The terms of use below constitute a legal agreement between you (The Customer) and Sanver E-Solutions. (the Company). Your agreement to be bound by these terms is acknowledged by your use of the Company Services, Support Services and/or any software made available to you by the Company.
The Company will charge the Customer the appropriate fee, depending on the Customer's order. The Customer chooses whether a domain name registration should be included in his/her account and the billing cycle for the account. For billing cycles shorter than one year there is a one time non-refundable Set Up fee.
The Company will charge the Customer the appropriate fee, depending on the Customer's order. The Customer chooses how many accounts to be included in the Multiple Accounts order. Multiple Accounts fee is applied and should be paid on a per year basis. The discount for ordering Multiple Accounts varies, depending on the number of accounts ordered. The Multiple Accounts discount is granted only when more than one account is ordered simultaneously.
Renewal fees are due for each Linux Shared Account at the end of the pre-paid period for the account. The renewal fees for a Linux Shared Account on a monthly or a quarterly billing cycle are billed automatically, until the account is either canceled by the Customer or the Company or the Customer has changed its billing cycle to a longer-than-quarterly one.
The Company provides domain registration, renewal, transfer, and ID protect on behalf of the Customer with a registrar selected by the Company. Apart from the specific Company terms below the use of the domain registration related services is regulated by ICANN, the registrar and the applicable laws. For more information about the ICANN terms and the terms of the two Registrars from which the Company selects, please read:
ICANN Policy:
http://www.icann.org/dndr/udrp/policy.htm
TuCows Domain Registration Agreement:
http://resellers.tucows.com/contracts/tld/exhibita
ENOM domain registration agreement and ID protect agreement
https://www.enom.com/terms/agreement.asp
https://www.enom.com/terms/idprotect_agreement.asp
By registering, maintaining or renewing a domain name, The Customer guarantees that all of the following requirements are met:
The Customer is solely responsible for investigating and determining whether the registration of his/her domain name infringes or violates the rights of any third party.
The registration and the renewal of the Customer's domain name will be included in the initial and renewal fees for the Linux Shared Hosting account and will not be subject to additional fees only if the domain name meets all of the conditions below:
In case of a legitimate refund request for an account, which includes a free domain registration by the Company, the Customer is withheld $14.95/year for the domain name registration and if renewal of the domain is later requested by the Customer renewal fee is due.
All domain names that are registered by the Company on Customer's request and do not meet the conditions for free registration and renewal above are subject to the appropriate fees depending on the number of domains ordered, the registration period and the domain extension. Renewal fees are due for all such domains at the end of the pre-paid period. In case the renewal request of an additional domain name is received in more than 29 days after the expiration of the domain, during the domain name redemption period, the appropriate redemption fee should be paid by the Customer. Registration, renewal and redemption fees for such domain names are non-refundable.
The Customer is solely liable to immediately inform the Tech Support
Department of the Company for any domain name expiration, late renewal,
registration, maintenance or management issues. The Company shall not be liable
for any loss or damage resulting from any kind of domain name issues (including
but not limited to undue domain expiration, late domain name renewal,
registration, maintenance or management issues) that were not immediately
reported by the Customer by posting a ticket in the corresponding category of
our Support HelpDesk system.
The Company will act in good faith to
investigate and resolve a reported domain name issues (including but not limited
to undue domain expiration, late domain name renewal, registration, maintenance
or management issues) in the time frame expected by the Customer and to achieve
the results required by the Customer. However, The Company has no liability or
obligation to achieve any particular outcome or result or resolve domain name
issues by any deadline. The Company shall have no liability or responsibility
for any damage, loss of data, loss of use or any other loss or damage occurring
in connection with any domain name issue. The Company provides technical
support in best interest of the Customer and cannot guarantee the successful
outcome or result of any operation.
Each domain ordered by the Customer is registered on behalf of the Customer and the Customer's personal details are used for its registration, except for the contact email. The Company will register each domain name with a default Company email address to protect the Customer from receiving unwanted email messages. The Customer understands and agrees that unless he changes this email he may be unable to receive notifications related to his/her domain sent by the domain registration authorities. The Customer can change the Domain administrative email and manage his/her domain name registered or transferred to the Company through the Customer Area. The Customer can transfer the domain name registered by the Company to another domain name registrar at any time.
