These Terms of Service (the "Agreement") are an agreement between you ("User" or "you" or "your") with "Sacnet el salvador Corp" unless you are a User in India. For all Indian Users, this is an Agreement between you and Endurance International Group (India) Private Limited, an Indian corporation. For all customers outside India, "Company", "we", "us" or "our" will refer to "Sacnet el salvador Corp", and for all customers in India, the same will refer to Endurance International Group ( India) Private limited.
This Agreement sets out the general terms and conditions for your use of the products and services made available by us and on our website (collectively, the "Services").
Additional policies and agreements.
- 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.
- Acceptable Use Policy.
- Copyright Infringement Policy.
- Data request policy.
- Notice of Privacy.
- 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 will be incorporated into this Agreement.
By registering or using the Services, you represent and warrant that:
- 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 or access to the Services by anyone under the age of eighteen (18) is unauthorized and constitutes a violation of this Agreement.
- If you use the Services on behalf of another party, you agree that you are authorized to bind that other party to this Agreement and to act on behalf of such other party with respect to any action you take in connection with the Services.
- It is your responsibility to provide accurate, current and complete information on the registration forms, including an email address that is different from the domain under which you are registering.
- If there is ever an abuse issue or we need to contact you, we will use the primary email address that 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 lapse in the Services, including but not limited to domain registrations expired due to outdated contact information being 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 some other cases, you may need to provide a government issued ID and possibly a scan of the credit card used for verification purposes.
- Failure to provide the requested information may result in the denial of your request.
- You agree to be fully responsible for all use of your account and for any actions that take place through your account.
- It is your responsibility to keep your password and other information related to the security of your account confidential.
- Company content.
- Except for User Content (as defined below), all content available through the Services, including layouts, text, graphics, images, video, 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 the Company's licensors.
- Company Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, published, 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 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 in this document, is prohibited and will automatically terminate your rights to use the Services and any Company Content.
- All rights to use Company Content not expressly granted in this Agreement are reserved by the Company and the Company's licensors.
You may upload, store, publish, display, and distribute information, text, photos, 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 for any transactions or other activities that take place on or through the User's Websites. By posting or distributing User Content on or through the Services, you represent and warrant to us that (i) you have all necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content user does not infringe or violate the rights of any third party. Solely for the purpose of providing the Services, you grant the Company a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, extract (in whole or in part), publish and distribute User Content; and (ii) make backup or archival copies of User Content and User Websites. Except for the rights expressly granted herein, the Company does not acquire any right, title, or interest in or to User Content, all of which will remain solely with you.
We do not exercise control or accept responsibility for User Content or the content of any information that passes through our computers, network centers and 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 in our sole discretion, including, but not limited to, removal of all or a portion of User Content or User Websites, and suspend or cancel each and every Service without refund if you violate the terms of this Agreement. You hereby agree that the Company will have no liability for any corrective action that we may take.
The Services do not comply with the US 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 the storage or control of access to sensitive data, such as information about children or medical or health information. We do not control or monitor the information or data that you store or transmit through our Services. We specifically disclaim any representations or warranties that the Services, as offered, are HIPAA compliant. Users who require the secure storage of "Protected Health Information", as defined in 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 is grounds for immediate account termination. We do not enter into “Business Partner Agreements” and you agree that the Company is not your HIPAA-compliant business partner, subcontractor, or agent. If you have questions about the security of your data, please contact us by phone or chat.
Payment Card Industry Security Standard Disclaimer.
We comply with the Payment Card Industry Security Standard ("PCI Standard") in relation to the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information that you collect on your user website. We do not monitor the compliance of user websites and therefore cannot verify whether any user website is compliant with the PCI standard.
Certain services; 404 error page.
In case you do not configure a 404 error page, the Company will configure a default 404 error page to appear in the event that an Internet user enters a URL related to your domain but for which there is no associated file. By not setting up a 404 error page, you consent to and authorize the Company to place 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 can 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.
Third party products and services.
Third Party Providers.
We may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third-party provider. Third party discounts, promotions and special offers may be subject to additional restrictions and limitations by the third party provider. You must confirm the terms of any purchase and use of goods or services with the specific third-party vendor you are dealing with. See Appendix A for links to the terms and conditions of certain third-party providers. Appendix A is a representative list and not a complete list of goods or services offered by external providers.
