “Terms” or “Agreement”) describes the terms and conditions relating to and binding upon all products and or services provided by Mobile Search Ready (“Mobile Search Ready”, “Matthew Druce t/as Mobile Search Ready”, “MSReady”, “mobilesearchready.com.au’, “msready.com.au”, “we”, “us”, “our”).

We reserve the right, in our sole discretion, to modify this agreement at any time, and without prior notice, by posting an amended version on mobilesearchready.com.au (our website). By purchasing or subscribing to a product or service provided by Mobile Search Ready, you declare that you have read, understood and agree to be bound by this agreement. After posting an amended version of this agreement, we may notify you about the changes as required by applicable law.

1. Provision of Services

1.1 For the purposes of this agreement, “service” or “services” refers to any and all services provided by Mobile Search Ready, including but not limited to design services, hosting services, data analytics, search engine optimization (SEO), ecommerce services, consulting, project management, technical support and systems administration.

1.2 Features and descriptions of our services are provided on our website. We may modify (add/remove) or upgrade our services at any time without prior notice.

1.3 We require contact information from prospective clients before engaging in business or providing any service. The following contact information is required by us:

Full name
Email Address
Company Name
Any personal information you provide to us is protected by and subject to our privacy policy.

1.4 You may request a service through our website forms, online chat, or contacting us directly via email. A designated consultant will respond to your request and follow up with you within 1 business day.

2. Service Level Agreement (SLA)

The Mobile Search Ready SLA outlines our specific processes and procedures regarding website hosting and maintenance. It describes the availability of our services, remedies for systems failures, and protocols for daily operations. If you subscribe to a website maintenance or hosting plan you also agree to the terms of our SLA which is posted on our website.

3. Use of Services

3.1 You acknowledge and agree that your use of our services and any content uploaded, stored, published and displayed are in compliance with this agreement and all applicable laws, including laws of the jurisdiction where the service or content is uploaded, hosted, stored, accessed or used.

3.2 You may not upload, store, publish and display on or through our services any personal data, private or any other personally identifying information, images, videos of minors or any third party, without the consent of said party (or a parent’s consent in the case of a minor). If you use our services to upload, store, publish, display or otherwise disclose such information, you acknowledge and agree that you have obtained the prior consent of the said parties.

3.3 You may not use our services to send unsolicited emails to other parties. All communications sent from your website and online assets hosted by Mobile Search Ready must abide by Australian Anti-Spam Legislation (as defined here: https://www.acma.gov.au/Industry/Marketers/Anti-Spam).

3.4 If we deem your use of our services as detrimental to Mobile Search Ready operations or noncompliant with this agreement and applicable laws, we reserve the right to terminate your services without prior notice and subject to our refund policy.

4. Fees and Payment

4.1 You agree to pay the related fees when you request or subscribe to any of our services. If no payment terms are specified, fees shall be paid in full before our services are provided to you.

4.2 We reserve the right to terminate or interrupt services if payment for services provided is not received within 30 days past the payment due date.

4.3 You agree to pay any applicable taxes which are required to collect unless you provide us with valid tax exemption documentation.

4.4 The following payment terms apply for all subscription-related services:

Monthly subscription: Payment to be processed electronically via credit card on the day of the subscription. Pre-authorized credit card transactions will be processed month-to-month until cancellation is requested.

Yearly subscription: Fees to be paid in full before services are provided. Accepted payment methods include credit card, e-transfer or cheque. At the end of the subscription period you’ll be expected to pay fees in full to continue the service, or you may switch to month-to-month subscription.

4.5 All project fees will be invoiced individually and payment terms will be specified within a project document signed by both parties.

4.6 All fees are specified in Australian dollars. Charges will appear on your account and statements as “Mobile Search Ready”, “mobilesearchready.com.au” or “msready”.

4.7 Monthly or yearly invoices are emailed electronically which you can print off at your convenience. We will not mail paper copies to you.

5. Cancellation and Refund Policy

5.1 You acknowledge that all our services are non-refundable once services have been initiated and payment has been received.

