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This UTOS, as well as all other present and future Hostable policies, together with all modifications thereto, constitutes the complete and exclusive UTOS between You and Hostable concerning Your use of the Services and/or Software, and supersedes and governs all prior proposals, agreements or other communications. All Hostable policies and agreements specific to a particular Service or Software are incorporated herein and made part of this UTOS by reference, including the dispute policy (“UDRP”). By purchasing Hostable Services or Software, You acknowledge that You have read, understood and agree to be bound by all terms and conditions of this UTOS and any other policies or agreements made part of this UTOS by reference, as well as any new different or additional terms, conditions or policies which Hostable may establish from time to time, and any agreements that Hostable is currently bound by or will be bound by in the future. You may view the latest version of this UTOS online (www.www.hostable.com/Terms-of-Service).
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this UTOS for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who you’re Your Hostable account, whether or not the transactions were intended to be on Your behalf.
1.01 The term “Account” refers to the access, content, and services that Hostable provides to its users. Please carefully read and review the terms and conditions contained herein, as they describe Your legal rights and obligations.
1.03 THE TERMS CONTAINED HEREIN SUPERSEDE AND REPLACE ANY OTHER UTOS OR NEGOTIATION BETWEEN YOU AND HOSTABLE, WHETHER ORAL, WRITTEN OR OTHERWISE, INCLUDING ANY STATEMENTS MADE TO YOU BY ANY REPRESENTATIVE OF HOSTABLE AT ANY TIME. Any amendments, changes, additions, deletions or other modifications of this UTOS are void unless specifically expressed in writing and agreed to by Hostable.
1.05 If You purchase backup service from Hostable, You will have the ability to recover and restore data from the preceding seven (7) day period.
1.07 You agree that Hostable’s entire liability to You under this UTOS, and Your only remedy in connection with any Service provided by Hostable to You under this UTOS, and for any breach of this UTOS by Hostable, shall be limited to the fees paid to Hostable for the particular Service subject to dispute.
2.01 At Your request, Hostable may acquire a Second-Level Domain Name (“Domain Name”), on Your behalf and in Your name, assuming that the Domain Name is available for registration. Hostable will not own or otherwise legally control any Domain Name registered on Your behalf under this section. Hostable provides this service as a convenience to You only and You hereby waive any and all claims which You may have, or which may later arise, against Hostable for any and all damages, losses, claims or expenses arising or related to the acquisition, registration and/or use of the Domain Name. Any costs incurred by Hostable to obtain and/or maintain the Domain Name on Your behalf shall be charged to You by Hostable at an amount determined by Hostable, at its sole discretion. If a Domain Name expires, You will have fifteen (15) days from the date of expiration to renew the domain at the regular renewal fee. Upon expiration of the fifteen (15) day period, if the domain falls into redemption, there will be a $115 administration fee. Under ICANN registration regulations, redemption is when the registry has repossessed the domain.
2.03 Domain Names may be registered by Hostable on Your behalf through a variety of Domain Name Registration services (each a “Registrar”). Hostable acts only as an intermediary between You and the organization providing the Domain Name and has no influence over the assignment of Domain Names. The registration of Your Domain Name is subject to the terms and conditions of those third party registers. In particular, registration of Domain Names binds You to the terms of the Uniform Domain Name Dispute Resolution Policy (“UDRP”), which governs the resolution of most disputes regarding the registration of Domain Names.
2.05 You agree to inform Hostable of any proceeding instituted by any party challenging Your rights to use any Domain Name hosted on Hostable servers, including but not limited to disputes under the Uniform Domain Name Dispute Resolution Policy (“UDRP”), within five days of notification of the same. You shall provide Hostable notice of any negotiations with third parties with respect to ownership and/or intellectual property rights to Your Domain Name within five days of the commencement of such negotiation. Should You for any reason lose Your right to use a Domain Name hosted on the Hostable Servers, through expiration of the registration of the Domain Name, judicial decree, and or administrative decision under the UDRP or otherwise, You agree to immediately inform Hostable of such loss of rights. To the extent Your loss of rights to a Domain Name is accompanied by any judicial decree or administrative decision granting rights to the Domain Name to a third party, You agree to immediately inform Hostable in writing of the identity of the party to whom such rights are to be transferred, as well as of any other information regarding the nature and scope of the decision of the judicial body or administrative panel that rendered the decision.