The Company makes no representations or warranties regarding, and is not responsible for, the quality, availability, or timeliness of 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 related to third-party providers. The Company is not an agent, representative, fiduciary or trustee of yours or the third party provider in any transaction.
The company as a reseller or sublicensee.
We may act as resellers or sublicensees of certain third-party services, hardware, software, and equipment used in connection with the Services ("Resold Products"). We will not be responsible for any changes to the Services that make the Resold Products obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer defects of the Resold Products, whether sold, sublicensed or provided by us, will not be considered a breach of the Company's obligations under this Agreement. Any rights or remedies you may have with respect to ownership, license, performance, or enforcement of any resold Product are limited to the rights granted to you by the manufacturer of such resold Product. You have the right to use any resold Product supplied by us only in connection with your use of the Services as permitted in this Agreement. You shall not make any attempt to copy, alter, reverse engineer or alter such resold Product or use it in any way other than in connection with the Services. You may not resell, transfer, export or re-export any resold Product, or any technical data derived from it, in violation of any applicable law, rule or regulation.
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, images, designs, sound, video, information and other content. or elements. 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 verified by us for accuracy, appropriateness, or completeness. 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 apply. You should review the applicable third party terms and policies.
Prohibited Persons (Countries, Entities and Individuals).
The Services are subject to the laws and regulations of export control and economic sanctions administered or enforced by the United States Department of Commerce, the Office of Foreign Assets Control of the Department of the Treasury ("OFAC"), the Department of State and other United States authorities (collectively, "US Business Laws"). You may not use the Services to export or re-export, or allow the export or re-export, of software or technical data in violation of US trade laws. Additionally, by using the Services, you represent and warrant that you are not (a) a person, organization or entity organized or located in a country or territory that is subject to OFAC sanctions (including Cuba, Iran, Syria, North Korea). , or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such person; (c) otherwise a party prohibited by U.S. trade laws or (d) engages in nuclear, missile, chemical, or biological weapons activities to which Americans cannot contribute without a license from the United States government . Unless otherwise provided with explicit written permission, the Company also does not register and 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. OFAC sanctions. The obligations under this section will survive any termination or expiration of this Agreement or your use of the Services. individuals may not contribute without a license from the US government.Unless otherwise provided with explicit written permission, the Company also does not register and prohibit the use of any of our Services in connection with any Domain Name country code top-level ("ccTLD") for any country or territory that is the target. OFAC sanctions. The obligations under this section will survive any termination or expiration of this Agreement or your use of the Services. individuals may not contribute without a license from the US government.Unless otherwise provided with explicit written permission, the Company also does not register and prohibit the use of any of our Services in connection with any Domain Name country code top-level ("ccTLD") for any country or territory that is the target. OFAC sanctions. The obligations under this section will survive any termination or expiration of this Agreement or your use of the Services.
Security of company accounts and systems.
It is your responsibility to ensure that the scripts / programs installed on your account are safe and that the directory permissions are set correctly, regardless of the installation method. When possible, set the permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions performed 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 can be performed to prevent weak passwords from being used. 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.
The Services, including all related network equipment, networks, and devices, are provided for customer's authorized use only. We may, but are not required to, monitor our systems, including but not limited to ensuring that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational safety. During tracking, information may be scanned, examined, recorded, copied, and used for authorized purposes. By using the Services, you agree to supervision for these purposes.
Any account found connecting to a third party network or system without the third party's authorization is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. We may, at our discretion, request documentation to demonstrate that your access to a third party network or system is authorized.
Any account found to be compromised can be disabled and / or canceled. If you do not clean up 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.
We reserve the right to migrate your account from one data center to another to comply with applicable data center policies, local law, or for technical or other reasons without prior notice.
Compatibility with services.
You agree to cooperate fully with us in connection with our provision of the Services. It is your sole responsibility to 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 on your performance of your obligations, the Company is not responsible for any delay due to your failure to perform your obligations on time.
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 change from time to time in our sole discretion.
You are solely responsible for backing up all User Content, including but not limited to User Websites. The Company does not guarantee that we will make a backup copy of User Content, and you accept the risk of loss of all User Content.
Billing and payment information.
- 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 prior to the period of time during which such Services are provided. Subject to applicable laws, rules and regulations, at our sole discretion, payments may be applied to outstanding invoices on your billing account.
