Our services are provided by Hostragon™, and you’re contracting with AegisHawk LLC, a legal entity organized under the laws of the State of Georgia, USA, and operating under the laws of the United States.
So when we speak of "Hostragon", "we", "us", and "our", we mean AegisHawk LLC.
Our contact address can be found at www.hostragon.com/contact.html
These terms and conditions of service along with the ones below, collectively govern your use of the Website and the services, features, content or applications operated by Hostragon and provided to the Subscriber:
- Affiliate Agreement
- Acceptable Use Policy
- Domain Registration Agreement
- Support Levels
- Refunds & Cancellation Policy
- Technical Support Agreement
- Website Transfer Agreement
- Service Level Agreement
- Domain Name Dispute Resolution Policy
- Domain Registrant Rights
- ICANN Registrar Transfer Dispute Resolution Policy
These Terms of Service apply to all users of the Services. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Service and you agree to be bound by these Terms of Service on behalf of such organization.
Agreeing to use the Services by clicking "Sign up" constitutes your acceptance and agreement to be bound by these Terms of Service, and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be modified from time to time without notice to you.
Hostragon reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, Hostragon will notify you by posting an announcement on the Website. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
SOME JURISDICTIONS HAVE CONSUMER PROTECTION AND OTHER LEGISLATION WHICH MAY APPLY TO THE SERVICES AND WHICH DO NOT ALLOW CERTAIN PROVISIONS SUCH AS LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET OUT BELOW IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.
1. Eligibility & Age Requirement
1.1 The Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Services, you represent and warrant that you are 13 years of age or older. If you are under the age of 13, you may not, under any circumstances or for any reason, use the Services.
If you’re under the age required to manage your own Hostragon account, you must have your parent or legal guardian’s permission to use our services. Please have your parent or legal guardian read these terms with you.
If you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for your child’s activity on the services.
We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
1.2 To sign up for the Services, you must register for an account on the Services (an "Account"). You must provide accurate and complete information and keep your Account information updated.
You shall not:
- select or use as a username a name of another person with the intent to impersonate that person;
- use as a username a name subject to any rights of a person other than you without appropriate authorization; or
- use, as a username, a name that is otherwise offensive, vulgar or obscene.
You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state, provincial, territorial or other authorities), breach of security or unauthorized use of your Account.
You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify Hostragon promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these Terms of Service and shall constitute grounds for immediate termination of your account and your right to use the Website.
HOSTRAGON WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION OR TO KEEP YOUR ACCOUNT SECURE.
What this means is that by registering with your information, you are guaranteeing the services offered are solely for your use and not a third party – and that all of the information is accurate. Make sure to keep all of your account information updated!
1B. REFUNDS AND MONEY-BACK GUARANTEE
Since Hostragon offers non-tangible and non-returnable goods, we do not issue refunds once an order is finalized and the product is activated. Purchases from Hostragon are not refundable and we do not provide refunds for services rendered or product purchased on our platform. In select circumstances and at our own sole discretion, we may credit your account minus any resources you might have consumed or hours of service rendered. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another. For additional reading regarding our refund policy, please visit our Refunds & Cancellation Policy page.
2.1 For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, written posts, reviews, and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below) and Listing Information and Vendor Offerings.
2.2 All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
2.3 The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
2.4 Subject to these Terms of Service, we may grant each user of the Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
2.5 By submitting any User Content to the Website, excluding privately transmitted User Content, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such User Content in connection with the Website, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Website and/or the Services a non-exclusive, perpetual license to access any of your User Content that is available to such user on the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. By submitting any User Content to the Services other than on the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, and perform such User Content solely for the purpose of providing the Services. For clarity, the foregoing licenses granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
2.6 Some Content will be marked on the Service as "Creative Commons Content". Creative Commons Content will be identified with a Creative Commons icon. We hereby grant each user of the Services a license to Creative Commons Content under the Creative Commons CC BY-NC-SA 4.0 US license, available at the the "Creative Commons License. You agree to abide by the terms of the Creative Commons License when using Creative Commons Content.
In other words, we can’t be held responsible for the content you create or content you access elsewhere while using Hostragon. Additionally, feel free to share and adapt content we have that’s marked with the Creative Commons icon, as long as you let others share it the same way. If you write a tutorial for DO, you agree to this license too. Here’s a super easy read as to what a Creative Commons license is all about: http://creativecommons.org/licenses/by-nc-sa/4.0/
3. Rules of Conduct
3.1 As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services and the activity of any sub-user that uses your access code or Account.
3.2 You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion,
- you know is false, misleading, untruthful or inaccurate,
- constitutes unauthorized or unsolicited advertising,
- impersonates any person or entity, including any of our employees or representatives, or
- includes anyone's identification documents or sensitive financial information.
Hostragon may permit, in its sole discretion, adult websites that abide by state and federal law and regulation.
3.3 You shall not:
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure;
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
- run any form of auto-responder or "spam" on the Services;
- use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website;
- harvest or scrape any Content from the Services;
- use the Services for high risk activities including but not limited to the operation of nuclear facilities, air traffic control, life support systems, or any other use where the failure of service could lead to death, personal injury, or environmental damage; or
- otherwise take any action in violation of our guidelines and policies.
3.4 You shall not (directly or indirectly):
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction,
- modify, translate, or otherwise create derivative works of any part of the Services, or
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
You shall abide by all applicable local, state, national and international laws and regulations.
3.5 We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
- satisfy any applicable law, regulation, legal process or governmental request,
- enforce these Terms of Service, including investigation of potential violations hereof,
- detect, prevent, or otherwise address fraud, security or technical issues,
- respond to user support requests, or
- protect the rights, property or safety of us, our users and the public.