2.07 As more completely set forth in Section 18, You waive any and all claims You may have, now and forever, against Hostable relating to the registration, use, and subsequent transfers of Your Domain Name and agree to indemnify and hold harmless Hostable from and against any such claims. You agree that Hostable’s entire liability to You under this UTOS, and Your only remedy in connection with any service provided by Hostable to You under this UTOS, and for any breach of this UTOS by Hostable, shall be limited to the fees You paid to Hostable for the particular service in dispute. Hostable and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of Hostable’s services or for the cost of obtaining substitute services. Hostable’s liability shall be limited to the smallest amount permitted by law.
2.09 If Hostable offers Domains free with a package, it is intended only for the terms listed, and for a maximum duration of one year. Domains automatically renew each year on the renewal date and are billed to the customer’s Account at the time of renewal. You acknowledge and agree to pay for all charges and fees relating to Your Domain Name renewal. If Hostable accrues any charges for failed domain registering processing, for any reason whatsoever, then it reserves the right to automatically bill and/or charge the customer’s credit card for all costs involved, including a reasonable administration fee.
3.02 Although the Hostable Software is generally provided free of charge, Hostable reserves the right to charge for the Hostable Software or any upgrades therefore at any time.
3.04 Hostable shall at all times retain title to all the Hostable Software and all related information, including all updates, improvements, modifications and enhancements, furnished to You hereunder.
3.06 While this UTOS is in effect, or while You have custody or possession of any of the Software, You will not: (i) reproduce, copy or publicly display, or permit anyone else to reproduce, copy or publicly display, any of the Hostable Software, whether such Hostable Software is in written, magnetic or any other form, except pursuant to reasonable backup procedures, or for use in Your Web Site pursuant to this UTOS, nor; (ii) provide or make the Hostable Software available to any person or entity other than Your employees or agents who have a need to know consistent with Your use thereof under this UTOS, nor; (iii) create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering or otherwise, the source programs or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to You under this UTOS, nor; (iv) copy for Your own use or the use of others operator manuals, system reference guides, training materials and other user-oriented materials without the prior written consent of Hostable. In order to protect Hostable’s trade secrets and copyrights in the Hostable Software, You agree to reproduce and incorporate Hostable’s trade secrets or copyright notice in any copies, modifications or partial copies.
3.08 Unless agreed otherwise in writing by Hostable, the Hostable Software may be used only on a single computer or workstation. Hostable software designed for use on portable workstations may be installed on both a portable and a stationary computer but may not be used on both simultaneously. You may not install the Hostable Software on a network except to facilitate permissible installation of the Hostable Software on computers attached to the network. You warrant and guarantee that all users of the software shall be aware of and comply with the terms of this license.
3.09 Certain Hostable Software is provided for online use as part of the Hostable Services (the “Hostable Online Software”), and the use of such software may be subject to new user fees posted on the Hostable Web site. The Hostable Online Software is hosted software which runs directly on Hostable’s servers, and You may not download, install, store or make any copies of the Hostable Online Software, nor may You sublicense the Hostable Online Software. You agree not in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Hostable Online Software or any copies thereof and not to assist any third party in doing so. The Hostable Online Software is designed to be used through the Hostable user interface and, as such, may be utilized by any authorized user from any computer or workstation. This license is automatically revoked upon termination of this UTOS. Hostable reserves the right to modify or discontinue the Hostable Online Software at any time without notice.
