Legal Resource Center

Hosting Service Agreement AND Acceptable Use Policy

Last Revised: 6/20/2020

Note: This Service Agreement and Acceptable Use Policy governs the use of all the hosting services, hosting solutions, cloud services, and other offerings made available by RdyToGo and our hosting partner, Liquid Web LLC.

PARTIES

This Service Agreement and Acceptable Use Policy (Service Agreement/AUP) is between:

  1. You. The terms You and Your refer to any individual or entity who engages RdyToGo for hosting services, hosting solutions, cloud services, and other hosting related offerings (Hosting Services) or has access to hosting Your account with Us. It also refers to your agents, representatives, and end-users (Users). Nothing in this Service Agreement/AUP shall be deemed to confer any Third-Party rights or benefits.
  1. RdyToGo, LLC, a limited liability company incorporated under the laws of the State of South Carolina, with its registered offices at 4015 Belle Terre Blvd, Unit 1505, Myrtle Beach, SC, 29579, United States of America (We, Us, and Our). Our primary website is https://rdytogo.com (Our Website.)

Both parties agree to all terms, conditions, definitions, disclosures, and disclaimers of the Service Agreement/AUP.

If You do not agree, You must discontinue Your use of our hosting service or solution.

This Service Agreement/AUP is made effective as of the date of You subscribed to one of our hosting services or solutions (Hosting Services) or the date of electronic acceptance.

OVERVIEW

The purpose of this Service Agreement/AUP is to set forth guidelines for the expected conduct of users of the Hosting Services and the types of actions and content that are contrary to RdyToGo’s mission and philosophies. This Service Agreement/AUP is intended to protect the Hosting Services, employees and customers of RdyToGo, and end users from improper, inappropriate, abusive or illegal activity. RdyToGo may suspend or terminate your right to access and use the Hosting Services if, in its sole determination, it believes you have violated this Service Agreement/AUP.

We are not selling or bundling any products or goods with the Hosting Services.

MODIFICATION OF THIS AUP AND THE HOSTING SERVICES

We may, in Our sole and absolute discretion, change or modify this AUP, and any policies which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to Our Website. Your use of Our Website or the our Hosting Services after such changes or modifications have been made shall constitute your acceptance of this Service Agreement/AUP as last revised. If you do not agree to be bound by this Service Agreement/AUP as last revised, do not use (or continue to use) Our Website or the Hosting Services. In addition, We may occasionally notify you of changes or modifications to this AUP by email. It is therefore very important that you keep the information in your account with Us (Account) current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, We may terminate Your use of Hosting Services for any violation or breach of any of the terms of this Service Agreement/AUP by You. WE RESERVE THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF OUR WEBSITE OR THE HOSTING SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

DEFINITIONS

Below is a list of definitions used in this Service Agreement/AUP and any of the Service Agreement/AUP’s attachments, annexes, or schedules.

