Terms of Service Agreement
TERMS OF SERVICE
These Terms of Service (the “Agreement”) are an agreement between Hostiserver Ltd (“Hostiserver”, “we”, “us’’ or “our’’) and the Subscriber (the “Subscriber”, “you” or “your”).
This Agreement sets forth the general terms and conditions of Subscriber’s use of the products and services made available by Hostiserver and of the hostiserver.com (in conjunction with hostiservices.com, cdnbay.com, cdnbay.org) website (collectively the “Services”).
i) Mbps: megabits per second
ii) 95% bandwidth usage (95% calculation): 95% measurement when stated after Mbps: a method of measurement, where the data traffic consumed is measured at 3 or 5-minute intervals. All these measurements are stored in a database. At the end of a calendar month, a calculation is made to determine how much has been consumed, where the first 5% of the peaks is not taken into consideration. The highest result is taken from the remaining results (95% of the measurements), which is the calculated data traffic for that month
2. REPRESENTATIONS AND WARRANTIES
By registering for or using the Services, you represent and warrant that:
i) all services provided by Hostiserver will be used for lawful purposes only;
ii) you will provide accurate, current and complete information in registration forms, including email address, as a part of the registration and purchasing process. If there is ever an abuse issue or we need to contact you, we will use the email address or telephone number you stated in the registration or purchasing form and it is your responsibility to ensure that the contact information on your account is accurate, correct and complete at all times. Hostiserver is not responsible for any lapse in the Services, due to out-dated contact information. If you need to verify or change your contact information, please contact us by email firstname.lastname@example.org.
Providing false information of any kind may result in termination of your account. In certain cases, a scanned color copy of identification documents may be requested. Failure to provide the requested information within 3 (three) business days will result in the termination of your account and Services without refund;
iii) you are at least 18 (eighteen) years old and have the necessary legal capacity, right, power and authority to agree to these Terms of Service and if you are acting on behalf of a company or other legal entity, you are authorized to act on its behalf and bind such legal entity to the Terms of Service and with respect to any actions you take in connection with the Services. Any registration, use of or access to the Services, by anyone, who is under 18 (eighteen) years old is unauthorized and in violation of this Agreement;
iv) you will be fully responsible for all use of your account and for all actions that take place through your account. It is your responsibility to maintain confidentiality of your password and other information related to the security of your account;
v) you shall inform Hostiserver before registering a new account with identical billing information. Multiple accounts with identical billing profiles and use of referral codes is prohibited unless individually permitted;
vi) you will ensure that Services you are purchasing comply with all individual requirements and are used to their full potential, as well as the availability of the desired server’s configuration prior to ordering. The configuration of any server can be changed with the written agreement (email will suffice) of Hostiserver;
vii) you will provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Hostiserver is not responsible for any delays due to your failure to timely perform your obligations;
viii) you will ensure that all Subscriber Content and Subscriber Websites are compatible with the hardware and software used by Hostiserver to provide the Services, which may be changed by Hostiserver from time to time in our sole discretion.
3. HOSTISERVER CONTENT
Except for Subscriber Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Hostiserver Content"), are the proprietary property of Hostiserver or Hostiserver’s licensors. Hostiserver Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Hostiserver Content. Any use of Hostiserver Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Hostiserver Content. All rights to use Hostiserver Content that are not expressly granted in this Agreement are reserved by Hostiserver and Hostiserver’s licensors.