3.10 Hostable provides its customers with the ability to obtain certain third-party software (the “Third Party Software”), depending on the hosting package ordered. The license conditions governing the use of the Third-Party Software may differ from Hostable’s own software licenses. Customers of Hostable are bound by the conditions of all licenses pertaining to such Third-Party Software and should make themselves familiar with their terms and conditions. Some such Third-Party software is provided under license from Microsoft (“Microsoft Software”), and Customers using Microsoft Software are bound by the T&C Microsoft Software Products, which are incorporated herein by reference. THE PROVISION AND OFFERING OF SUCH THIRD-PARTY SOFTWARE BY HOSTABLE DOES NOT CONSTITUTE AN ENDORSEMENT OF THE THIRD-PARTY SOFTWARE, NOR CAN HOSTABLE MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE AND FUNCTIONALITY OF SUCH THIRD-PARTY SOFTWARE.
3.11 In the event of termination of this UTOS, or upon any act which shall give rise to Hostable’s right to terminate, or upon the expiration of the license for Hostable Software which is subject to a limited-duration license, any and all licenses granted under this Section 2.1 shall terminate automatically, and You will remove, erase or destroy the Hostable Software and documentation and all copies thereof, wherever located, without demand or notice.
4.02 In the case of emergency or natural disaster, Hostable will provide support as soon as it is commercially reasonable to do so.
4.04 Hostable, at its sole discretion, may refuse to provide technical support if You have previously attempted to obtain technical support for any prohibited issue as described in section 4.03 above.
4.05 Hostable is not obligated to provide any technical support except as specified in this section 4. Any and all requests for additional technical support may be refused by Hostable. Any additional technical support which Hostable may subsequently agree to provide to You shall be at Hostable’s sole discretion and may be terminated at any time by Hostable without any liability to Hostable. Hostable, at its sole discretion, may at any time alter or cease providing the technical support which it has agreed to provide to You pursuant to this UTOS without any liability to Hostable.
5.02 Accounts are billed monthly, beginning on the Service(s) activation date. Monthly billing will continue on each monthly anniversary date thereafter until Services are terminated.
5.04 To the extent that You qualify for any promotional rates or special offers from Hostable, these terms and conditions may be modified by the terms and conditions of the promotion or special offer. In such a case, the terms and conditions of the promotion, to the extent they differ from the terms and conditions expressed herein, shall govern.
5.06 Hostable further reserves the right, in its sole discretion, to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
5.08 Services may be terminated as follows: (a) by Hostable upon thirty (30) days written notice (email is an acceptable form of written notice for purposes of this section); (b) by Hostable, at any time and without notice, in the event of non-payment; (c) by Hostable, at any time and without notice, if, in Hostable’s sole and absolute discretion and/or judgment, You violate any term or condition of this UTOS and/or related agreements, or Your use of the services disrupts or, in Hostable’s sole and absolute discretion and/or judgment, could disrupt Hostable’s business operations and/or; (d) by Hostable, in accordance with any of the other cancellation terms contained herein; (f) by You upon written notice or via live chat.
5.10 If Hostable cancels Your Account due to Your breach of this UTOS, Hostable will not be obligated to refund any fees paid in advance of such termination.
5.12 You agree and warrant that all applicable taxes have been paid or will be paid in full by You, when due, regarding all businesses and employees associated with Your use of the Hostable Services and that no taxing authorities shall have any claim against Hostable or any persons affiliated therewith for the payment of such taxes. If You are located in an EU country, it is Your responsibility to assess and pay VAT to the appropriate authority.
6.02 Hostable does not preview the content of its users and therefore all user content is provided “AS IS” and without warranty.
6.04 Hostable will cooperate with all law enforcement efforts pertaining or involving the use of Hostable’s user’s web space, e-mail, and content. This may result in Hostable disclosing all information given to Hostable including but not limited to information contained in Hostable’s customer database records and servers.
6.06 You shall at all times use Your web site exclusively as a conventional web site. All use of Hostable’s Services and equipment shall at all times be in a manner consistent with this UTOS and shall not in any way impair the functioning or operation of Hostable’s equipment or network. Should Your use of the Hostable Services result in an overly high load on the Hostable equipment, in Hostable’s sole discretion, Hostable may suspend Your Account until the cause of any such overload is determined and resolved.