3.6 Subscribers are restricted from registering multiple Accounts with the same billing details without first notifying Hostragon of that intent. Otherwise, Hostragon shall have the right to automatically flag such Accounts as fraudulent or abusive, and Hostragon may, without notification to the Subscriber of such Account, suspend the service of such Account or any other Account used by such Subscriber. The use of referral codes by multiple Accounts having the same billing profile is not allowed.
Hostragon also reserves the right to terminate a Subscriber's Account if it is targeted by malicious activity from other parties.
3.7 As a reward for being early adopters of the Services, Subscribers with grandfathered Accounts shall receive free bandwidth for the duration that such Account is operative and conducts its operations in compliance with these Terms of Service ("Grandfathered Accounts"). The free bandwidth may only be used directly by the Subscriber of such Grandfathered Account.
Notwithstanding the foregoing, Subscribers of Grandfathered Accounts must NOT:
- run Torrents for download or Seed Servers, TOR, or services that include content of an adult or pornographic nature;
- resell services through their Account to provide free bandwidth to other individuals; or
- transfer the Account ownership to another individual or entity, or otherwise circumvent the intended fair usage of free bandwidth by distributing it freely to others.
Failure of Subscribers of Grandfathered Accounts to follow these terms will result in the revocation of their Accounts' grandfathered status.
3.9 The enumeration of violations in this Section 3 of these Terms of Service is not meant to be exclusive, and Hostragon provides notice hereby that it has and will exercise its authority to take whatever action is necessary to protect the Services, Subscribers, and third parties from acts that would be inimical to the purposes of this Section 3 of these Terms of Service.
Lawful Use of the Network
3.10 In using the Services, Subscribers must comply with, and refrain from violations of, any right of any other person, entity, law, or contractual duty, including without limitation the laws of the United States and the laws of New York, and including without limitation those laws forbidding:
- distribution of child pornography,
- forgery, identity theft, misdirection or interference with electronic communications,
- invasion of privacy,
- unlawful sending of commercial electronic messages or other marketing or electronic communications,
- collection of excessive user data from children, or other improper data collection activities,
- securities violations, wire fraud, money laundering, or terrorist activities, or
- false advertising, propagating or profiting from frauds and unfair schemes.
Subscribers will also comply with the affirmative requirements of law governing use of the Services, including but not limited to:
- disclosure requirements, including those regarding notification of security breaches,
- records maintenance for regulated industries, and
- financial institution safeguards.
- key loggers,
- denial of service attacks,
- flood or mail bombs,
- logic bombs, or
- other actions which Hostragon reserves the sole right to determine to be malicious in intent.
- as any email message that is sent to a recipient who did not verifiably grant deliberate, explicit, and still-revocable permission to receive said message,
- and for which the recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients.
- which Subscribers gain access to the Services;
- what Content you access via the Services; or
- how you may interpret or use the Content.
- use the Beta Service for benchmarking or performance testing or publicly disseminate performance information or analysis from any source relating to the Service;
- modify or create derivative works of the Beta Service or remove any product identification, proprietary, copyright or other notices contained in the Beta Service; or
- allow any other individual to access or use the Beta Service. Hostragon at its sole discretion shall determine whether or not to continue to offer any Beta Service, and may cease offering any Beta Service at any time.
- bring an individual action in small claims court;
- pursue an enforcement action through the applicable federal, state, or local agency if that action is available;
- seek injunctive relief in a court of law; or
- to file suit in a court of law to address an intellectual property infringement claim.
- Contacting us about privacy related questions and issues:
Hostragon complies with the EU-US Privacy Shield Framework and the Swiss-EU Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union and Switzerland to the United States, respectively (Privacy Shield).
To learn more about Privacy Shield, please visit the U.S. Department of Commerce Privacy Shield website: https://www.privacyshield.gov/.
The Services are subject to the trade and economic sanctions maintained by the Office of Foreign Assets Control (“OFAC”). By accessing the Services, you agree to comply with these laws and regulations. Specifically, you represent and warrant that you are not (a) located in any country that is subject to OFAC’s trade and economic sanctions, currently Cuba, Iran, North Korea, Syria, and the Crimea region of the Ukraine, or (b) an individual or entity included on any U.S. lists of prohibited parties including: the Treasury Department’s List of Specially Designated Nationals List (“SDN List”) and Sectoral Sanctions List (“SSI List”).
Additionally, you agree not to – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any service received from Hostragon in contradiction with these laws and regulations.
Failure to comply with these laws and regulations may result in the suspension or termination of your Account.
Agreed Use of Allotted Network Resources
3.11 Subscribers shall not use any method to circumvent the provisions of these Terms of Service, or to obtain Services in excess of those for which they contract with Hostragon. Subscribers shall use only those IP addresses that are assigned to them by Hostragon, and shall not use any IP addresses outside of their assigned range. Subscribers shall not use any mechanism to exceed the amount of resources assigned to them through the Services, or to conceal such activities.
3.12 Subscribers may not use the Services to distribute, receive communications or data gleaned from, or execute any action directed by any type of injurious code, including but not limited to:
3.13 Spam is strictly against our Terms of Service, and will result in the immediate termination and expulsion. Subscribers shall not send bulk email identify as spam utilizing their resources on the Services. Subscribers wishing to send transactional email should do so with services such as Postmark, Mailgun, Mailchimp and others like these.
