This Terms of Services agreement (the "Agreement") is entered into by and between Hostimul s.r.o. (“Hostimul”, “we”, “us” or “our”) and you (“User”, “you” or “your”) and is made effective as of the date of electronic acceptance. Agreement sets forth the general terms and conditions of your use of the products and services made available by Hostimul and of the Hostimul.com website (the “Services"). By using the Services, you agree to be bound by the Agreement. If you do not agree to abide by the terms of the Agreement, you are not authorized to use or access the Services.
2. Account Eligibility
2.1. By registering for or using the Services, you represent and warrant that:
2.1.1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of the Agreement.
2.1.2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to the Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
2.2. 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 you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Hostimul is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
2.3.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 maintain the confidentiality of your password and other information related to the security of your account.
2.4. Any dedicated IP order in addition to those provided with the Services may be subject to IP justification. Hostimul reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
3. Account Security
3.1.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. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
3.2. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Hostimul 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.
3.3. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Hostimul may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
3.4. 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 Hostimul of an issue, we reserve the right to leave access to services disabled.
3.5.Hostimul 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.
Hostimul Technical Department will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your order date. Transfers outside of the thirty (30) day period will incur a charge. In no event shall Hostimul be held liable for any lost or missing data or files resulting from a transfer to or from Hostimul. You are solely responsible for backing up your data in all circumstances.
5. Hostimul Content
Except for User 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 ("Hostimul Content"), are the proprietary property of Hostimul or Hostimul’s licensors. Hostimul 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 the Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Hostimul Content. Any use of Hostimul Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Hostimul Content. All rights to use Hostimul Content that are not expressly granted in the Agreement are reserved by Hostimul and Hostimul licensors.
6. User Content
6.1.You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content 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 any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Hostimul that:
(I) You have all the necessary rights to post or distribute such User Content;
(II) Your posting or distribution of such User Content does not infringe or violate the rights of any third party.
6.2. Solely for purposes of providing the Services, you hereby grant to Hostimul 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 User Content;
(II) Make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Hostimul does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
6.3. Hostimul does not exercise any control over, and does not accept any responsibility for, User Content or the content of any information passing through Hostimul's computers, network hubs and points of presence or the Internet. Hostimul does not monitor User Content. However, you acknowledge and agree that Hostimul may, but is not obligated to, immediately take any corrective action in Hostimul’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of the Agreement.
7. Compliance with Applicable Law
7.1. Applicable law is that of the Czech Republic. Any dispute resulting from the Agreement shall be referred solely to a court of competent jurisdiction in the Czech Republic.
7.2.You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is location regarding User Content, User Websites, online activities, email and your use of the Services. We do not offer the Services where prohibited by law.
7.3. For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your Users’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of the Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR). To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.
8. Third Party Products and Services
8.1. Hostimul 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. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third-party provider with whom you are dealing.
Hostimul 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. We do not warrant the accuracy or completeness of any information regarding third party providers. Hostimul is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
8.2. Hostimul may act as a reseller or licensor of certain third-party services, hardware, software and equipment used in connection with the Services ("Non-Hostimul Products"). Hostimul shall not be responsible for any changes in the Services that cause any Non-Hostimul Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Hostimul Products, either sold, licensed or provided by Hostimul to you will not be deemed a breach of Hostimul’s obligations under the Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Hostimul Product are limited to those rights extended to you by the manufacturer of such Non-Hostimul Product. You are entitled to use any Non-Hostimul Product supplied by Hostimul only in connection with your use of the Services as permitted under the Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Hostimul Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Hostimul Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
8.3.The Services may contain links to other websites that are not owned or controlled by Hostimul ("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.
9. Compatibility with the Services
9.1. You agree to cooperate fully with Hostimul in connection with Hostimul’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under the Agreement may depend upon your performance of your obligations, Hostimul is not responsible for any delays due to your failure to timely perform your obligations.
9.2. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Hostimul to provide the Services, which may be changed by Hostimul from time to time in our sole discretion.
9.3.You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Hostimul does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
10. Billing and Payment
10.1. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
10.2. Hostimul reserves right to change the fees for the Services at any time on or after expiration of the Initial Term by providing thirty (30) days prior written notice to you. Written notice may be in the form of notices and updates provided through the User billing tool provided as part of the Services, notices and updates otherwise provided through the Services, or notifications of pricing for renewal terms. It is your sole responsibility to periodically review billing-related information provided by Hostimul through the User billing tool or other methods of communications and notices sent or posted by Hostimul.
