While we facilitate your service on the Internet, we are an independent specialist. We just have control of the product or services we supply straight, and are not liable for your actions, the actions of 3rd party company, or the actions of individuals who utilize your instance of such product or services (” End Users”).
HOSTHUNNY Hosting provides a number of product and services to its consumers, which are collectively referred to in these TOS as the “Provider”. Regardless of whether you pay for a Service or it is offered as part of a plan, as a standalone complete rate or reduced service or totally free, any Service you demand or enable to be provided by HOSTHUNNY Hosting is included as part of the “Services” we describe in these TOS and the other Policies. All Services are subject to each of our Policies. Certain Providers may likewise be provided by third parties and their regards to service or usage that may consist of extra or different terms will likewise apply to your use of such Providers. We might change the specs or details of the Solutions at any time but we have no commitment to change the Solutions. In addition, the 3rd parties we contract with to supply Services might change their offering at any time, including between the time of purchase and the date the Providers are delivered. We will use commercially sensible efforts to notify you of modifications to the Providers.
1.Knowledgebase. Extra info on our Solutions, consisting of those listed below, can be found in our Knowledgebase, situated at: https://www.hosthunny.com/kb. These TOS govern where they are in conflict with anything published in the Knowledgebase.
2. Solutions Deal. HOSTHUNNY Hosting offers a number of various product or services, including however not restricted to those listed below. These TOS and our Policies apply to all Solutions, whether or not listed below. Information are available on the websites suggested and the details at those websites does not modify or supplement these TOS or our Policies.
i. Shared Webhosting (databases hosted as part of Shared Webhosting are limited to 5 (5) gigabytes per database and e-mail accounts hosted as part of Shared Web Hosting are restricted to fifteen (15) gigabytes of area): https://www.hosthunny.com/web-hosting
ii. Unmanaged VPS Hosting: https://www.hosthunny.com/vps-hosting/unmanaged
iii. Managed VPS Hosting (Linux based): https://www.hosthunny.com/vps-hosting/managed
iv. Handled VPS Hosting with Root Access (Core Managed): https://www.hosthunny.com/vps-hosting/core
v. Reseller Hosting (databases hosted as part of Shared Webhosting are limited to 5 (5) gigabytes per database and email accounts hosted as part of Shared Web Hosting are limited to fifteen (15) gigabytes of space): https://www.hosthunny.com/reseller-hosting
vi. Cloud Hosting: https://www.hosthunny.com/cloud-vps-hosting
vii. Unmanaged Dedicated Server Hosting: https://www.hosthunny.com/dedicated-server-hosting/unmanaged
viii. Managed Dedicated Server Hosting: https://www.hosthunny.com/dedicated-server-hosting/managed
ix. Managed Dedicated Server with Root Access (Core Managed): https://www.hosthunny.com/dedicated-server-hosting/core
x. Email Hosting (POP3, SMTP, IMAP): https://www.hosthunny.com/email-hosting
xi. Domain Registration: https://my.hosthunny.com/cart.php?a=add&domain=register
xii. These Services make it possible for specific software and development alternatives, including those situated at: https://www.hosthunny.com/solutions.
3. Terms Specific to Domain Name Services.
i. We resell domain. When you apply to sign up a domain name, your request is transferred to Resell.Bizz (www.resell.bizz). By using our Domain Name Services, you accept be bound by Resell.Bizz’s domain registration policies and treatments, so please read them. These policies and treatments are readily available at: www.Resell.Bizz/terms. Because of the mechanics of domain name registration, we can not ensure that your domain name will be signed up. After registration, it is your obligation to ensure your domain does not lapse and is timely restored and we are not responsible for any lapse or any damages triggered by any lapse. We will make commercially affordable efforts to restore any domain that are set to auto-renew. NOTWITHSTANDING THE FOREGOING, ANY SUCH RENEWAL IS YOUR DUTY AND WE SHALL HAVE NO LIABILITY FOR THE FAILURE OF ANY SUCH RENEWAL OR AUTO RENEWAL, ANY RELATED DOMAIN EXPIRATION OR THE REGISTRATION OF ANY EXPIRED DOMAIN BY A THIRD-PARTY.
ii. It is your sole obligation to completely investigate and guarantee that the domain name you sign up does not infringe on the legal or intellectual property rights of others. We do not check to see whether a domain you register or utilize infringes on the rights of any third party and we suggest you consult of legal counsel prior to signing up any domain.