Hostragon define spam:
Even when using the email list feature provided by the Service, Subscribers must maintain a double-authorized list of subscribed members including IP addresses and relevant contact information, along with following guidelines for including removal links with all sent emails according to the such legislation. Subscribers shall comply with all laws regarding the sending of commercial electronic messages or other marketing or electronic communications.
Subscribers are forbidden from taking any action that would result in their IP addresses, or any IP address associated with Hostragon or other Subscribers, being placed on the Spamhaus.org blacklist.
Hostragon reserves the sole and absolute right to determine whether an email violation has occurred and reserve the right to disable any account at any time should it feel there is a reasonable suspicion that it is being used in conjunction with the practice of spamming.
Invasion of Privacy, Defamation, or Harassment
3.14 Subscribers may not use the Services in a manner that would violate the lawful privacy rights of any person, or to publish or republish defamatory or libelous statements, or to harass or embarrass, which shall be determined in Hostragon's sole and absolute discretion.
Violation of Copyright, Trademark, Patent or Trade Secret
3.15 Subscribers may not use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The provisions of the Digital Millennium Copyright Act of 1998 ("DMCA") (as required under 17 U.S.C. §512) and all other applicable international trademark, copyright, patent or other intellectual property laws will apply to issues presented by allegations of copyright violations by third parties. Hostragon will, in appropriate circumstances, terminate the accounts of repeat violators. If a third party believes that a Subscriber of Hostragon is violating its intellectual property rights, it should notify us by email at firstname.lastname@example.org. A notification should include information reasonably sufficient to permit Hostragon to locate the allegedly infringing material, such as the IP address or URL of the specific online location where the alleged infringement is occurring.
3.16 Subscriber shall comply with all applicable export and import control laws and regulations in its use of the Services, and, in particular, Subscriber shall not utilize the Services to export or re-export data or software without all required United States and foreign government licenses. Subscriber assumes full legal responsibility for any access and use of the Services from outside the United States, with full understanding that the same may constitute export of technology and technical data that may implicate export regulations and/or require export license. Should such a license be required, it shall be Subscriber's responsibility to obtain the same, at Subscriber's sole cost and expense, and in the event of any breach of this duty resulting in legal claims against Hostragon, Subscriber shall defend, indemnify and hold Hostragon harmless from all claims and damages arising therefrom.
Acts of Sub-Users
3.17 Subscribers are responsible for the acts of others utilizing their access to the Services, and will be held responsible for violations of the Services by their sub-users or persons who gain access to the Services using the Subscriber's access codes. Any activity that a Subscriber is prohibited from performing by these Terms of Services is equally prohibited to anyone using the access to the Services of the Subscriber.
Access Code Protection
3.18 Subscribers shall utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with account access information.
Notification Regarding these Terms of Service
3.19 Subscribers shall notify all persons who receive access to the Services of the provisions of these Terms of Service, and shall inform them that the terms of these Terms of Service are binding upon them.
3.20 Subscribers shall notify Hostragon if and when they learn of any security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by authorities and/or Hostragon to cure the security breach.
In other words, be mindful about how you use our services. If you are breaking laws, being obscene, or abusing our infrastructure, we have the right to stop you from doing these things.
You must also notify Hostragon before registering multiple accounts with the same billing address to prevent being flagged for abuse.
You’re also responsible for the acts of others utilizing your access to our services, as we have no way of distinguishing your actions from the actions of your sub-users.
Please be careful who you give your information to — it’s to protect both us and you!
4. Third Party Services
4.1 The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
We also permit certain Vendors (as defined in the Hostragon Marketplace Terms and Conditions) to make available certain applications on the Hostragon Marketplace. These Vendor Offerings (as defined the Hostragon Marketplace Terms and Conditions) are accessed, downloaded and/or purchased directly from such Vendors and not from Hostragon. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other items of a destructive nature.
In other words, it’s up to you to be careful when accessing third-party resources on the Internet—they’re outside of our control and we cannot be blamed for any negative outcomes. If you have a problem with them, please let those services know directly!
5. Payments and Billing
Acceptable Payment Methods
5.1 Hostragon accepts major credit cards, debit cards, and Paypal payments. Subscribers who choose to pay with PayPal will be strictly limited to a single Hostragon Account per PayPal account. Virtual credit cards and gift cards typically will not be accepted.
Other forms of payment including bank transfers, virtual currencies, etc may be arranged by contacting Hostragon at contact[at]hostragon.com.
Please note that any payment terms presented to you in the process of using or signing up for paid Services are deemed part of this Agreement.
5.2 We use third-party payment processors (the "Payment Processors") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for use of the paid Services. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement.
We are not responsible for error by the Payment Processors.
By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your "Payment Method").
You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Billing and Terms
5.3 The term of this Agreement shall be monthly, to commence on the date that the Subscriber signs up electronically for the Services by creating an Account with an email address. All invoices are denominated, and Subscriber must pay, in U.S. Dollars. Subscribers are typically billed monthly on or about the first day of each month, with payment due no later than ten (10) days past the invoice date.
On rare occasions, a Subscriber may be billed an amount up to the Subscriber's current balance in an effort to verify the authenticity of the Subscriber's account information. This process ensures that Subscribers without a payment history are not subjected to additional scrutiny. Monthly fees and renewal fees will be billed at the rate agreed to at purchase. You may cancel the Services at any time by logging into Hostragon Management Console.
At cancellation, your Account will be inactivated and you will no longer be able to log into our site and/or have any access to the Services. Except in the case of subscription commitments you have agreed to, which shall be nonrefundable, as permitted by law, if you cancel, you agree that fees for the first month of Services and any start-up costs associated with setting up your Account ("Start-up Costs") shall be nonrefundable, as permitted by law. With the exception of any subscription commitments agreed by you, if you paid fees in advance for any period longer than one month, then you may, with the exception of fees for the first month of Services and any Start-up Costs, obtain a refund on a pro rata basis for the period remaining after you cancel.
