iNetDown (“iNetDown,” “we,” “us,” or “our”), owns and operates this website. These Terms of Use (“Terms”) define your rights with respect the use or access of our services, software, and our website (the “Services”) and iNetDown hardware devices (“Products”). Please review these Terms carefully before using any Products or Services. By using or accessing our Products or Services, you signify your acknowledgement of and assent to the terms and conditions of use set forth below. These Terms (together with other user agreements, where applicable) constitute a binding legal agreement between you and iNetDown (this “Agreement”). Please review these Terms closely because they contain important agreements and disclosures about automatic subscription renewal and a class action waiver.

THIS AGREEMENT ALSO CONTAINS A BINDING ARBITRATION CLAUSE IN SECTION XV THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ALL SERVICES AND PRODUCTS. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

THIS AGREEMENT MAY NOT BE MODIFIED BY YOU IN WRITING OR OTHERWISE OR FOR ANY PURPOSE.

1. GENERAL

   If you use iNetDown’s Products and/or Services, or otherwise indicate your assent to the terms of this Agreement, you have accepted this Agreement and agree to be bound by its terms. This Agreement represents the entire understanding relating to your use of the Products and Services and prevails over any prior or contemporaneous, conflicting or additional written and/or oral communications between you and iNetDown. Other areas or pages of our website may include additional or different specific terms relating to the use of our Products or Services. In the event of a conflict between such specific terms and these Terms, the more specific terms shall control.
   
   In this Agreement the term “you” includes any person or entity who is the user of the Product and Services and creates an account associated with the Products and Services (the “User”) as well as any person or entity authorized to access or use the Products and Services (“Authorized Users”). Authorized Users are responsible for their own actions in connection with the Products and Services, but User hereby agrees to be fully responsible for all actions taken by Authorized Users relating to the Products, Services and account. As a result, if you are a User, you should exercise caution with respect to whom is allowed access your account, Products, and Services.
   
   By accepting the Terms of this Agreement below, you represent and warrant that you are of legal age in your jurisdiction to form a binding contract. If you are agreeing to these Terms on behalf of an organization or entity, you also represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind the entity or organization to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You further represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

2. CHANGES TO THIS AGREEMENT AND SERVICES

   Except as set forth in the Arbitration section below, you agree that iNetDown may revise these Terms or any other part of this Agreement at any time by updating this page. If iNetDown revises any Term that considers to be material to this Agreement, iNetDown will make reasonable efforts to notify you by placing a notice on the iNetDown.com website, notifying you through the Services, by sending you an email, and/or by some other means. By continuing to use our Services after such changes, and regardless of whether you have become aware of such changes, you are accepting the changes and are bound by them. Accordingly, you may wish to periodically review this Agreement for updates.
   
   As part of our efforts to improve the Products and Services over time, we may suspend or discontinue any part of the Products or Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Products or Services. Similarly, we reserve the right to add and/or remove any content from the Services at any time, for any reason, in our sole discretion, and without notice. iNetDown may to terminate (or suspend access to) your use of the Services or your account, for any reason in its discretion, including your breach of the Terms of this Agreement.

3. SUBSCRIPTIONS, CHARGES AND FEES

   Paid Subscriptions. You agree to pay all charges associated with the Products and Services, including but not limited to, activation, monthly service, payment processing fees, standard text messaging fees, your internet service provider’s fees, applicable federal, state, and local taxes and fees (if any), fees to recoup any municipal, state and federal fees or assessments on us, as well as any government imposed fees or taxes, whether imposed upon you or iNetDown, that become applicable retroactively. iNetDown will provide you with notice of applicable pricing contemporaneous with your account activation. We will also provide you with notification of any changes to our prices or fees; provided, however, that iNetDown may elect not to provide notice except where required by law of changes in fees that are occasioned as a result of changes to government taxes, fees or assessments.
   