iii. HOSTHUNNY Hosting will use commercially sensible efforts to adhere to any legal order to cancel, customize, or transfer your domain. ICANN’s Transfer Policy requires a 60 day transfer lock to apply to your domain name( s) in case of any “Change of Registrant.” HOSTHUNNY Hosting currently locks your domain name for any modification including your WhoIs details. This feature is designed to protect your domain from any unauthorized effort to move your domain. We do not use an alternative to opt out of the 60 day transfer lock. Any “Modification of Registrant” as specified by ICANN’s Transfer Policy will subject the domain to a 60 days transfer lock. Please keep in mind that the parameters that activate the 60 day transfer lock are subject to change. The present specifications which set off the 60 day lock consist of: (A) modification of registrant Given name, (B) modification of registrant Surname, (C) modification of registrant Organization Name, (D) modification of registrant Email. You also agree and comprehend ICANN’s policies for Domain Verification and any other present or future policies they might enact. More information can be found here: https://www.Resell.Bizz/raa/, http://www.icann.org/en/resources/registrars/registrant-rights/educational, and http://www.icann.org/en/resources/registrars/registrant-rights/benefits
4. Terms That Apply to All Hosting Services.
i. Our Hosting accounts are designated bandwidth depending upon the plan you pick. The bandwidth for Provider purchased does not rollover and is not praiseworthy across periods. In the event you need more bandwidth than you have actually bought, your account might be suspended till the next duration, you might buy additional bandwidth by upgrading your account, your account may be ended for an infraction of the terms of the package you bought, or we may charge you an additional fee for the excess, in our sole discretion.
ii. We will provide, as part of the Service expense, the number of main IP addresses included in the strategy you pick. You may ask for extra IP addresses for an additional charge. If we need to change among your designated IP addresses we will notify you of the change by e-mail. You may utilize the IP addresses offered just in association with the Solutions and they may not be moved.
iii. In using our hosting Services, you might not position extreme burdens on our CPUs, servers, or other resources, including our client support services. You comprehend that bandwidth, connection speeds, and other comparable indices of capacity are optimal numbers. Regularly reaching these capability numbers may lead to our requirement to put constraints on your use of the Services, including suspension or termination of your account or a reduction in bandwidth readily available for your usage (also known as bandwidth throttling), in our sole discretion. You agree that we may place restrictions on your use of the Services or client assistance services to the degree that they exceed using these resources by likewise located clients.
5. Terms That Apply To Specific Hosting Providers.
i. For all Unmanaged Hosting Providers, you are exclusively responsible for supplying the firewall programs and software application and for all setup, maintenance, security, and backup for the Unmanaged Hosting Solutions.
ii. If you make use of Managed or Unmanaged Hosting Service with Root Gain access to, you acknowledge that you are solely responsible for any changes you make while utilizing such access and HOSTHUNNY Hosting may not have the ability to remedy any modifications, recuperate data, or reverse any damage you do when utilizing Root Access abilities. We will use commercially reasonable efforts to fix problems upon demand, as specified in our Support Policy, situated at: https://www.hosthunny.com/about/policies#Support-Policy.
iii. Cloud VPS Hosting accounts are billed by usage and charges will accrue over the billing period based upon the resources used. The preliminary purchase payment is put on your account as a credit that is then applied to your next invoice( s). Given that configurations can be changed at any time, your billing will always show an itemized breakdown of the resources utilized. Extra information can be found in our Billing & Refund Policy.
iv. VPS Hosting accounts are permitted to utilize a maximum of two million (2,000,000) inodes. You may request extra extensions beyond the two million (2,000,000) inode limit however the demand will be granted only after composed request to us and in our sole discretion.
v. Shared Web Hosting accounts are allowed to utilize an optimum of 6 hundred thousand (600,000) inodes and thirty-five (35) concurrent HTTP connections to the server. Backups should be downloaded and gotten rid of after creation.
vi. For Shared, Reseller, Managed and Core Managed Hosting accounts, backups older than thirty (30) days in a consumer account may be removed from the server at our discretion.
