Important Legal Agreements
updated on 03/17/2016
Terms of Service
1. This Terms of Service Agreement (this "Agreement") is entered into by and between Davis Productions LLC ("Meter Hosting" or "MeterHosting.com") and you, and is made effective as of the date you signup for an account on Meter Hosting. This Agreement sets forth the general terms and conditions of your use of this website ("Site") and the products and services purchased (individually and collectively, the "Services") or accessed through this Site or any of its subsidaries ("Sites"), and is in addition to, not in lieu of, any additional contracts you may enter into with Meter Hosting. In the event another contract contradicts the terms set forth in this Agreement, this Agreement takes "Trump" and the provisions set forth in the Agreement will govern our relationship. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
Your use of these Sites and Services, and your electronic acceptance (collected at registration) signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable preduct agreements, which are incorporated herein by reference:
The terms "We, Us or Our" shall refer to Meter Hosting. The terms "You, Your, User, Costomer" shall refer to any individual or entity who accepts this Agreement, has been provided access to your account, or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Meter Hosting may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of these Sites or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree with the modifications, do not use (or discontinue use) these sites. In addition, Meter Hosting may occasionally notify you of changes or modifications to this Agreement by email (on your account file). It is therefore very important that you keep your user account ("Account") information current and up to date. Meter Hosting assumes no liabillity or responsibillity for your failure to receive email notifications if such failure results from outdated contact information.
2. These Sites and the Services offered within are available only to Users who can form legally binding contracts under applicable law. By using these Sites or Services, you represent and warrant that you are (i) at least eighteen (18) year of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
3. Accounts: In order to access some of the features of these Sites, or use some of the Services, you will have to create an Account. Your represent and warrant Meter Hosting that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Meter Hosting has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Meter Hosting reserves the right, in its sole and absolute discrestion, to suspend or terminate youir Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s), and security pin. For security purposes, Meter Hosting recommends that you change your password and pin at least once every six months. You must notify Meter Hosting, by phone at 435-574-9936 - or by email at support at meterhosting.com - or by using our automated ticket system, immediately of any breach of security or unauthorized use of your Account. Meter Hosting will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, will be liable for any loss Meter Hosting or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
4. Subject to the terms and conditions of the Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide these Sites and Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time these Sites may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions, periodic maintenance, repairs or replacements that we undertake from time to time, or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowlege and agree that we have no control over the availablility of of these Sites or the Sevices on a continuous or uniterrupted basis, and that we assume no liablility to you or any other party with regard thereto. You also agree, that Meter Hosting will have no responsibility in the event that you loose business durring these situations.
5. You acknowledge and agree that:
- Your use of these Sites and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
- You will not collect or harvest (or permit anyone else to collecdt or harvest) any User Content or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
- You will not use these Sites or Services in a manner, as determined by Meter Hosting in its sole and absolute discrestion, that is:
- Illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of precription medication without a valid prescription;
- Infringes on the intellectual property rights of another user;
- You hereby state that you own or have rights to all intellectual property and content on your site(s);
- Violates the privacy or publicity rights of another User, or any other person or entity, or breaches any duty of confidentiality that you owe to another user or any other person or entity;
- Interferes with the operation of these Sites or Services found on these Sites;
- Contains or installs any viruses, worms, bugs, trojan horses or other code, files or programs designed to, or capable of, distrupting, damaging or limiting the functionality of any softwore or hardware;
- Post anything that contains false or deceptive language, or unsubstantiated or comparative claims, regarding Meter Hosting or Meter Hosting's services.
- You will not modify or alter any part of these Sites or the Services found at these Sites or any of its related technologies.
- You will not access Meter Hosting's contgent or User Content through any technology or means other than through these Sites, or as Meter Hosting may designate.
- You agree to back-up all of your User Content so that you can access and use it when needed. Meter Hosting does not warrant that it backs-up any Account or User content, and you agree to accept as a risk the loss of any and all of your user content.
- You will note resell or provide these Services for a commercial purpose, including any of Meter Hosting' s related techologies, without Meter Hosting's express prior written consent.
- You agree to provide government issued photo ID and/or goverment issued business identification as required for verification of identity when requested.