5.4 Some of the paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO HOSTRAGON MANAGEMENT CONSOLE.
5.5 YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT OUR BILING SYSTEM. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
5.6 Subscriber is responsible for any duties, customs fees, taxes, and related penalties, fines, audits, interest and back-payments relating to Subscriber's purchase of the Services, including but not limited to national, state or local sales taxes, use taxes, value-added taxes (VAT) and goods and services taxes (GST) (collectively, "Taxes"). Hostragon's standard pricing policies do not include and are not discounted or enhanced for any such Taxes.
If Hostragon becomes obligated to collect or pay Taxes in connection with Subscriber's purchase of the Services, those Taxes will be invoiced to that Subscriber as part of a billing process or collected at the time of purchase. In certain states, countries and territories, Hostragon may determine if Subscriber's purchase of Services is subject to certain Taxes, and if so, may collect such Taxes and remit them to the appropriate taxing authority.
If Subscriber believes that a given tax does not apply or that some amount must be withheld from payments to Hostragon, Subscriber must promptly provide Hostragon with a tax certificate, withholding receipt, tax identifier (e.g., VAT ID) or other adequate proof, provided such information is valid and sufficiently authorized by all appropriate taxing authorities.
Subscriber must also provide Hostragon with any tax identification information that is necessary for Hostragon to comply with Hostragon's tax obligations, as determined by Hostragon from time to time. Subscriber will be solely responsible for any misrepresentations made or non-compliance caused by Subscriber regarding Taxes, whether with respect to Hostragon or other parties, including any penalties, fines, audits, interest, back-payments or further taxes associated with such misrepresentations or non-compliance.
5.7 Payments not made within five (5) days of invoicing will be deemed in arrears. For accounts in arrears, if any amount is more than five (5) days overdue, without the requirement of providing notice of such arrears, Hostragon may suspend service to such account and bring legal action to collect the full amount due, including any attorneys' fees and costs.
Suspension for Nonpayment
5.8 If a Subscriber is past due on their balance, Hostragon may send up to three (3) email notifications within a fifteen (15) day period before suspending the Subscriber's account. Servers will be temporarily powered off during the suspension period. Hostragon reserves the right to delete the Subscriber's suspended machines after the final termination notice.
In other words, we currently accept payment through major credit cards and PayPal. Virtual credit cards and gift cards will often not be accepted, as we’ve seen repeated fraud and abuse with these methods of payment. You may, however, reach out to us at email@example.com to discuss potential alternate methods of payment. You are typically billed monthly (around the first of the month) for the prior month’s usage. And please make sure to keep your billing account profile updated!
5.9 Redemption of promotional credit is limited to 12 months from the date of issue (unless otherwise stated), at which time the credit will expire. Upon redemption, promotional credit expires after 12 months unless otherwise defined in the terms of the promotion.
5.10 Only one promotional code is permitted per customer, and may be redeemed only by "new users," defined as users who are within 30 days of launching their first Droplet.
5.11 Earned credit from making a referral will expire after 12 consecutive inactive months. An inactive month is a month without an invoice billing event. All referral payouts will be paid in Hostragon credit.
5.12 Sign-up credit earned via referral will expire in accordance with the terms stated in section 5.9.
5.13 Furthermore, sign-up credit earned via referral credit will be counted as the one promotional code permitted, in accordance with the terms stated in section 5.10.
5.14 SLA credit will expire after 12 consecutive inactive months. An inactive month is a month without an invoice billing event.
5.15 Credits not explicitly stated in 5.11-5.15 are to be considered promotional credit.
In other words, if you have received promotional Hostragon credit, you must redeem it within 12 months of the date it was issued. All other credit will remain on your account as long as you’re active in a given 12 month period.
6. Warranty Disclaimer and Beta Services
6.1 We have no special relationship with or fiduciary duty to you.
You acknowledge that we have no duty to take any action regarding:
6.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE US FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, OR LEGALITY OF MATERIAL OR CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES.
6.3 THE SERVICES, INCLUDING WITHOUT LIMITATION ANY INFORMATION DELIVERED AS PART OF THE SERVICES, AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE WITH DATA, AVAILABILITY, ACCURACY, THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR WEBSITE OR THAT THE SERVICES ARE ERROR FREE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES CONTAIN INFORMATION PROVIDED BY ONE OR MORE THIRD PARTY DATA PROVIDERS. HOSTRAGON DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE INFORMATION PROVIDED BY ANY SUCH THIRD PARTY PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT NEITHER HOSTRAGON NOR ANY SUCH THIRD PARTY PROVIDER HAS ANY OBLIGATION TO CORRECT INFORMATION ABOUT YOU EXCEPT AS REQUIRED BY APPLICABLE LAW. INFORMATION YOU REQUEST MAY NOT BE AVAILABLE OR MAY NOT BE PROVIDED, AND HOSTRAGON HAS NO LIABILITY FOR SUCH FAILURE. IN NO EVENT WILL HOSTRAGON WARRANT OR GUARANTEE THE CORRECTNESS, COMPREHENSIVENESS, COMPLETENESS, ACCURACY, TIMELINESS OF ANY INFORMATION, PRODUCTS, OR SERVICES ON THIS WEBSITE. THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR WEBSITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK.