7.02 The following non-exhaustive list details the kinds of illegal or harmful or misappropriate conduct that is prohibited under this UTOS: (a) nudity, pornography, anything of a sexual, lewd, indecent or of obscene nature; (b) violations of any copyright or any other right of any third party, including, without limitation, material protected copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization; (c) threatening, abusive, harassing, harmful, defamatory, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; (d) promotion of illegal activities (info on hacking, cracking, making illegal devices, etc); (e) information, instructions, or software containing or about any kind of virus. (f) hate speech or hate propaganda; (g) content that links to content that violates Hostable’s terms of service in any way; (h) misrepresentation of user’s identity, or the impersonation of anyone, including Hostable personnel; (i) collection of personal information for illegal purposes; (j) content that is deemed by Hostable, in its sole discretion, to be harmful to Hostable, another company or organization, or individual; (k) solicitation or sale of any products or services that are harmful, illegal, dangerous, pornographic, or indecent; (l) use of Hostable servers or a link to Hostable servers for spamming, bulk mail, web bombing, etc.
7.03 You agree that in the event that Hostable is informed by any party that Your Domain Name or any material on Your web site or put on Hostable’s servers infringes the copyright of any party, or violates the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then Hostable may, without prior notice to You and in Hostable’s sole and exclusive discretion, either remove the material from Your web site or Hostable server, and/or disable public access to Your Domain Name or the material on Your web site or Hostable server and/or terminate this UTOS, without any liability of any kind to Hostable from either You or any third party. In concordance with section 18, You waive any and all claims You may have, now and forever, against Hostable relating to any action taken in response to the claim that You have infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless Hostable from and against any such claims
8.02 You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported, the United States or the country in which You reside.
9.01 Disseminating or hosting harmful content including, without limitation, viruses, trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information is strictly prohibited under this UTOS.
10.02 You agree not to make or attempt any unauthorized access to any Hostable website or the website of any Hostable customer.
11.02 You are responsible for maintaining the confidentiality of both Your password and Your Account and are fully responsible for all activities that occur under Your password and Your account. You agree to immediately notify Hostable of any unauthorized uses of the Account or any other breaches of security. Hostable cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Hostable be liable, in any way, for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
12.01 Hostable does not permit the following file types: .cmd, and .bat.
13.01 Hostable user name restrictions are as follows: (a) No vulgar or offensive language; (b) No assumption of another person’s identity; (c) No use of a name that is an organization or entity other than Your own; (d) No use of a name that is trademarked, copyrighted, service marked, or violates the rights of another individual or organization.
14.02 To protect the legitimate Internet use of our Customers across our system, Hostable may immediately suspend service, without notice to any web site or Customer, for the following uses: Customers may not, (a) Use the web site to store web pages, files or data for other IP addresses or Domain Names, or as a repository for files, data or “warez group” download transfer, or (b) Offer adult content.
14.04 You agree that You will install and maintain appropriate and effective screening devices and/or procedures on Your web site to avoid access to, or communication of, any harmful matter or indecent communications to minors.
14.06 Hostable may immediately suspend service, without notice to any web site or you, any web site that in any manner adversely affects the operations or performance of other Hostable customers. In the event of any dispute regarding the aforementioned rules, Hostable may determine violations of these rules in its sole discretion.
14.08 You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express written consent and You shall maintain records of any such written consent throughout the terms of this UTOS and for three years thereafter.
14.10 You agree and understand that at no time will the space, web space, email space, email accounts, web traffic (bandwidth) or database space allocated be divided up and offered for resale.
14.12 You agree that Hostable reserves the right, in its sole discretion, to limit the number of websites that Your Account may operate at any one time.