  1. Add-On means a package of computer files containing code, graphics, and data that extends the Content Management System and website beyond the core offering.
  2. Backup Copy means the saved copy of the database and files produced from performing a backup of a website.
  3. Content means materials such as, but not limited to; text, graphics, works, materials, possessions, photos, video, audio, artwork, logos, music, pictures, wording, diagrams, tables, data, information, illustrations, images, ideas, embeds, and code.
  4. Content Management System or CMS means a bundled or stand-alone software application (often Open Source) to create, manage, store, and deploy Content on websites. Examples of CMS’s are WordPress, Drupal, Joomla, and Concrete5.
  5. Database means a structured set of data held in a computer or on Hosting, especially one that is accessible in various ways.
  6. Domain or Domain Name means the unique name that appears in the URL for a website used to allow users to visit the website. (Example: YOURNAMEHERE.com).
  7. Domain Registrar or Domain Name Registrar means an organization or commercial entity that manages the registration and reservation of Domain Names.
  8. Embed means the same as an Add-On.
  9. Extension means the same as Add-On.
  10. Inappropriate means anything, anyone, or any action that is or thought to be: illegal, racist, political, religious, sexual, marijuana-related, drug or tobacco-related, pornographic, nudist, adult service-oriented, pornographic, distasteful, prejudice, hateful, intolerant, terrorist, lude, or derogatory.
  11. Open Source or Open Source Software means any software licensed with an Open Source License.
  12. Open Source License means a type of software license that complies with the “Open Source Definition” found on the Internet webpage located at https://opensource.org/osd. A list of currently valid Open Source Licenses is available on the Internet webpage located at https://opensource.org/licenses/alphabetical.
  13. Plugin means the same as an Add-On.
  14. Premium Theme or Premium Plugins means any Theme or Plugin for which a cost, subscription, payment structure, fee, or license is required, to use, distribute, update, upgrade, or receive support services.
  15. Script means the same as an Add-On.
  16. Template means a package containing graphical appearance details such as the coloration and layout, used to customize the look and feel of the Website via the CMS. Templates or Themes allow users to change the look and feel of a CMS based website or installation without altering the information, Content, or the structure of the website. The Template or Theme is a set of computer files that collectively define the look and feel of a website.
  17. Theme means the same as Template.
  18. Third-Party means a person, entity, or organization who is not a party to this Service Agreement/AUP.

YOUR ACCEPTABLE USE

You are responsible for your activities and those of your Users and will abide by this Service Agreement/AUP. The Hosting Services shall be used solely for legitimate business and commercial purposes, and you shall not use the Hosting Services for activities which, in Our sole discretion, may be Inappropriate or in a manner that interferes with or adversely affects the Hosting Services or use of the Hosting Services (including deliberate attempts to overload a system and broadcast attacks) or that would expose Us to criminal or civil liability. Some examples of prohibited activities follow, but this is not an exhaustive list. You and your Users agree not to use the Hosting Services for:

  1. Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.
  2. The unauthorized access, monitoring, collection, or use of data, systems or networks.
  3. Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
  4. Engaging in offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.

In addition, You and your Users must comply with all applicable laws, rules and regulations related to your use of the Hosting Services, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.

INVESTIGATIONS

We reserve the right at all times to investigate any actual, suspected, or alleged violations of this Service Agreement/AUP. You shall reasonably cooperate with Us in investigating and correcting any actual or alleged breach of this Service Agreement/AUP by Yourself of any User. We further reserve the right to cooperate with legal authorities and Third-Parties in investigating any alleged violations of this Service Agreement/AUP, including disclosing the identity or of any User that We believe is responsible for such violation. We may implement technical mechanisms to prevent Service Agreement/AUP violations.

Nothing in this Service Agreement/AUP shall limit Our rights and remedies at law or in equity that may be available.

CONSEQUENSES

If We, in Our sole discretion, reasonably believe that You or Your Users violated this Service Agreement/AUP, We may suspend your Hosting Services without prior notice, terminate your agreement with Us, and/or block any traffic that We reasonably believe is in violation of this Service Agreement/AUP.

In addition to any other remedy We may have, we may charge you Our standard hourly rate together with Our reasonable legal fees, and the cost of equipment and material needed to investigate, respond to, and remedy any violations of acceptable use according to this Service Agreement/AUP.

INVESTIGATION DISCLAIMER

We are under no duty to monitor Your or Your User’s activities, and We disclaim any responsibility for any of Your or Your User’s misuse of the Hosting Services. We have no responsibility for any User or other Third-Party material or information created, stored, maintained, transmitted or accessible on or through the Hosting Services, and are not obligated to monitor or exercise any editorial control over such material. In the event that We become aware that any such material violates this Service Agreement/AUP and/or exposes Us to civil or criminal liability, We may, but are not required to, block access to such material. Unless otherwise stated in this Service Agreement/AUP, We disclaim any obligation to any person who has not entered into an agreement with Us for use of the Hosting Services.

