Meta tags:
description=Legal Nexcess was founded with the belief that we could realize the promise of technology. As we’ve done so, we’ve put together an incredible team as dedicated to fulfilling that vision as we were when we started. So that vision endures, we’ve put all our policies in one place. If you have any questions, get in touch. Policies Terms of Service Acceptable Use Policy (“AUP“) Privacy Policy (“PP“) Subpoenas Affiliate Agreement An Overview of PCI Compliance Trademark Infringement Policy Copyright Infringement Policy Website Accessibility Statement Terms of Service Agreement Revised October 1, 2020 – Prior versions can be found at. . .;

Headings (most frequently used words):

legal, terms, of, service, agreement, policies, previous, versions,

Text of the page (most frequently used words):
the (421), and (235), customer (207), web (164), any (162), liquid (161), agreement (116), for (102), this (99), shall (95), party (89), services (80), #service (68), other (64), that (63), all (56), its (53), not (52), such (51), with (50), may (50), will (46), use (42), under (42), information (42), third (40), order (40), data (38), provided (37), applicable (34), including (31), terms (28), termination (24), discloser (24), confidential (24), section (22), from (22), term (22), are (20), which (20), responsible (20), obligations (19), recipient (19), event (18), software (18), time (18), products (17), each (17), fees (17), equipment (17), otherwise (17), hardware (17), parties (16), available (16), access (15), has (15), without (15), notice (15), security (15), payment (15), one (14), written (14), set (14), forth (14), arbitration (14), support (13), provision (13), court (13), law (13), upon (13), days (13), rights (12), claims (12), action (12), breach (12), reasonable (12), have (12), non (12), than (12), liability (11), subject (11), right (11), claim (11), purpose (11), period (11), perform (11), level (10), been (10), suspension (10), necessary (10), charges (10), then (10), month (10), unauthorized (10), defined (10), nexcess (9), legal (9), warranties (9), provide (9), hereunder (9), against (9), agrees (9), request (9), within (9), herein (9), failure (9), performance (9), required (9), collectively (9), thirty (9), date (9), damages (9), related (9), indemnification (8), limitation (8), descriptions (8), prior (8), reasonably (8), only (8), arising (8), either (8), electronic (8), description (8), must (8), neither (8), liable (8), due (8), taxes (8), effective (8), https (8), www (8), jurisdiction (7), small (7), class (7), arbitrator (7), dispute (7), after (7), exclusive (7), into (7), extent (7), addition (7), pay (7), remedy (7), conditions (7), general (7), cure (7), unless (7), recurring (7), amount (7), charge (7), business (7), through (7), employees (7), notify (7), made (7), protection (7), bandwidth (7), day (6), website (6), policy (6), privacy (6), policies (6), orders (6), relating (6), part (6), those (6), proceeding (6), state (6), except (6), means (6), binding (6), laws (6), way (6), executed (6), first (6), more (6), deemed (6), agree (6), writing (6), default (6), connection (6), credit (6), obligation (6), network (6), cause (6), accordance (6), comply (6), regulatory (6), requirement (6), terminate (6), requirements (6), specified (6), act (6), disclosure (6), ccpa (6), changes (6), invoice (6), net (5), compliance (5), acceptable (5), before (5), covenants (5), between (5), used (5), express (5), provisions (5), legally (5), nor (5), entity (5), using (5), relief (5), representative (5), out (5), original (5), email (5), method (5), material (5), but (5), acknowledges (5), result (5), following (5), sent (5), mail (5), fails (5), when (5), violation (5), during (5), stored (5), account (5), monthly (5), early (5), form (5), sole (5), card (5), provides (5), caused (5), content (5), officers (5), directors (5), agents (5), loss (5), product (5), promptly (5), damage (5), property (5), personal (5), authorized (5), levels (5), installation (5), delivery (5), our (5), why (4), users (4), contact (4), resources (4), pci (4), partner (4), infringement (4), representations (4), expiration (4), together (4), warranty (4), affect (4), represents (4), united (4), states (4), person (4), conflict (4), contained (4), reason (4), federal (4), regarding (4), limited (4), should (4), whether (4), commence (4), individual (4), waiver (4), signatures (4), same (4), consent (4), good (4), entitled (4), costs (4), expenses (4), unable (4), regulation (4), authority (4), responsibility (4), name (4), actions (4), contractors (4), commercial (4), notices (4), foregoing (4), remedies (4), suspend (4), commercially (4), environment (4), based (4), terminated (4), public (4), described (4), continue (4), until (4), negligence (4), received (4), affiliates (4), lost (4), valid (4), continuing (4), appropriate (4), copies (4), permitted (4), ownership (4), associated (4), was (4), nda (4), who (4), technical (4), standards (4), additional (4), solely (4), liquidweb (4), com (4), exemption (4), late (4), make (4), chat (4), you (4), solutions (4), llc (3), site (3), application (3), cdn (3), add (3), hosting (3), copyright (3), affiliate (3), 2020 (3), entire (3), respect (3), matter (3), agreements (3), change (3), warrants (3), designated (3), national (3), prohibited (3), country (3), export (3), matters (3), hereby (3), construed (3), modify (3), competent (3), unenforceable (3), above (3), determine (3), can (3), enforceable (3), requests (3), requested (3), interpretation (3), thereof (3), governing (3), electronically (3), treated (3), approval (3), incorporated (3), hereto (3), respective (3), imposed (3), convenience (3), include (3), actual (3), materials (3), force (3), majeure (3), acts (3), governmental (3), agency (3), nothing (3), create (3), implied (3), behalf (3), own (3), payments (3), insurance (3), transaction (3), credits (3), efforts (3), suppliers (3), percent (3), effect (3), portion (3), below (3), interest (3), resulting (3), makes (3), becomes (3), proceedings (3), bankruptcy (3), renewal (3), referred (3), automatically (3), charged (3), current (3), three (3), programs (3), responsibilities (3), certain (3), paid (3), losses (3), injury (3), patent (3), obtain (3), disclose (3), retain (3), proprietary (3), enter (3), cpni (3), concerning (3), plans (3), standing (3), require (3), gdpr (3), maintaining (3), servers (3), courtesy (3), applications (3), times (3), life (3), over (3), remove (3), purchased (3), keys (3), hazard (3), interference (3), obstruction (3), purchase (3), certificate (3), funds (3), address (3), billing (3), usage (3), pursuant (3), pricing (3), these (3), accept (3), 2022 (2), family (2), brands (2), events (2), about (2), company (2), systems (2), wordpress (2), certificates (2), development (2), back (2), statement (2), trademark (2), versions (2), survive (2), representation (2), kind (2), expressly (2), foreign (2), list (2), nuclear (2), weapons (2), destruction (2), regulations (2), administrative (2), located (2), reference (2), tariffs (2), facilities (2), interpreted (2), avoid (2), enforce (2), commenced (2), courts (2), michigan (2), gives (2), jury (2), issues (2), responding (2), proceed (2), appointment (2), administratively (2), closed (2), decided (2), maintain (2), resolving (2), enforcement (2), alleged (2), jams (2), procedures (2), bring (2), resolution (2), utilizing (2), correction (2), clarification (2), communication (2), utilized (2), two (2), counterparts (2), constitute (2), facsimile (2), entered (2), declared (2), invalid (2), illegal (2), declaration (2), remaining (2), would (2), professional (2), strict (2), attorney (2), work (2), difficulties (2), deliver (2), obligated (2), affected (2), causes (2), beyond (2), similar (2), civil (2), relationship (2), personnel (2), subcontractors (2), withholding (2), beneficiaries (2), update (2), continued (2), constitutes (2), contemplated (2), airmail (2), courier (2), counsel (2), addresses (2), designate (2), assigns (2), assign (2), operation (2), assignment (2), nature (2), logo (2), notwithstanding (2), determines (2), cooperate (2), investigation (2), protect (2), advance (2), customers (2), suspended (2), causing (2), incurs (2), prepaid (2), hundred (2), 100 (2), number (2), months (2), equal (2), commission (2), practicable (2), impacted (2), further (2), providing (2), receives (2), defaults (2), option (2), cease (2), processing (2), deposit (2), equitable (2), nonpayment (2), individually (2), receipt (2), case (2), ten (2), sooner (2), initial (2), renew (2), selected (2), basis (2), rates (2), regardless (2), transmission (2), premises (2), alteration (2), procedure (2), wrongful (2), where (2), fault (2), omission (2), furnished (2), cases (2), direct (2), immediately (2), limit (2), recoverable (2), special (2), experience (2), even (2), advised (2), intends (2), seek (2), take (2), adverse (2), cost (2), expense (2), indemnify (2), defend (2), hold (2), harmless (2), hereof (2), omissions (2), misuse (2), trade (2), threatened (2), refund (2), return (2), destroyed (2), process (2), protective (2), waives (2), furnish (2), exercise (2), anyone (2), license (2), apply (2), possession (2), confidentiality (2), know (2), less (2), dedicated (2), financial (2), how (2), considered (2), clearly (2), marked (2), particular (2), disclosing (2), assumes (2), operate (2), properly (2), individuals (2), organizational (2), duly (2), formed (2), possesses (2), stores (2), california (2), consumer (2), provider (2), specific (2), their (2), assist (2), dpa (2), industry (2), dss (2), org (2), does (2), phi (2), hipaa (2), health (2), title (2), backups (2), given (2), sensitive (2), contractual (2), becoming (2), ensuring (2), abide (2), could (2), well (2), grants (2), included (2), attached (2), media (2), maintenance (2), refundable (2), point (2), shipment (2), identified (2), your (2), assessments (2), creditworthiness (2), returned (2), insufficient (2), reimburse (2), disputed (2), amounts (2), approved (2), via (2), linking (2), capability (2), hot (2), remains (2), internet (2), transfer (2), next (2), increase (2), follows (2), performed (2), manufacturer (2), phone (2), periodically (2), check (2), online (2), covered (2), improved (2), updates (2), vision (2), put (2), get (2), sign (2), shop (2), now (2), cookies (2), oct (2), reserved, choose, trust, student, discount, partners, careers, newsroom, centers, reviews, faq, search, white, papers, tools, webinars, status, store, builders, podcast, blog, knowledge, base, home, lms, fundraising, plugins, free, migration, dns, stack, features, domain, registration, ssl, containers, sites, autoscaling, ons, enterprise, flexible, cloud, craft, cms, expressionengine, sylius, drupal, storebuilder, woocommerce, magento, channel, program, money, guarantee, accessibility, overview, subpoenas, aup, sla, previous, survivability, embodies, understanding, supersedes, oral, understandings, covenant, interpret, restrict, department, treasury, office, asset, controls, specially, blocked, persons, whom, design, manufacture, production, stockpiling, chemical, biological, mass, missiles, listed, groups, supplement, 740, administration, natural, government, private, embargoed, highly, restricted, incorporates, govern, tariff, cannot, prevail, confirm, vacate, award, held, litigation, ingham, county, irrevocably, consents, purposes, doing, taken, also, participate, determined, neutral, judge, arbitrability, grant, decisions, overturned, very, reasons, filed, chooses, circumstances, administered, streamlined, rules, exception, exclusivity, governed, according, regard, principles, example, clicking, box, confirming, docusign, requires, availability, faxed, emailed, signature, pages, instrument, photocopies, transmissions, reproductions, reproduced, executable, said, ineffective, fundamental, negotiate, faith, respecting, amendment, preserve, fullest, possible, originally, severability, descriptive, headings, exhibit, construction, derivatives, mean, active, complete, negotiations, favor, advisers, participated, preparation, insist, waivers, brought, because, misrepresentation, successful, prevailing, recover, incurred, strikes, lock, outs, stoppages, labor, long, allowance, extended, control, god, fire, flood, storm, explosion, terrorism, vandalism, catastrophes, direction, military, emergencies, insurrections, riots, wars, unavailability, partnership, joint, venture, employer, employee, assume, bind, wages, workman, compensation, hours, employment, creates, virtue, delete, reflected, acceptance, amendments, 2703, ena, drive, lansing, 48917, attn, acquires, substantially, capital, stock, assets, successors, voluntarily, effects, merger, marks, press, releases, positively, publicize, uses, portal, publications, publicity, unused, referral, forfeited, some, being, certainty, suspected, believes, accessed, chance, judgment, immediate, imminent, significant, operational, integrity, risk, suspensions, relieve, lifted, fifteen, deny, destroy, compromised, server, discretion, allow, sixty, cancellation, outstanding, invoices, still, owed, flat, rated, multiplied, cancelled, communications, utilities, rule, canceling, changing, superseding, modified, mutually, consistent, intent, modifications, paying, discontinued, completed, accepting, manually, generated, reports, draw, letter, assurance, pursue, entitle, collect, pursuing, ceases, conducting, normal, course, admits, insolvency, benefit, creditors, judicial, receivership, reorganization, avoidance, doubt, continues, specifying, sometimes, thereafter, successive, year, periods, intention, least, last, expires, arose, theft, files, accident, devices, transmitted, successor, exceed, six, preceding, giving, rise, subsidiaries, incidental, consequential, indirect, punitive, profits, revenues, opportunity, incur, however, whatever, theory, possibility, types, limitations, seeking, consequences, indemnified, cooperation