THE ABOVE REFERENCED LANGUAGE DOES NOT APPLY TO VENDOR OFFERINGS. RATHER, ALL LIMITED WARRANTIES, WARRANTY DISCLAIMER, LIMITATIONS OF LIABILITY AND OTHER SPECIFIC PROVISIONS REGARDING THE VENDOR OFFERINGS CAN BE FOUND IN THE HOSTRAGON MARKETPLACE TERMS AND CONDITIONS.
What all those big lines is essentially saying is that as a company, we have rights just like you, the customer.
6.4. Hostragon may offer "beta" versions or features of the Services (each, a "Beta Service"). Hostragon will determine, at its sole discretion, the availability, duration (the "Trial Period"), features, and components of each Beta Service. For avoidance of doubt, any Beta Service is a form of the Services and the provision and use of any Beta Service is subject to the entirety of this Agreement, unless otherwise provided for in this Section 6.4.
ANY BETA SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. HOSTRAGON SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY BETA SERVICE.
Notwithstanding anything to the contrary in this Agreement, in no event will Hostragon be liable to you or any third party for any damages or liability related to, arising out of, or caused by any Beta Service and/or any modification, suspension, or termination thereof. If Hostragon permits you to use a Beta Service, you agree to provide Hostragon Feedback and respond to Hostragon's questions or other inquiries regarding your use of the Beta Service, if requested and as applicable.
If Hostragon permits you to use a Beta Service, you specifically agree, in addition to the requirements set forth in Section 3 of this Agreement, to not:
Upon completion of a Trial Period, you may lose access to the applicable Beta Service, unless or until the features of the Beta Service are incorporated into the Services, and you agree to return or destroy all copies of documentation and confidential information related to the Beta Service. Any production candidate or non-production version of the Services will be considered a Beta Service.
Subscriber grants to Hostragon a limited license to use, reproduce, distribute, and display any data provided to Hostragon by Subscriber and/or any user of a Beta Service solely for facilitating the purposes of this Agreement (such data collectively, "Beta Data") (i) as required to provide the Beta Service; and (ii) in de-identified form, to tune, enhance and improve the Service and other Hostragon products and services. Subscriber represents and warrants that it has all necessary rights to grant Hostragon the rights set forth in this Section, and that it will comply with all applicable laws, regulations, and other obligations regarding the collection, use and disclosure of Beta Data. Hostragon may use de-identified or aggregated Beta Data collected through a Beta Service for any purpose, including, without limitation, to enhance and improve the Services.
In simpler words, Hostragon may let you try new feature when available. But these are provided “as-is” and are subject to special terms.
7. Limitation of Liability
7.1 IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF HOSTRAGON HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT HOSTRAGON WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST HOSTRAGON ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF HOSTRAGON'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
IN ADDITION, YOU AGREE THAT HOSTRAGON IS NOT RESPONSIBLE FOR ANY DATA COMPILED BY OUR SERVICES AND THAT HOSTRAGON WILL NOT BE LIABLE, IN ANY MANNER, AS A RESULT OF YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, UNLAWFULLY HARASSING, OBSCENE OR OTHERWISE UNLAWFUL CONTENT OR DATA. IN NO EVENT SHALL HOSTRAGON, OR ANY THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICES OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICES, BE LIABLE TO YOU AND/OR ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, CONTENT, PRODUCTS, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF HOSTRAGON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8.1 Subscriber shall keep confidential any confidential information to which it is given access, and shall cooperate with Hostragon's efforts to maintain the confidentiality thereof. Subscriber shall not publish to third parties or distribute information or documentation that Hostragon provides for purposes of operating and maintaining its systems, including material contained in estimates, invoices, work orders, or other such materials.
In other words, it’s pretty unlikely we'll be sharing confidential information with any of our customers.
9.1 Subscriber is solely responsible for the preservation of Subscriber's data which Subscriber saves onto its virtual server (the "Data").
EVEN WITH RESPECT TO DATA AS TO WHICH SUBSCRIBER CONTRACTS FOR BACKUP SERVICES PROVIDED BY HOSTRAGON, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HOSTRAGON SHALL HAVE NO RESPONSIBILITY TO PRESERVE DATA. HOSTRAGON SHALL HAVE NO LIABILITY FOR ANY DATA THAT MAY BE LOST, OR UNRECOVERABLE, BY REASON OF SUBSCRIBER'S FAILURE TO BACKUP ITS DATA OR FOR ANY OTHER REASON.
11.1 YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, ANY RELATED COMPANIES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARISE FROM OR RELATE TO YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS OF SERVICE OR OF ANY LAW, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
The above means that if, for example, you’re angry with someone for something they write on a website that’s hosted on Hostragon, we can’t be held responsible for what they say or do.
12. Termination and Access
12.1 Hostragon reserves the right, in our sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law, or if you misuse system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Any such termination may result in the forfeiture and destruction of information associated with your Account. Hostragon may provide prior notice of the intent to terminate Services to you if such notice will not, in Hostragon's discretion, run counter to the intents and purposes of these Terms of Service.
Except as otherwise set forth hereunder, any and all fees paid hereunder are non-refundable and any and all fees owed to Hostragon before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as Hostragon's costs for collection (including attorneys' fees) of any such charges or other liabilities. Upon termination, any and all rights granted to Subscriber by this Agreement will immediately be terminated, and Subscriber shall promptly discontinue all use of the Services.
If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In other words, if you violate these Terms of Service, then we have the right to put a hold on your account. These actions are reserved for the most drastic offenses; you will more likely receive a warning and will be able to continue using our services as long as the undesirable behavior ceases. You, however, are free to terminate your account without reason at any time.