NOTICE OF VIOLATIONS

If You become aware of any violation of this Service Agreement/AUP by anyone, including Your Users, you must immediately notify Us using the Abuse Report Form found here.

YOUR PAYMENTS

RECURRING PAYMENT OPTIONS AND AMOUNTS

You will pre-pay for each calendar month of the Hosting Services unless either party terminates the Hosting Services and this Service Agreement/AUP.

Rates are subject to change. If the rate changes, You have the option not to renew the Hosting Services before the rate change affects Your next payment.

You will make all payments with an acceptable form of payment. We will not accept other forms of compensation, such as, but not limited to, referrals, or the trading of products or services.

  • If You have elected to pay monthly, You will pay Us with a debit or credit card only and authorize Us to set up automatic payment processing, which is due and payable monthly on the 1st day of each month.
  • If You have elected to pay yearly, You will pay with debit, credit, cash, or checks. You will make Your first payment, which is due and payable on the 1st day of the month that the Hosting Services commence. Your following payments are due and payable on the same day each subsequent year.

LATE PAYMENTS

Both parties consider a payment late if it is received it on any day after the due date.

  • If You pay late, We may withhold from performing the Hosting Services until payment is received. You will not use nor will you expect to use the Hosting Services until You make Your payment and the late payment fee (see “Other Fees” section.)
  • If an entire calendar month elapses past a due date without compensation from You, We will terminate the Hosting Services and this AUP and discontinue performing the Hosting Services.

OTHER FEES

You agree to pay these additional fees if applicable:

  • bounced checks ($35 each)
  • late payments ($10 each)
  • work beyond the scope of the Hosting Services. You will pay at Our going rate at the time the fee is due (time is rounded up to the nearest half-hour)
  • Third-Party fees and payments (at times these fees may pass through Us)

We may choose not to charge a particular fee that is due. If We fail to charge a fee or delay charging a fee, it does not constitute a change in the fees, due dates, or exempt You from the fee or future fees.

SCOPE OF WORK

OVERVIEW

The Firebolt Service is made of two types of tasks; (1) Core Tasks and (2) Support Token Tasks.

(1) CORE TASKS

(2) SUPPORT TOKEN TASKS

PROCEDURE FOR WHEN PROBLEMS OCCUR

WORK BEYOND THE SCOPE AND TIME TRACKING

Tasks that are beyond the scope of this Service Agreement/AUP and are not available in the Hosting Services include but are not limited to:

  • Performing any Inappropriate work.
  • Creating or editing new Content, images, shooting photos or video
  • Create a new website or changing any part of a website such as making it mobile-responsive
  • Create a new Theme or Plugin or adding custom code or functionality to an existing Theme and Plugin. Updating a highly customized theme. Removing Theme customization or researching previous theme customization.
  • Search engine optimization work (such as but not limited to adding keywords, descriptions to webpages, boosting page ranks, building site backlinks, increasing website traffic, etc.)
  • Work on WordPress or Multisites
  • Configure DNS
  • Set up Cloudflare, firewalls, CDNs, or other service integrations
  • Paid marketing
  • Payment gateway configuration
  • Set up email accounts
  • Work on websites hosted by WordPress.com or the Rainmaker Platform
  • Transfer a non-WordPress website to WordPress
  • Update a highly customized WooCommerce set up

Except for performing any Inappropriate work, You may contract Us separately to perform these tasks.

We record all work time that each member of Our team spends performing any work that is beyond the scope of this Service Agreement, including, but not limited to, time spent with:

  • All communication in connection with delivering the job regardless of the method, type, or medium of communication. This communication may include internal communication between each member of Our team, as well as communication with You, and Third-Parties.
  • Performing all work involved in delivering the request, including but not limited to; research, development, content creation, and working with Third-Parties.
  • Conducting security reviews, policy reviews, or any other reviews.
  • Documenting the progress of the Support Ticket, updating Your account in our systems, or other clerical tasks related to performing the request.