- You are aware that Meter Hosting, from time to time, may call you about your account using the number provided on your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow Meter Hosting, in its sole descresion, to record the entirety of such calls regardless of whether Meter Hosting asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Meter Hosting is a party.
6. Security: You agree not to circumvent, disable, or otherwise interefere with the security-related features of these Sites,or the Services found on these Sites (including without limitatino those features taht prevent or restrict use or copying of any related features of Meter Hosting's content or User content) or enforce limitations on the use of these Sites and Services found on these Sites, Meter Hosting content or User content herein.
7. In the event that you are provided with a free product credit (a credit redeemable for a free product service, hereby known as "Credit") with the purchase of another product ("Purchased Product"), you acknowledge and agree that such Credit is only valid for three (3) months from the Purchased Product date and is only available with a valid purchase (defined in credit terms, if such credit is given out) and may be terminated in the event the product purchases is deleted, cancelled, transferred or not renewed. You acknowledge and agree that we may swap your Credit for a similar product, in our sole discrestion. The Credit will expire if not redeemed within its three (3) month validation period. In the event the Credit is redeemed, after the initial Service(s) duration period (changes based on redeemed Service) the free product will automaticlly renew at the then-current renewal price until canceled. If you do not wish to renew, you may cancel the product by logging into your client area and requesting cancellation through your service portal or by using our automated ticketing system.
8. These Sites and the Services found on these Sites may contain links to third-pary websites that are not owned or controlled by Meter Hosting. Meter Hosting assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. By using third-party websites or services, you expressly release Meter Hosting from any and all liability arising from your use of such third-party sites and services. Accordingly, Meter Hosting encourages you to be aware when you leave our Sites or the Services found at our Sites and to review the terms and condition, privacy policies, and other governing documents of each other website that you may visit.
9. IN NO EVENT SHALL Meter Hosting, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPEACIAL, PUNITIVE, OR CONSWQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (i) THE ACCURACY, COMPLETENESS, OR CONTENT OF THESE SITES, (ii) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKD (THROUGH HEYPERLINK, BANNER ADVERTISING, OR OTHERS) TO THESE SITES, (iii) THE SERVICES FOUND AT THESE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Meter Hosting IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL Meter Hosting TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE SITES OR THE SERVICES FOUND ON THESE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
THE FORGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USER OF THESE SITES OR THE SERVICES FOUND ON THESE SITES.
10. You agree to pay any and all prices and fees due for Services purchased or obtained on these Sites at the time you order the Services. All prices and fees are non-refundable unless otherwise exressly noted in the Refund Policy section below, even if your services are suspended, terminated, or transferred prior to the end of the Service term. Meter Hosting expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this site (MeterHosting.com) and effective immediately without need for further notice to you. If you have purchased or obtained services for a period of months or years, changes or modifications in prices and fees shall be effective when the services in question come up for renewal.
If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.
If for any reason Meter Hosting is unable to charge your payment method for the full amount owed for the services provided, or if Meter Hosting receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your payment method, you agree that Meter Hosting may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or services registered or renewed to you or on your behalf. Meter Hosting also reserves the right to charge you reasonalbe "administrative fees" or "processing fees" for (i) tasks Meter Hosting may perform outside the normal scope of its Services, (ii) additional time and/or costs Dvis Design may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Meter Hosting in its sole and absolute discretion). Typical administrative or processing fee senarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions in connection with your domain name(s) and/or disputes that require acounting or legal services, whether performed by Meter Hosting staff or by outside firms retained by Meter Hosting; (iii) recouping any and all costs and fees, including the cost of services, incurred by Meter Hosting as the results of chargebacks or other payment disputes brought by you, your bank or payment method processor. The administrative fees or processing fees will be billed to the payment method you have on file with Meter Hosting.
11. Backups: For its own operational effeciencies and purposes, Meter Hosting from time to time backs up data on its servers, but is under no obligation or duty to Customer to do so under this Agreement. It is solely the Customers duty and responsibility to backup cusomers files and data on Meter Hosting's servers, and under no circumstance will Meter Hosting be liable to anyone for dameages of any kind under any legal theory for loss of Customers files and/or data on any Meter Hosting server. Meter Hosting will not attempt to back up accounts that exceed 10,000 files or 4 GB of space for any reason.