13. Choice of Law, Venue, Consent to Email Service and Waiver of Hague Convention Service Formalities
13.1 Any claim arising hereunder shall be construed in accordance with the substantive and procedural laws of our present business address, without regard to principles of conflict of laws. Subject to Section 15 below, you agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of such location. Subscriber consents to service of process via email at the email address(es) provided by Subscriber, and waives any requirement under the Hague Convention or other judicial treaty requiring that legal process be translated into any language other than English.
This means that we live in Japan and reserve the right to choose where we meet you in Japan to get things resolved.
14. Dispute Resolution
14.1 Mindful of the high cost of litigation, you and Hostragon agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to: (i) the Website; (ii) this Agreement; (iii) the Services; (iv) the breach, enforcement, interpretation, or validity of this Agreement; or (v) any other dispute between you and Hostragon ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Notice shall be sent (1) if to Hostragon at: legal[at]hostragon.com or (2) if to you at: your last-used billing address or the billing and/or shipping address in your Account information.
Both you and Hostragon agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Actually, we really don't want to ever enter into litigation with our subscribers and we imagine that most people feel the same way. If it gets to that point, we'll agree to discuss it and figure out a solution, first.
15. Mandatory Arbitration Agreement and Class Action Waiver
15.1 In the interest of resolving disputes between you and Hostragon in the most expedient and cost effective manner, you and Hostragon agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HOSTRAGON ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15.2 Despite the provisions of Section 15.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to:
15.3 As an online service, any arbitration between you and Hostragon will be settled online by an arbiter selected by the American Arbitration Association (AAA) or Japan Commercial Arbitration Association (JCAA).
15.4 A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified Postal Mail or by reputable courier service (signature required) or, only if such other party has not provided a current physical address, then by electronic mail ("Notice").
Hostragon's address for Notice is: Hostragon Legal Department, legal[at]hostragon.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Hostragon may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by you or Hostragon must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Hostragon will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Hostragon in settlement of the dispute prior to the arbitrator's award; or (iii) $100.
15.5 If you commence arbitration in accordance with these Terms, Hostragon may not agree to reimburse you for your payment of the filing fee. And regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
15.6 YOU AND HOSTRAGON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Hostragon agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
15.7 If Hostragon makes any future change to this arbitration provision, other than a change to Hostragon's address for Notice, you may reject the change by sending us written notice within 30 days of the change to Hostragon's address for Notice, in which case your account with Hostragon will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
15.8 If Section 15.6 is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 13 will govern any action arising out of or related to these Terms. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
In other words, if we can’t work it out, let’s avoid spending a lot of money in court and agree to pay an arbitrator for a fraction of the cost instead.
16. Miscellaneous Provisions
16.1 Neither you nor Hostragon shall be liable for nonperformance of the terms herein to the extent that either you or Hostragon are prevented from performing as a result of any act or event which occurs and is beyond your or Hostragon's reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, or any unforeseen change in circumstances, or any other causes beyond either party's reasonable control. The party experiencing the force majeure shall provide the other party with prompt written notice thereof and shall use reasonable efforts to remedy effects of such force majeure.
16.2 You may be granted a limited, non-exclusive right to create a hypertext link to the Website found at www.hostragon.com provided such link does not portray Hostragon and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner.
This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Hostragon trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page without Hostragon's express written consent.
Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Hostragon or any third party.
16.3 The Website contains many of the valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by Hostragon, but not limited to, the mark " Hostragon". Hostragon and the Hostragon product names referenced in the Website are either trademarks, service marks or registered trademarks of Hostragon. Any unauthorized use of same is strictly prohibited and all rights in same are reserved by Hostragon. No use of any Hostragon trademark may be made by any third party without express written consent from Hostragon. Other products and company names mentioned in the Website may be the trademarks of their respective owners.
16.4 Elements of Hostragon's Website are protected by trade dress, trademark, unfair competition, and other laws and may not, unless otherwise permitted hereunder, be copied in whole or in part. No logo, graphic, or image from the Website may be copied or retransmitted without Hostragon's express written permission.
The images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website are the property of Hostragon or its licensors and are protected by copyright, trademark and other laws. In addition to our rights in individual elements of the Website, Hostragon owns copyright or patent rights in the selection, coordination, arrangement and enhancement of any images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website.
You may copy such images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied.
Except as provided in the preceding sentence, none of such images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of Hostragon.
16.5 This Agreement, including all related agreements and policies incorporated by reference herein, constitutes the entire agreement between the parties related to the subject matter hereof and supersedes any prior or contemporaneous agreement between the parties relating to the Services.
A valid waiver hereunder shall not be interpreted to be a waiver of that obligation in the future or any other obligation under this Agreement. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. If any provision of this Agreement is prohibited by law or held to be unenforceable, that provision will be severed and the remaining provisions hereof shall not be affected such that this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof.
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. This Agreement may be signed electronically or, as set out above, your access and use of the Services will manifest your consent to this Agreement. These Terms of Service are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. All references to "laws," "rules," or "regulations" references any and all applicable laws, rules and regulations, whether domestic or foreign. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Electronic notices should be sent to legal[at]hostragon.com.
In other words, neither you nor us can be held responsible for non-performance of these terms given circumstances outside of reasonable control (e.g. extreme weather, riots, natural disasters, telecommunications outages, Internet disturbances, a zombie apocalypse, aliens landing on earth, etc.
OUR APPROACH TO PRIVACY
- Hostragon provides software and services which allow customers to manage their web hosting activities via hosting automation software (Hostragon Products) made available via our website located at www.hostragon.com (Website) or through those that resell Hostragon Products and/or Services, or those who are legally entitled to use the Hostragon Products and/or Services.