4. SUBSCRIBER CONTENT
i) You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “Subscriber Content”). Subscriber Content includes any content posted by you or by users of any of your websites hosted through the Services (“Subscriber Websites”). You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content on or through the Services, you represent and warrant to Hostiserver that (a) you have all the necessary rights to post or distribute such Subscriber Content, and (b) your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party.
ii) Solely for purposes of providing the Services, you hereby grant to Hostiserver a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content; and (ii) make archival or back-up copies of Subscriber Content and Subscriber Websites. Except for the rights expressly granted herein, Hostiserver does not acquire any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.
iii) Hostiserver exercises no control over, and accepts no responsibility for, Subscriber Content or the content of any information passing through Hostiserver's computers, network hubs and points of presence or the Internet. Hostiserver does not monitor Subscriber Content. However, you acknowledge and agree that Hostiserver may, but is not obligated to, immediately take any corrective action in Hostiserver’s sole discretion, including without limitation removal of all or a portion of the Subscriber Content or Subscriber Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement.
iv) You agree to fully cooperate in any investigation which may occur. Failure to cooperate is ground for suspension/termination of all accounts/ Services. You accept the possibility that Hostiserver may impose additional fees, and/or demand civil remedies without any prior notice and Hostiserver shall have no liability due to any corrective action that Hostiserver may take.
5. THIRD PARTY SITES
The Services may contain links to other websites that are not owned or controlled by Hostiserver ("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 Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to 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’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
6. ACCEPTABLE USE OF NETWORK RESOURCES
i) All dedicated servers include a fixed monthly amount of data transfer: 10TB for all dedicated servers; starting from 1TB for virtual private servers (for details see VPS plans).
ii) If your actual data transfer usage exceeds the amount of your traffic package (outbound or inbound whichever is exceeded first) you will be charged a traffic overage fee. Currently, the traffic overage fee is:
a) $0,009 per 1 Gb or $2 per 1 Mbps 95-percentile bandwidth usage for dedicated servers;
b) $0,018 per 1 Gb or $4 per 1 Mbps 95-percentile bandwidth usage for virtual private servers.
iii) You agree that it is your sole responsibility to monitor traffic usage through your account.
iv) You can upgrade any of your servers to a higher level data transfer package.
v) Traffic that has not been used during the month cannot be carried over to the following month and traffic may not be pooled among multiple servers or accounts.
vi) If you exceed your allocated transfer bandwidth for a month , you agree to be charged additional fees for traffic overage as stated above.
All use of resources provided by Hostiserver is subject to the terms of this Agreement and the applicable policies. Hostiserver expressly reserves the right to review every account for excessive usage of resources that may be caused by a violation of this Agreement. Hostiserver may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete Subscriber Content for those accounts that are found to be in violation of Hostiserver’s Terms of Service.
7. PROHIBITED METHODS AND CONTENT
i) You hereby agree not to transmit, distribute, post, store, link, or otherwise share content, information, or materials (including but not limited to written material) that are threatening, abusive, harassing, defamatory, libellous, insulting, deceptive, fraudulent, intrusive, illicit, offensive, profane, which include or display illegal pornography that is a criminal offence (for example, child pornography is strictly prohibited) or include any copyrighted materials (to which the you do not hold the copyright or an appropriate license) on our server. Using our servers or network to conspire to commit or support the commission of illegal activities is forbidden as well, or actions that are otherwise determined as unacceptable in our sole discretion.
ii) You are strictly prohibited from:
a) promoting illegal activities (including, but not limited to information on hacking, distributing hacking tools, or using computer systems or network to access any system, service, or network without the owner’s consent etc.);
b) sharing information, instructions, links etc. containing malicious code(s);
c) distributing pharmaceutical medications and illegal substances or information on such items;
d) engaging in activities pertaining to Spamdexing, and so-called “Scraper sites”;
e) distributing fake/malware software and codes;
f) spreading information/propaganda on violence/racism;
g) using scripts or systems that cause server performance issues;
h) using scripts or/and software for automatic generation of user accounts or messages;
i) using torrent services;
j) illegally storing personal information, especially sensitive personal data;
k) collecting personal information without a user’s permission or using email addresses, screen names or other personal identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering and harvesting);
l) solicitating or selling of any harmful/illegal products or services;
m) committing any activity that interferes with or disrupts Hostiserver's services or networks connected to Hostiserver or any outside network, this includes Denial of Server attacks or other maliciously configured software;
n) having any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited emails or usenet postings (spam) and sending unsolicited emails (bulk emails);
o) using anonymous proxies on Hostiservers network and servers;
p) using our network to impersonate another person or entity be it through Email, Internet Forums, or any other means (this includes spoofing email or network packet headers whether or not it is done for malicious purposes);
q) using/ engaging in any illegal investment sites/activities, etc.;
Any complaint we receive about a violation of this or the preceding points will be taken very seriously and will result in immediate account cancellation without a refund.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Hostiserver may report any such misuse or fraudulent use, as determined in Hostiserver’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
9. INVOICING AND PAYMENT
i) Payment is due on invoicing. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. If you fail to pay the fees as specified herein, Hostiserver may suspend or terminate your account and pursue the collection costs incurred by Hostiserver, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. Hostiserver will not activate new orders or activate new packages for customers who have an outstanding balance on their account, and current services might be suspended.