vii. For Shared Web Hosting and Reseller Hosting, the terms “unrestricted” and “unmetered” are specified by our experience with likewise situated clients. This suggests that your use of our resources might not go beyond that of similarly located consumers. Shared and Reseller Webhosting Usage may not include: (i) streaming content (besides that which is incidental to your website’s operation), (ii) management of large picture galleries, (iii) storage of a large quantity of uncompressed or full-size digital images, (iv) online file (FTP) serving, (v) circulation of large audio or video material such as MP3 files, and (vi) online backups (i.e. backup of desktop/laptop computer system, files, or anything not straight related to the site). You agree that we might eliminate impermissible materials from our servers at any time in our sole discretion without notice. We may likewise delete the list below kinds of files if we find them to be utilizing excessive quantities of disk area, particularly if affecting other clients: (i) cPanel or other backups saved locally, (ii) Softaculous backups kept locally, (iii) Softaculous backup temperature files, (iv) Common CMS backups saved locally, (v) Typical CMS backup temperature files, (vi) Common CMS backup logs, (vii) excessively sized mistake logs, and (viii) any other large files considered unneeded for core site performance or not containing any valuable information.
viii. For our cPanel Shared Webhosting and cPanel Reseller Hosting Services, our complimentary Server Rewind will offer complimentary backups of your data. These backups will be done utilizing our commercially affordable efforts and may not consist of all files, consisting of some email files, due to technical restrictions. Server Rewind backups are limited to an aggregate 50GB quota. If you exceed 50GB of disk use in your account, your account will no longer be backed up. Please download any cPanel backups and save them locally.
ix. Reseller Hosting accounts are allowed to use a maximum of six hundred thousand (600,000) inodes per account and thirty-five (35) concurrent HTTP connections to the server. Backups should be downloaded and kept from another location.
x. Email Hosting makes it possible for a user to use particular Solutions, consisting of cPanel services, to develop or delete e-mail accounts, manage passwords, set mail box space quotas, or configure other server-specific settings. Email Hosting services undergo particular storage restrictions and we auto-delete e-mail in your garbage or deleted folder after such e-mail ends up being more than thirty (30) days old in order to assist you handle storage limitations. We might likewise delete mail in your spam or bulk mail folder after such e-mail ends up being more than thirty (30) days old in order to assist manage storage limitations. Notwithstanding any automated complimentary backup services, you need to backup and conserve your e-mails in your area to ensure they will be readily available when required. If an e-mail is deleted, we will utilize commercially sensible efforts to recover such e-mail however can not ensure recovery of any emails. Email accounts may undergo storage quotas specified in a particular package.
xi. Our Email Hosting Services do not ensure that your incoming and outbound emails will be delivered; settings beyond our control may impact e-mail deliverability, consisting of emails being sent to a spam folder or emails not being provided at all. IP address blacklisting beyond our control may likewise affect e-mail delivery.
Whether you are a reseller or usage Reseller Hosting Services, you consent to abide, and be bound, by the regards to these TOS and our Policies, consisting of all arrangements related to indemnification and termination for an offense of these TOS and our Policies. All additional or various terms, representations, warranties or covenants than those consisted of in these TOS or our other Policies, consisting of those made about the capabilities of any Services by any third party, are particularly disclaimed. Even more, such proposed extra or different terms will be deemed a violation of the Regards to Service and could lead to cancellation of your account.
You will not have physical access to any of the servers on which your information is stored. These servers will frequently be shown third parties. Usage by any 3rd party might affect your use and administration of the server. You shall not take any actions to limit using or modify the server or Service performance or the functionality of any associated devices.
6. Control Panels
i. cPanel Providers are supplied through a 3rd party. When you subscribe for use of cPanel with any of the Providers, you agree to be bound by cPanel’s End User License Arrangement, readily available at: http://cpanel.com/legal-store.html. Please be sure to evaluate cPanel’s End User License Arrangement prior to use of cPanel-related Services.
ii. Beginning on January 1, 2021 (the “New cPanel License Start Date”), if your webhosting plan features access to cPanel-related Providers, a cPanel license will apply to your plan. Your webhosting plan will figure out which type of cPanel license will apply. Each cPanel license type includes a set variety of cPanel accounts that can be created. If you require additional cPanel accounts than what is consisted of with your strategy’s default cPanel license, you might be required to either update your plan or purchase additional cPanel accounts.
b. Plesk. Providers are offered through a third party. When you subscribe for use of Plesk with any of the Providers, you consent to be bound by Plesk End User License Agreement, offered at: https://www.plesk.com/eula/. Please be sure to review Plesk’s End User License Agreement prior to use of Plesk-related Solutions.
c. Jetpack for WordPress. Jetpack Providers are offered through a third party, Automattic Inc. When subscribing to Jetpack services in connection with hosted WordPress websites with us, you accept be bound by Jetpack’s End User License Contract, offered at: https://wordpress.com/tos/. Please examine Jetpack’s End User License Arrangement prior to using any Jetpack Solutions on sites hosted with us.
d. Keep in mind that with respect to any control panel Solutions, whether Plesk or cPanel, your use of such Services might not surpass that of likewise positioned customers and you concur that we might position limitations on your use of the Solutions to the degree that they exceed using these resources by similarly located consumers. Limitations might consist of a requirement to remove inactive or unused accounts, logins or licenses to moderate your use of control board Solutions.