- With the exception of individuals that use the Hostragon Products and/or Services as customers of our Hostragon Resellers (as described at 3.1 below), Hostragon is the controller responsible for the Personal Information we hold about you.
PERSONAL INFORMATION WE COLLECT ABOUT YOU AND HOW WE USE IT
- We process Personal Information about the following types of individuals:
- individuals who are our direct customers;
- where our customer is a business or similar entity, individuals who are our customer’s employees, agents and other representatives; and
- where the Hostragon Products and/or Services is licensed through Hostragon Reseller.
- We collect Personal Information about you when you voluntarily submit information directly to us when you access our Website or use the Hostragon Products and/or Services. This can include information you provide to us when you register for an account, fill in a form, correspond with us via the Website, phone, email or otherwise, subscribe to our mailing lists, newsletters or other forms of marketing communications, respond to surveys or use some other feature of the Hostragon Products and/or Services as available from time to time.
- If you choose not to provide Personal Information, we may not be able to provide the Hostragon Products and/or Services to you or respond to your other requests. If you opt out of the sale of information, we may be unable to provide services to you if your request not to sell information includes a prohibition on processing payments for the products you purchase.
- Schedule 1 describes categories of Personal Information we collect and how we use that Personal Information. When we process that Personal Information, the legal basis we rely on for this activity is also set out. If Personal Information is provided to third parties, that fact is stated. Finally, Schedule 1 also sets out information as to how we determine applicable retention periods.
- Regardless of whether you license the Hostragon Products and/or Services directly from us, or through Hostragon Reseller, we automatically collect certain Personal Information about you indirectly about how you access and use the Hostragon Products and/or Services and information about the device you use to access the Hostragon Products and/or Services.
- Schedule 2 sets out the categories of Personal Information we collect about you automatically and how we use that information. The schedule also lists the legal basis which we rely on to process the Personal Information, the categories of recipients of the Personal Information and information as to how we determine applicable retention periods.
- We may link or combine the Personal Information we collect about you and the information we collect automatically. This allows us to provide you with a personalized experience regardless of how you interact with us.
- We may anonymize and aggregate any of the Personal Information we collect (so that it does not directly identify you). We may use anonymized information for purposes that include testing our IT systems, research, data analysis, improving the Hostragon Products and/or Services and developing new products and features. We may also share such anonymized information with others.
MARKETING AND ADVERTISING
- From time to time we may contact you with relevant information about the Hostragon Products and/or Services. Most messages we send will be by email. For some messages, we may use Personal Information we collect about you to help us determine the most relevant information to share with you.
- If you do not want to receive such messages from us, you will be able to tell us by selecting certain boxes on forms we use when we first collect your contact details. You can change your marketing preferences by clicking on the unsubscribe by going to your Account Details page which is accessed via the User menu within the client area.
APPLYING FOR A JOB THROUGH OUR SITE
If you apply for a job through the Website, we, or a human resources company assisting us, may ask you to provide certain self-identifying information in conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission (EEOC), and other federal, state, and local regulatory agencies. Providing self-identifying information is voluntary, but if you do provide us with that information, we may submit it to the EEOC, and other federal, state, and local regulatory agencies, upon legal compulsion, for business-related purposes, responding to information requests, fulfilling regulatory reporting requirements and defending against employment related complaints.
STORING AND TRANSFERRING YOUR PERSONAL INFORMATION
- Security. We implement and maintain appropriate technical and organizational measures to protect your Personal Information against accidental or unlawful destruction, loss, change or damage. All Personal Information we collect from the Hostragon Products and/or Services will be stored on secure servers and will be protected by SSL encryption technology. All electronic transactions entered into via our Website will be protected by SSL encryption technology.
Where you register for an account on the Hostragon Products and/or Services, you are responsible for maintaining your account’s security as explained in our TOS. If you are not a direct Hostragon customer, information about your account’s security may be explained in the contract between you and the Hostragon Reseller from whom you subscribed to the Hostragon Products and/or Services.
CERTAIN RIGHTS THAT APPLY IF YOU ARE LOCATED IN THE EU
- Under the GDPR
- In accordance with applicable privacy law, you have the following rights regarding Personal Information covered by the GDPR that we hold:
- Right of access. The right to obtain access to your Personal Information.
- Right to rectification. The right to obtain rectification of your Personal Information without undue delay where that Personal Information is inaccurate or incomplete.
- Right to erasure. The right to obtain the erasure of your Personal Information without undue delay in certain circumstances, such as where the Personal Information is no longer necessary in relation to the purposes for which it was collected or processed.
- Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personal Information in certain circumstances, such as where the accuracy of the Personal Information is contested by you, for a period enabling us to verify the accuracy of that Personal Information.
- You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.
- If you wish to exercise one of these rights, please do contact us.
- Pursuant to Privacy Shield
- For data that is received or transferred pursuant to the Privacy Shield, we have agreed to the Privacy Shield’s principles of Notice, Choice and Onward Transfer. Pursuant to Privacy Shield:
- Notice: Schedules 1 and 2 describe the Personal Information we collect about you, how we use it, and the types of third parties with whom we share it.
- Choice: Disclosure to third parties of Personal Information covered by Privacy Shield is set out in Schedules 1 and 2. For Personal Information covered by Privacy Shield, and which is not required for the operation of the Products or Services, we will provide you with an opportunity to decline to have us disclose this Personal Information to third-parties for a purpose that is different than the one for which it was originally collected. Email marketing is opt-in, lists are segmented by reason for collection, and recipients may remove their names from email lists by unsubscribing.