10.3. Unless otherwise provided, you agree that until and unless you notify Hostimul 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.
10.4. Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Hostimul’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
10.5. All invoices must be paid on the invoice due date. Otherwise, it will result in the suspension of the Services. Access to the Services and the any content related to the Services will not be restored until payment has been received. Any invoice that is outstanding for more than thirty (30) days will result in the termination of the Services and deletion of all content related to the Services.
10.6. It is a violation of the Agreement for User to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Hostimul may report any such misuse or fraudulent use, as determined in Hostimul’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
10.7. You have ninety (90) days to dispute any charge or payment processed by Hostimul. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
10.8. Hostimul complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of our customer's data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. Hostimul does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
11.1. Hostimul offers a thirty (30) days money-back guarantee period (the “Money-Back Guarantee”). If not completely satisfied with the Services in this period of time, you can cancel the Services and request a refund.
11.2. The Money-Back Guarantee applies for only Shared Hosting, WordPress Hosting, and Reseller Hosting. These services are eligible for a refund. If you received a free domain with your hosting plan, you will be refunded the cost of the hosting minus the cost of the domain.
11.3. The Money-Back Guarantee does not apply for VPS and dedicated servers and these services are not eligible to a refund.
11.4. The Money-Back Guarantee does not apply for domain registrations and these services are not eligible to a refund.
11.5. The Money-Back Guarantee does not apply for additional IP addresses, for SSL certificates, for licenses, for add funds transactions and for other one-time payments and these services are not eligible to a refund.
11.6. Only first-time services are eligible for a refund.
11.7. Any processing fee(s) will be deducted from a refund.
11.8. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund and Hostimul is not responsible for any change in exchange rates between the time of payment and the time of refund.
11.9. Violations of the Agreement will waive User’s rights to refund.
12. Cancelation and Termination
12.1. You may cancel the Services any time from your Client Area on Hositmul.com.
12.2. Hostimul may terminate your access to the Services, in whole or in part, without notice in the event that:
(I) You fail to pay any fees due;
(II) You violate the Agreement;
(III) Your conduct may harm Hostimul or others or cause Hostimul or others to incur liability, as determined by Hostimul in our sole discretion;
(III) As otherwise specified in the Agreement. In such event, Hostimul 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.
12.3. Upon termination of the services for any reason, user content, user websites, and other data will be deleted.
13. Price Change
Hostimul reserves the right to change prices 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 on any annual or longer-term plans. It is your sole responsibility to periodically review billing information provided by Hostimul through the user billing tool or through other methods of communication, including notices sent or posted by Hostimul.
14.1. Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified.
14.2. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date.
14.3. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
14.4. Any account found in violation of these policies will be reviewed by our Sales Department and the appropriate charges will be added to the account.
14.5. Coupon abuse will not be tolerated and may result in the suspension or termination of your account.
15. Resource Usage
15.1. The Services are intended for use in accordance with Hostimul’s Acceptable Use Policy (“AUP”). Any material or conduct that violates AUP is considered as the violation of the Agreement.
15.2. Shared Hosting
15.2.1.Shared hosting space is intended for use to Web files, active e-mail and content of the hosted User Websites, not for storage (whether of media, e-mails, or other data).
15.2.2. Shared hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts.
15.2.3. Hostimul expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of the Agreement or the Acceptable Use Policy.
15.2.4. Hostimul may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete User Content for those User accounts that are found to be in violation of Hostimul policies. You hereby agree that Hostimul shall have no liability due to any action that Hostimul may take, including without limitation suspension or termination of Services in connection with your violation of this section.
15.2.5. Hostimul does not set defined limits on the amount of disk space a User can use for the User's Website or charge fees based on the amount of storage used. However, use of Hostimul resources must be consistent with a shared hosting environment and must otherwise comply with the Agreement. Accounts with a large number of files can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables or of an excessive database size negatively affect the performance of the server. In the event User exceeds the amounts defined by AUP, Hostimul may request that a User’s number of files/inodes, database tables, or total database usage be reduced to ensure proper service performance. Hostimul reserves the right to terminate a User account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.
