These Terms of Service (the "Agreement") are an agreement between you ("User" or "you" or "your" or "Company", "we", "us" or "our" ) and HostingCHS (US). Private Limited.
This Agreement sets forth the general terms and conditions of your use of the products and services we make available to you and on our website (collectively, the “Services”).
1. Additional policies and agreements.
a). Your use of the Services is also governed by the following policies, which are incorporated into this Agreement by reference. By using the Services, you also agree to the terms of the following policies.
- Copyright Infringement Policy .
- Privacy Notice .
b) Additional terms may also apply to certain Services and are incorporated into this Agreement by reference, as applicable. For example, the Affiliate Agreement, Domain Registration Agreement, Reseller Agreement, and VPS Addendum will also apply to you as applicable and are incorporated into this Agreement.
2. Account eligibility.
a) By registering for or using the Services, you represent and warrant that:
i. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of, or access to the Services by anyone under the age of eighteen (18) is unauthorized and constitutes a violation of this Agreement.
ii. If you use the Services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions taken by such other party in connection with the Services.
b) It is your responsibility to provide accurate, current, and complete information on registration forms, including an email address that is distinct from the domain you are registering for. If there is ever an issue of abuse or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that your account contact information, including domain accounts, is accurate, correct, and complete at all times. We are not responsible for any interruptions in the Services, including, but not limited to, any expired domain registration due to outdated contact information associated with the domain. If you need to verify or change your contact information, please contact our sales team by email or update your contact information through our billing and support system. Providing false contact information of any kind may result in the termination of your account. For dedicated server purchases or in certain other cases, you may be asked to provide government-issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the requested information may result in your order being rejected.
c) You agree to be fully responsible for all use of your account and any actions taken through it. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
3. Company content.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, videos, information, software, audio, and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Company Content”) are the exclusive property of the Company or its licensors. Company Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold, or otherwise exploited for any purpose, in any form, or by any means, in whole or in part, except as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or other trade secrets of any Company Content. Any use of the Company Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Company Content. All rights to use the Company Content not expressly granted in this Agreement are reserved by the Company and its licensors.
4. User Content.
a) You may upload, store, publish, display, and distribute information, text, photographs, videos, and other content for your website on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for all User Content and any transactions or other activities conducted on or through the User Websites. By posting or distributing User Content on or through the Services, you represent and warrant that (i) you have all rights necessary to post or distribute such User Content, and (ii) your posting or distribution of such User Content will not infringe upon or violate the rights of any third party.
Solely for the purpose of providing the Services, you hereby grant the Company a worldwide, non-exclusive, royalty-free right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish, and distribute User Content; and (ii) make archival or backup copies of User Content and the User Websites. Except for the rights expressly granted herein, the Company acquires no right, title, or interest in and to User Content, all of which shall remain solely with you.
b) We do not exercise any control over, nor do we accept any responsibility for, User Content or the content of any information passing through our computers, network hubs, points of presence, or the Internet. We do not monitor User Content. However, you acknowledge and agree that we may, but are not obligated to, immediately take any corrective action at our sole discretion, including, but not limited to, removing all or part of your User Content or the User Websites, and suspending or terminating any and all Services without a refund if you violate the terms of this Agreement. You hereby agree that the Company shall have no liability for any corrective action we may take.
5. HIPAA Disclaimer.
The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for storing or controlling access to sensitive data, such as information about children or medical or health information. We do not control or monitor the information or data you store or transmit through our Services. We specifically disclaim any representation or warranty that the Services, as offered, are HIPAA compliant. Users who require secure storage of “Protected Health Information” as defined by HIPAA are expressly prohibited from using this Service for such purposes. Storing and allowing access to “Protected Health Information” is a material violation of this Agreement and grounds for immediate account termination. We do not enter into "Business Associate Agreements," and you agree that the Company is not your business partner, subcontractor, or agent under HIPAA. If you have questions about the security of your data, please contact us by phone or chat.
6. Payment Card Industry Standard Security Disclaimer.
We comply with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your User Website. We do not monitor the compliance of User Websites and, therefore, cannot verify whether any User Website complies with the PCI Standard.