   When you first set up your account, you may enroll in one or more of several different monthly and/or annual subscription plans, which will continue until you cancel your subscription. These subscription plans entitle you to access your iNetDown account, Product and/or Services for each payment period until such subscription is cancelled. Your paid subscription will automatically commence on the first day following the installation of an iNetDown Product and continue on a monthly or annual basis depending on your election when you first set up your Product. By submitting your payment details in conjunction with opening your account, you agree to this charge. To avoid this charge, you must cancel your iNetDown subscription by discontinuing the it via the iNetDown website. Prior to the start of the next annual or monthly subscription period. Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, iNetDown reserves the right to cancel your iNetDown subscription and to collect any rejection or insufficient funds fee and to process any such payment by the payment method you have submitted to us.
   
   Auto-Renewal of Paid Subscriptions. Unless you cancel your subscription as set forth above, any paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current rate. To change or discontinue your paid Services at any time, go to account settings or contact us. If you terminate a paid Service, you may use your subscription until the end of your then-current term and your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period, except as set forth in the Refund Policy below. Your non-termination or continued use of a paid Service reaffirms that we are authorized to charge your payment method for that paid Service. We may submit those charges for payment and you will be responsible for all such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, or as otherwise described when you initially selected to use the paid Service.

4. CANCELLATIONS, REFUNDS AND PAYMENTS

   Cancellation of Subscription Services

   You may cancel your iNetDown subscription by contacting us or through your iNetDown account, at any time, with or without cause. After your cancellation, you will continue to enjoy access to your iNetDown Product and Services until the last day of your subscription period.

   Refund Policy

   Prorated Subscription Refund. If you cancel your annual iNetDown Service subscription at any time within the first ten (10) months of your subscription period, you will be charged the monthly subscription fee (i.e., for the monthly subscription plan) for each month of your annual subscription period prior to your cancellation, and you will be eligible for a refund of fifty percent (50%) of the remainder of your annual subscription fee. We will not issue a refund for any unused portion of your monthly subscription after the first ten (10) months of your subscription. If you received other consideration for entering into a multi-year annual plan, such as a discount from a monthly subscription rate, no portion of the subscription fee will be refunded. No refunds will be given if our services are down because your internet provider’s service is down.

   Order Limits / End-User Customers Only

   iNetDown reserves the right, in its sole discretion, to refuse or cancel any order and limit order quantity. iNetDown may also require additional qualifying information prior to accepting or processing any order. iNetDown provides Products to approved resellers end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are obtaining Products to sell them.

5. ACCESS, USE AND RETURNS

   All right, title and interest in the Products, Services and our content provided through the Products and Services (including without limitation information, documents, logos, graphics, designs and images) are owned by iNetDown, its licensors, or designated third parties. Subject to these Terms, iNetDown grants you a limited, non-transferable, non-exclusive right to access and use the Services for the sole purpose of monitoring internet connectivity on your property and solely for your personal, non-commercial use.
   
   In order to utilize our services, you will need to have an internet service provider install internet access to your home/business, and you will need to maintain access from that provider during the entire time you utilize our services. You agree that if you choose not to use our text message alert service, unless you have wifi access separate from your internet access, you will be notified via email when your internet is reconnected after an outage, but you will not be notified via email on the internet connection to which our Products is wired at the time the internet outage begins. You will be required to sign up for an account and select a password and user name (“User ID”). You promise to provide iNetDown with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Also, you will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
   
   iNetDown Products, including hardware necessary to access the services, will be provided to you by iNetDown, for which you may be charged shipping and handling charges. Alternatively, you may pick up such hardware directly from iNetDown. You are not required to purchase any such hardware, nor will you be charged any leasing fee for its use. Upon cancellation of any subscription, however, you must return the Product to us within 30 days of such cancellation, and you will be responsible for all costs associated with associated with shipping the Product back to us.