7. Enrollment; Account Info
a. Enrollment. YOU CALL FOR THAT BEFORE YOU USE ANY ONE OF THE SERVICES OR SIGN UP FOR AN ACCOUNT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE AUTHORITY TO BIND YOURSELF OR THE ENTITY YOU REPRESENT TO THESE TOS. You may be subject to a credit check and screening for possible fraud and accurate info should be provided for purposes of this screening. Even more, prior to utilizing the Providers, you represent and necessitate to HOSTHUNNY Hosting that: (i) you have the experience and knowledge needed to utilize the Services; (ii) you understand and appreciate the risks inherent to you, your organization and your individual, which come from utilizing the Solutions in particular, and doing business on the Internet in general; and (iii) you will offer us with material that may be implemented by us to supply the Providers.
b. Account Info. You are required to offer us with accurate details when establishing your account. You must likewise keep this info, including your email address, approximately date during the course of our relationship. On occasion, we may require to communicate with you by email about the Services. We have no responsibility, or liability, for disturbances in the Providers, or damages of any sort, based on e-mail communications that are misdirected or blocked by a 3rd party application, including as a result of your failure to preserve upgraded account and contact info or for circumstances beyond our control.
c. Account Security
i. You are responsible for all actions that are performed with, by, or under your account qualifications whether done by you or by others. All account access, password, and other security procedures are your duty. HOSTHUNNY Hosting is not liable for any damages, direct or indirect, that arise from unapproved account gain access to or usage.
ii. In addition to terms under the Assistance Policy, situated at https://www.hosthunny.com/about/policies#Support-Policy, in connection with support services, you will be accountable for all authorized actions taken by our assistance workers using your login. Before you ask for assistance, you must backup your data.
iii. You consent to give HOSTHUNNY Hosting approval to access your accounts for the function of fixing technical problems with the account or server and to verify compliance with all of our Policies. We also carry out automated scans of data for security functions and reserve the right to alter authorizations, customize files or quarantine files that are deemed to be destructive in nature.
8. Term of Arrangement; Billing & Payment.
a. Term. We are not bound to perform Solutions until we get payment from you when you checkout through our web platform (the “Reliable Date”). We will start shipment of the Solutions on the Effective Date and continue up until the date set out on the page explaining the Solutions located at my.hosthunny.com (” Preliminary Term”).
b. AUTOMATIC RENEWAL. The Preliminary Term will instantly RENEW for succeeding periods of equal period (each a “Renewal Term”). For additional information on automatic renewal, please see our Refund and Billing Policy situated at: https://www.hosthunny.com/about/policies#Refund-Billing-Policy. If you wish to discontinue the Providers, you require to inform us by utilizing among the techniques listed below before automatic renewal for a Renewal Term. You can notify us by:
i. Sending a cancellation a minimum of one (1) day before the beginning of a Renewal Term through our online cancellation form discovered at my.hosthunny.com; or
ii. Contacting us a minimum of fifteen (15) days prior to the beginning of a Renewal Term by sending an e-mail to billing( at) hosthunny.com (replace “( at)” with “@”) or contacting us through our consumer portal at https://my.hosthunny.com.
c. Termination. No matter the technique of termination by you, valid evidence of account ownership and authorization to cancel are needed to terminate an account.
i. Termination for Benefit.
1. Either celebration might terminate the Services for benefit upon fifteen (15) days prior by supplying written notice to the other. We just accept cancellations through our online cancellation kind discovered at my.hosthunny.com. If you end for benefit, you will be accountable for all charges throughout of the then active Initial or Renewal Term. For information on our Money Back Warranty, please see our Refund & Billing Policy, located at https://www.hosthunny.com/about/policies#Refund-Billing-Policy.