12. Monitoring and Disclosures: All activites occuring on, in, and/or via the Services or any website hosted by Meter Hosting may be monitored, recorded and examined by any authorized person (determined by Meter Hosting or applicable law officer), including law enforcement. In general, Meter Hosting does not monitor its Costomers websites or activities to determine whether they are in compliance with this Agreement. However, when and if Meter Hosting becomes aware of any violation of this Agreement, Meter Hosting may take any lawful action, and in the event of illegal activity, will take action to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via Meter Hosting, and/or removing non-complying information. In addition, Meter Hosting may take any lawful action against a Customer, patron, invitee, vistitor, or guest of said customers because of the activites of such Customer, patron, invitee, visitor, or guest of the Customer. Meter Hosting may disclose any information in its possession, including, without limititaion, information about Customer, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrent, stature, regulation, goverental request, or other legal process to protect Meter Hosting or others from harm, and/or to ensure the proper operation of the Services provided. Meter Hosting has no obligation to notify any person, including the Customer about whom information is sought, that Meter Hosting has provided the information.
13. Refund Policy
Meter Hosting provides a money back guarantee subject to the following terms.
A. Non-refundable fees/services
Fees paid by Customer in connection with the purchase of SSL Certificates, AppMachine, Site Backup Pro, Pay Per Click Marketing (PPC), cPanel quickstart, wordpress quickstart, Site Doctor, Website Transfers, Design Services, SEO Packages, SiteLock, Constant Contact, Domain Prices, and Domain Names are nonrefundable under this Agreement, as are Check Refunds of USD$10.00 or less due to processing fees, unless otherwise stated in another agreement.
B. Cancellations within first three (3) days of registration
In the event Customer cancels (cancelation procedure below) within three (3) calander days, but prior to the expiration of seven (7) calendar day from the date of registration, Customer will receive a full refund of all feed paid in connection with the registration upon request, with the exception of the non-refundable fees listed above. Customer has the option, but is not obligated, to retain ownership of, and contral any promotional "free domains" registred in connection with the Services minus the cost of such domain names.
C. Cancellations After three (3) days and before seven (7) days
In the event Customers cancels the after the expiration of three (3) calander days, but prior to the expiration of seven (7) calander days, Customer will receive a full refund of the Services registered with the exception of the non-refundable fees listed above and subject to the following terms:
(i) Free Domain Names: If Customer registers any domain name as part of a "Free Domain Name" promotion in connection with the Service(s), Customers refund will be reduced by the cost of such domain name. Customer will retain full ownership and control of any such domain names.
(ii) Postini/DedIP: Any feed paid by Subscriber in connection with Postini or Dedicated IPs will be refunded at a prorated rate based on the greistration date, the length of service, and the date of cancellation.
D. Cancellations after seven (7) days
Customer may cancel the Service(s) provided at any time, before or after automatic account renewal, and, with exception of any non-refundable fees listed above, and any setup fees, which are non-refundable after seven (7) calander days from the registration date, may in our full and absolute discression, recieve an instore credit, or, if Meter Hosting sees fit, a prorated refund, minus the domain name cost.
E. Notice of Cancellation
Customer agrees to redirect all cancellation requests to Meter Hosting by logging into their account and selecting the service they wish to cancel. The cancellation request must include verification of ownership, and Customer must confirm to Meter Hosting they have backed up all data associated to their account, somewhere other than Meter Hosting's servers. Once confirmed, cancellations will be processed either at mid-night (12am) server time or at the end of the current billing cycle (determined by user choice at time of request). Once terminated, customer understands that customer cannot undo this action.
You acknowledge and agree that where refunds are issued to your payment method, Meter Hosting's issuance of a refund receipt is the only confirmation that Meter Hosting has submitted your refund to the payment method charged at the time of the original sale, and that Meter Hosting has absolutely no control over when the refund will be applied towards your payment method's available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your payment method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle or longer.