We track time spent performing the work that is beyond the scope by the half-hour increments. We invoice work that is beyond the scope every week. We tally any time accrued during a week and round-up by the nearest half-hour increment. For example, 1h 20m will be tracked as 1.5h.

SUPPORT TICKET REVIEWS

SECURITY REVIEW

For both parties’ protection, We may verify that communications between both parties, such as but not limited to, messages, phone calls, or Support Tickets, are not false, forged, or impersonations of You or any of Your staff. If a communication, message, or Support Ticket fails to pass the security review, it may be discarded, and We may inform You.

  • We are NOT REQUIRED (and You will not expect Us) to provide this level of security clearance for any communication, message, or Support Ticket.
  • We may perform the security review if We are suspicious or doubtful of communication, the request it represents, or its origin.
  • We will choose the methodology and process used to perform the security review.

POLICY REVIEW

We verify that a Support Ticket conforms to all the policies listed below. If a Support Ticket fails to pass this policy review, We will mark the Support Ticket as pending or closed depending on the situation and inform You.

 

  1. Appropriateness: The Support Ticket must not request that Content or anything Inappropriate is used in performing the Firebolt Service.
  2. Copyright and Licensing: If the Support Ticket requires the addition, removal, or modification of Content, You MUST own all the rights, including copyright to any Content used or provide proof of licensing.
  3. Contractual Requirements: The Support Ticket will not request for the violation of any contractual terms and obligations that either party holds with Third-Party.
  4. Hosting and Resource Limitations: The Support Ticket must not ask for work to be performed that could exceed the limits of the Hosting service or Domain Name service. Read the “Hosting Service Resource Limits and Account Suspension” section.
  5. Legal and Lawful: The Support Ticket must not request work to be performed that does not conform with all applicable laws, especially the data and privacy laws. Read the “Privacy Policies and Data Protection Regulations” section. Where no law exists to prevent abuse of what the general public commonly accepts as unlawful, discriminatory, or untruthful, We choose whether to approve the Support Ticket, and You MUST accept our decision and indemnify us from any consequences.

TERMINATION

  • You may request the Hosting Services to be reinstated, but first, You MUST pay any past due balance owed and any late payment fees.

WAYS TO TERMINATE

There are four ways to terminate the Hosting Services and this Service Agreement/AUP:

  1. If You discontinue paying or fail to pay Your payments for the Hosting Services, it will be understood that You want us to terminate the Hosting Services. We will end the Hosting Services. If We do not terminate the Hosting Services immediately, this SHALL NOT mean a change in the Service Agreement/AUP or that You would expect free service. 
  2. You may request that the Hosting Services be terminated after the currently paid for month(s) of service. You will not be charged for the next unpaid month and will not receive a refund for the current month(s). 
  3. We may terminate the Hosting Services if You abuse the Hosting Services or break Your contractual obligations in any way. 
  4. We may inform You that you may not renew the Hosting Services for another month for any reason. However, We will continue to perform the Hosting Services until the currently paid for month(s) are completed.

We may allow a period of a few days to pass before terminating the Hosting Services.

TERMINATION AND YOUR DATA AND SOFTWARE

Upon Termination of the Hosting Services your website(s), email, data, and other services, backups, and software that depended on your Hosting Service may no longer exist. It is Your responsibility to have a backup copy and plan to keep your website(s), email, data, other services, backups and software working and available with a new hosting service provider. You take on full responsibility to handle any of the tasks that We had performed as part of the Hosting Services. You will absolve Us of all liability regarding any part of Your Website or business active immediately. If You make any mistakes or receive any losses, You accept full responsibility. You will indemnify and hold Us harmless to any copyright infringement or abuses, including attorney fees and legal expenses that are incurred from termination onward.

 

OWNERSHIP, COPYRIGHTS, TRADEMARKS

You guarantee, represent, and warrant that all the Content You place on the Hosting Services is owned, copyrighted, or licensed by You. And that You have obtained all waivers, authorizations, and other documentation that may be appropriate to evidence such ownership or licensing. We have the right to require You to show proof of such evidence and make duplicate copies of such evidence for Us to keep at any time. You agree to indemnify and hold harmless Us to any copyright infringement or abuses, including attorney fees and legal expenses that may be the result because of claims by Third-Parties related to such materials.