The Customer shall be solely liable for making any changes in the DNS settings of any domain name in his/her account and any consequences following thereof. In the event that the Customer has asked a Technical support representative of the company to change the DNS settings of a domain name on Customer’s behalf, the Company shall be indemnified of any liability for such actions and any consequences that might follow thereof.Associating domain names, which are not registered by or transferred to the Company, with the Customer's Linux Shared Account is done on the Customer's own risk. The Customer is solely responsible to use only domain names that are compatible with the service of the Company and to manage them in compliance with all legal and technical requirements. The Customer is solely responsible to keep the DNS settings of the external domains up to date with the recommended DNS setting provided by the Company in the My Account Section of the Customer Area. The Customer agrees to regularly review the DNS information posted in the My Account Section of the Customer Area and be aware of the changes made.
The Company cannot be held liable for any faults in the domain names functionality or for any faults in the hosting, email or other services provided by the Company which result from a failure of the Customer to manage its external domain in compliance with all legal or technical requirements including but not limited to: wrong DNS servers setup, misspelled domain names, expired domain names, etc.
The Customer can transfer a domain name to the Company. The domain transfer is possible only if the Customer ensures that all the requirements for the transfer are met. Some of the requirements include, but are not limited to:
The Company charges the appropriate fee for the domain transfer, depending on the domain name extension. The fee is one-time and is non-refundable. The Company cannot be held responsible if a domain transfer is not successful due to the Customer's or his/her Registrar’s failure to meet all the domain transfer requirements. Renewal and redemption fees are applicable for any transferred domain in accordance with the Additional Domain Names registered by the Company on Customer's Request.
ID protect is a service that allows the Customer to hide his/her personal details, connected with his/her domain name. ID protect service is provided only for domain names that are registered by or transferred to the Company. The Company will charge the appropriate fee for the ID protect service. The fee is applied and should be paid per year basis. The fee is non-refundable. Renewal fee is due for the ID protect service one year after the initial order.
The Customer acknowledges that the Company cannot be held liable for any
system malfunction or failure regardless of its cause that might result in the
return of incomplete or erroneous information. The Customer shall raise no
claims or seek any compensation for misinformation based solely and exclusively
on results returned by the Company’s website, system and look up
tools.
Upon cancellation or expiration of any service associated with a
domain name the Company will no longer be responsible for the management,
maintenance and/or the proper functioning of the said domain name. The Customer
shall be solely responsible for maintaining and managing any domain name,
associated with any service that has been effectively canceled and/or terminated
or has expired. The Company shall not be held liable for any loss or damages
resulting from the operation failure of any domain name, associated with a
service that has been canceled and/or terminated or has expired.
The Company reserves the right to refuse to register or reserve any domain name and any associated services upon The Company’s sole discretion. The Customer agrees that The Company shall not be liable for any loss or damages that may result from The Company’s refusal to register and reserve a domain name or provide any associated services.
The Company shall not be liable if any domain name of the Customer or its use infringes the legal rights of any third party. The Company shall have no obligations to check whether any domain name of the Customer complies with all legal regulations and does not infringe the legal rights of any other party. We recommend that the Customer seek legal advice and/or investigate the legal requirements and specifications, associated with the use of any domain name and make sure it does not violate any trade mark or copyrights. The Customer acknowledges that in the event that a third party proves the rights over a domain name of his choice, the Company or its Registrars shall be ordered by a court to cancel, modify or transfer the domain name in question. The Customer agrees that in case the Company is either sued or threatened by a lawsuit in reference to The Customer’s domain name, the Company may turn to The Customer to hold it harmless and indemnify it.
The Company may cancel any of its services immediately with no prior notice and with no refund, if the Company determines in good faith that Customer's use of the service violates the terms of use. The Company cannot be held liable for loss of data in case of such a cancellation.
The Company may also cancel any of its services, if the Company determines in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason, by giving the Customer as much prior notice as reasonably practicable.
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Each Customer’s account will be suspended on its expiration date if no renewal payment is received by the Company before this date. The Customer is solely responsible for keeping a back-up copy of his/her files. Each cancelled account will be automatically terminated and deleted, and all of its backup copies, as well as any other information or data, associated with the account will be deleted from the Company's servers after the cancellation has become effective. The Company cannot be held liable for loss of data due to account suspension or termination after the cancellation becomes effective.