5.2 You may cancel a service or subscription at any time by contacting us via our website.

6. Data Storage

6.1 You acknowledge that data pertaining to your website will be stored in multiple locations to ensure data redundancy and the ability to recover from failures in single data centers.

6.2 You acknowledge that all servers, databases, and backups, will be stored exclusively in multiple data centers unless both Mobile Search Ready and you agree that your online assets will be best served from a specific  available country within our hosting capacity. Some data such as cached content on your website may be stored in other countries for performance and availability considerations.

6.3 You acknowledge that we leverage controls put in place by our hosting providers, which is relative to your selected plan currently either Crucial Hosting or Pressable, for all websites.

6.4Access to your websites’ data can only be done through the unique user account your website operates under, by Crucial Hosting or Pressable respectively and by Mobile Search Ready.

6.5 Your data will only be accessed by Mobile Search Ready to ensure data integrity and infrastructure operation.

6.6 Mobile Search Ready will not distribute your data to 3rd parties without your explicit approval.

7. Third Party Applications

7.1 As we are a technology company, you acknowledge that we use third party applications and platforms to provide or enable elements of our services.

7.2 You acknowledge that our servers, storage, and networks are provided by Google Services and our hosting environments leverage cloud technologies.

7.3 You acknowledge that we use Google Analytics to monitor and report on all website traffic for every website subscribed to our hosting plans. We implement IP anonymization in our scripts, however all data regarding your website traffic and visitors is sent to Google. For more information about what information Google collects and how they use it, please refer to the following documents:

Google’s Privacy Policy
Google Analytics Tracking Code Overview
7.4 You acknowledge that we use third party applications for all business communications including email correspondence, online chat, and CRMs.

7.5 You acknowledge that we use a third party payment gateway called Stripe to process all credit card transactions for our own website as well as for our clients’ websites.

7.6 You acknowledge that we will do our due diligence to ensure that all third applications we use remain reputable, secure and supported. However, we will not be held responsible for any vulnerabilities exposed by third-party applications that impact your business.

8. Privacy Policy

8.1 The Mobile Search Ready Privacy Policy explains how we handle your personal data as either a customer or a visitor to our website.

9. Indemnification

9.1 You agree to indemnify, defend, and hold harmless us and our subsidiaries, affiliates, agents, officers and employees, and vendors (including without limitation our Third-Party Reporting Agencies and affiliates) (the “Indemnified Parties”) from any claim, suit, action, or loss arising from or relating to any claim by a third party which arises as a result of your use of the Services, including any liability or expense arising from claims, losses, damages, suits, judgments, civil or criminal fined or other penalties, litigation costs, and attorneys’ fees.

9.2 You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

10. Limitations

10.1 Although we perform regular backups of your website, we do not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, among other things, content that is corrupted prior to being backed up or that changes during the time a backup is performed. We will provide support to you and attempt to troubleshoot any known or discovered issues that may affect your backups, but you acknowledge that we have no liability related to the integrity of your backups or the failure to successfully restore your content to a usable state. You agree to maintain a complete and accurate copy of any customer content in a location independent of our services.

10.2 Other than expressly set out in the agreement, our services are provided “as-is”, as available and with all faults. We cannot guarantee that our service will meet or continue in the future to meet your needs, or that we will continue to provide our services or any aspect of our services in the future. To the maximum extent permitted by law, we will not be liable responsible for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, interruption of service, data non-delivery, site interruption, and/or punitive damages. To the maximum extent permitted by law, our total liability for any claim relating to our services or this agreement, including any claim for any implied warranty, is limited to the amount you paid to us to use the services.

Mobile Search Ready’s  Service Level Agreement sets out the performance you can expect from us.

The following list highlights the key elements described in our SLA:

• Availability of our Services.
• Uptime Guarantee in relation to our services.
• Remedies for systems failures.
• Procedures for daily operations.

If you subscribe to website maintenance or hosting with us you hereby agree to our SLA contained herein. 

The remedies contained in this SLA are your sole and exclusive remedies for any issues addressed herein.
We may update this SLA without prior notice, in our sole discretion, and without affecting your rights as a consumer under applicable law.