2. Prior to cancelling, we request that you, however do not require you to, call us and request an escalation of your problem if your cancellation is due to unacceptable services or an unsatisfactory answer to a previous concern. If your agreement with us is for a set term, please call us prior to canceling to identify what your charges will remain in connection with the termination. All cancellation demands require to be sent through our online cancellation kind discovered at my.hosthunny.com.
ii. HOSTHUNNY Hosting Termination. We reserve the right to right away suspend or cancel the Services without notice: (a) for an infraction of these TOS, including any of our Policies; (b) for your failure to pay any amounts due, (c) to prevent a service disturbance by an Internet Service Provider or other network providers, or (d) to protect the stability of HOSTHUNNY Hosting’s network or the security of the Services. You are not entitled to notice or protest should we work out these rights. Upon termination, your account will be closed, information erased, and all charges and charges due and payable should be paid to us. Once your account is closed, we have no obligation to: (x) forward email, or other interactions or (y) preserve any information backup that predates the termination date. If enabled, you are motivated to keep the Service active throughout a shift period ought to you look for to forward your email or other communications. If we suspend or end your use of our Providers because you have actually breached these TOS, consisting of any of our Policies, we will not provide you with a credit.
iii. For Breach. You might end the Services upon the incident of a material breach by HOSTHUNNY Hosting, which has actually not been treated within thirty (30) days of our receipt of written notification of the breach. A product breach does not consist of any of the products listed in Section 19( b). Notification of a product breach need to include enough information for us to determine the breach and attempt to take corrective action.
d. Post Termination Gain Access To. If we have the ability to offer data from backup in an account that has actually been ended, you will go through a one-time charge of twenty-five dollar ($ 25) or more to cover the expense of the gain access to. All data in accounts that are not restored or are terminated will be removed from our servers and will likely be irretrievably lost. Any domain registration plans associated with these accounts will also be canceled.
e. Billing, Refund & Payment. Please see our Refund & Billing Policy, situated at: https://www.hosthunny.com/about/policies#Refund-Billing-Policy for extra information on billing, refunds, and payment processes and treatments.
9. Cash Back Guarantee
We do not want any clients to leave. If you do want to leave, we provide a Money Back Guarantee that will enable you to get a full or partial refund of specific costs. For information on this policy, please see our Refund & Billing Policy, situated at: https://www.hosthunny.com/about/policies#Refund-Billing-Policy.
10. Use of the Providers
Your use of the Services is governed by these TOS, including our Policies. HOSTHUNNY HOSTING OFFERS NO ASSURANCE THAT THE SERVICES WILL BE UNINTERRUPTED, OR CONTINUOUS, OR THAT YOU WILL HAVE THE ABILITY TO GAIN ACCESS TO HOSTHUNNY HOSTING’S NETWORK AT A PARTICULAR TIME, OR THAT ANY DATA TRANSFERRED BY HOSTHUNNY HOSTING IS ACCURATE, ERROR FREE, VIRUS FREE, SECURE, OR INOFFENSIVE.
You may offer us with a composed or verbal recommendation of our Services in connection with your use of the Services (” Endorsement”). The Recommendation will be the real first-hand account of your experience utilizing our Solutions. Any Recommendations you supply will be owned by us and we may, at our discretion, utilize the Endorsement to promote our Providers in-person, in print, online, and all other media. We may also edit the Endorsement for brevity or other reasons, so long as it follows your initial Recommendation. In connection with our use of your Endorsement, you hereby agree that we may utilize your given name, last initial, home state, voice or likeness, and/or contact info in connection with its publication of the Recommendation. If, at any time, you desire us to stop utilizing your Recommendation, please call us utilizing the contact information in Section 18 and we will cease using the Recommendation soon after processing your demand.
12. Data Backups
YOU ACKNOWLEDGE THAT IT IS SOLELY YOUR RESPONSIBILITY TO REGULARLY BACK-UP AND MAINTAIN COPIES OF YOUR DATA OUTSIDE OF HOSTHUNNY HOSTING’S NETWORK. HOSTHUNNY Hosting is not responsible for any information loss or corruption, consisting of that arise from: (i) our authorized actions, (ii) those actions you take utilizing the Solutions, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension.
13. Licenses; Intellectual Property; Data Ownership
Services carried out or supplied by HOSTHUNNY Hosting are either HOSTHUNNY Hosting’s original work or are the works of third parties from which HOSTHUNNY Hosting has obtained required approvals to supply and are not “works made for hire”. We hereby approve you a license to utilize the Services and innovation under the terms of these TOS, including our Policies. The license is non-exclusive, non-transferable, non-sub licensable around the world, and royalty complimentary and terminates when you or HOSTHUNNY Hosting ends the Services.