ii) Hostiserver is not burdened with responsibility for any extra taxes, bank fees, interest charges, finance charges, overdraft charges, or additional fees resulting from payment charges billed by Hostiserver. Any applicable taxes and charges will be added to Hostiserver's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
iii) You agree that Hostiserver is authorized to charge Subscriber’s credit card on a monthly, annual basis, or other payment terms that have been agreed in advance with Hostiserver.
iv) By choosing a recurring payment plan, you accept that it is your responsibility to pay for all regular charges that are due before cancellation.
v) Any payments, which are not made within 4 (four) days after the due date will have the associated Services suspended without further notice.
vi) Any suspended service will be terminated after 7 (seven) days of suspension without further notice.
vii) If you fail to make the required payments, you may be charged with a $50 (Fifty U.S. dollar) reconnection fee to re-enable your Service.
viii) Utilised traffic data (for the purposes of calculating the service fee) shall be rounded up to the full upwards (e.g. 10,55 GB to 11 GB; 9,1 Mbps to 10 Mbps; etc.).
i) Hostiserver provides two money-back guarantee periods for new hosting account registrations (this means only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, or if you have 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):
a) 15-day money back guarantee for private virtual servers,
b) 7-day money back guarantee for dedicated servers.
ii) Non-refundable: a) payments made by Subscriber in connection with the purchase including, but not limited to: SSL certificates, cPanel licenses, ISP licenses, Microsoft software licenses and domain names are non-refundable under these Terms of Service; b) paid technical support.
iii) For all other cases, once Service has commenced, you agree that Service has been applied correctly and no refund is required.
iv) All refunds are subject to a technical support services charge, including Services that were initially provided free of charge.
Unless otherwise provided, you agree that until and unless you notify Hostiserver of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
12. PRICE CHANGE
Hostiserver 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 with any price change. It is your sole responsibility to periodically review billing information provided by Hostiserver through your account or through other methods of communication, including notices sent or posted by Hostiserver.
13. TECHNICAL SUPPORT
i) Transfers and initial configuration of the server are free of charge, however, all other services will be charged at a $30 (Thirty U.S. dollar) hourly rate.
ii) Basic support and maintenance of virtual and dedicated servers is provided at Hostiserver’s discretion. When issues cannot be resolved with reasonable assistance, you will be charged for support services at a $30 (Thirty U.S. dollar) hourly rate.
iii) Full managed support is a pre-paid 12 (twelve) hours support plan for 1 (one) dedicated server (1U or 2U maximum). All further support services will be charged at $30 (Thirty U.S. dollars) hourly rate.
iv) Unlimited support for 1 (one) virtual server (VPS or VDS or Cloud) is a pre-paid 6 (six) hours support plan. All further support services will be charged at $40 (forty U.S. dollars) hourly rate and additional hours can be upgraded at 20$ (twenty Thirty U.S. dollars) per month for 1 (one) hour for future months.