7. Certain Services; 404 Error Page.
In the event you are unable to configure a 404 error page, the Company will configure a default 404 error page to appear if an Internet user enters a URL related to your domain but for which there is no associated file. By not configuring a 404 error page, you hereby agree and authorize the Company's placement of a default 404 error page and its associated content on your website. The Company's 404 error page may contain advertisements and other materials selected by the Company in its sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines. You may change the 404 error page settings at any time. The Company reserves the right to collect and retain all revenue earned from such advertising and other materials.
8. Third-party products and services
a) External suppliers
We may offer certain third-party products and services. Such products and services may be subject to the third-party provider's terms and conditions. Third-party discounts, promotions, and special offers may be subject to additional restrictions and limitations imposed by the third-party provider. You should confirm the terms of any purchase and use of goods or services with the specific third-party provider with whom you are dealing. See Appendix A for links to the terms and conditions of certain third-party providers. Appendix A is a representative list, not a complete list, of goods or services offered by third-party providers.
The Company makes no representations or warranties regarding, and is not responsible for, the quality, availability, or timeliness of any goods or services provided by a third-party provider. You conduct all transactions with these third-party providers at your own risk. We do not guarantee the accuracy or completeness of any information about third-party providers. The Company is not an agent, representative, trustee, or fiduciary of you or the third-party provider in any transaction.
b) The company as a reseller or sublicensor.
We may act as a reseller or sublicenser of certain third-party services, hardware, software, and equipment used in connection with the Services ("Resold Products"). We will not be liable for any changes to the Services that render the Resold Products obsolete, require modification or alteration, or otherwise impair the performance of the Services. Any malfunction or manufacturer's defect in Resold Products, whether sold, sublicensed, or provided by us, will not be deemed a breach of the Company's obligations under this Agreement. Any right or remedy you may have with respect to the ownership, license, performance, or compliance of any Resold Product is limited to the rights granted to you by the manufacturer of such Resold Product. You have the right to use any Resold Product we provide to you solely in connection with your use of the Services as permitted under this Agreement. You will not attempt to copy, alter, reverse engineer, or tamper with such Resold Product or use it in any manner other than in connection with the Services. You will not resell, transfer, export, or re-export any Resold Product, or any technical data derived therefrom, in violation of any applicable law, rule, or regulation.
c) Third-party websites.
The Services may contain links to other websites that are not owned or controlled by us (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and their content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or access or use any Third Party Content, you do so at your own risk, and you should be aware that our terms and policies no longer govern. You should review the applicable third party terms and policies, including the privacy and data gathering practices of any website to which you navigate.
9. Prohibited persons (countries, entities and individuals ).
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the U.S. Department of Commerce, the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the Department of State, and other U.S. authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. trade laws. Additionally, by using the Services, you represent and warrant that you are not (a) an individual, organization, or entity organized or located in a country or territory that is the subject of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or Crimea, the Donetsk People’s Republic, or the Luhansk People’s Republic regions of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. trade laws; or (d) engaged in nuclear, missile, chemical, or biological weapons activities to which U.S. persons may not contribute without a license from the U.S. government. Unless express written permission is provided, the Company also does not register or prohibit the use of any of our Services in connection with any country code top-level domain name ("ccTLD") for any country or territory that is the target of OFAC sanctions. The obligations under this section will survive any termination or expiration of this Agreement or your use of the Services.
10. Security of company accounts and systems.
a) It is your responsibility to ensure that scripts/programs installed on your account are secure and that directory permissions are set correctly, regardless of the installation method. When possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken on their account. This includes compromising credentials such as username and password. You must use a strong password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be conducted to prevent the use of weak passwords. If an audit is conducted and your password is found to be weak, we will notify you and give you time to change or update your password before suspending your account.
b) The Services, including all related equipment, networks, and network devices, are provided solely for authorized customer use. We may, but are not obligated to, monitor our systems, including, but not limited to, ensuring authorized use, facilitating protection against unauthorized access, and verifying security procedures, survivability, and operational security. During monitoring, information may be scanned, examined, recorded, copied, and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
c) Any account found connecting to a third-party network or system without the third party's authorization will be subject to suspension. Access to networks or systems outside of your direct control requires the third party's express written consent. We may, at our discretion, request documentation to demonstrate that your access to a third-party network or system is authorized.
d) Any account found to be compromised may be disabled and/or terminated. If you do not clean your account after we notify you of an ongoing problem, we reserve the right to keep your account disabled. Upon request, we can clean your account for an additional fee.
e) We reserve the right to migrate your account from one data center to another to comply with applicable data center policies, local laws, or for technical or other reasons without prior notice.