- Onward Transfer: When Hostragon discloses information to third parties to provide functions on its behalf, Hostragon will take appropriate measures to protect the privacy of the Personal Information it transfers. These measures are set out in paragraph 6.1. This Personal Information will only be shared with third parties to the extent reasonably necessary for them to perform the services contracted for, or when Hostragon must comply with applicable law. Third parties will not be authorized by us to process Personal Information in any other way. Hostragon is responsible for the processing of Personal Information that it transfers to third parties acting as an agent on its behalf.
- If you wish to exercise one of these rights, please contact us.
- Privacy Shield Jurisdiction and Enforcement
- As part of our participation in the Privacy Shield, we are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
- Hostragon has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU Privacy Shield, operated by the Council of Better Business Bureaus. If your complaint is not satisfactorily addressed, please visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint.
- Finally and as a last resort, EU or Swiss individuals with residual complaints may invoke a binding arbitration option before the Privacy Shield Panel (as that term is defined in the Privacy Shield Framework).
- Please note that we may be liable for the onward transfer of EU and Swiss personal data to agent third parties unless we can prove we were not a party to the actions giving rise to the damages.
- Hostragon may be required to reveal EU and Swiss Personal Information in response to lawful requests by public authorities and to meet national security and law enforcement requirements.
COOKIES AND SIMILAR TECHNOLOGIES
- Cookies allow for personalization of your experience by saving your information such as user ID and other preferences. A cookie is a small data file that we transfer to your device's hard disk (such as your computer or smart-phone) for record-keeping purposes. A list of the cookies we use and other relevant information is set out in Schedule 3.
- We use the following types of cookies:
- Strictly necessary cookies. These are cookies that are required for the essential operation of our Corporate Site and products such as to authenticate users and prevent fraudulent use.
- Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our Corporate Site and products when they are using it. This helps us to improve the way our Corporate Site and products work, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognize you when you return to our Corporate Site and products. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region), and your username.
Targeting cookies. These cookies record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make our Website, and the advertising displayed on it, more relevant to your interests. We may also share this information with third parties for this purpose.
- Customer should fill out a request by logging in to his, her or their Hostragon account.
- You can also do this visit Hostragon Privacy Request Form
SELF SERVICE PORTALS
Hostragon may provide blogs, chat features and moderated and unmoderated FAQs on the Website (Self Service Portal). When you interact with a Self Service Portal, the information you provide may be read by Hostragon employees. In addition, if you provide information to a Self Service Portal, other than method of contact operated by Hostragon, any Personal Information you submit may be seen by third parties outside of Hostragon’s control.
LINKS TO THIRD PARTY SITES
The Hostragon Products and/or Services may, from time to time, contain links to and from third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.
OUR POLICY TOWARDS CHILDREN
The Hostragon Products and/or Services is not directed at persons under 16 and we do not knowingly collect Personal Information from children under 16. If you become aware that your child has provided us with Personal Information, without your consent, then please contact us using the details below so that we can take steps to remove such information and terminate any account your child has created with us.
HOW TO REQUEST INFORMATION ABOUT THE PERSONAL INFORMATION WE COLLECT
Customers should fill out a request by logging in through their customer account. Customer’s identity will be verified after logging to the account.
HOW TO REQUEST THAT WE DELETE PERSONAL INFORMATION
HOW TO OPT OUT OF THE SALE OF INFORMATION
- Paragraph 3.9 sets out the information that may be considered within the definition of a “sale” under some state statutes. It is important that customers carefully review the form: providing certain Personal Information to third parties may be necessary to pay license fees or to enable third party products to operate.
CHANGES TO THIS POLICY
NOTICE TO YOU
CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
SWEEPSTAKES, CONTESTS AND PROMOTIONS
We may offer sweepstakes, contests, and other promotions (Promotion) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you by, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
ANALYTICS IN GENERAL
- The Hostragon Products and/or Services contains a number of analytical tools including tools that may record:
- Clicks, Mouse Movements/Hovers, Scrolling
- Device (Desktop/Tablet/Phone)
- Operating System
- Screen Resolution
- Duration (Time on Site)
- Navigation (URLs)
- Page Content (HTML)
- ISP (Not for EU and California, USA visitors)
- Approx. ISP Location (City, State/Region, Country)
- Referrer URL
- Visitor Type (First Time/Returning)
- Custom Tags or Variables
- and/or similar meta data
- Google Analytics.
- Hostragon and all Corporate Sites use Google Analytics. Google Analytics is enabled by default. Information collected by Hostragon using Google Analytics is retained for up to 26 months after your most recent activity. .
- To understand the information collected by Google Analytics, please follow this link.
- The following information is collected by Hostragon, retained by Hostragon and transmitted to Google using Google Analytics
- Audience information - This includes anonymized information about you, including your geographic location, preferred interface languages, how often you return, and what devices you use to access Hostragon.
- Acquisition information - This includes information about the path you took to arrive at your Hostragon account, if you performed a search in order to find your account, if you clicked an advertisement which took you to your account, or if you participated in any social media or marketing campaigns which enabled you to arrive at your account.
- Behavior information - This includes information about what features of your Hostragon you use regularly and which paths through Hostragon you took.
- Conversion information - This includes information about what goals you have achieved using Hostragon.
- Disabling Google Analytics
- To opt-out of Google Analytics measurement for all sites, you can install the Google Analytics opt-out browser add-on.
- You can also control your participation in Google Analytics by locating the "Manage Cookies" preference and allowing or declining cookies. Declining cookies will disable your participation in Google Analytics.