, participation, defense, indemnifying, manner, might, arise, death, gross, willful, demands, fines, penalties, attorneys, infringes, misappropriates, secret, revise, they, longer, infringing, pro, rata, pre, yet, misappropriation, acknowledge, irreparable, inadequate, therefore, temporary, restraining, injunctive, prevent, violations, impossible, certify, totally, permanently, disposal, years, duration, compelled, deposition, interrogatory, subpoena, investigative, demand, obtained, opinion, treatment, disclosures, intellectual, implication, convey, invention, owned, already, lawful, demonstrates, lawfully, independently, developed, reliance, separate, supersede, excluding, exceptions, disclosed, reveal, consultants, need, restrictive, restrictions, pending, patents, secrets, sketches, drawings, designs, specifications, concepts, ideas, inventions, processes, apparatus, algorithms, formulas, treat, code, 222, center, processed, orally, memorandum, delivered, receiving, tangible, intangible, printed, items, embodying, graphs, photographs, samples, working, models, prototypes, exposed, definitions, total, intrusion, statutory, merchantability, fitness, excluded, disclaimed, disclaimer, meet, diligent, workmanlike, fashion, trained, qualified, power, execution, consummation, transactions, thereby, organization, validly, existing, ability, throughout, mutual, 2019, certifies, acting, accordingly, performing, retaining, soon, forward, wishing, response, inform, passed, along, complying, 2016, 679, notification, execute, addendum, processor, utilize, cardholder, council, pcisecuritystandards, accountability, 1996, amended, ensure, compliant, associate, baa, includes, protected, subtitle, portability, hitech, backup, assistance, corrupted, shareholders, representatives, gains, precautions, encrypt, others, aware, accounts, steps, reported, determining, reviewing, hosted, run, remain, sustaining, expected, catastrophic, whole, licenses, permits, approvals, domestic, having, international, statutes, codes, specifically, unsolicited, messages, open, alter, tamper, markings, labels, serial, numbers, damaged, stolen, while, repair, replacement, safeguard, permit, placement, accommodate, physical, disability, tasked, monitoring, job, functions, post, relocate, enabling, transferable, embedded, owns, acquire, subsequent, whereby, documentation, assigned, interface, configuration, selection, compatibility, impairs, nonetheless, notifies, likely, eliminate, corrected, become, obsolete, modification, modifying, altering, replacing, reception, setup, refunds, shipments, exw, coverage, transportation, full, price, authorizes, file, record, documents, deems, perfect, shipping, profile, surcharges, pertaining, income, maintains, tax, bill, undisputed, impose, half, maximum, rate, unpaid, balance, per, bank, annually, establish, guaranteed, collecting, past, methods, most, another, later, page, invoiced, directed, activated, bundled, packages, transfers, calculated, outgoing, exceeds, package, overage, fee, enable, greater, increases, providers, obscure, appear, reselling, pass, facilitate, utilization, live, detailed, various, submitting, contain, precedence, ordering, contains, type, published, new, substitute, simply, discontinue, attachment, ithemes, entering, activation, framework, rejects, forms, different, revised, october, found, endures, place, questions, touch, founded, belief, realize, promise, technology, done, incredible, team, fulfilling, were, started, black, friday, starts, off, premium, managed, interested, understand, interact, personalize, streamline, tailor, advertising, wayback, machine, http, archive, 20221128122952, timestamps, capture, fail, success, 2023, 2021, dec, nov, aug, 2004, 2025, 111, captures,

Text of the page (random words):
ll applicable taxes the process for maintaining this information is described at https www liquidweb com kb your account profile 2 7 shipping all shipments of third party products by liquid web to customer are exw point of shipment any insurance coverage transportation costs and all other expenses applicable to shipment from liquid web to customer s identified point of delivery will be the responsibility of the customer customer grants liquid web a security interest in and to the third party products as security for payment in full of the purchase price customer authorizes liquid web to file and or record any documents it deems necessary to perfect this security interest 2 8 refunds except as otherwise provided herein or in the applicable service level agreement customer shall not be entitled to any refund for any services purchased hereunder setup fees are not refundable 3 