- Auto renewal: Unless otherwise provided, you agree that until and unless you notify us of your desire to cancel the Services, you may be billed, but we are not required to bill you, automatically and on a recurring basis to avoid any interruption to your Services, using your credit card, Paypal or other billing information on file with us.
- Advance Account: If you maintain a credit balance, we will deduct it from the credit balance when you buy products or services from us. If the credit balance is insufficient to process the order, the order may not be processed. Any negative balance in the Advance Account will be payable immediately. 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 notice.
- Taxes: The rates listed for the Services do not include sales, use, income, excise or other applicable taxes imposed by any tax authority, unless otherwise provided. All applicable taxes will be added to your bill as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise noted.
- Late payment or non-payment: Any pending invoice may result in suspension or termination of the Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, we may suspend or terminate your account and pursue collection costs incurred by the Company, including but not limited to any arbitration and reasonable legal and attorney fees. We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
- Dedicated servers: they are subject to being claimed and all content removed if you don't make a payment on time. You have fifteen (15) days from the due date to pay the outstanding amount due for a dedicated server. After 15 days, the data on the dedicated server will be permanently deleted and cannot be restored.
- Domain Payments/Designs: Domain Registrations. No refunds will be given once a domain is registered. In reference to designs of any kind, they are not reimbursed in the same way.
- 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 failure to renew a domain or notification of a domain renewal. No refunds will be given once a domain is renewed.
- Disputas de facturas: It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, Paypal, or any other payment method. We may report 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. If you have any questions about a charge to your account, please contact our billing department for assistance.
Change of price: The Company reserves the right to change prices, the amount of the monthly payment or any other charges at any time. We will provide you with at least thirty (30) days notice prior to charging you for any price changes. It is your sole responsibility to periodically review the billing information provided by us through the user billing tool or through other communication methods, including notices sent or posted by us.
Coupons: Discounts and coupon codes are reserved for new accounts or new customers only and cannot be used towards the purchase of a domain registration unless otherwise specified. If you have previously registered with a particular domain, you will not be able to re-register for that domain with another coupon at a later date. Our sales department will review any accounts that violate these policies and the corresponding charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid for the initial purchase and do not affect renewal or recurring price.
Money back guarantee.
- Dedicated servers: There are no refunds on dedicated servers. The thirty (30) day money back guarantee does not apply to dedicated servers. Managed shared, VPS and reseller services.
The Company offers a thirty (30) day money back guarantee only for shared, VPS and reseller hosting services. If you are not completely satisfied with these hosting services and cancel your account within thirty (30) days of subscribing to the Services, the full amount paid for the hosting will be refunded to you. 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 on our refund policy for additional products or services, please see the Non-refundable Products and Services section.
Cancellations and refunds.
- Refunds: Only new accounts are eligible for a refund. For example, if you already 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.
- Non-refundable products and services: Notwithstanding any provision to the contrary contained in this Agreement, there are no refunds of any fees (including, but not limited to, administrative fees and / or taxes) on Registrations and transfers of Domains, dedicated servers or additional products or services such as Codeguard, Digital Certificates , Shared VPS hosting, SiteLock installation fees for custom software and / or any other Company product or service.
- Proceso de cancelación: You can terminate or cancel the Services from the control panel. If you cancel the Services, you are obligated to pay all fees and charges accrued prior to the effectiveness 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 to update your account information. However, you will continue to have access to use the Services purchased until the end of your prepayment term.
Please note that if you have pending orders on your account at the time you cancel your account, 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 orders, the charges for such orders will be reversed and we reserve the right to cancel such orders.
We reserve the right to reject or cancel any order within thirty (30) days of processing. In such event, we will refund the fees charged for the order.
- Termination: We may terminate your access to the Services, in whole or in part, including the deletion or confiscation of all files, content, and / or domain name records, without prior notice in the event that: (i) you fail to pay for the fees due hereunder. to SacnetSV; (ii) violate the terms and conditions of this Agreement; (iii) your conduct may harm SacnetSV or others, cause SacnetSV or others to incur liability, or disrupt the business operations of SacnetSV (as determined by SacnetSV in its sole discretion); (iv) is abusive to SacnetSV staff in any way; or (v) for any other legal reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, SacnetSV will not refund any fees paid prior to such termination.
AFTER TERMINATION OF SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA MAY BE DELETED.