All right, title and interest in HOSTHUNNY Hosting’s technology and the Services will remain with HOSTHUNNY Hosting, or HOSTHUNNY Hosting’s licensors. You are not permitted to circumvent any devices developed to secure HOSTHUNNY Hosting, or its licensors’, ownership interests in the innovation or Providers provided to you. In addition, you may not reverse engineer this innovation or the Services.
14. HOSTHUNNY Hosting’s Warranty
HOSTHUNNY Hosting warrants that it will carry out the Providers in accordance with prevailing market requirements. To make a breach of guarantee claim, you should notify HOSTHUNNY Hosting in composing, specifying the breach in sensible detail, within thirty (30) days of the supposed breach. Your sole and exclusive remedy, and HOSTHUNNY Hosting’s sole and exclusive responsibility, when it comes to a breach of this guarantee is, at HOSTHUNNY Hosting’s choice, to (i) re-perform the Solutions, or (ii) concern you a credit based upon the amount of time the Providers were not in conformity with this warranty, subtracted (” pro-rated”) by the quantity of time they remained in conformance. SERVICES PROVIDED BY THIRD PARTIES ARE EXPRESSLY OMITTED FROM THIS GUARANTEE.
15. Your Representations and Service warranties
a.You accept reasonably cooperate with us to facilitate your use of the Services. This cooperation includes, however is not limited to, supplying us with correct contact and billing information and making sure that you, your workers, and/or representatives have enough technical know-how to understand how to carry out the Services.
b. It is your responsibility to ensure that you can connect with us to utilize the Solutions. You represent and require that you, or the entity you represent, have the sophistication and technical ability to utilize the Services.
c. You have read and consent to the terms laid out in the HOSTHUNNY Hosting Assistance Policy, located at https://www.hosthunny.com/about/policies#Support-Policy.
d. You require and represent that you have full authority and power to accept the regards to these Policies on behalf of the company you represent, if any.
e. You call for and represent that you and/or your business have not been recognized or noted as Specifically Designated National or Blocked Person by the U.S. Department of Treasury, Workplace of Foreign Assets Control.
a.EXCEPT FOR THE SERVICE WARRANTY IN AREA 14 ABOVE, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR INDICATED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR PHYSICAL FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT FUNCTION IS KNOWN TO HOSTHUNNY HOSTING), OR ARISING FROM A COURSE OF DEALING, USE, OR TRADE PRACTICE. No oral or written details or recommendations given by HOSTHUNNY Hosting, its employees, representatives, owners, directors, officers, or affiliates pursuant to these TOS, or otherwise, will develop a representation or service warranty or in any way increase the scope of any representations and guarantees set forth in these TOS. HOSTHUNNY HOSTING DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE COMPLETE OR FREE FROM DEFECTS OR MISTAKES.
b. HOSTHUNNY Hosting is not liable, and expressly disclaims any liability, for the content of any information transferred either to, or from, you or kept by you or any of your consumers via the Services offered by us. HOSTHUNNY Hosting is not responsible for any loss of information, for any factor. HOSTHUNNY Hosting is not liable for unapproved access to, or any corruption, erasure, theft, destruction, alteration or unintended disclosure of, data, information or material, sent, received, or stored on its network.
c. HOSTHUNNY Hosting is not liable, and specifically disclaims any liability, for information breaches or data compromise triggered by your failure to keep web applications consisting of plugins up to date.
d. HOSTHUNNY HOSTING SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING SERVICES OFFERED BY THIRD PARTIES, HOSTHUNNY HOSTING SPECIFICALLY DISCLAIMS ANY AND ALL GUARANTEES REGARDING SERVICES SUPPLIED BY THIRD PARTIES, DESPITE WHETHER THOSE SERVICES SEEM OFFERED BY United States. NO SERVICE WARRANTIES, EITHER EXPRESS OR INDICATED, MADE BY THESE THIRD PARTY ENTITIES TO HOSTHUNNY HOSTING SHALL BE GONE THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A 3RD PARTY BENEFICIARY OF THOSE WARRANTIES.REGARDLESS OF WHETHER THOSE SERVICES SEEM OFFERED BY US. No guarantees, either reveal or suggested, made by these 3rd party entities to HOSTHUNNY Hosting shall be gone through to you, nor shall you declare to be a third party beneficiary of those guarantees.
e. SOME STATES DO NOT PERMIT HOSTHUNNY HOSTING TO OMIT CERTAIN SERVICE WARRANTIES. IF THIS APPLIES TO YOU, YOUR GUARANTEE IS LIMITED TO 90 DAYS FROM THE EFFICIENT DATE.