responsibilities of customer 3 1 equipment hardware and software 3 1 1 customer is responsible for the installation operation and maintenance of hardware or software not provided by liquid web including ensuring the same is up to date liquid web is not responsible for the transmission or reception of information by such hardware or software 3 1 2 customer is responsible for the selection use and compatibility of hardware or software not provided by liquid web if hardware or software not provided by liquid web impairs customer s use of the services customer is nonetheless liable for payment for services if liquid web notifies customer that the hardware or software not provided by liquid web is causing or is likely to cause hazard interference or service obstruction customer must eliminate the hazard interference or service obstruction liquid web may suspend the provision of service until the hazard interference or service obstruction is corrected if requested by customer liquid web may at its then current rates assist customer with resolving technical difficulties caused by hardware or software not provided by liquid web if any changes in service cause hardware or software not provided by liquid web to become obsolete require modification or alteration or otherwise affect performance of such hardware or software customer not liquid web is responsible for modifying altering or replacing the hardware or software 3 1 3 if customer provides its own equipment to interface with the services customer is responsible for the installation maintenance and configuration of the equipment 3 1 4 for the sole purpose of enabling customer to use services liquid web grants to customer a non exclusive and non transferable license to use software that may be provided with or included in the services liquid web or its suppliers retain title and property rights to liquid web provided software and equipment whether or not it is embedded in or attached to customer s hardware customer neither owns nor will it acquire any claim or right of ownership to a any liquid web provided equipment not purchased by customer b any software including the original media and all subsequent copies of the software regardless of the media s form including product keys provided by third parties whereby the keys are for customer s exclusive use and continued use of such keys beyond termination of any service order or this agreement is prohibited and associated documentation including copies and c any ip addresses assigned to customer 3 1 5 liquid web is responsible for maintaining its software and hardware in accordance with the terms of this agreement customer agrees not to open alter misuse tamper with or remove the software and equipment required to operate the service customer will not remove any markings or labels or serial numbers from the equipment if the equipment is damaged destroyed lost or stolen while in customer s possession customer shall be liable for the cost of repair or replacement of such equipment customer will safeguard the equipment from loss or damage of any kind and will not permit anyone other than an authorized representative of liquid web to perform any work on the equipment prior to installation of the hardware customer shall notify liquid web of any special requirements regarding the placement of the hardware at customer s premises to accommodate all customer s employees agents and contractors with a physical disability who are tasked with monitoring such hardware in order to perform their job functions any request post installation to relocate the hardware will result in additional non recurring charges 3 2 compliance customer shall obtain all applicable licenses permits and approvals for the use of the services or third party products required by any governmental agency foreign or domestic having jurisdiction over the transaction customer and its users shall use the services in compliance with all applicable state federal or international laws statutes or codes specifically including data protection and privacy laws as well as laws relating to unsolicited commercial electronic messages 3 3 acceptable use customer is responsible for all acts and omissions of its users in connection with receipt or use of the services and customer and its users shall at all times abide by liquid web s acceptable use policy available at https www liquidweb com customer will not use the services or third party for life support life sustaining nuclear or other applications in which failure of such services or third party products could reasonably be expected to result in personal injury loss of life or catastrophic property damage customer agrees that liquid