The Customer acknowledges and agrees to provide all data and materials for
his hosting account in a condition ready for upload, in a form not requiring any
kind of additional manipulation on the part of the Company. The Company will not
be responsible and will make no effort to validate this information for content
correctness or usability. The Company shall not be liable for the content of the
information in Customer’s account, and its compliance with any local, national
or international laws and standards.
The Customer is aware that the
services that the Company offers require a certain level of technical experience
and knowledge in the use of Internet languages, protocols and software. The
extent of technical expertise varies in respect of the anticipated use and
desired content of the Customer’s account and website.
The Customer should use all recourses provided by The Company in a manner that does not endanger the quality of the overall server performance. Such resources include but are not limited to: Server Memory Usage, CPU usage, MySQL server usage, mail server usage, web server usage etc. If any part of the Customer's account is found to violate the Account Resources Use policy below, the Company may take immediate corrective actions without prior warning. Failure by the Customer to maintain his/her account in full compliance with the terms listed below may result in a warning, resource usage limitations, suspension or immediate account termination with no refund.
Customer's account monthly traffic is limited in accordance with the Customer's hosting plan. If the monthly traffic limit is reached before the end of the month the Customer's account will be suspended until the beginning of the next month. No traffic can be transferred from month to month.
Customer's account disk space is limited in accordance with the Customer's hosting plan. The maximum allowed space for shared Linux Hosting is 750,000 MB. The following disc space limitations for different file types are also applicable:
No disk space limitations apply for other file types, apart from those specified in this section.
The Parked domain feature allows the Customer to have more than one domain names pointing at the same content as the primary domain of the account. The Customer should not use the Parked domain feature for pointing at other content using htaccess, php redirect or in any other way.
The Customer should use the email and other related services in full compliance with the terms below:
Customer should use the MySQL and Post-Gre database server resources in a way that does not endanger the quality of the overall server performance. A database that generates more than 10% of the database queries longer than 1 second at any given time endangers the overall server performance. The Customer is responsible to manage his/her database(s) so that it is in compliance with this policy.
The Customer account should NOT use more than 10% of the shared server CPU for a period longer than 5 seconds. Any account that is using more than 10% of the shared server CPU for more than 5 seconds is endangering the overall shared server performance.
The Customer account should NOT use more than 65MB of the server memory resources at any given time. Any account that is using more than 65 MB of the shared server memory is endangering the overall shared server performance.
The limitations listed below apply to each Customer's account and failure by the Customer to comply with them will endanger the overall server performance:
The Customer is responsible for maintaining the confidentiality of all login information related to his/her account, Control Panel, FTP and other account management tools. The Customer has no right to rent, lease, lend, distribute, market or otherwise dispose of any portion of his/her Linux Shared Hosting account space for management and use to third parties. Failure by the Customer to maintain his/her account in full compliance with this policy may result in a warning, suspension or immediate account termination with no refund.
The Customer is responsible for maintaining the security and the integrity of all the software applications that s/he chooses to be uploaded and/or used on his/her account. Failure by the Customer to maintain his/her account or part of the account secure may result in temporarily or permanently disabling of the account or part of the account, warning, suspension or immediate account termination with no refund. The Company has the right to disable any software application on any Customer's shared hosting account at any given time if the Company believes in good faith that this application endangers in any way the performance or the security and the integrity of any of the Company hosting servers. The Company has the right to redirect any and all Customer's traffic to a suspension or deactivation page in any such event, without prior notice to the Customer. The Company cannot and will not be liable for any loss or damage arising from security breaches in any such software and application.
The Customer agrees to immediately notify the Company of any unauthorized use of his/her password or account or any other breach of security and to ensure that s/he logouts at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.
The Customer is fully responsible for all activities that are performed through his/her account. The Company has the right to suspend or terminate any account, which does not comply with the terms of use, without prior notice and with no refund. The Company cannot and will not be liable for any loss or damage arising from account suspension or termination due to unacceptable use of the account, even if the Customer is not aware of and/or has not authorized such use.
The Customer is responsible not to engage in or to instigate actions that cause harm to the Company or other Customers. Such actions include, but are not limited to, actions resulting in blacklisting any of The Company IPs by the any online spam database, actions resulting in DDOS attacks for any servers belonging to the Company, etc. Failure to comply with this policy may result in a penalty fee, warning, suspension or possible account termination with no refund. The Company has the right to decide in good faith which actions cause harm as well as the size of the penalty fee or the severity of any other corrective action to be applied. The decision of the Company in such case is binding and final, and cannot be a subject of a further change. The Company cannot and shall not be held liable for any loss or damage arising from Company’s measures against actions causing harm to the Company or any other third party.
