Hostward.com Terms of Services
ACCEPTANCING THE TERMS OF SERVICE
As a requirement to using the services Hostward.com provides, you, for yourself and for the company or other person(s), if you represent any ("Subscriber" or "Subscribers", as applicable), hereby agree and accept that you are legally bound by the following Terms of Service ("Terms"). The following Terms are effective immediately between Hostward and its affiliates and subsidiaries ("Hostward.com") and the Subscriber. All individual subscribers are subject to these Terms, and by using the services of Hostward.com’s, systems and/or network (collectively the "Services"), the Subscriber agrees to be subject to and legally bound by all the conditions included in these Terms, and this also includes all the usage policies and all the other policies herein. These Terms are also incorporated into the individual service agreement of each Subscriber.
Subscriber warrants and represents any individual legally competent and at least 18 years of age, corporation, limited liability company, partnership, or other legal entity in good standing and in possession of the legal power to accept the Terms and be bound by these Terms. Also, Subscriber represents that neither he, she, it, or any entity represented by it, he, or she, is prohibited under any part of section 13 of the Terms from signing up or subscribing to any of the Services from Hostward.com. Furthermore, Subscriber warrants and represents all the information the Subscriber provides to Hostward.com is complete, current, and accurate. Subscriber must also continue to provide accurate, complete, and current information to Hostward.com and agrees to update all information whenever necessary to keep all information on file accurate, current, and complete. Even though subscribers of any paid services Hostward.com offers must be 18 years of age and legally competent to accept and be bound by these Terms, a legal guardian or parent of a minor may open an account on the behalf of a minor, and by doing so, consents to the minor’s use of the services. In this even the parent or legal guardian of the Subscriber is fully responsible for the actions of the minor’s use of any services provided by Hostward.com and accepts and agrees to be legally bound by these Terms.
Hostward.com intends on providing the best possible website and blog hosting service to each of its Subscribers. Hostward.com is also dedicated to staying informed of the newest and best technologies in order to provide the best possible hosting for our Subscribers. However, because of the continually changing technologies, laws and the needs our Subscribers, Hostward.com reserves the right, in its sole discretion, to modify, change, remove or add any part of these Terms at whenever necessary with or without notice.
The most current version of these Terms is always available at
www.Hostward.com/terms.
Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the Hostward.com website, shall constitute Subscriber’s acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, they have the right to cancel their account as set forth in Paragraph 3 below.
Notwithstanding Hostward.com’s right to alter these Terms without prior notice, Hostward.com may, within its sole discretion may provide Subscribers with 7 days advanced notice of any changes of these Terms if it appears to Hostward.com, that the changes may adversely impact the Subscriber’s use of the Services.
The Subscriber’s use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the Domain Registration Agreement located at http://api.fastdomain.com/terms.html and has read the Registrant Rights and Responsibilities located at http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.
TERM – RENEWAL AND PAYMENT OF ACCOUNT
Term of Service - The term of Subscriber’s subscription to the Services commences upon Subscriber’s acceptance of these Terms and terminates as set forth in Paragraphs 2.05 and 3.01.
Payment – Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to keep current all billing information, email and all other contact information. It is the Subscriber’s responsibility to verify the information submitted is accurate to insure proper billing.
Automatic Renewal – As a courtesy, fifteen (15) days prior to the expiration of Subscriber’s Hosting Account HostWard.com will automatically renew Subscriber’s Hosting Account by charging the applicable fee for the non-promotional rate to Subscriber’s current method of payment on file. The initial term of this Agreement shall be as set forth in the Registration Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to User, and after the Initial Term, this Agreement shall continue for successive periods of equal length as the Initial Term or such other Term and price that shall be set forth in a notice to the customer at least 24 hours prior to the commencement of such successive period or renewal period. In the case of insufficient funds we will attempt to collect at a partial term quantity to continue service as per contract. Additionally after the initial Term, you acknowledge, agree and authorize us to automatically bill and/or charge on your credit card for successive or renewal periods, unless terminated by either party as provided in this section.
Cancellation of Automatic Renewal of Account – Subscriber agrees to notify HostWard.com of Subscriber’s intent to cancel automatic renewal at least fifteen (15) business days prior to the account expiration date, by sending via email to billing@Hostward.com. This request must include verification of ownership of the hosting account, as determined by HostWard.com.
REFUND POLICY – SERVICE CANCELLATION
Cancellations and Refunds – Hostward.com provides a 30-day money back guarantee for new hosting account registrations, subject to the following terms and conditions:
Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates and Check Refunds of $10.00 or less are non-refundable due to processing fees.