web is not liable in whole or in part for any claim or damage arising from use of services or third party products in such applications 4 data protection and security 4 1 customer data customer is solely responsible for the security and content of all customer data stored in liquid web s hosted environment and any data applications or third party services run in or through the liquid web provided environment customer data and customer data is and at all times shall remain customer s exclusive property 4 2 legal requirements customer is solely responsible for determining if any customer data must comply with any law standards and policies including without limitation those related to data privacy and security collectively referred to herein as the legal requirements and ensuring that the customer data does comply with all applicable legal requirements customer acknowledges and agrees that liquid web has no way of reviewing customer data 4 3 security customer shall encrypt at the application level all sensitive customer data sensitive customer data means customer data that is required to be treated as confidential under state or federal law or under customer s contractual obligations to others information customer shall promptly notify liquid web upon becoming aware of any data breach or unauthorized access to liquid web s network or servers and accounts customer will take all commercially reasonable steps to cooperate with liquid web s investigation and resolution of the reported breach or unauthorized access notwithstanding the foregoing customer acknowledges and agrees that liquid web makes no representation or warranty regarding the security of its services 4 4 access and use liquid web is not responsible to customer for unauthorized access to customer data or unauthorized use of the services through authorized or unauthorized access provided by customer to third parties customer is responsible for the use of the services by any of customer s employees affiliates officers directors shareholders agents or representatives or any other third party given access to the service and any third party who gains access to customer data or services as a result of customer s failure to use reasonable security precautions even if such access was not authorized by customer 4 5 backups customer shall be responsible maintaining all backups for all customer data on liquid web s servers in the event liquid web provides backup assistance on its servers it is provided without additional charge as a courtesy courtesy support to customer liquid web has no liability for any lost or corrupted customer data resulting from the provision of courtesy support 4 6 hipaa and hitech act customer shall immediately notify liquid web if any of the data in the applicable service environment includes protected health information phi as that term is defined title ii subtitle f of the health insurance portability and accountability act of 1996 as amended if the data does include phi customer shall ensure customer is utilizing a hipaa compliant service and the parties shall enter into a business associate agreement baa 4 7 payment card industry data security standards pci dss if as necessary to perform its obligations under the agreement liquid web possesses or otherwise stores cardholder data as that term is defined by the payment card industry data security council https www pcisecuritystandards org on behalf of customer liquid web and customer agree that each party is responsible as may be designated in the applicable service description for those certain pci dss requirements as applicable 4 8 eu general data protection regulation customer shall notify liquid web if it intends to use liquid web services with customer data that is subject to protection under general data protection regulation 2016 679 gdpr such notification shall require the parties execute a data protection addendum dpa under which liquid web will be a processor as defined under the gdpr on behalf of customer customer may not utilize any services with customer data that is subject to gdpr protection until such time as the parties have executed a dpa 4 9 california consumer privacy act if as necessary to perform its obligations under the agreement liquid web possesses or otherwise stores personal information as that term is defined by the california consumer privacy act of 2019 ccpa made available by customer liquid web certifies that it is acting as a service provider as defined under the ccpa accordingly liquid web will not retain use or disclose personal information provided or otherwise made available by customer for any purpose other than the specific purpose of performing the