11. Compatibility with the Services
a) You agree to fully cooperate with us in connection with our provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that performance of any of our obligations under this Agreement may depend on your performance of your obligations, the Company is not liable for any delay due to your failure to perform your obligations in a timely manner.
b) You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software we use to provide the Services, which we may modify from time to time in our sole discretion.
c) You are solely responsible for backing up all User Content, including, but not limited to, the User Websites. The Company does not guarantee that we will back up User Content, and you accept the risk of loss of all User Content.
12. Billing and payment information
a) Advance Payment: It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree to pay for the Services in advance of the period during which such Services are provided. Subject to applicable laws, rules, and regulations, in our sole discretion, payments may be applied to outstanding invoices on your billing account.
b) Auto-Renewal: Unless otherwise stated, you agree that until you notify us of your desire to cancel the Services, you may be billed, but are not obligated to be billed, on an automatic, recurring basis to avoid any interruption of your Services, using your credit card or other billing information we have on file.
c) Advance Account: If you maintain a credit balance, we will deduct it from your credit balance when you purchase products or services from us. If the credit balance is insufficient to process the order, the order may not be processed. Any negative balance on the Advance Account will be immediately due and payable. If you do not correct a negative balance on your account within 24 hours, we reserve the right to cancel the Services with immediate effect and without prior notice.
d) Taxes: The fees listed for the Services do not include any applicable sales, use, income, excise, or other taxes imposed by any taxing authority, unless otherwise stated. Any applicable taxes will be added to your invoice as a separate charge, which you must pay. All fees are non-refundable once paid, unless otherwise stated.
e) Late or non-payment: Any outstanding invoice may result in suspension or termination of the Services. Account access will not be restored until payment has been received. If you fail to pay the fees specified herein, we may suspend or terminate your account and seek collection costs incurred by the Company, including, but not limited to, legal and arbitration fees, and reasonable attorneys' fees. We will not activate new orders or new packages for customers who have an outstanding balance on their account.
Dedicated servers are subject to repossession and all content deleted if payment is not made on time. You have fifteen (15) days from the due date to pay the outstanding amount owed for a dedicated server. After 15 days, the data on the dedicated server will be permanently deleted and cannot be restored.
f) Domain payments.
- Domain registrations. No refunds will be issued once a domain has been registered.
- Domain Renewals. You can manage domain renewals in your control panel. Domain renewal notices are provided as a courtesy reminder, and we are not responsible for a domain's failure to renew or for failure to notify you about a domain renewal. No refunds will be issued once a domain is renewed.
g) Fraud.
h) Invoice Disputes: It is a violation of this Agreement for you to misuse or fraudulently use credit cards, debit cards, electronic funds transfers, electronic checks, or any other payment method. We may report any such misuse or fraudulent use, as determined in our sole discretion, to government and law enforcement authorities, credit reporting services, financial institutions, and/or credit card companies.
- Billing disputes. If you have any questions about a charge on your account, please contact our billing department for assistance.
i) Price Change: The Company reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days' notice before charging you for any price changes. It is your sole responsibility to periodically review the billing information we provide to you through the User Billing Tool or through other communication methods, including notices sent or posted by us.
j) Coupons: Discounts and coupon codes are reserved for new accounts or new customers only and cannot be used toward the purchase of a domain registration unless otherwise specified. If you have previously registered using a particular domain, you will not be able to re-register for that domain using another coupon at a later date. Any account that violates these policies will be reviewed by our Sales department, and appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in suspension or termination of your account. All coupons and discounts are only valid for the initial purchase and do not affect renewal or recurring pricing.