6. INTELLECTUAL PROPERTY

   Nothing in this Agreement or in the Products or Services shall be construed as conferring any intellectual property right or license, including any right in the nature of a trademark, servicemark, patent, or copyright, of iNetDown or any third party, whether by estoppel, implication or otherwise. All such intellectual property is the property of its respective owner.
   
   Except as otherwise noted, iNetDown is the owner of all trademarks and servicemarks on or in the Products and Services, whether registered or not, including iNetDown. iNetDown expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links. All registered trademarks are registered in the United States of America (and/or other applicable jurisdictions).

7. UPDATES

   From time to time, iNetDown may develop updates, upgrades, patches and other modifications to improve the performance of the Services and/or the Products or for other reasons in its sole discretion (“Updates”). You agree that iNetDown may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.

8. USER COMMUNICATIONS

   iNetDown is pleased to hear from its customers. However, we do not accept or consider any unsolicited creative ideas, suggestions or other materials related to products, services or marketing. Anything you disclose or offer to us by or through our websites or our Services (“communications”), including e-mails to iNetDown or postings on interactive portions of our websites, shall be deemed and shall remain the property of iNetDown. If you send us such communications, you do so on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. iNetDown is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing, and marketing our Products or Services using such communications. By submitting communications to us through our websites, via e-mail, or by any means, you hereby RELEASE iNetDown from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any such communications. By uploading or otherwise providing any communications to our websites or to iNetDown, you hereby grant iNetDown, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such communications for any purpose and in any media without compensation to you.

9. PRODUCTS AND SOFTWARE

   Using our Products or Services including, but not limited to, our hardware or software, does not give you title to such Product, Service, hardware, or software, including any files, data and images incorporated in or associated with the software. Your use of any such items shall be only in accordance with these Terms. Our software is copyrighted by iNetDown or its licensor(s), and the hardware and software may be protected by one or more patents owned by iNetDown or its licensor(s). Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble or otherwise reverse engineer the hardware or software. Products and Services offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software. These Terms apply to your use of all the Products and Services.

10. INDEMNIFICATION

    To the fullest extent permitted by law, you acknowledge and agree that you will defend, indemnify and hold iNetDown harmless against all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with any claim brought against us by any third party as a result of your or your Authorized Users’ use of the Services and Products, notwithstanding the foregoing this indemnification shall not apply to claims based on iNetDown’s own willful, wanton, or intentional misconduct by iNetDown.

11. NO REPRESENTATIONS OR WARRANTIES

    iNetDown makes no representations or warranties that our Products or Services are free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of our websites or iNetDown’s computer systems.
    
    This website may contain errors and may not be complete or current. iNetDown, therefore, reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, pricing and availability. We reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order. We apologize for any inconvenience.
    
    EXCEPT FOR THE LIMITED WARRANTY PROVIDED ON OUR WEBSITE, OUR PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS,’ AND iNetDown DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE SERVICES. WE DO NOT WARRANT THAT OUR PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

12. EXCLUSION OF LIABILITY

    UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL iNetDown BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, THE PRODUCTS, OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

13. LIMITATIONS OF LIABILITY

    IN NO EVENT SHALL iNetDown’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. iNetDown DISCLAIMS ALL LIABILITY OF ANY KIND OF iNetDown’s LICENSORS AND SUPPLIERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL iNetDown BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
    
    YOU USE THE PRODUCTS AND SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD iNetDown HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE SERVICE, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE SERVICES.
    
    IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF YOUR STATE OF RESIDENCE, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

14. JURISDICTION AND CHOICE OF LAW

    iNetDown controls and manages the Services from its facilities in the State of Illinois in the United States of America. Unless otherwise stated, materials and content on the Services are presented solely for promoting Products and Services in the United States of America. Information published on the Products and Services may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on the Products or Services are legal, available or appropriate in your country or region.
    
    These Terms shall be governed by and construed in accordance with the laws of the State of Illinois and the United States of America, without giving effect to any principles of conflicts of law.