Shared hosting is designed to host most small business personal websites. To support this, we offer unmetered disk space, unmetered bandwidth, and unmetered websites on some of our plans.
CPU, bandwidth and disk usage:
A- CPU and disk usage allowed.
All use of the hosting space provided by SacnetSV is subject to the terms of this Agreement and the Acceptable Use Policy. The shared hosting space will only be used for: (i) web files; (ii) active email; and (iii) content of user websites.
However, the shared hosting space may not be used for any activities not mentioned above, including but not limited to: (i) storage of media, emails or other data as determined by service providers; or (ii) external storage of electronic files, email or FTP servers; (iii) game server; or (iv) store more than 100,000 files; or (v) run MySQL queries for more than 15 seconds; or (vi) use more than 50% of your website's disk space to store emails. Notwithstanding the foregoing, your email storage cannot exceed 10 GB of disk space used by your Hosting order, even if it is within the aforementioned 50% of your website's disk space. or (vii) use more than 5 GB or less depending on the offer per database. We expressly reserve the right to review each shared account for excessive use of CPU, disk space, and other resources that may affect stability.
If you violate the foregoing, we may, in our sole discretion, ask you to upgrade your package, or to switch to a VPS or Dedicated server (depending on the package that meets your needs) or to terminate access to the Services or remove or remove the User content for 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 measured in cloud and shared hosting services. Additionally, specific limits on services have been mentioned in the product you purchase, including but not limited to shared hosting, cloud hosting, WordPress hosting, VPS, dedicated hosting, and email. If we find any website / package / order / customer that consumes 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 ask you to upgrade your package, or move to a VPS or dedicated server, or we may take steps to restrict bandwidth or other applicable resources for your website / package / order / account.
Reseller conditions and customer responsibility.
- Shared accounts cannot be used to resell web hosting to others. If you want to resell hosting, you must use a reseller account.
- Resellers will ensure that each of their customers, clients or users ("Reseller Users") complies with this Agreement, including for the sake of clarity, Appendix A.
- Resellers are responsible for supporting reseller users, including but not limited to customer service, billing support, and technical support. The Company does not support Reseller Users.
- If a reseller user contacts us, we reserve the right to make a reseller click. incoming on hold until the reseller can assume the responsibility of the reseller User.
- All support requests must be made by the reseller on behalf of the Reseller User for security reasons.
- Resellers are also responsible for all content stored or transmitted on their reseller account and for the actions of reseller users. The Company may hold any reseller responsible for any of its customers' actions that violate the law or this Agreement.
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 out of the reseller's acts or omissions.
- The Company reserves the right to revise our Reseller Program at any time. Changes will be effective when posted online or at any later date as may be set by the Company.
- Resellers in the Company's Reseller Program assume all responsibility for billing and technical support for each User enrolled by the reseller.
Limitation of liability.
IN NO EVENT SHALL 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 LOSS OF, OR LOSS OF, PROFITS, ANY USER CONTENT, USER WEBSITES, OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF THE COMPANY IS AWARE OF OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGARDLESS OF ANY OTHERWISE CONTAINED IN THIS DOCUMENT, THE COMPANY'S LIABILITY TOWARDS YOU OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE, 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 THAT WILL GIVE THE RIGHT TO LIABILITY. THIS IS AN ADDED LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HERE WILL NOT INCREASE THIS LIMIT.
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 each and every one. of claims, damages, losses, liabilities, lawsuits, actions, lawsuits, proceedings (whether legal or administrative) and expenses (including, but not limited to, reasonable attorneys' fees) threatened, declared or presented by a third party against any of the Parties indemnities arising out of or related to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any act or omission on your part. The terms of this section will survive any termination of this Agreement.
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 related to this Agreement, including a dispute regarding the validity or existence of this Agreement.