The Customer is solely responsible for the quality and performance of the Customer's account content uploaded by the Customer. The Customer is also responsible to ensure that all aspects of the Customer's account content are compatible with the Company servers' hardware and software. The specifications of the hardware and software are described in the Control panel (CPanel) for each account. It is the Customer's responsibility to keep his/her content compatible at all times. The Company cannot and will not be responsible for any malfunctioning of the Customer's content or any damages to the Customer's content caused by failure of the Customer to keep his/her content compatible with the hardware and software used by the Company.
The Customer acknowledges that The Company cannot and shall not provide legal advice referring to the contents of his/her website and account performance. All information, articles, tutorials and tech support advice are provided in good faith and do not constitute official requirements, regulations or statements. The Customer shall be solely responsible for checking whether the content of his/her account complies with any specific legal act or provision and for complying with them by consulting a competent legal adviser. The Company shall not be held liable in the event that any part of the Customer’s website, account content or performance disregards or infringes any law or legal regulation.
The Company configures the Linux Shared Hosting servers based on its best knowledge for optimal server performance. The Company can also make changes at the server configuration at any time without prior warning to the customer. This is done in good faith for achieving better server performance. The Customer agrees that s/he will not be able to perform any activity from his/her account, which will be in conflict with the server configuration; as such activities are endangering the quality of the overall server performance.
The Company reserves the right to perform application version changes and updates at any time without prior warning to the customer. This is done in good faith for achieving better server performance and lowering the resource usage by the Customer’s website. The Company shall not be liable if any part of the Customer’s account or website is not compatible with any system update and for any loss or damage arising therein.
The Company creates and configures all customer accounts with a default index page designed by the Company for the convenience of the customer. The customer may remove that page at any time they like. The page is replaced automatically whenever the Customer uploads or installs another index page on his account.
Customer should use all services provided by the Company for lawful purposes only. Customer agrees to maintain his/her website in full compliance with the terms listed below. If any part of the Customer's account is found to violate the Acceptable use policy below, the Company may take immediate corrective actions including immediate suspension or deletion, from the Customer's account without prior warning. Abuse of the acceptable use policy below may result in a warning, suspension or possible account termination with no refund.
By using any Services, provided by the Company:
Examples of unacceptable material on all Shared, Dedicated and VPS servers
include:
IRC Bots, Proxy Scripts, Warez, image, filedump, mirror, or
banner-ad services (similar to rapidshare, photobucket, or commercial banner ad
rotation), topsites, commercial audio streaming, Escrow, High-Yield Interest
Programs (HYIP) or related sites, Investment sites, sale of any controlled
substances without providing proof of appropriate permit(s) in advance, AutoSurf
sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs,
lottery sites, muds / rpg's, hate sites, hacking focused
sites/archives/programs, or sites promoting illegal activities, IP Scanners,
Brute Force Programs, Mail Bombers and Spam Scripts. Forum sites and or any
other websites that distribute or link to warez content are strictly prohibited
as well.
The Company reserves the right to refuse service to anyone upon
Company’s discretion. Any material that in Company’s judgment, is either obscene
or threatening is strictly prohibited and will be removed from Company’s servers
immediately with or without prior notice and may lead to possible warning,
suspension or immediate account termination with no refund.
The Customer
is solely responsible for ensuring that all programs and scripts installed under
his/her account are secure and the permissions of the directories and files are
properly set. The Company recommends setting the permissions on all directories
and files as restrictive as possible. The Customer is solely responsible for all
actions and activity taken under his/her account, including the compromise of
login credentials. Both the username and password of the Customer are required
to be secure. The Company reserves the right to carry out regular audits of
login credentials in respect of security level. In case the Customer’s
credentials are found not to be secure enough, Customer will either be notified
and granted the respective time frame to change them, or the company will change
the login credentials and provide them to the customer. Note that Customer
hosting account may be suspended until Customer agrees to update his/her
password with a more secure one.
Using more than 50 000 inodes on a
shared hosting account may result in suspension of service. Exceeding the
provided limit alone may not immediately lead to a suspension, but the regular
creation and deletion of large numbers of files or causing file system damages
would be serious grounds for a review of your account. All hosting accounts
exceeding the 50 000 inodes limit will automatically be removed from Company
backup system in order to avoid overusage. Each file or folder on a shared
hosting account is considered as 1 inode.