PREMIUM SOFTWARE, THEMES, AND PLUGINS

PREMIUM SOFTWARE, THEMES, AND PLUGINS PROVIDED BY YOU

For clarification, Your Premium Software, Themes, and Plugins are those that You acquired, purchased, licensed, or otherwise provided for use with Your Website. You will not ask Us to pay for or renew the license of any of Your Premium Software, Themes, and Plugins under any circumstance. You will not expect Us to keep Your Premium Software, Themes, and Premium Plugins to be maintained, updated, upgraded, or working if your license to use them has expired.

PREMIUM SOFTWARE, THEMES, AND PLUGINS PROVIDED BY YOU

For clarification, Our Premium Software, Themes, and Plugins are those that We acquired, purchased, licensed, or otherwise provided for use as part of the Hosting Services. You grant us the right to use, and We may make use of Premium Software, Themes, and Plugins. (Example: We often use the WP Rocket plugin to boost a website’s speed and performance.) If We do choose to use Our Premium Software, Themes, and Plugins, We will provide them at no extra cost to You while We are performing the Hosting Services. And We may maintain, activate, deactivate, update, install, uninstall, delete, or upgrade them. Upon termination of the Hosting Services, we will deactivate, uninstall, and delete them (see “Termination” section.)

WEBSITE DOWNTIME AND OUTAGES

WHEN THE WEBSITE IS NOT WORKING

Due to various causes, both natural and human-made the Hosting Services or Your Website could become unavailable or experience downtime. Third-Parties could cause these outages (see the “Third-Parties” section.)

When you submit a Support Ticket to Us. We will then work to resolve the Support Ticket. If the outage resides with the Hosting Servers, we will contact Liquid Web LLC to resolve the issue for You according to the reseller arrangement we have with them.

WHEN THE WEBSITE IS BEING MAINTAINED

You realize that the website may experience downtime or error messages while it is undergoing maintenance. You will allow a reasonable time for maintenance to become complete and the website to be brought online.

THIRD-PARTIES

The Hosting Services makes use of various services, software, plugins, and code, which include those from Third-Parties. Many of the Third-Parties may have entered into agreements, contracts, or licenses with either party separately.

RESPONSIBILITIES TOWARD A THIRD-PARTY

Both parties will indemnify each other from Third-Parties according to the “Indemnity” section. You will not hold Us responsible for the actions of any Third-Party or for any downtime, outages, or other losses associated with them at any time. You will be solely and entirely responsible for the ongoing use, payment, renewal, support, and maintenance of Your Domain Name, Web Designer, or any other Third-Party.

COOPERATION WITH THIRD-PARTIES

Both parties will make reasonable efforts to work and cooperate with a Third-Party. You grant Us the right to act on Your behalf while performing the Hosting Services in connection with any Third-Party.

HOSTING SERVICE RESOURCE LIMITS AND ACCOUNT SUSPENSION

Your agreement with Us grants You limited amounts of computer and Internet resources, such as an Internet connection speed, disk storage space, memory usage, bandwidth, etc. If You meet or exceed the limits stipulated by Your plan, We may temporarily suspend Your account, or other unwanted consequences may arise.  We may also suspend or limit resources if Your payment failed or is late.

 

When these issues with Your plan arise, You will choose how You wish to handle the problem. You may either (1) make changes that lower the usage of these resources, or (2) upgrade the current package or agreement with Us to a plan that has ample resources for Your Website’s needs.

PRIVACY POLICIES AND DATA PROTECTION REGULATIONS

Various governing bodies regulate how both parties store, share, process, use, and disclose-the-use of the personal or private data of their citizens and residents. It is Your obligation and responsibility to learn, understand, and follow these laws. We are not legal counsel and not providing legal advice, and You will not construe us to be legal counsel or as providing legal advice.