15.2.6. Hostimul does not set arbitrary limits on the amount of visitor traffic User Websites can receive or on the amount of content a User can upload to User Websites in any given month, nor does Hostimul charge additional fees based on the increased use of bandwidth, as long as the User's use of the Services complies with the Agreement. In most cases, User Websites will be able to support as much traffic as the User can legitimately acquire. However, Hostimul reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Users.
15.3. VPS and Dedicated servers
VPS and Dedicated server usage is limited by the resources allocated to the specific plan that you have purchased.
16. Backups and Data Loss
16.1. Hostimul's backup service runs once a day and any only five (5) days of backups are kept at a time.
16.2. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at Hostimul's sole discretion.
16.3. Hostimul does not maintain backups of VPS and dedicated accounts. Hostimul 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 Hostimul's servers.
16.4. Any shared account using more than 20 GB of disk space will be removed from our off site daily backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive.
17. Technical Support Services
17.1. Except as described otherwise stated below, Hostimul will provide technical support via chat and tickets for the Services (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing Hostimul’s Technical Support Services, you grant Hostimul permission to access your account, if necessary, to resolve your issue. You agree that Hostimul and its agents and employees are not liable for any damage resulting from the provision of customer support.
17.2. Hostimul will not provide Technical Support Services if:
(I) You are in breach of the Agreement;
(II) The need for Technical Support Services is due to (I) any modification or attempted modification of the Services by you or any third party outside of Hostimul’s control, or your failure or refusal to implement changes recommended by Hostimul;
(III) You are abusive toward our staff in any manner.
You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that Hostimul exercises no control over, and accepts no responsibility for, the content of the information passing through Hostimul's host computers, network hubs and points of presence or the Internet.
19. Limited Warranty
THE SERVICES PROVIDED UNDER THE AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” HOSTIMUL AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “HOSTIMUL PARTIES”) 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 PROVIDED HEREUNDER. THE HOSTIMUL PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE HOSTIMUL PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY HOSTIMUL OR HOSTIMUL'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. HOSTIMUL DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. HOSTIMUL DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR HOSTIMUL IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THE AGREEMENT.
20. Limitation of Liability
20.1. HOSTIMUL SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE HOSTIMUL PARTIES 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 THE SERVICES, OR ANY USER CONTENT, USER WEBSITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF HOSTIMUL IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOSTIMUL'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HOSTIMUL 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. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE USER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, HOSTIMUL'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
21. Disclosure to Law Enforcement
Hostimul may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
22. Independent Contractor
Hostimul and User are independent contractors and nothing contained in the Agreement places Hostimul and User in the relationship of principal and agent, partners or joint ventures. 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.
You agree to indemnify, defend and hold harmless the Hostimul 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 Hostimul Parties arising out of or relating to:
(I) Your use of the Services;
(II) Any breach or violation by you of the Agreement;
(III) Any of your acts or omissions, except to the extent any of the foregoing directly results from Hostimul’s own gross negligence or willful misconduct.
The terms of this section shall survive any termination of the Agreement.
24. Entire Agreement
The Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter here of, and the Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of the Agreement.
26. Changes to the Agreement or the Services
26.1. Hostimul may modify, add, or delete portions of the Agreement at any time. If we have made significant changes to the Agreement, we will post a notice on the Hostimul website or sent to you an email for at least thirty (30) days after the changes are posted and will indicate at the bottom of the Agreement the date of the last revision. Any revisions to the Agreement will become effective when posted unless otherwise provided. You agree to any modification to the Agreement by continuing to use the Services after the effective date of any such modification.
26.2. Hostimul 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 the Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by any party hereto 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 by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of the Agreement 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.
29. Assignment; Successors
29.1. You may not assign or transfer the Agreement or any of its rights or obligations hereunder, without the prior written consent of Hostimul. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever.
29.2. Hostimul may assign its rights and obligations under the Agreement and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. The Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
30. Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under the Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
31. Third-Party Beneficiaries
Except as otherwise expressly provided in the Agreement, nothing in the 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. Notwithstanding the foregoing, you acknowledge and agree that any supplier of a third-party product or service that is identified as a third-party beneficiary in the Service description, is an intended third-party beneficiary of the provisions set forth in the Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of the Agreement with respect to its products nor services against you as if it were a party to the Agreement.
This file was last modified: April 9, 2019