1. Uptime and Downtime

1.1   We guarantee 99.99% uptime for all sites on our Premium+ Hosting plan.
For each hour (or fraction thereof) you experience a compensable outage, we will compensate you 1 day of hosting costs.

Scheduled maintenance is not included in the monthly uptime calculation.

1.2   For websites on our Premium Hosting plan and are hosted by a single-server solution, we guarantee 99.9% uptime, calculated at the end of each month. For each hour (or fraction thereof) of outage beyond 0.1% downtime, we will compensate the impacted customer for 1 day of hosting costs.

1.2   For websites on our Basic Hosting plan and are hosted by a single-server solution, we guarantee 99% uptime, calculated at the end of each month. For each hour (or fraction thereof) of outage beyond 0.2% downtime, we will compensate the impacted customer for 1 day of hosting costs.

1.3  Scheduled maintenance outages and outages during our standard maintenance window of 1AM – 3AM UTC will not be included in the monthly uptime calculation and outages within this window are not compensable.

1.4  Our automation monitors all hosting infrastructure and their hosted websites. If our monitoring solution discovers a website or infrastructure component is not functioning, our 24/7 support staff will be alerted and will begin working on the problem regardless of whether a customer has an open ticket.

1.5  We consider a compensable outage to have begun at the time our monitoring system sends an outage alert email to our support staff, or the customer opens an incident ticket reporting the problem. The incident must also be verified by us to ensure the website is completely unresponsive to requests and is not a localized issue to a specific network, web browser, or system.

1.6  If your site serves a specific critical function that you would like to be monitored 24/7, our custom monitoring solutions are available. Custom monitoring for your website will mean that specific pages are tested using simulated user input and the website’s response is checked against an expected value. If this value is not as expected, our support staff will be called out. Custom monitoring is available at a surcharge or included in some plans.

2. Service Level Agreement (SLA)

The Mobile Search Ready SLA outlines our specific processes and procedures regarding website hosting and maintenance. It describes the availability of our services, remedies for systems failures, and protocols for daily operations. If you subscribe to a website maintenance or hosting plan you also agree to the terms of our SLA which is posted on our website.

3. Use of Services

3.1 You acknowledge and agree that your use of our services and any content uploaded, stored, published and displayed are in compliance with this agreement and all applicable laws, including laws of the jurisdiction where the service or content is uploaded, hosted, stored, accessed or used.

3.2 You may not upload, store, publish and display on or through our services any personal data, private or any other personally identifying information, images, videos of minors or any third party, without the consent of said party (or a parent’s consent in the case of a minor). If you use our services to upload, store, publish, display or otherwise disclose such information, you acknowledge and agree that you have obtained the prior consent of the said parties.

3.3 You may not use our services to send unsolicited emails to other parties. All communications sent from your website and online assets hosted by Mobile Search Ready must abide by Australian Anti-Spam Legislation (as defined here: https://www.acma.gov.au/Industry/Marketers/Anti-Spam).

3.4 If we deem your use of our services as detrimental to Mobile Search Ready operations or noncompliant with this agreement and applicable laws, we reserve the right to terminate your services without prior notice and subject to our refund policy.

4. Fees and Payment

4.1 You agree to pay the related fees when you request or subscribe to any of our services. If no payment terms are specified, fees shall be paid in full before our services are provided to you.

4.2 We reserve the right to terminate or interrupt services if payment for services provided is not received within 30 days past the payment due date.

4.3 You agree to pay any applicable taxes which are required to collect unless you provide us with valid tax exemption documentation.

4.4 The following payment terms apply for all subscription-related services:

Monthly subscription: Payment to be processed electronically via credit card on the day of the subscription. Pre-authorized credit card transactions will be processed month-to-month until cancellation is requested.

Yearly subscription: Fees to be paid in full before services are provided. Accepted payment methods include credit card, e-transfer or cheque. At the end of the subscription period you’ll be expected to pay fees in full to continue the service, or you may switch to month-to-month subscription.