In the event a refund is issued to your payment method and the payment provider, payment processor or individual issuing bank associated with your payment method imposes any limitation on refunds, including but not limited to, limitations as to the timing of the refund, or the number of refunds all owed, then Meter Hosting, in its sole and absolure discretion, reserves the right to issure the refund either (i) in the form on an in-store credit; or (ii) via issuance of a Meter Hosting check, which will be sent to the maling address on file for your account. Meter Hosting also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitaions on refunds imposed by the payment method. For the avoidance of doubt, any and all refunds processed via the issuance of either in-store credit or a Meter Hosting check are solely within Meter Hosting's descretion and are not available at customers request. Meter Hosting will not reissue checks if you have an outdated address on your user account.
14. Hours of Operation
General Hours of Operation are:
Monday-Wednesday, and Friday 9am to 5pm MDT
Thursdays by appointment only. Appointments must be scheduled by Tuesday 5pm MDT
Closed all weekends and holidays
Tech Support Hours
By Phone: Monday-Friday 9am to 6pm MDT excluding all nationally recongnized holidays.
By Ticket Support System: 24/7/365
Meter Hosting reserves the right to charge $60 per hour with a minimun of one hour for all work and services preformed outside the general hours stated above (excluding tech support) including but not limited to, updates, phone calls, design work. This will be the only notice you will recieve a higher bill for services rendered during these off hours. This rule applies to all hours on Thursday unless you have scheduled your appointments as expressed above.
This Section applies specifically to Technical Support
1. Support Services: Meter Hosting will provide Customer with two (2) hours telephone support monthly or twenty-four (24) hours annually. The clock starts on the day of the month the account was registered for monthly cycles or on the anuall date for anuall cycles.
Support may, from time to time, be unavailable due to downtime for systems and server maintenance, company events, and circumstances beyond the control of Meter Hosting. Phone support requests will be handeled in the order they are recieved. Meter Hosting determins when a request was recieved by the last time you dailed in or sent a email reply. Calling in, or sending in multiple requests will only push you further down in our queing system and will only delay the time it takes to get back to you.
Ticket support requests will be answered in the order they are recieved. Usually within a 24 hour period. Meter Hosting tries to process these tickets quicker, but sometimes, may take a little longer due to high number of requests.
For call in support requests, Customers will be required to generate a call in pin by loggin into their customer account, and going to the support system and clicking generate pin. Meter Hosting may not talk to anyone regarding an account unless this pin has been verified. Meter Hosting, in its sole and absolute discression, may also ask to verify Cusomer against other account information if Meter Hosting believes for any reason the call may be fraudulant.
All phone requests processed outside of your term allowance will be charged with a 15% discount of the current hourly rate.
2. Restrictions: Service and support will be provided to Customer in accordance with the terms indicated in this Agreement and on our Sites. Meter Hosting has no obligation to provide service or support until Meter Hosting has received full payment for the Services rendered.
Meter Hosting may limit or terminate support service to, or may elect to refuse support service, if Customer uses the service in a irregular, excessive, abuse or fraudulent manner or uses Product(s) with third party software that is determined at Meter Hosting sole discrestion to be incompatible. Examples of such use include a high number of support requests that concern perviously resolved issues and/or general usability, repeated posting of questions to which the answer is readily found in our knowledge base, and discussion of issues taht are not related to technical suppot.
Meter Hosting is not responsible for any lost or corrupted software or data. Meter Hosting strongly advises that Customer maintain a complete data backup and disaster recovery plan.
3. Disclaimer of All Warranties: Meter Hosting MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SUPPORT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN CONDUCTION SERVICES, OR ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS CONCERING THE REULTS TO BE OBTAINED FROM THE SUPPORT OR THE REUSLTS OF ANY RECOMMENDATION Meter Hosting MAY MAKE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS INCLUDING WITHOUT LIMITATION ANY WARRANTIES CONCERING THE PERFORMANCE, MERCHANTABILITY, SUIABILITY, NON-INFRINGMENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE DELIVERABLES OR OF ANY SYSTEM THAT MAY RESULT FROM THE IMPLEMENTATION OF ANY RECOMMENDATION Meter Hosting MAY PROVIDE. Meter Hosting RESERVES THE RIGHT TO MODIFY ITS WARRANTY RETROACTIVELY AT ANY TIME, AT ITS SOLE DISCRETION.