17. Restriction of Liability
a. It is your responsibility to ensure the accuracy, integrity, title or ownership, and security of anything you get from the Internet. YOU CONCUR THAT HOSTHUNNY HOSTING HAS NO LIABILITY, OF ANY SORT, FOR CONTENT YOU OR YOUR CUSTOMERS ACCESS FROM THE INTERNET.
b. IN NO EVENT SHALL HOSTHUNNY HOSTING BE LIABLE TO YOU IN CONNECTION WITH THESE TOS OR THE SERVICES, REGARDLESS OF THE KINDS OF ACTION OR THEORY OF HEALING, FOR ANY: (A) DATA LOSS, (B) DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF THAT CELEBRATION HAS BEEN ENCOURAGED OF THE POSSIBILITY OF SUCH DAMAGES; OR (C) LOST EARNINGS, LOST REVENUES, LOST BUSINESS EXPECTANCY, BUSINESS DISTURBANCE LOSSES, OR BENEFIT OF THE DEAL DAMAGES. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM “HOSTHUNNY HOSTING” SHALL BE INTERPRETED TO INCLUDE HOSTHUNNY HOSTING’S EMPLOYEES, REPRESENTATIVES, OWNERS, DIRECTORS, OFFICERS, AND AFFILIATES.
c. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONSISTED OF IN THESE TOS OR ANY ONE OF THE OTHER POLICIES, HOSTHUNNY HOSTING SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST REVENUES, LOSS OF CHANCE, LOSS OF SALES, OR LOSS OF ONLINE SEARCH ENGINE RANK, SUFFERED BY YOU, YOUR USERS, YOUR CLIENTS, AND YOUR VISITORS, INCLUDING DURING PERIODS OF SCHEDULED MAINTENANCE, SERVICE SUSPENSIONS, AND INFRACTION OF THESE POLICIES.
d. IN NO OCCASION WILL HOSTHUNNY HOSTING’S LIABILITY HEREUNDER SURPASSED THE AGGREGATE FEES IN FACT RECEIVED BY HOSTHUNNY HOSTING FROM YOU FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT TRIGGERING THE LIABILITY.
e. HOSTHUNNY Hosting will not be delegated any: (i) force majeure events explained in Section 20( b), listed below, (ii) problems or service outages caused due to reboots throughout standard upkeep durations, or (iii) Arranged Downtime, as additional defined in our Server Upkeep Policy. Our uptime dedication described in the Server Maintenance Policy, situated at https://www.hosthunny.com/about/policies#Server-Maintenance-Policy, does not apply to disruptions to your use of the network because of an infraction of these TOS, including our Policies.
a. You accept indemnify, protect, and hold harmless HOSTHUNNY Hosting and its personnel, parent, subsidiaries and affiliated companies, third party service providers, and each of their respective officers, directors, workers, investors, and representatives (each an “indemnified party” and, collectively, “indemnified celebrations”) from and versus any and all claims, damages, losses, liabilities, fits, actions, demands, procedures (whether legal or administrative), and costs (consisting of, reasonable lawyer’s fees) emerging out of or connecting to (i) your use of the Services, including any information migration-related efforts you request from HOSTHUNNY Hosting personnel or authorize HOSTHUNNY Hosting personnel to perform; (ii) any infraction by you of these TOS or any of HOSTHUNNY Hosting’s Policies, including those infractions that result in a disruption of the network; (iii) any breach of any of your representations, warranties, or covenants contained in these TOS, consisting of the Policies; or (iv) any acts or omissions by you. The terms of this area shall endure any termination of these TOS or the Solutions. For the purpose of this paragraph only, the terms used to designate “you” include you, your clients, visitors to your website, and users of your services or products, using which is assisted in by us.
b. HOSTHUNNY Hosting will indemnify and hold you harmless from, and at its own expense accepts protect, or at its alternative to settle, any claim, match, or proceeding brought or threatened against you up until now as it is based on a claim that Providers offered by HOSTHUNNY Hosting hereunder infringes any U.S. patent, copyright, or hallmark. This indemnification arrangement is specifically limited to Solutions that are fully owned by HOSTHUNNY Hosting. It does not reach services or products offered by third parties. If contained and allowed in its arrangements with third-party suppliers, HOSTHUNNY Hosting shall stream down suitable copyright indemnification provisions to you. This paragraph will be conditioned on your alerting HOSTHUNNY Hosting promptly in writing of the claim and providing HOSTHUNNY Hosting full authority, information, and help for the defense and settlement thereof. If a violation claim has actually happened, or in HOSTHUNNY Hosting’s opinion is most likely to occur, HOSTHUNNY Hosting will have the right, at its choice and expense, either to: (i) obtain for you the right to continue using the Service( s); (ii) replace with the Service( s), despite producer, performing the exact same or comparable function as the infringing Service( s), or customize the same so that it becomes non-infringing; or (iii) if neither of the foregoing options is fairly readily available, right away terminate the infringing or affected Services and reimburse the Costs charged by us for the period in which the Services were not available.