Notice of Cancellation – Subscriber agrees to direct all cancellation requests to Hostward.com via email, billing@Hostward.com. The cancellation request must include verification of ownership of the hosting account, as determined by Hostward.com. Subscriber must also confirm to Hostward.com that all files, emails, and databases are backed up somewhere other than on Hostward.com server space. Once confirmed the cancellation can be fully processed.
Reversal of Payment and Chargebacks – In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures and process, the Subscriber will be responsible for a $50.00 billing service fee.
PROPRIETARY RIGHTS
These Terms do not give Subscriber any rights in Hostward.com technology or intellectual property. Hostward.com and any related logos and trademarks are the exclusive property of Hostward.com. Hostward.com and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party.
OWNERSHIP AND SECURITY
Site Security – Hostward.com uses sophisticated means to secure the services used by the subscriber. It is exclusively Subscriber’s obligation to control and maintain passwords to Subscriber’s web site(s), and Subscriber is exclusively responsible for all activities in connection with Subscriber’s user name, password; as well as any and all programs or scripts added to the account by the Subscriber. Subscriber agrees to immediately notify Hostward.com of any unauthorized uses of the Service or any other security breaches. Hostward.com is not liable for any damages or losses of any kind, under any legal theory, caused by the Subscriber’s failure to comply with the security obligations. It is the subscriber’s responsibility to update and secure any files, programs, or scripts within the cpanel.
Control and Access – When a new account, as applicable, is registered with or transferred to Hostward.com, the process requires and results in the creation of the following records of Hostward.com, in association with this specific new account: i) registering person’s name; ii) email address; iii) user name; iv) password; and, v) subscriber’s payment information, such as Visa, MasterCard, Discover, American Express etc., Credit Card Number & name, etc.
If a person contacts Hostward.com and claims that he or she is entitled to access to an account registered with Hostward.com, but is without access, Hostward.com will give access to the person who can show evidences he or she has substantially all of the following: i) name of the person who originally registered .; ii) email address.; iii) the user name., if possible; iv) the associated payment information of the person who registered and this is mandatory. ); and, v) a photo identification evidencing she or he is the rightful possessor and user of said credit card or payment medium, also mandatory. Otherwise, Hostward.com will not give access and control to a claimant unless Hostward.com is served with a valid order of a court, agency, or appropriate Internet controlling entity requiring Hostward.com to give such access and control to said claimant or unless there is submitted to Hostward.com at legal@Hostward.com a written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account, Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of Hostward.com shall not be deemed effective to give notice to Hostward.com of any changes in said access or control.
Subscriber accepts said access and control policy, agrees not to bring any lawsuit or otherwise against Hostward.com arising out of its following said policy, agrees immediately to dismiss any lawsuit so brought, and hereby releases Hostward.com from all liability and all claims for damages or any other liability whatsoever that may arise out of Hostward.com’s following said policy.
License to Hostward.com – Hostward.com claims no ownership interest in the content of Subscriber’s web site(s). By submitting content and data to Hostwaed.com, Subscriber grants to Hostward.com, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber’s copyrights and other
rights, if any, in all material and content displayed in Subscriber’s web site to use, display, distribute, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on Hostward.com’s servers during the term of these Terms. Subscriber also authorizes the printing and downloading of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber’s cancellation of the Services as set forth in Paragraphs 2.01 and 3.0.
Ownership Transfer – Hostward.com is not responsible to determine ownership of websites hosted by or accounts opened withHostward.com. By accessing Hostward.com’s system, registering, or using any of the services provided by Hostward.com, the Subscriber, or any other person accessing, registering, or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites and accounts, is accurate, true, and complete in each material detail. Any disputes arising regarding the ownership of any account or website opened with, hosted by, or registered with Hostward.com are subject to the terms and conditions of Section 5.5 of these Terms.
Hostward.com will recognize a change of ownership with Hostward.com only in the event that one of the following occurs: i) a written statement is received by the Compliance Manager (tos@Hostward.com) containing the notarized signature of the original owner of the account confirming the transfer of the account to the new owner. A notarized signature of the claimant must also be present agreeing to the Terms of Service; or, ii) Hostward.com is served with a valid order of a court, agency, or appropriate internet controlling entity, requiring Hostward.com to transfer such ownership to said claimant.
Subscriber accepts and acknowledges all policies and procedures in regards to the transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within Hostward.com; and, further, that any other changes made directly by Subscriber or by others within the online records of Hostward.com shall not be deemed effective to give notice to Hostward.com of any changes in said ownership.
Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within Hostward.com; and, further, that any other changes made directly by Subscriber or by others within the online records of Hostward.com shall not be deemed effective to give notice to Hostward.com of any changes in said ownership.
Disputing Account Ownership – Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by Hostward.com or in an associated Hostward.com account. Hostward.com is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by Hostward.com or in an associated Hostward.com account, and, in Hostward.com’s sole judgment, there is no certainty as to the ownership of or rights in said site or account, then Hostward.com will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) is/are and in a manner which relieves Hostward.com of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what Hostward.com, in its sole judgment, deems to be a reasonable time, then Hostward.com, at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of Illinois, file an interpleader action in a court of competent jurisdiction within the State of Illinois for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) of said site and/or associated account shall be obligated to reimburse Hostward.com for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to Hostward.com under this section 5.03 shall be deemed due and payable immediately upon forty five (45) days after judgment or settlement is reached in said interpleader action. Failure of the rightful owner of said site and/or associated account to cause Hostward.com to be timely paid in full all of said amounts shall be deemed a breach of these Terms, shall subject the account to immediate termination, and shall entitle Hostward.com to a judgment against said rightful owner for all costs and all of Hostward.com’s expenses relative to said interpleader action including without limit all of Hostward.com’s court costs and reasonable attorney fees. No rights enumerated in this section 5.03 shall in any way diminish any other rights of Hostward.com enumerated in any other section of these Terms or otherwise available to Hostward.com at law or in equity.
UNLIMITED USAGE POLICIES AND DEFINITIONS
Definition of Unlimited – Hostward.com does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, Hostward.com makes every commercially reasonable effort to provide its Subscribers with all the bandwidth and storage resources needed to power their web sites successfully, as long as the Subscriber’s use of the service complies with these Terms. By not setting limits on key resources, we are able to provide consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
What Unlimited DOES NOT mean – Hostward.com employs complex mechanisms to protect its Subscribers and systems from abuse. Hostward.com’s offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.
Hostward.com’s service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. Hostward.com’s service is designed to meet the typical needs of small and home business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, corporations, internationally based businesses, or non-typical applications better suited to a dedicated server.
Hostward.com will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to larger and newer shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Hostward.com does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Hostward.com can evaluate said sites resource needs.
Unlimited Hosting Space; excessive MySQL files.Hostward.com does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber’s website, nor does Hostward.com charge additional fees based on an increased amount of storage used, provided the Subscriber’s use of storage complies with these Terms. Please note, however, that the Hostward.com service is designed to host websites. Hostward.com does NOT provide unlimited space for online backups, storage, or archiving of electronic files, log files, documents, etc., and any such prohibited use of the Services will result in the termination of Subscriber’s account, with or without notice. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Hostward.com may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber’s account, with or without notice.
Unlimited File Transfer – Hostward.com does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Hostward.com charge additional fees based on increased use of bandwidth, as long as the Subscriber’s use of the Services complies with these Terms. In most cases, a Subscriber’s web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Hostward.com reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
Unlimited Domain Hosting = Hostward.com does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber’s web hosting account.
COOKIE POLICY
General Purposes – Hostward.com understands that many of its Subscribers are concerned about "cookies", which are electronic collections of information stored on the local computer of a person using the worldwide web and which are used chiefly by websites to keep track of visitors and registered users and to relate one computer transaction to a later one. Hostward.com provides this Cookie Policy to let the Subscriber know how Hostward.com uses this technology. Hostward.com uses cookies to help improve its web hosting services and website. Most importantly, to provide Hostward.com’s existing Subscribers with the opportunity for increased convenience, and continued savings.
Hostward.com uses cookies to inform Hostward.com of a repeat visit. The cookie does not tell Hostward.com who a visitor is or any of the sensitive information associated with the visitor.
Cookies for Account Management – For Hostward.com Subscribers, Hostward.com uses cookies to store user names for added convenience to the Webmaster. As part of our Hostward.com web hosting package, Hostward.com offers password-protected, web-based management tools. By storing a Subscriber’s username in a cookie, the Webmaster will not have to fill out form fields each time he or she manages the account. Hostward.com is dedicated to using the newest technologies in order to simplify our Subscribers’ experience.
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PROHIBITED USES
Breach of Terms and Account Termination – The uses of Hostward.com Services set forth in this section 9 herein below are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber ( as determined in the sole discretion of Hostward.com) constitutes a material breach of these Terms and will subject Subscriber’s account to immediate termination without notice.