The Customer is prohibited from:
The Customer must comply with the CAN-SPAM Act of 2003 and all relevant
regulations and legislation on bulk and commercial email.
The Customer is
prohibited from sending mass unsolicited email messages. All emails sent to
recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings
from the Customer will be considered as unsolicited email messages. Customers
using and sending mass mailings must at all times maintain complete and accurate
records of all consents and opt-ins and upon request provide said records to the
Company. In the event that the Customer cannot provide actual and verifiable
proof of such consents and opt-ins, the Company will consider the mass mailing
to be unsolicited.
The Customer is prohibited from using and operating
any mailing lists, listservs, or mailing services that do not target an audience
that has voluntarily signed up for e-mail information using a Confirmed Opt-In
or Closed-Loop Opt-In process or that has voluntarily revealed their e-mail
addresses to the Customer for distribution of information. Customers who operate
mailing lists must at all times maintain complete and accurate records of all
consents and Confirmed Opt-In or Closed-Loop Opt-In elections and upon request
provide said records to the Company. In the event that the Customer cannot
provide actual and verifiable proof of such consents and Confirmed Opt-In or
Closed-Loop Opt-In elections, the list mailing will be considered to be
unsolicited. All Customer-maintained mailing lists must also allow for any party
on the said list to remove itself automatically and permanently.
The
Company prohibits the following activities listed without limitation
hereunder:
In the event that any Customer’s actions result in placing the Company’s mail servers or IP address ranges on black hole lists or any other mail filtering software systems, the Customer shall be charged upfront with a $100.00 block removal fee and thereafter $100.00 for every hour of necessary remedial actions.
By signing up for our services the Customer certifies to be at least 18 years of age or at least of legal age for the countries, demanding a higher legal age by law, or that either their parent or legal guardian will act as the “Customer” in accordance with the terms of this contract.
The Customer can add and use third party software on his/her account only if it is compatible with the Company servers and is approved by the Company. The Customer use of any third party software is at the Customer own risk. The Company cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. The Company will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Customer’s use of third party software or products.
Any assistance with third party software is provided by the Company only upon Customer's request. The Company may charge an additional fee for such assistance, depending on the nature of the work required.
The Customer is solely responsible for any license and other fees required by the software providers, for using any third party software installed on the Customer's account apart from the initial account setup.
The Company provides Technical Support to the Customer at no additional fee only for hosting related issues. The Company has the right to decide what is a hosting related issue and to charge additional fees or refuse support for non-hosting related issues. Any fees paid by the Customer for providing non-hosting related support are non-refundable.
The Company cannot be held liable for any damages caused by loss of data, the reasons for which include but are not limited to Internet connectivity problems, electricity outage, hardware failure, software failure, human mistake and force majeur events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment, etc. In these and all other cases the Customer will be solely responsible for making and storing his/her own backup copies of the data, associated with the Customer’s hosting account as well as restoring any missing data and information. The Company shall not be liable for the time period needed for the Customer to restore the backup information to his hosting account and shall have no obligation to notify the Customer in the event that the Customer’s account content needs to be restored.
For annual downtime of more than 0.1% on the server(s), where the Customer's website is hosted, the Customer will receive compensation if all the conditions below are met:
The Customer will be compensated with a credit equal to the fee he/she has
paid for the hosting service pro rated by the number of hours in which the
Service was interrupted because of the downtime. All credit requests must be
sent with justification through email addressed to
sales@siteground.com.
The uptime of the server is determined as the
uptime reported by the operating system and the Company shared server monitoring
system. Third party monitoring reports may not be used for justification for a
variety of reasons, including but not limited to the network capacity and
transit ability of the source.
The Company cannot be held liable for any
suffered loss or damages during or resulting from server or service downtime,
irrespective of the cause, time and duration of the said downtime. The reason(s)
for the server downtime occurrence(s) include but is not limited to: system
maintenance, DOS attacks, Internet connectivity problems, electricity outage,
hardware failure, human error, software failure and force majeur events like
fire, flood, other natural disasters and acts of God, labor disputes, accidents,
acts of war or terrorism, failure of any third party to perform any commitment
relative to the server uptime, etc.
The Company acts in good faith to provide email services in association with the Shared Linux hosting account of the Customer. However, the Company cannot be liable for loss of emails resulting from internal or external SPAM protection policies, software or hardware malfunctioning and other factors beyond the Company influence.