i) Your use of the Services is at your sole risk. Hostiserver is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on our servers. You are solely responsible for backing-up all Subscriber Content, including but not limited to, any Subscriber Websites. Hostiserver does not warrant that we back-up any Subscriber Content, and you agree to accept the risk of loss of any and all Subscriber Content. Hostiserver is not obliged to ensure security or any restoration of your data. Nevertheless, Hostiserver will always do their best to assist Subscriber with recovery, this service is only provided as a courtesy and may be modified or terminated at any time at Hostiserver’s sole discretion. Pay attention that it is your responsibility to ask to activate free backup feature that is complementary to certain products and services (through ticket system, phone call or live chat).
ii) Unlimited/Unmetered backup for VDS/VPS services means prepaid backup plan for prepaid SSD space in the ordered VDS/VPS service with weekly (weekly copies mean 4 copies per one month) remote backup copies, but not more than prepaid VDS/VPS SSD space multiplied by 2. It is your responsibility to inform the support of Hostiserver to change frequency and time of backups through Hostiserver's ticket system. Frequent copies will use more backup space and it is your responsibility not to use more than Hostiserver's Unlimited/Unmetered backup space or you will have to upgrade the backup plan.
15. SCHEDULED MAINTENANCE AND DOWNTIME
Hostiserver will use its commercially reasonable efforts to assist every Subscriber 24 (twenty-four) hours a day, 7 (seven) days a week. You agree that from time to time Services may not be accessible and operative due to various scheduled or unscheduled reasons, including routine maintenance work on solving various malfunctions or upgrades ("Scheduled Downtime"); irregular running of the Services, as well as issues beyond Hostiserver's control, which are not reasonably foreseeable by Hostiserver, including telecommunication breakdowns or digital transmission links, attacks from the hostile services, or network congestion or other failures. Hostiserver has no responsibility for downtime, which may be caused for any reasons. Technical notifications of planned or unplanned outages are provided at the discretion of Hostiserver.
16. DISCLAIMER OF WARRANTY
YOU, THE SUBSCRIBER, ACCEPT THAT THE USE OF THE SERVICES AND SOFTWARE IS PROVIDED "AS IS" AND “AS AVAILABLE” BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU OR YOUR AGENTS FROM HOSTISERVER OR HOSTISERVER'S REPRESENTATIVES SHALL CREATE A WARRANTY NOT EXPRESSLY STATED HEREUNDER. HOSTISERVER AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR SOFTWARE PROVIDED HEREUNDER. HOSTISERVICE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED, ERROR FREE, VIRUS FREE OR COMPLETELY SECURE; (II) THAT THE SERVICES MEET YOUR REQUIREMENTS OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE; OR (III) AS TO THE QUALITY, ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES OR SOFTWARE. HOSTISERVER AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. HOSTISERVER IS NOT OBLIGED TO ENSURE THAT THE SERVICES AND SOFTWARE SHALL NOT CONTAIN ERRORS. HOSTISERVER DOES NOT WARRANT THAT THE SERVICES CAN BE USED TOGETHER WITH ATHIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY PROVIDER STATED, GUARANTEED, OR WARRANTED A SPECIFIC SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY HOSTSERVER SERVICES OR SOFTWARE. HOSTISERVICE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING, AND IS NOT LIABLE FOR, THE QUALITY, AVAILABILITY, OR TIMELINESS OF GOODS OR SERVICES PROVIDED BY A THIRD PARTY PROVIDER. YOU UNDERTAKE ALL TRANSACTIONS WITH THESE THIRD PARTY PROVIDERS AT YOUR OWN RISK. HOSTISERVER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION REGARDING THIRD PARTY PROVIDERS. HOSTISERVER IS NOT AN AGENT, REPRESENTATIVE, TRUSTEE OR FIDUCIARY OF YOU OR THE THIRD PARTY PROVIDER IN ANY TRANSACTION. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
17. LIMITATION OF LIABILITY
IN NO EVENT WILL HOSTISERVER ITS DIRECTORS, EMPLOYEES OR AGENTS AND/OR ANYONE ELSE WHO IS INVOLVED IN CREATING, PRODUCING HOSTISERVER’S SERVICE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF HOSTISERVICE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THIS PARAGRAPH IS APPLICABLE TO ALL SERVICES PROVIDED BY HOSTISERVER. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST HOSTISERVER ARISING FROM SUBSCRIBER'S PURCHASE OR YOUR USE OF THE SERVICES, OR ANY CONDUCT OF HOSTISERVER’S DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES. IN CASE OF DISSATISFACTION OR ANY OTHER PROBLEMS, YOUR SOLE REMEDY IS TO TERMINATE USING THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR 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 HOSTISERVER 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 HEREUNDER WILL NOT INCREASE THIS LIMIT.