a. Notifications will be sent to you at the e-mail address in your account. It is your obligation to make sure that we have the most present email address for you by keeping your account info approximately date.
b. Please describe our site, https://www.hosthunny.com/, for contact details for most problems, consisting of technical support and billing. Notifications regarding this TOS and other HOSTHUNNY Hosting Policies need to be directed to:
#7, J. L. Fernando Mw,
a. Compliance with Law
i. Sri Lanka laws apply to your use of the Services. It is your commitment to validate that your use of the Services complies with applicable laws and we motivate you to read more about Sri Lanka laws to guarantee that your use of our network complies with these laws. More details about Sri Lanka laws might be discovered at: http:// www.lawnet.gov.lk /.
ii. We may divulge info, consisting of information that you may consider private, in order to adhere to a court order, subpoena, summons, discovery demand, warrant, policy, or governmental request or to safeguard our service, or others, from harm. We assume no obligation to inform you that we have actually offered this type of information unless we have actually agreeably agreed to do so. Sometimes we may be prohibited by law from providing such notice. Cooperation with civil litigants is at our discretion. Responding to ask for production of files, and other matters needing more than mere ministerial activities on our part, will sustain a fee of two hundred dollars ($200) per hour. We do not honor requests from civil litigants that expenses be pre-approved, and we may require a deposit to protect payment.
b. Force Majeure. Except for the obligation to pay cash due and owing, neither party will be accountable for any hold-up or failure in efficiency due to occasions outside the party’s sensible control, consisting of without constraint 3rd party service failures, software failures, hardware failures, distributed rejection of service (DDoS) attacks, acts of God, bandwidth disruptions, general network failures, earthquake, labor disagreements, scarcities of supplies, riots, war, fire, epidemics, or hold-ups of common carriers. The commitments and rights of the excused party will be extended on a day to day basis for the time duration equal to the duration of the excusable delay. The celebration impacted by an excusable delay will notify the other celebration as soon as possible, however in no occasion less than ten (10) days from the beginning of the event.
c. Choice of Law, Jurisdiction, and Venue. The credibility, analysis, and efficiency of these TOS, including our Policies, shall be managed by and construed under the laws of the State of Michigan, United States of America, as if performed entirely within the state and without offering result to the principles of disputes of law. You agree that jurisdiction and venue for are unique in the Court in Colombo or the Sri Lanka Supreme Court. The parties particularly disclaim the UN Convention on Contracts for the International Sale of Product.
d. All Claims. All claims you bring against us need to be dealt with in accordance with our Policies. Without limiting the previous sentence, this consists of claims based upon Service failures that are specifically covered by our Policies. All claims submitted or brought contrary to our Policies will be considered to be improperly filed and a breach of our Policies. If you file a claim contrary to our Policies, we may recuperate lawyer’s costs and expenses. Attorney’s charges include any charges charged by our lawyers.
e. No Waiver. No waiver of a right under these TOS, including our Policies, will make up a subsequent waiver of such right under these TOS or any of our Policies.
f. Project. These TOS may be designated by HOSTHUNNY Hosting. It might not be appointed by you. These TOS shall bind and inure to the advantage of the corporate successors and allowed appoints of the parties.
g. Severability. On the occasion that any of the regards to these TOS, consisting of any of the Policies end up being or are declared to be unlawful or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be modified to show HOSTHUNNY Hosting’s intent, as permitted by applicable law. All staying terms of these TOS will remain in full force and impact.
h. Survival. Areas 11 through 18 will make it through the termination of these TOS.
i. Construction. The terms “consisting of”, “includes”, and “include” will be deemed to be followed by the words “without constraint” and the illustrative products introduced thereby shall not limit the scope of the otherwise general term but shall be by way of example just.
j. Claims Duration. No action or continuing versus us may be begun by you more than one (1) year after the Service which is the basis for the action is rendered. You totally acknowledge that this limitation constitutes an express waiver of any rights under any appropriate statute of limitations which would otherwise afford additional time for such a claim.