13. Money-back guarantee
a) Dedicated Servers: There are no refunds on dedicated servers. The forty-five (45) day money back guarantee does not apply to dedicated servers.
b) Shared, VPS, and Reseller Managed Services. The Company offers a thirty (30) day money-back guarantee for shared, VPS, and reseller hosting services only. If you are not completely satisfied with these hosting services and cancel your account within thirty (30) days of signing up for the Services, you will be refunded the full amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to any fees for additional products or services. For more information about our refund policy for additional products or services, please see the Non-Refundable Products and Services section.
14. Cancellations and Refunds
a) Refunds. Only new accounts are eligible for a refund. For example, if you previously had an account with us, canceled it, and registered again, or if you opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
b) Non-Refundable Products and Services. Notwithstanding anything to the contrary contained in this Agreement, there are no refunds of any fees (including, but not limited to, administrative fees and/or taxes) for Sectigo WebDNS, dedicated servers, or additional products or services such as Codeguard, Digital Certificates, Domain Backorder, Shared VPS Hosting Service, SiteLock installation fees for custom software, and/or any other Company products or services.
c) Cancellation Process. You may terminate or cancel the Services from your Control Panel. If you cancel the Services, you are obligated to pay all fees and charges accrued prior to the effective date of such cancellation. If you request to suspend or cancel your customer account, your access to the Control Panel will be suspended, and you will not be able to access the billing system to renew products or services or update your account information. However, you will continue to have access to the purchased Services until the end of your prepaid term.
Please note that if you have pending orders in your account at the time of cancellation, we will continue to process those orders as long as your Advance Account has sufficient funds to cover the charges. If we are unable to fulfill an order, the charges for those orders will be reversed, and we reserve the right to cancel them.
We reserve the right to refuse or cancel any order within thirty (30) days of processing such order. In such cases, we will refund the costs charged for the order.
15. Termination.
We may terminate your access to the Services, in whole or in part, including deletion or seizure of all files, content, and/or domain name registrations, without notice if: (i) you fail to pay any fees owed hereunder to HostingCHS; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm HostingCHS or others, cause HostingCHS or others to incur liability, or disrupt HostingCHS's business operations (as determined by HostingCHS in its sole discretion); (iv) you are abusive toward HostingCHS personnel in any way; or (v) for any other lawful reason, including compliance with applicable law, or as specified in this Agreement. In such event, HostingCHS will not refund any fees paid to you prior to such termination, and you will be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA MAY BE DELETED.
Shared hosting is designed to accommodate most personal and small business websites. To support this, we offer unlimited disk space, unlimited bandwidth, and unlimited websites on some of our plans.
16. CPU, bandwidth and disk usage
a) Allowed CPU and Disk Usage. All use of the hosting space provided by HostingCHS is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for: (i) web files; (ii) active email; and (iii) content for user websites.
However, shared hosting space may not be used for any activities not listed above, including but not limited to: (i) storing media, email, or other data as determined by the service providers; or (ii) off-site storage of electronic files, email, or FTP servers; (iii) game servers; or (iv) storing more than 100,000 files; or (v) running MySQL queries longer than 15 seconds; or (vi) using more than 50% of your website's disk space to store emails. Notwithstanding the foregoing, your email storage may not exceed 10GB of disk space used by your Hosting order, even if it is within the aforementioned 50% of your website's disk space; or (vii) using more than 5GB or less depending on the offer per database. We expressly reserve the right to review each shared account for excessive CPU, disk space, and other resource usage that may affect the stability, performance, and uptime of our servers, storage, and network that may be caused by your violation of this Agreement or the Acceptable Use Policy or otherwise.
If you violate the foregoing, we may, at our sole discretion, require you to upgrade your package or move to a VPS or dedicated server (depending on which package meets your needs), or terminate your access to the Services or remove or delete User Content from those accounts that violate this Agreement and other policies. Please note that VPS and Dedicated use will be limited by the resources allocated to the specific plan you purchase.
b) Bandwidth Usage. Bandwidth usage is not metered for shared and cloud hosting services. In addition, specific limits are set forth in the services of the product you purchase, including, but not limited to, shared hosting, cloud hosting, WordPress hosting, VPS hosting, dedicated hosting, and email hosting. If we find any website/package/order/client consuming more than 25% of system resources for more than 90 seconds, which could affect the stability, performance, and uptime of our servers, storage, and network, we may require you to upgrade your package or move to a VPS or dedicated server, or we may take steps to restrict bandwidth or other resources applicable to your website/package/order/account.