4.5 All project fees will be invoiced individually and payment terms will be specified within a project document signed by both parties.

4.6 All fees are specified in Australian dollars. Charges will appear on your account and statements as “Mobile Search Ready”, “mobilesearchready.com.au” or “msready”.

4.7 Monthly or yearly invoices are emailed electronically which you can print off at your convenience. We will not mail paper copies to you.

5. Cancellation and Refund Policy

5.1 You acknowledge that all our services are non-refundable once services have been initiated and payment has been received.

5.2 You may cancel a service or subscription at any time by contacting us via our website.

6. Data Storage

6.1 You acknowledge that data pertaining to your website will be stored in multiple locations to ensure data redundancy and the ability to recover from failures in single data centers.

6.2 You acknowledge that all servers, databases, and backups, will be stored exclusively in multiple data centers unless both Mobile Search Ready and you agree that your online assets will be best served from a specific  available country within our hosting capacity. Some data such as cached content on your website may be stored in other countries for performance and availability considerations.

6.3 You acknowledge that we leverage controls put in place by our hosting providers, which is relative to your selected plan currently either Crucial Hosting or Pressable, for all websites.

6.4Access to your websites’ data can only be done through the unique user account your website operates under, by Crucial Hosting or Pressable respectively and by Mobile Search Ready.

6.5 Your data will only be accessed by Mobile Search Ready to ensure data integrity and infrastructure operation.

6.6 Mobile Search Ready will not distribute your data to 3rd parties without your explicit approval.

7. Third Party Applications

7.1 As we are a technology company, you acknowledge that we use third party applications and platforms to provide or enable elements of our services.

7.2 You acknowledge that our servers, storage, and networks are provided by Google Services and our hosting environments leverage cloud technologies.

7.3 You acknowledge that we use Google Analytics to monitor and report on all website traffic for every website subscribed to our hosting plans. We implement IP anonymization in our scripts, however all data regarding your website traffic and visitors is sent to Google. For more information about what information Google collects and how they use it, please refer to the following documents:

Google’s Privacy Policy
Google Analytics Tracking Code Overview
7.4 You acknowledge that we use third party applications for all business communications including email correspondence, online chat, and CRMs.

7.5 You acknowledge that we use a third party payment gateway called Stripe to process all credit card transactions for our own website as well as for our clients’ websites.

7.6 You acknowledge that we will do our due diligence to ensure that all third applications we use remain reputable, secure and supported. However, we will not be held responsible for any vulnerabilities exposed by third-party applications that impact your business.

8. Privacy Policy

8.1 The Mobile Search Ready Privacy Policy explains how we handle your personal data as either a customer or a visitor to our website.

9. Indemnification

9.1 You agree to indemnify, defend, and hold harmless us and our subsidiaries, affiliates, agents, officers and employees, and vendors (including without limitation our Third-Party Reporting Agencies and affiliates) (the “Indemnified Parties”) from any claim, suit, action, or loss arising from or relating to any claim by a third party which arises as a result of your use of the Services, including any liability or expense arising from claims, losses, damages, suits, judgments, civil or criminal fined or other penalties, litigation costs, and attorneys’ fees.

9.2 You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

10. Limitations

10.1 Although we perform regular backups of your website, we do not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, among other things, content that is corrupted prior to being backed up or that changes during the time a backup is performed. We will provide support to you and attempt to troubleshoot any known or discovered issues that may affect your backups, but you acknowledge that we have no liability related to the integrity of your backups or the failure to successfully restore your content to a usable state. You agree to maintain a complete and accurate copy of any customer content in a location independent of our services.

10.2 Other than expressly set out in the agreement, our services are provided “as-is”, as available and with all faults. We cannot guarantee that our service will meet or continue in the future to meet your needs, or that we will continue to provide our services or any aspect of our services in the future. To the maximum extent permitted by law, we will not be liable responsible for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, interruption of service, data non-delivery, site interruption, and/or punitive damages. To the maximum extent permitted by law, our total liability for any claim relating to our services or this agreement, including any claim for any implied warranty, is limited to the amount you paid to us to use the services.