("Dispute") will be referred and resolved by arbitration in Mumbai, India, in accordance with the provisions of the Arbitration and Conciliation Act 1996; provided that, to the extent that one party may suffer immediate and irreparable damage for which monetary damages would not be an adequate remedy as a result of the other party's breach or threat of breach of any obligation hereunder, that party may seek equitable relief, including a court order. , of a court of competent jurisdiction, which will not be subject to this Section. The arbitration tribunal shall be composed of one (1) arbitrator jointly appointed by the parties within fifteen (15) days from the date of the first recommendation for an arbitrator in writing for one party to the other. If the parties cannot agree on the appointment of such an arbitrator, then the arbitrator will be appointed in accordance with the provisions of the Arbitration and Conciliation Act of 1996. The language of the arbitration will be English. As part of the terms of the appointment of the arbitrator (s), the arbitrator (s) must present a final and binding award or awards within six (6) months after 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 objective, 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 the absolute his discretion. The arbitration award approved by the arbitrator will be final and binding for the parties and will be enforceable in accordance with its terms. The arbitrator must state the reasons for his conclusions in writing. The parties agree to be bound by it and act accordingly. All costs of the arbitration will be borne by the parties equally.
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 implicitly, or may present itself as having, authority to enter into contracts or agreements on behalf of the other party, or to bind or bind the other party in any way.
Governing Law; Jurisdiction.
Unless located in India, any dispute 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, will be governed by substantive laws. of the Commonwealth. from Massachusetts.
If you are located in India, any dispute or claim arising out of or related to this Agreement, the formation of this Agreement, or the breach of this Agreement, including any claim based on an alleged tort, will be governed by the substantive laws of the Republic. from India.
Notwithstanding the foregoing, the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
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 depend on the Company for backup copies. It is your sole responsibility to maintain the backup copies. The Company is not responsible for the files and / or data that reside on 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.
Limited Liability Disclaimer and Warranty.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE COMPANY AND OUR SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR IMPLIED. THE COMPANY AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTY (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 LIABLE FOR, AND EXPRESSLY DISCLAIM ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED TO OR FROM USERS OR STORED BY USERS OR THROUGH USERS. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS 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 complete agreement between the parties with respect to the matters herein. cutlery.
The titles in this document are for your convenience only and are not part of this Agreement.
Changes to the Agreement or the Services.
We can 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 from 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.
If a court of competent jurisdiction determines that any provision or part of any provision of this Agreement is illegal, invalid or unenforceable, the remaining provisions or parts (unless otherwise specified) will remain in full force and effect.
No breach or delay by you or the Company in the exercise of any right or remedy hereunder shall constitute a waiver thereof, nor shall the sole or partial exercise of any right or remedy exclude any other or subsequent exercise of any right. or resource. No express waiver or assent to any breach or breach of any term or condition of this Agreement by any party hereof shall constitute a waiver or consent to any breach or subsequent breach of the same or any other term. or condition thereof.
- Successors: You may not assign or transfer this Agreement or any of your rights or obligations below, without the prior written consent of the Company. Any attempted assignment in violation of this Agreement will be null and void and without any force or effect. We may assign our rights and obligations under this Agreement, and we may engage subcontractors or agents to perform our duties and exercise our rights hereunder, without the consent of the User. This Agreement shall be binding on and to the benefit of the parties hereto and their respective permitted successors and assigns.
- Fuerza mayor: Neither party is liable for any failure or delay in performing any of its obligations under this Agreement (other than failure to make payments when due) if such failure or delay is caused, directly or indirectly, by forces beyond the reasonable control of such party. including, but not limited to, fires, floods, acts of God, labor disputes, accidents, acts of war or terrorism, transport or communications interruptions, supply shortages, or the breach by a third party of any commitment relating to the production or delivery of any equipment or supplies necessary for such party to fulfill its obligations hereunder.
- Beneficiarios de terceros: Except as expressly provided otherwise in this Agreement, nothing in this Agreement is intended, nor shall anything in this document be construed to confer any rights on any person other than the parties hereto and their respective permitted successors and assigns. Notwithstanding the foregoing, the user acknowledges and accepts that any provider of a third-party product or service that is identified as a third-party beneficiary in the description of the service, is a third-party beneficiary of the provisions established in this Agreement, since they relate specifically with your products or services and will have the right to directly enforce the terms and conditions of this Agreement with respect to your products or services against the user as if it were a party to this Agreement.
If you purchase a third-party product or service from the Company, you agree to these Agreements AND the following third-party product or service terms and conditions, which are incorporated herein and made part of this Agreement by reference:
Comodo SSL: https://ssl.comodo.com/terms.php
Servicios principales de Google Apps: https://gsuite.google.co.in/intl/en_in/features/
WordPress: https://en.wordpress.com/tos/ y http://automattic.com/privacy/
This file was last modified on April 08, 2021.