i) You are ultimately responsible for all actions taken under your account. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method.
ii) Hostiserver may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
ii) Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Hostiserver may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
iii) Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Hostiserver of an issue, we reserve the right to leave access to services disabled.
iv) Hostiserver reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
Notice of cancellation must be given by opening a ticket or via the cancellation button in the client panel, before the beginning of the applicable month. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Hostiserver may, in our sole discretion, refund all pre-paid fees for Services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and if applicable any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation notice and have confirmed all necessary information with you via email, we will inform you that your account has been cancelled.
20. DOMAIN RENEWALS
Domain renewals are billed and renewed before the renewal date. It is your responsibility to notify the Hostiserver team to cancel any domain registration prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
21. INTERNATIONAL PAYMENTS
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in USD and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Hostiserver is not responsible for any change in exchange rates between the time of payment and the time of refund.
22. SUSPENSION AND TERMINATION
Hostiserver may delay, suspend or terminate your access to the Services, in whole or in part, without notice in the event that: (i) you have provided order information which is false/ incomplete ii) you fail to pay any fees due; (iii) you violate this Agreement; (iv) your conduct may harm Hostiserver or others or cause Hostiserver or others to incur liability, as determined by Hostiserver in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Hostiserver shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Hostiserver may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, SUBSCRIBER CONTENT, SUBSCRIBER WEBSITES, AND OTHER DATA WILL BE DELETED.
You agree to indemnify, defend and hold harmless Hostiserver, 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, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a 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 acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
24. ARBITRATION AND APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with Cyprus law (excluding its conflict of law rules). The Parties shall try to resolve any disputes in good faith by friendly negotiation. However any unresolved disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the relevant Arbitration Laws of the Republic of Cyprus, which are deemed to be incorporated by reference to this clause. The place of arbitration shall be chosen by Hostiserver. The language of the arbitration proceedings shall be English. The arbitral award shall be final and binding on the Parties. Notwithstanding the above, each Party shall be entitled to bring proceedings against the other Party before the Cyprus courts or any other courts of competent jurisdiction in order to: a) enforce the arbitral award; and b) make a claim for interim or injunctive relief.
Hostiserver and Subscriber are independent contractors and nothing contained in this Agreement places Hostiserver and Subscriber in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Hostiserver shall not be responsible for any damages your business may suffer. Hostiserver makes no warranties of any kind, expressed or implied for the Services. Hostiserver disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Hostiserver or our employees.
27. PERMITTED DISCLOSURES
Hostiserver may disclose Subscriber information to state bodies/ agencies without further consent or notification to the Subscriber upon lawful request from such bodies/agencies.
28. THIRD-PARTY BENEFICIARIES
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns.
29. ENTIRE AGREEMENT
This Agreement, including documents incorporated herein 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.
30. AMENDMENTS TO THE AGREEMENT OR THE SERVICES
Hostiserver may modify, add, or delete portions of this Agreement at any time, without prior notice. We will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification. Hostiserver reserves the right to modify, change, or discontinue any aspect of the Services at any time.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or Hostiserver to exercise 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 further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Hostiserver. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Hostiserver may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of the Subscriber. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.