This section applies specifcally to those who have purchased the additonal ongoing updates service.
1. User must provide all content to be used for any updates be 12pm the day before the update is needed. Updates will be provide the following day after submitted. User must submitt all content using our automated ticketing system in your customer account.
2. For SEO addons, Meter Hosting will provide ongoing SEO SErvices and Search engine listing. Meter Hosting will make no guarantee as to any results due to the onging updates and SEO services.
3. Meter Hosting may limit, or terminate updating services, or may elect to not renew such service, if Customer uses the service in an irregular, excessive, abusive, or fraudelent manner, to be determined by Meter Hosting's sole discretion.
4. Services not included in such package are, but not limited to: Writing blog posts, mass content changing, full page redos, facelifts, and any structural changes. You may purchase additional packages for these services.
5. Updates are limited to four (4) working hours per month. Any Work perfomred outsite of this scope will be billed at the current hourly rate.
This section refers to the use of Meter Hosting's password safe specifically
1. Meter Hosting Provides the password safe service as a convenience whre users passwords may be stored and managed all in one place that is easily accessible from anywhere. This services is offered only at users request.
2. Meter Hosting uses high standard 2,048 bit encryption to protect users sentitive information. Furthermore, Meter Hosting uses a double encryption technique to protect your stored password.
3. Meter Hosting provides a Security Socket Layer (SSL) for user to use when dealing with senstive information. User is responsible to use the http://meterhosting.com website while dealing with any personal information.
4. User agrees that Meter Hosting does all it can in its power to encrypt and protect user passowrd, User understands that no amount of security is a guarantee of sensitive persona protection. User understands and agrees that use of our password safe is at users own risk.
5. In the unlikely event of a security breach, user agrees not to hold Meter Hosting, its employees, or any subsidairies of Meter Hosting accountable for their passwords.
6. User will notify Meter Hosting immediately via phone at 435-574-9936 if user has any reason to believe users account has been compromised. In this situation, user understands that communication by email or ticket support may only compromise them further, and must communicate solely through phone in this situation.
7. Meter Hosting will, at users request, provide a two-step authentication for user account. This measure adds an additional level of security to account by making an extra step in the login process. Meter Hosting recommends this step to further protect your data.
1. Types: Meter Hosting LLC provides, for purchase, dedicated servers with the options of managed or un-managed services.
2. Managed: Managed services are limited to four (4) working hours per month.
3. Un-Managed: Unmanaged services are limited to shell based support. Shell based service support is to include only the following: Crashed Servers, Restarting/Rebooting, and Complete rebuilds.
1. Waiver: The failure of either party to enforece at any time or for any period of time the terms of the Agreement shall not be constured as a waiver of such terms or the rights of such party thereafter to enfore each term contained herein.
2. Severability: If any term oo condition is held void or unenforceable, it shall be severed, and every other provision shall be enforced as if the void or uneforceable term or condition had never been a part hereof. The parties agree the court is entitled to read the otherwise invalid provision as narrowly as is necessary to make it valid and enforcable. Both parties hereby agree such scope may be judicially modified according in any enforcement procedding. Both Parties agree that the covenants contained herein are necessary for protection of legitimate business interests are are reasonable in scope and content.
3. Meter Hosting reserves the right to modify this Agreement at any time in its full and absolute sole discretion.
4. Governing Law: These terms shall be governed by the laws of the State of Utah without reference to conflict of law principles. The United Nations Convention on the Internation Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of Meter Hosting, Customer agrees that all disputes, if any, involving Meter Hosting shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Utah; provided, further, that all action brought against Meter Hosting in State court must be brought in Washington County, Utah, and if in Federal Court, in Salt Lake County, Utah. Customer hereby agrees that is is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Meter Hosting. Customer agrees that is has no right to and shall not file or otherwise bring a lawsuit against Meter Hosting outside the State of Utah; and, that Customer, if involved before a court in a lawsuit outside of the State of Utah, shall be deemed to support and to stipulate to a motion made by Meter Hosting to dismiss said lawsuit with respect to Meter Hosting.