15. DISPUTE RESOLUTION

    Mandatory, Bilateral Arbitration and Waiver of Class Actions

    PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
    
    YOU AND iNetDown AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES AND OR PRODUCTS, TO THIS AGREEMENT, OR TO THE CONTENT, ANY RELATIONSHIP BETWEEN US SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court in your county of residence within the United States if your claims qualify; and (2) this agreement to arbitrate does not include your or iNetDown’s right to seek injunctive or other equitable relief in state or federal court in Illinois to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration.
    
    There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms. You agree that any such arbitration award against iNetDown shall be limited as set forth above.
    
    “Disputes” shall include, but are not limited to, any claims or controversies between you and iNetDown against each other related in any way to or arising out of in any way from this Agreement, the Services, the Products, the Content, and/or User Recording(s), including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and iNetDown, even if the claim arises after you or iNetDown has terminated Services or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) iNetDown brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and iNetDown, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with iNetDown; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.

    
    
    

    Dispute Notice

    Before initiating an arbitration, you and iNetDown each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be emailed to Admin@inetdown.com. We will provide a Notice of Dispute to you via the email address associated with your iNetDown account. You and iNetDown agree to attempt in good faith to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until a forty-five (45) day post-notice resolution period expires.

    *Arbitration Process and Procedure *

    If the parties do not reach an agreed upon solution within forty-five (45) days from the original Dispute Notice, then either party may initiate binding arbitration as the sole means to resolve claims, subject to these terms. Arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside or any reasonable location within the United States convenient for you. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
    
    WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. Further, unless both you and iNetDown expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
    
    If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
    
    YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND iNetDown ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
    
    The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
    
    The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and iNetDown each agree that all issues regarding the Dispute are delegated to the arbitrator to decide. Further, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. Subject to the limitations of liability set forth above, the arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

    
    
    

    Hearing

    If your claim does not exceed $10,000 (USD), you and iNetDown agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and iNetDown submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or iNetDown, or deemed necessary by the arbitrator, you and iNetDown agree that the hearing will be conducted telephonically or videographicaLly.

    Arbitrator’s Decision

    An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

    *Fees *

    It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, iNetDown will pay the additional cost. If your claim for damages does not exceed $5,000 (USD) and you follow the dispute notice procedure set forth above, iNetDown will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).

    *Small Claims & Government Actions *

    As an alternative to arbitration, you or iNetDown may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against iNetDown on your behalf.

    One Year Limitation Period.

    ANY OTHER PROVISION OF THIS AGREEMENT NOTWITHSTANDING, YOU MUST COMMENCE YOUR ACTION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED ON SUCH EVENTS OR FACTS. YOU MUST NOTIFY US OF ANY BILLING DISPUTE WITHIN 120 DAYS OF RECEIVING THE CHARGES YOU DISPUTE OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED ON SUCH EVENT OR FACTS. IF FOLLOWING SUCH NOTIFICATION THE DISPUTE IS NOT RESOLVED TO YOUR SATISFACTION YOU MAY COMMENCE AN ACTION IN ACCORDANCE WITH THIS AGREEMENT FOR UP TO ONE (1) YEAR FROM RECEIPT OF THE DISPUTED CHARGES.

    Changes to this Section

    iNetDown will provide you with sixty (60)-days’ notice of any changes to this section. Changes will become effective on the sixtieth (60th) day, and will apply prospectively only to any claims arising after the sixtieth (60th) day.

16. SEVERABILITY AND SURVIVAL

    If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.
    
    Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.

17. PRIVACY

    Please see our Privacy Notice for information regarding the collection and use of personal information collected through our Products and Services.
    
    Despite any representations concerning privacy, iNetDown reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

18. CUSTOMER SERVICE

    Questions concerning these Terms, requests for cancellation or refund of your iNetDown subscription, or other requests or questions should be directed to Admin@inetdown.com.