17. Reseller Terms and Customer Responsibility
a) Shared accounts cannot be used to resell web hosting to others. If you wish to resell hosting, you must use a reseller account.
b) Resellers shall ensure that each of their customers or users (“Reseller Users”) complies with this Agreement, including, for the sake of clarity, Appendix A.
c) Resellers are responsible for providing support to Reseller Users, including, but not limited to, providing customer service, billing support, and technical support. The Company does not provide support to Reseller Users. If a Reseller User contacts us, we reserve the right to place a Reseller's rental account on hold until the Reseller can assume responsibility for the Reseller User. All support requests must be made by the Reseller on behalf of the Reseller User for security reasons.
d) Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of Reseller Users. The Company may hold any reseller liable for any of its customers' actions that violate the law or this Agreement.
e) The Company is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify the Company from and against any and all claims made by any User arising from the reseller's acts or omissions.
The Company reserves the right to revise our Reseller Program at any time. Changes will become effective upon posting online or at any later date set by the Company.
Resellers in the Company's Reseller Program assume all responsibility for billing and technical support for each User registered by the reseller.
18. Limitation of liability
IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES, OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT.
19. Compensation.
You agree to indemnify, defend, and hold harmless the Company, our affiliates, and their respective officers, directors, employees, and agents (each an "Indemnified Party" and collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, demands, actions, suits, proceedings (whether statutory or administrative), and expenses (including, but not limited to, reasonable attorneys' fees) threatened, asserted, or brought by any third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any act or omission by you. The terms of this section will survive any termination of this Agreement.
20. Arbitration.
Your use of the Services is also governed by the following:
Unless you are located in India, you hereby also agree to the Company's Arbitration Agreement, which is incorporated into this Agreement by reference and can be found HERE .
Alternatively, if you are located in India, the following provision applies to you:
All disputes, controversies and differences arising out of or relating to this Agreement, including a dispute relating to the validity or existence of this Agreement
("Dispute") shall be referred to and settled by arbitration in Mumbai, India, in accordance with the provisions of the Arbitration Agreement and the Conciliation Act, 1996; provided that, to the extent a party may suffer immediate and irreparable harm for which monetary damages would not be an adequate remedy as a result of the breach or threatened breach by the other party of any obligation hereunder, such party may seek equitable relief, including injunctive relief, from a court of competent jurisdiction, which shall not be bound by this Section. The arbitral tribunal shall consist of one (1) arbitrator jointly appointed by the parties within fifteen (15) days from the date of the first recommendation of an arbitrator in writing by one party to the other. If the parties fail to agree on the appointment of such arbitrator, then the arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English. As part of the terms of the appointment of the arbitrators, the arbitrators will be required to render a final and binding award or awards within six (6) months of the appointment of the sole arbitrator (jointly appointed by the parties). The parties will use their best efforts to assist the arbitrator(s) in achieving this goal, and the parties agree that this six (6) month period will only be extended in exceptional circumstances, to be determined by the arbitrator(s) in their sole discretion. The arbitration award rendered by the arbitrator shall be final and binding upon the parties and shall be enforceable in accordance with its terms. The arbitrator shall state the reasons for his or her findings in writing. The parties agree to be bound by it and to act accordingly. All costs of the arbitration shall be borne equally by the parties.
21. Independent contractor.
The Company and the User are independent contractors, and nothing in this Agreement places the Company and the User in the relationship of principal and agent, partners, or joint ventures. Neither party has, expressly or impliedly, or may be held to have, any authority to enter into contracts or agreements on behalf of the other party, or to obligate or bind the other party in any way.
22. Governing Law; Jurisdiction
Unless you are located in India, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement, or the breach of this Agreement, including any claim based on an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts.
If you are located in India, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement, or the breach of this Agreement, including any claim based on an alleged tort, shall be governed by the substantive laws of the Republic of India.