The Company warns the Customer not to use e-mail transmission for
confidential or sensitive information. If the Customer decides to do so despite
the above warning, he/she will do so on his/her own will and risk and the
Company shall not be liable for any loss or damage resulting from such an
action.
The Company does not recommend using email as the primary source
of important information. The Customer acknowledges that email transmission is
not encrypted, the Company is not liable and provides no guarantees of email
delivery and there is a possibility of data loss and/or non-delivery of message.
The Company urges the Customer to request delivery and read receipts for all
email correspondence. In the event that the Customer does not use delivery
reports, he/she does so on his own will and risk.
The Customer is
obliged to perform regular back-up copies of their email correspondence. In the
event of missing or deleted email messages, the Customer is solely responsible
to recover the missing information. The Company shall not be liable in the event
of accidental or negligent deletion of email messages, even in the event that
the system software did not perform a warning before processing the
action.
The person/organization, whose information is filled in My Details section in the Customer area is considered by the Company as the OWNER of the service. Initially this information is automatically filled by the Company using the information provided during the order process on the order page. If there is both an Organization and a person pointed out as owners, the priority is given to the organization. The change of ownership can be done at any time by changing the information filled in My Details section in the Customer area by the current owner. The owner is solely responsible for any change to this section.
The Company will contact the Owner in any event connected with the ordered service. The Company will also consider the Owner as the only one authorized to make requests to the Company connected with the ordered service.
This person/organization, who pays for the ordered service is considered the PAYER of the service and is NOT considered as owner of the service unless one of the following is true:
In case the OWNER is different from PAYER, the Owner is obliged to inform the Payer about the Company ownership policy.
Any dispute about ownership that can arise will be settled by the Company based on the ownership policy described above. The Company will consider a court decision overruling in case of ownership dispute, and will always comply with such a decision.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. The Customer agrees that the Company shall not be liable to the Customer or to any third party for any modification, suspension, or discontinuance of the Service.
The Customer understands and agrees with the fact that the Company does not control and is not responsible for the content of data, scripts, or other information passing through the Company's host computers, network hubs and points of presence on the Internet. The Company cannot be liable for the content of any data transferred or stored by any customer or customer's customers via the services provided by the Company.
The Company Services are provided on an as is, as available basis and are used on the Customer's own risk. No warranties related to the Company services are made, including but not limited to warranties of merchantability or fitness for a particular purpose. The Company makes no warranties that its services will not be interrupted or will be error free. The Company does not guarantee that any specific results can be obtained by using its services. No kind of advice or information, written or oral, given by a Company?s employee, owner or agent can be viewed as a warranty of any kind. The Customer understands and agrees that the Company cannot compensate the Customer with a value exceeding the total price the Customer has paid for the Company services.
The Company reserves the right at its sole discretion to refuse or cancel service. Violation of any of the Company's Terms could result in a warning, suspension, or account termination.
In case of any lawsuit against The Company, resulting from a Customer's violation of law or the above Terms of Use the Customer will pay all damages, as well as attorney fees.
The terms of the Disclaimer section shall survive any termination of this agreement.
THE CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY AND ITS AFFILIATES, COBRANDERS, OR OTHER PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS,SHALL NOT BE LIABLE,UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICE OR THE SOFTWARE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (vi) ANY GOOD OR SERVICE OFFERED OR SOLD THROUGH THE SERVICE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE OR SOFTWARE.
THE COMPANY'S LIABILITY TO THE CUSTOMER SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY THE CUSTOMER TO THE COMPANY OVER THE COURSE OF THE EXISTING TERM. THE COMPANY'S LIABILITY TO THE CUSTOMER FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION SHALL AS WELL NOT EXCEED THE LIMIT OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS). THE CUSTOMER ACKNOWLEDGES THAT THE COMPANY HAS SET ITS PRICES IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE CUSTOMER AGREES THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE CUSTOMER.
The Customer agrees that if any disputes or claims arise against the Company or its subsidiaries, such disputes will be handled by an arbitrator at the legal registration location of the Company. All decisions rendered by that arbitrator will be binding and final.
The Company reserves the right to change the above terms of use at any time. Such changes will become effective and binding after their posting on The Website. The Customer agrees to regularly review the Company Terms of Use and be aware of the changes made. By continuing to use the Company services after a revision has been posted, the Customer agrees to abide by them.