We may inform You of the technical requirements that could be required to comply with various laws and regulations. You will not hold Us responsible for Your failure to comply with any part of any statute or regulation under any circumstances; also, You will not require, ask, or expect Us to inform You about compliance with any law or regulation. You will indemnify and hold harmless Us against any legal or financial obligations related to failure to comply with any laws.

 

Our Privacy Policy is publicly accessible on their Internet webpages located at https://rdytogo.com/legal/privacy-policy/.

US PRIVACY LAWS

While there is no singular law or regulation in the United States about privacy, the following federal and state laws may apply to You; (1) The Americans With Disability Act, (2) The Cable Communications Policy Act of 1984, (3) The Children’s Internet Protection Act of 2001 (updated in 2013), (4) The Computer Fraud and Abuse Act of 1986, (5) The Computer Security Act of 1997, (6) The Consumer Credit Reporting Control Act, (7) The Children’s Online Privacy Protection Act of 1998, and (8) (The State of California) Business and Professions Code. There may be other laws, regulations, and guidelines not mentioned here or new updates to these laws.

 

If You are located in the United States (primarily if You conduct business with California residents) and do not have a publicly accessible (such as through Your Website) Privacy Policy, We formally recommend that You comply with this law immediately. You must place a compliant Privacy Policy on Your Website.

INTERNATIONAL PRIVACY LAWS

Many nations have laws regarding data and privacy. This list is not complete or updated: (1) Australia – Privacy Act of 1988, (2) United Kingdom – Data Protection Act 1998 (or DPA), (3) Canada – Personal Information Protection and Electronic Documents Act, (4) European Union – Data Protection Directive and the GDPR, (5) India – Data Protection section of the Information Technology Act 2000, (6) Singapore – Personal Data Protection Act 2012, (7) Malaysia – Personal Data Protection Act (PDPA) 2013, (8) South Korea – Personal Information Protection Act, and (9) Vietnam – Article 21 of the Law on Information Technology.

 

The International Laws could affect You if You operate in or conduct business with citizens or companies located in the country where the law is enforced.

EU GDPR REGULATIONS

If You provide a service (free services included) or conduct business with a citizen or resident of a European country, You may have to comply with the European Union’s General Data Protection Regulation. Informing You of technical requirements that may be required to comply with the GDPR, is beyond the scope of this Service Agreement/AUP and will be billed separately.

THIRD-PARTY PRIVACY AND DATA REQUIREMENTS

You could be contractually required by a Third-Party to provide privacy, data, or some other policy in a publicly accessible way (such as through Your Website). Examples include shipping and refund policies from a merchant services provider or the Privacy Policy agreement for iOS App Store Apps that Apple, Inc. enforces. These Third-Party requirements apply only to You.

TAXES

We may inform You of the technical requirements of complying with various tax laws and regulations. We do not provide tax services and are not a counsel about taxes. You will not construe Us as tax counsel. You will not construe Us as a legal counsel about taxes. You will indemnify and hold Us harmless against any legal or financial obligations related to failure to comply with any tax laws.

SALES AND USE TAXES AND TAX EXEMPTION FROM US

You will pay the amount of any sales, use, excise, or similar taxes applicable to the performance of the Firebolt Service or any other of Our services that you are a recipient of, if any, or, in place of such payment, You will provide Us with a certificate acceptable to the taxing authorities exempting You from payment of such taxes.

YOUR PAYROLL TAXES

Our relationship with You will be an independent contractor. You will not deem any of Our personnel for any purpose to be Your employees. You and Your employees will not hold Us responsible to any governing body for any payroll taxes related to the performance of the Hosting Services or any of Our other services.

YOUR SALES AND USE TAXES

It is Your responsibility to learn about and collect the amount of any sales, use, excise, or similar taxes applicable to Your business under the law.