Notwithstanding the foregoing, the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
23. Backups and data loss
Your use of the Services is at your own risk. The Company does not maintain backup copies of dedicated accounts or the Services purchased by you. You should not rely on the Company's backup. It is solely your responsibility to maintain backup copies. The Company is not responsible for the files and/or data residing in your account. You agree to assume full responsibility for all files and data transferred and to maintain all appropriate backup copies of files and data stored on the Company's servers.
24. Disclaimer and Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARE NOT RESPONSIBLE, AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED TO OR FROM USERS, OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
25. Complete agreement.
This Agreement, including the policies and documents incorporated by reference, supersedes all prior discussions, negotiations, and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
26. Headings.
The headings appearing in this document are for convenience only and are not part of this Agreement.
27. Changes to the Agreement or the Services
We may change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on our website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement will be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications will constitute your acceptance of the modified Agreement. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services.
28. Divisibility
If any provision or portion of any provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions (unless otherwise specified) hereof shall remain in full force and effect.
29. Exemption
No failure or delay by you or the Company in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or subsequent exercise of any right or remedy. No express waiver or consent to any breach or default of any term or condition of this Agreement by either party shall constitute a waiver or consent to any subsequent breach or default of the same or any other term or condition hereof.
30. Assignment; Successors
You may not assign or transfer this Agreement, or any of your rights or obligations hereunder, without the Company's prior written consent. Any attempted assignment in violation of this Agreement will be null and void and of no force or effect. We may assign our rights and obligations under this Agreement, and we may engage subcontractors or agents to perform our tasks and exercise our rights hereunder, without the User's consent. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
31. Force majeure
Neither party is liable for any failure or delay in the performance of any of its obligations under this Agreement (other than failure to make payment when due) if such failure or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, but not limited to, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, transportation or communications disruptions, supply shortages, or the failure by a third party to fulfill any commitment relating to the production or delivery of any equipment or materials required for such party to perform its obligations hereunder.
32. Third-party beneficiaries
Except as expressly provided otherwise in this Agreement, nothing in this Agreement is intended or shall be construed to confer any rights upon any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, User acknowledges and agrees that any provider of a third-party product or service that is identified as a third-party beneficiary in the service description is an intended third-party beneficiary of the provisions set forth in this Agreement as they specifically relate to its products or services and shall have the right to directly enforce the terms and conditions of this Agreement with respect to its products or services against User as if it were a party to this Agreement.
33. WordPress Plugins
If you install or use WordPress plugins operated by Automattic on your hosting account (including, for example, Jetpack), you also acknowledge and agree to (1) the WordPress.com Terms of Service located at ( https://en.wordpress.com/tos/ ) which apply to your use of all Automattic products and services; and (2) the Automattic Privacy Policy located at ( http://automattic.com/privacy/ ), including but not limited to Automattic's data collection as described therein.
Appendix A:
If you purchase a third-party product or service from the Company, you agree to these Agreements AND the following terms and conditions of the third-party product or service, which are incorporated herein and made a part of this Agreement by reference:
a. Site Lock: https://www.sitelock.com/terms.php
b. CodeGuard: https://codeguard.com/pages/terms-of-service
c. Comodo SSL: https://ssl.comodo.com/terms.php
d. Google Apps Core Services: https://gsuite.google.co.in/intl/en_in/features/
e. WordPress: https://en.wordpress.com/tos/ y http://automattic.com/privacy/
f. Sectigo WebDNS (Premium DNS). This section applies to Sectigo WebDNS services.
- In addition to the terms of this Agreement, Subscriber's use of the WebDNS Services shall be subject to all policies available here: https://sectigo.com/uploads/files/WebDNS-SectigoWebSecurityPlatformTermsandConditionsv1.2.pdf , which may be updated from time to time in Sectigo's sole discretion.
g. Acronis Backup: https://www.acronis.com/en-us/support/platform-terms-conditions.html
h. Titan Email: https://support.titan.email/hc/en-us/sections/360006033194-Agreements-and-Policies
Themes, Plugins and Logos Marketplace Services Addendum .
Annex on VPS and designated server .