Terms of Services


These Terms of Service is an agreement between TheHostMe.com (“The HostMe”, “we”, “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets the general terms and conditions of your use of the products and services provided by The HostMe and of the TheHostMe.com website. By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

Aditional Agreements:

Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies:

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

Elegibility:

By registering for 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 of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions 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, which 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. The HostMe is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact us via email or update your contact information through The HostMe Billing and Support System. Providing false contact information of any kind may result in the termination of your account.

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. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Prohibited Content:

The HostMe has a zero tolerance policy in effect for adult content. We do not allow any content considered “adult material” on our servers. This includes any type of media that may contain nudity, partial nudity, or anything else of adult nature determined in The HostMe’s sole discretion. Violators of this policy will be immediately terminated without a refund. Additional prohibited content is outlined below:

Unacceptable material on our servers include without limitation:

  • Topsites
  • IRC Scripts/Bots
  • IRCD (irc servers)
  • Proxy Scripts/Anonymizers
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Banner-Ad services (commercial banner ad rotation)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts
  • Anonymous or Bulk SMS Gateways
  • Cryptocurrency Miners
  • PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc)

Transfer:

We will make every effort to help you move your website to us. Transfers are provided as a courtesy service for up to 50 cPanel accounts (additional migrations are available at our standard hourly admin rate). We must be able to obtain a FULL cPanel backup from your current host and the compressed account size shall not exceed 5 GB.

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 sign up date.

Transfers outside of the thirty (30) day period will incur a charge; please contact us to receive a price quote. In no event shall The HostMe be held liable for any lost or missing data or files resulting from a transfer to or from The HostMe. You are solely responsible for backing up your data in all circumstances.

The HostMe 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, are the proprietary property of The HostMe or The HostMe’s licensors. These content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of these Content. Any use of The HostMe Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any The HostMe Content. All rights to use The HostMe Content that are not expressly granted in this Agreement are reserved by The HostMe and The HostMe’s licensors.

User Content:

User upload, store, publish, display and distribute information, text, photos, videos and other content (collectively, “User Content”) on or through the Services. 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 The HostMe that:

  1. You have all the necessary rights to post or distribute such User Content.
  2. Your posting or distribution of such User Content does not infringe or violate the rights of any third party.

You may not, however, use your /home/ directory as a location to place backups. Including cPanel/WHM/Third Party applications. All websites are automatically backed-up daily to a separate storage. The HostMe reserves the right to remove any files that violate this policy under our sole discretion. Users who violate this policy are subject to immediate suspension and/or termination.

Solely for purposes of providing the Services, you hereby grant to The HostMe a non-exclusive, royalty-free, worldwide right and license to:

  1. Use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish
    and distribute User Content.
  2. Make archival or backup copies of User Content and User Websites. Except for the rights expressly granted
    herein, The HostMe does not acquire any right, title or interest in or to the User Content, all of which shall
    remain solely with you.

The HostMe exercises no control over and accepts no responsibility for User Content or the content of any information passing through our servers, network hubs and points of presence or the Internet. We do not monitor User Content. However, you acknowledge and agree that The HostMe may, but is not obligated to, immediately take any corrective action in The HostMe’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites and suspend or terminate any or all Services without refund if you violate the terms of this Agreement. You hereby agree that The HostMe shall have no liability due to any corrective action that The HostMe may take.

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. 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.

We do 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. We are not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

The HostMe as Reseller or Licensor:

The HostMe may act as a reseller or licensor of certain third-party services, hardware, software and equipment used in connection with the Services. We shall not be responsible for any changes in the Services that cause any third-party products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of a third-party Products, either sold, licensed or provided by us to you will not be deemed a breach of our obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Third-Party Product is limited to those rights extended to you by the manufacturer of such Third-Party Product. You are entitled to use any Third-Party Product supplied by us only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Third-Party Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Third-Party Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

Third Party Websites and Contents:

Our Services may contain links to other websites that are not owned or controlled by The HostMe (“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.

Account Security and The HostMe Systems:

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. When at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username 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.

The Services, including all related equipment, networks and network devices are provided only for authorized customer use. The HostMe 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.

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. The HostMe may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by The HostMe of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, The HostMe may clean-up your account for an additional fee.

The HostMe 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.

Compatibility with the Services:

You agree to cooperate fully with The HostMe in connection with The HostMe’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 this Agreement may depend upon your performance of your obligations, The HostMe is not responsible for any delays due to your failure to timely perform your obligations.

You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by The HostMe to provide the Services, which may be changed by The HostMe from time to time in our sole discretion.

You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. The HostMe 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.

Server resource allocation:

Following is the maximum server resource which is allocated for various plans:

Plan Processor RAM Inodes
Micro 1 vCore 256 MB Unlimited
Basic 1 vCore 384 MB Unlimited
Plus 1 vCore 384 MB Unlimited
Business 1 vCore 512 MB Unlimited
Basic Unlimited 1 vCore 384 MB 100000
Plus Unlimited 1 vCore 512 MB 180000
Business Unlimited 1 vCore 768 MB 250000
Cloud Micro 1 vCore 1 GB Unlimited
Cloud Basic 2 vCore 2 GB Unlimited
Cloud Plus 3 vCore 4 GB 350000
Cloud Business 4 vCore 8 GB 500000

Server resources for unlimited reseller hosting plans: Following server resources will be allocated per cPanel account created under reseller unlimited plan: Processor: 1 vCore, RAM: 512 MB, Inodes: 80000

Server resources for regular reseller hosting plans & overselling reseller hosting plans: Default resources allocated for per cPanel account for regular reseller hosting and overselling reseller hosting plans are: Processor: 1 vCore, RAM: 512 MB, Inodes: Unlimited.