PERSONNEL

We will use qualified personnel to provide the Hosting Services. You agree that Our franchisees and We reserve the right to make changes in Our personnel, including the use of management, franchisees, staff, owners, employees, subcontractors, Third-Party service providers, interns, or apprentices.

PROMOTION

YOUR PROMOTION OF US

You will allow Us to incorporate Our branding on any product resulting from the Hosting Services or Our other services. Web hyperlink(s) should be placed at the bottom of each webpage on Your Website that promotes Us. We will grant You the right to promote Us by placing hypertext links and badges on other websites and social media networks. You will use one of the appropriate badges or examples as described on Our website or as described in an email message or other communication sent from Us to You.

OUR PROMOTION OF YOU

You grant Us rights to use Your names, trademarks, service marks, symbols, or any abbreviations, without Your prior written consent for the promotion of the Hosting Services or Our other services concerning You.

CONFIDENTIALITY

Both parties agree not at any time or in any manner, either directly or indirectly, to use for their benefit, or divulge, disclose, or communicate in any manner any information that is proprietary to the other party (e.g., trade secrets, know-how, and confidential information). Both parties will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Service Agreement/AUP and Hosting Services. We may seek and obtain injunctive relief against the release or threatened release of such information in addition to any other legal remedies, which may be available.

WARRANTIES & GUARANTEES

We do not warrant or guarantee that functions contained in the Hosting Services or any of Our other services will continue to operate and be error-free. You release and hold Us harmless of any liability of damages for lost wages, income savings, or other incidental, consequential, or special damages arising out of the operational errors or malfunctions of the Hosting Services or any of Our other services. Any future notices will not rescind this release.

DISCLAIMERS

EXCEPT AS EXPRESSLY OUTLINED IN THIS SERVICE AGREEMENT/AUP, THE PARTIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE HOSTING SERVICES OR ANY OTHER SERVICE OF OURS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD-PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THE SERVICE AGREEMENT/AUP SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COST OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD-PARTIES ARISING FROM ANY SOURCE.

INDEMNITY

Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from all Third-Party claims, demands, liabilities, costs, and expenses, including reasonable attorney’s fees, costs, and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warrantee under the Service Agreement/AUP or the Hosting Services.

ASSIGNMENT AND TRANSFER

Neither party may assign or transfer the Service Agreement/AUP without the prior written consent of the other party, except that either party may, without the consent of the other, assign the Service Agreement/AUP to a controlled subsidiary of that party or a purchaser of all or substantially all of that party’s assets used in connection with performing the Service Agreement/AUP, provided the assigning party guarantees the performance of and causes the assignee to assume in writing all obligations of the assignor under the Service Agreement/AUP. The rights and obligations of the Service Agreement/AUP shall bind and benefit any successors or assigns of the parties.

ATTORNEY FEES

In any legal action between the parties concerning the Service Agreement/AUP or the Hosting Services, the prevailing party shall be entitled to recover reasonable attorney fees and costs.

SEVERABILITY

If any provision of the Service Agreement/AUP is held invalid, illegal, or unenforceable, the remaining portions of the Service Agreement/AUP shall remain in full force and effect and construed best to effectuate the original intent and purpose of the Service Agreement/AUP.

GOVERNING LAW / FORUM

The Service Agreement/AUP shall be construed per the internal law of the State of South Carolina and the county of Horry without regard to conflict of laws rules. Venue shall be in a court of competent jurisdiction in the State of South Carolina, Horry County, and both parties expressly consent to jurisdiction in such courts.

APPROVED SIGNER

You warrant that the representative who signs and executes this Service Agreement on Your behalf holds the authority to sign on Your behalf and You designate them as the Approved Signer for all approvals related to the Hosting Services. This representative will be responsible for all communication with Us and all processes documented in the Service Agreement/AUP.

COMPLETE SERVICE AGREEMENT / AUP & AMENDMENT

This Service Agreement/AUP referenced above supersedes all prior agreements and understandings between the parties for the performance of the Hosting Services and constitutes the entire agreement and understanding between the parties.

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