Spamming – Spamming, whether or not it overloads the Services or disrupts service to Hostward.com’s Subscribers, is prohibited. The term "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Hostward.com requires that all email messages contain an automated opt out. We do not allow purchased lists. Hostward.com’s Subscribers are required to follow all rules in the Can Spam Act (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) as well as our company spam rules. Hostward.com reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, Hostward.com allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.
Prohibited Offerings – No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
Profanity- Profanity or profane subject matter in the site content and in the domain name is prohibited.
Private Information – Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).
Violations of Intellectual Property Rights – Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Hostward.com is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
Misrepresentation of Transmission Information – Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
Viruses and Other Destructive Activities – Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
Hacking – "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
Anonymous Proxies – Hostward.com does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
Export Control Violations. The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software are prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
Child Pornography – The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Hostward.com is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
Other Illegal Activities – The use of the Services to engage in any activity that is determined by Hostward.com, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available Ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Hostward.com will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
Obscene, Defamatory – Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
Backup Storage – Hostward.com offers its Services to host web sites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice.
Other Activities – Engaging in any activity that, in Hostward.com’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Hostward.com’s business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Hostward.com’s Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with Hostward.com in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.
COPYRIGHT NOTICE INFRINGEMENT INFORMATION
In accordance with the Digital Millennium Copyright Act, Hostward.com has adopted a policy that provides for termination of websites hosted by Hostward.com that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Hostward.com or a Hostward.com subsidiary, and the copyright holder wants Hostward.com to remove the website or disable the material in question, Hostward.com will remove the website or disable the material if the copyright holder provides us with all of the following information.
A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Email DMCA reports to legal@Hostward.com.
Governing Law – These Terms shall be governed by the laws of the State of Illinois without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of Hostward.com, Subscriber agrees that all disputes, if any, involving Hostward.com shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Illinois; provided, further, that all action brought against Hostward.com in State Court must be brought in the Illinois State Courts. Subscriber hereby agrees that it 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 Hostward.com. Subscriber hereby waives any and all objections that it has or might have, known or unknown, whether under Illinois long arm statute or otherwise, to the existence of said in personam jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against Hostward.com outside the State of Illinois; and, that Subscriber, if involved before a court in a lawsuit outside of the State of Illinois, shall be deemed to support and to stipulate to a motion made by Hostward.com to dismiss said lawsuit with respect to Hostward.com.
WARRANTY DISCLAIMER – LIMITATIONS – INDEMNIFICATION
Warranty Disclaimer – YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. Hostward.com HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY Hostward.com OR Hostward.com’s REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. Hostward.com DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. Hostward.com DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. Hostward.com DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR Hostward.com IN PARTICULAR.
Limitations on Hostward.com’s Liability – Hostward.com SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL Hostward.com BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT Hostward.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. Hostward.com SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. Hostward.com’s ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL Hostward.com’s LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO Hostward.com FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, Hostward.com’s LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification of Hostward.com – You, the Subscriber, agree to defend, indemnify and hold Hostward.com, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Hostward.com’s own gross negligence or willful misconduct. Hostward.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)
Sanctioned Countries – The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that, with respect to all or certain commercial activities that would otherwise occur between i) the United States, its citizens or residents on the one hand and ii) the governments, citizens, or residents of certain other countries ("Sanctioned Countries") on the other hand, said commercial activities are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded. "Sanctioned Countries" shall be deemed automatically to be added to or otherwise modified from time to time consistent with the determination(s) of the government of the United States, and shall include all other countries with respect to which commercial activities are prohibited, embargoed, sanctioned, banned and/or otherwise excluded by determination(s) of the government of the United States from time to time.
Each Sanctioned Country, all governmental, commercial, or other entities located therein, and all individuals located in any Sanctioned Country are hereby prohibited from registering or signing up with, subscribing to, or using any service of Hostward.com.
Each individual which is a National or Citizen of a Sanctioned Country is hereby prohibited from registering or signing up with, subscribing to, or using any service of Hostward.com, regardless of where said individual is located.
Prohibited Organizations/Entities - The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively "Prohibited Organizations/Entities" and individually "Prohibited Organization/Entity") are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of Hostward.com.
Prohibited Individuals - The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain individuals (collectively "Prohibited Individuals" and individually "Prohibited Individual"), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.ustreas.gov/offices/enforcement/ofac/programs/terror/terror.pdf, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.
Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of Hostward.com.
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