15.01 You agree to: (a) Maintain a current email address in the Hostable database. Failure to notify Hostable of a change in e-mail address may result in the suspension or termination of Your Hostable Account; (b) Receive emails about a product or service that might be of interest from an advertiser; (c) Receive updates, offers, notifications and newsletters via email from Hostable; (d) Check all of Your email accounts in regular intervals and to download the email stored therein in order to maintain an acceptable data-transfer volume. Hostable may, should the capacity of Your email account be exceeded at any time, return all subsequently received emails to the sender(s) without notice. All items left in the “Deleted” or “Trash” folder on the email server may be deleted, at Hostable’s sole discretion, after thirty (30) days and without notice.
15.02 You may not use Hostable’s or another web site’s mail server to relay mail without the express permission of the Account holder or the web site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) is explicitly prohibited.
16.01 You agree not to distribute, publish, or send any of the following types of e-mail: (a) Unsolicited promotions, advertising or solicitations (commonly referred to as “spam”), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails; (b) Harassing e-mail, whether through language, frequency, or size of messages; (c) Chain letters; (d) UCE (Unsolicited Commercial E-mail), Bulk E-mail, advertising or solicitations (commonly referred to as “spam”). Hostable reserves the right to decide what it considers “spam”, “UCE”, “mail bombing”, or “bulk e-mail”, and to determine from all of the evidence whether or not the e-mail recipients were from an “opt-in” e-mail list. Furthermore, You agree to indemnify and hold Hostable harmless from any claim resulting from Your use or distribution of electronic mail services through the service provided under this UTOS. Anyone using the Services for spamming purposes will be subject to a $300 cleanup/network administration fee per message; (e) Unsolicited posts to newsgroups advertising any URL (Domain) hosted by Hostable; (f) Promoting any software program, product or service that facilitates the use of spam/bulk mail; (g) Emails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.
16.02 Malicious e-mail, including without limitation “mail-bombing” (flooding a user or web site with very large or numerous pieces of mail) or “trolling” (posting outrageous messages to generate numerous responses) is expressly prohibited under this UTOS.
17.02 INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED VIOLATIONS OF THE TERMS OF SERVICE BY YOU.
18.02 During the term of this UTOS, You may have access to certain information and materials relating to the Hostable business, customers, software technology and marketing which Hostable treats as confidential (hereinafter “Confidential Information”). You agree to at all times during the term of this UTOS and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any “Confidential Information” without the express prior written consent of Hostable; and (ii) not use or disclose any of the “Confidential Information” for any purpose at any time, other than pursuant to Your rights under this UTOS for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this UTOS with respect to Confidential Information, which does not rise to the level of a trade secret.
18.04 You agree and warrant that the contact information You have provided is complete and accurate, and You further agree to notify Hostable within fifteen (15) days of any change to any such contact information. Contact information includes Your name, e-mail address, and mailing address and the name, mailing address, telephone number, facsimile number, and e-mail address of the technical and administrative contacts for Your domain, if any.
18.06 You agree and warrant that You neither store or nor allow to be transmitted by Hostable equipment any data or other matter which constitutes, contains or links to child pornography or which involves depictions of nudity or sexuality by age-inappropriate-looking performer (i.e. someone who looks younger than eighteen years of age, regardless of their actual age) or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age by virtue of the advertising, script, make-up, demeanor, costuming, setting, etc., or which could otherwise result from or cause harm to minors.
18.08 You agree and warrant that all data, visual materials, advertising and other matter You store on or allow to be transmitted by Hostable’s equipment shall not violate any state or federal laws concerning obscenity and shall not contain any depictions of bestiality, incest, rape, sexual assault, actual physical violence, torture or disfigurement, or other content deemed objectionable by Hostable, in its sole discretion.
18.10 You agree that if, in Hostable’s sole and exclusive judgment, Hostable concludes that Your web site displays, contains or links to any harmful matter or indecent materials or communications which are available to, or accessible by, minors, or displays or contains any material that consists of child pornography or which could otherwise result in harm to minors; then Hostable may, without prior notice to You and in Hostable’s sole and exclusive discretion, either remove and erase the material from Your Web Site, and/or disable public access to the material on Your Web Site, and/or cease hosting Your Web Site, without any liability of any kind to Hostable form either You or any third party.