Billing and Payment Information:

Multiple Accounts:

Users may not jump to multiple accounts to abuse “new customer” discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system is subject to termination without a refund.

Prepayment:

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.

Autorenewal:

Unless otherwise provided, you agree that until and unless you notify Us 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.

Taxes:

Listed fees for the Services do not include any applicable sales, use, revenue, excise, goods and service or other taxes or cess imposed by any taxing authority. Any applicable taxes will be added to The HostMe’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

Late Payment

All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, The HostMe may suspend or terminate your account and pursue the collection costs incurred by The HostMe, including without limitation, any arbitration and legal fees, and reasonable attorney’s fees. The HostMe will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Fraud:

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. The HostMe may report any such misuse or fraudulent use, as determined in The HostMe’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Money-back Guarantee:

The HostMe offers a thirty (30) day money-back guarantee for The HostMe’s hosting services only. The money back guarantee is subject to the terms described in Section 13 below and you’ll only be eligible for a refund only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. If you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a 100% refund of the amount paid by you. Requests for these refunds must be made by raising a support ticket to our sales support department. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances if you do not provide the applicable Refund Request within the Notice Period.

Refund Eligibility:

Only first-time accounts and first purchased refundable product or service is eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.

Refundable Products:

Any of the Web Hosting and Reseller Hosting products are refundable.

Non-refundable Products and Services:

There are no refunds on domain names, license fees and installation fees for custom software. There is no refund on any of the third party product and service offered by us. Please note that if you have purchased a domain and/or any other third party product or service in conjugation with any of our product or service, The refund will be processed after deducting the cost of the Third-Party product and services.

Cancellation Process:

You may terminate or cancel the Services by through the client area after logging in to your The HostMe account. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) The HostMe may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, cancelation fee, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

Once we receive your cancellation request and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received.” The HostMe will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately. We require all cancellations to be done online form in order to (a) confirm your identity, (b) confirm that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

Domain and any third party products or services once renewed, can’t be canceled.

Termination:

The HostMe 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 this Agreement; (iii) your conduct may harm The HostMe or others or cause The HostMe or others to incur liability, as determined by The HostMe in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Thye HostMe shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, The HostMe may charge you for all fees due for the Services for the remaining portion of the then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

CPU, Bandwidth and Disk Usage:

Permitted CPU and Disk Usage:

All use of hosting space provided by The HostMe is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. The HostMe reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. The HostMe may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of The HostMe’s terms and conditions.

Uptime Guarantee:

If your shared server has a physical downtime that falls short of the 99.99% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of The HostMe and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit https://thehostme.com/s/clientarea.php to create a support ticket to our Billing department with justification. Uptime guarantees only apply to shared and reseller solutions.

Price Change:

The HostMe reserves the right to change prices, the monthly payment amount, or any other charges at any time. Existing user may be charged with the new price for their existing subscription with us for the remaining period of their subscription with us. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by us through the user billing tool or through other methods of communication, including notices sent or posted by The HostMe.

Coupons:

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. 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. 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. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.

Limitation of Liability:

IN NO EVENT WILL The HostMe, ITS DIRECTORS, EMPLOYEES OR AGENTS 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 WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF The HostMe IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, The HostMe’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 The HostMe 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.

Indemnification:

You agree to indemnify, defend and hold harmless The HostMe, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Independent Contractor:

The HostMe and User are independent contractors and nothing contained in this Agreement places The HostMe and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party or to obligate or bind the other party in any manner whatsoever.

Disclaimer:

The HostMe shall not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for the Services. We disclaim any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by us or our employees.

Backups and Data Loss:

Your use of the Services is at your sole risk. The HostMe’s backup service runs once a day and The HostMe keeps three (3) back-ups at a time. Older backup gets replaced by a new backup. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at The HostMe’s sole discretion. Accounts larger than 20GB or 100,000 inodes WILL NOT be included in daily backups. The HostMe 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 The HostMe’s servers.

Limited Warranty:

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, The HostMe AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. The HostMe AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS 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 HostMe AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Disclosure to Law Enforcement:

The HostMe 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.

Entire Agreement:

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

Headings:

The headings herein are for convenience only and are not part of this Agreement.

Changes to the Agreement or the Services:

The HostMe may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on The HostMe website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

We reserve the right to modify, change, or discontinue any aspect of the Services at any time.

Severability:

If any provision or a portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

Waiver:

No failure or delay by you or The HostMe to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors:

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of The HostMe. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. The HostMe may assign our rights and obligations under this Agreement and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this 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.

Third-Party Beneficiaries:

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees 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 this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

Last Updated: November 13, 2018