services under this agreement or as otherwise permitted by the ccpa including retaining using or disclosing such personal information for a commercial purpose other than providing the services unless prohibited by applicable law liquid web shall as soon as reasonably practicable forward to customer all requests received from individuals wishing to exercise their rights under the ccpa liquid web s only response to individual requests shall be to inform the individual that such request has been passed along to the appropriate party unless otherwise required by the ccpa if requested by customer liquid web shall reasonably assist customer at customer s expense in complying with customer s obligations under the ccpa 5 representations warranties and covenants 5 1 mutual representations and warranties each party represents warrants and covenants that as of the effective date and continuing throughout the term of this agreement 5 1 1 it is an organization duly formed validly existing and in good standing under the laws of the state in which it is formed and in good standing in each other s jurisdiction where the failure to perform in good standing would have a material adverse effect on its business or its ability to perform its obligations hereunder 5 1 2 it has all necessary organizational power and authority to enter into this agreement and each order and to perform its obligations hereunder and the execution of this agreement and each order and consummation of the transactions contemplated thereby have been duly authorized by all necessary organizational actions on its part 5 1 3 this agreement constitutes a legal valid and binding obligation of such party enforceable against it in accordance with its terms 5 1 4 it shall comply with all laws in connection with the services and otherwise under this agreement 5 2 liquid web representations warranties and covenants liquid web represents warrants and covenants that 5 2 1 it will perform the services in a diligent professional and workmanlike fashion using an appropriate number of properly trained and qualified individuals 5 2 2 it will provision the services to operate within the technical standards of performance or service levels if any set forth in the applicable service description service level agreement or order customer s sole and exclusive remedy for any failure to meet the applicable technical standards of performance or service levels shall be as specified in the applicable service description service level agreement or order 5 3 disclaimer of warranties customer assumes total responsibility for use of the services third party products and any applicable equipment liquid web has no responsibility for the security loss intrusion or unauthorized access of stored data or any loss or damage caused by any action omission or failure to comply with the terms of this agreement by customer all products and services provided or otherwise made available by liquid web are provided on an as is basis and liquid web makes no warranty to customer or any other person or entity whether express implied or statutory including without limitation the implied warranties of non infringement merchantability and fitness for a particular purpose as to any service third party product or equipment provided hereunder or described herein or as to any other matter all of which warranties by liquid web are hereby excluded and disclaimed 6 confidential information 6 1 definitions as to any particular confidential information the discloser is the party disclosing the confidential information and the recipient is the party receiving the confidential information confidential information means any information whether tangible or intangible printed electronic or otherwise and items embodying information including graphs photographs samples working models and prototypes at any time furnished by discloser to recipient or to which recipient is exposed during the term of this agreement including without limitation a information concerning discloser s business and business plans b financial information concerning discloser and its affiliates c information concerning discloser s pending patents or other trade secrets d discloser s sketches drawings designs and specifications e discloser s concepts ideas inventions know how processes apparatus equipment algorithms and formulas and f information from third parties that discloser is obligated to treat as confidential customer proprietary network information cpni as defined by united states code 47 u s c 222 h 1 shall be considered to be the confidential information of customer customer s data stored at liquid web s data center s or stored on or processed on liq...