18.11 You agree that in the event Hostable is informed by any party that Your domain name or any material on Your web site infringes the copyright of any party, or violates the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then Hostable may, without prior notice to You and in Hostable’s sole and exclusive discretion, either remove the material from Your web site, and/or disable public access to Your domain name or the material on Your web site, and/or terminate this UTOS, without any liability of any kind to Hostable from either You or any third party. As more completely set forth in section 19, You waive any and all claims You may have, now and forever, against Hostable relating to any action taken in response to the claim that You have infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless Hostable from and against any such claims.
19.01 HOSTABLE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOSTABLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
19.03 HOSTABLE’S LIMITED LIABILITY YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS UTOS. IN NO CASE SHALL HOSTABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE HOSTABLE SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICITONS, HOSTABLE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS UTOS, HOSTABLEDOES NOT ENDORSE, WARRANT OR GAURANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE HOSTABLE SERVICES, AND HOSTABLEWILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE HOSTABLE FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF HOSTABLE FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS UTOS SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO HOSTABLE IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH, BUT IN NO EVENT TO EXCEED $150,000.
19.05 This UTOS constitutes the entire agreement between You and Hostable and governs Your use of Hostable, superseding any prior agreements between You and Hostable. You also may be subject to additional terms and conditions that may apply when You use affiliate services, third-party content or third-party software.
If any provision of this UTOS is found by a court of competent jurisdiction to be invalid, the parties hereto agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this UTOS remain in full force and effect.
Nothing in this UTOS is intended to create or constitute an agency, joint or collaborative venture, or partnership of any kind between Hostable and You, nor shall anything in this UTOS be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between Hostable and You. Hostable shall have no control or ownership interests of any kind in Your business. Hostable shall have no direct financial or other interest in, nor in any way “own” any online “store” or other online venture pertaining to Your use of the Hostable Services or Hostable’s equipment. Hostable’s relationship to You shall be restricted to matters pertaining to the provision of the Hostable Services as set forth in this UTOS.
Failure of Hostable, at any time, to enforce any specific provision of this UTOS shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this UTOS shall be valid unless made in writing and signed by a duly authorized Hostable representative.
This UTOS and the rights pertaining hereto may not be assigned, resold or otherwise transferred in whole or in part by You without Hostable’s prior written consent. In particular, You may not sell accounts or subaccounts to third parties. Notwithstanding the above, this UTOS shall be binding upon Your successors and assigns, if any. Hostable may assign or license any or all of its rights and/or obligations hereunder in its free, sole and unfettered discretion.
24.02 YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS UTOS, YOU WAIVE THE RIGHT TO TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND HOSTABLE THAT IS ANY WAY RELATED TO THE SUBJECT MATTER OF THIS UTOS, and that such waiver shall be enforceable up to and including the day that trial begins. Should any legal fees, costs, or other expenses be incurred by Hostable with regard to enforcement of this provision, Hostable shall be entitled to recover such legal fees, costs, or other expenses without regard to whether Hostable prevails in the underlying action.
24.03 Neither You nor Hostable may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this UTOS, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. YOU AND HOSTABLE ACKNOWLEDGE THAT THIS SECTION 24.03 WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION.
25.02 Any modification of or attempt to modify this UTOS shall not be enforceable unless reduced to writing and signed by a duly authorized Hostable representative. No additional or conflicting term in any other document used by You will have any legal effect.
26.01 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this UTOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
27.01 This UTOS constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of Hostable or You has any authority to make any representation or promise in connection with this UTOS or the subject matter thereof which is not contained expressly in this UTOS, and Hostable and You hereby acknowledge and agree that neither Hostable nor You have executed this UTOS in reliance upon any such representation or promise.