Effective Date: 24/12/2017
SpeedoServers.com website is the property of WebHost Systems Ltd WebHostSystems.net a web Hosting Company and Reseller of Namecheap Inc. for Domain Names. WebHost Systems Ltd is one of the official Domains Names Resellers of Namecheap registering all of its client’s domain names through the Namecheap’s API
This PremiumDNS Terms of Service Agreement (“Agreement”) sets forth the terms and conditions of Your use of WebHost Systems Ltd/Namecheap Inc.’s premium DNS services (the “Services”) as defined in Section 2 below. The Services may, at the sole and absolute discretion of WebHost Systems Ltd/Namecheap, Inc., be delivered by a third-party provider (“Vendor”). In this Agreement “You” and “Your” refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “Us” and “Our” refer to WebHost Systems Ltd/Namecheap, Inc., as well as its subsidiaries and sister companies and any third-party providers, including but not limited to the Vendor (collectively, “WebHost Systems Ltd/Namecheap”). This Agreement explains Our obligations to You, and explains Your obligations to Us for using the Services. These obligations are in addition to (not in lieu of) any terms and conditions that apply to Your use of the Services under any other WebHost Systems Ltd/Namecheap policies and/or agreements. When You use the Services, Your Account (or You permit someone else to use it) to purchase or otherwise acquire access to the Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement along with the SpeedoServers.com’s T&S and Namecheap Universal Terms of Service Agreement and all applicable policies and product agreements incorporated by reference therein. You agree that WebHost Systems Ltd/Namecheap may, in its sole and absolute discretion, modify this Agreement and the Services it offers to You from time to time and that such modifications are effective immediately upon posting to this site. Your use of the site or Services after such changes or modifications have been made constitutes Your agreement to be bound by this Agreement as last revised. If You have purchased Services from WebHost Systems Ltd/Namecheap, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, as long as You take advantage of and use the Services.
Unless otherwise specified, capitalized terms used in this Agreement shall have the meanings set forth in this Section 1.
WebHost Systems Ltd/Namecheap will provide You with a cloud-based service which hosts, and resolves DNS Queries for, Customer Zone(s) (collectively, the “Services”). You must ensure that Customer Zones do not exceed 1,000 Resource Records.
You shall (a) set up, configure and update Customer Zone(s) throughout the term; (b) after You have completed DNS configuration, You must ensure that Your registrars-of-record modify the records for the Domain Names that You are hosting to make the Name Servers authoritative for such Domain Names; (c) provide WebHost Systems Ltd/Namecheap with reasonable access, cooperation, and timely and accurate information; (d) permit WebHost Systems Ltd/Namecheap and the Vendor to exchange any and all relevant information, including but not limited to Your Confidential Information relating to the Services provided herein; (e) upon request by WebHost Systems Ltd/Namecheap make changes or direct Our service providers to make changes to existing network equipment and/or infrastructure in order to enable WebHost Systems Ltd/Namecheap to provide the Services; (f) be responsible for obtaining all necessary authorizations and permissions to effect such changes; and (g) be responsible for all fees or charges (if any) for making such changes.
You shall not use, nor permit others to use, the Services: (a) for any unlawful, infringing, defamatory, or fraudulent purpose; (b) to transmit obscene, harassing or otherwise objectionable material, whether or not such material is constitutionally protected; (c) to send any virus, worm, trojan horse or harmful code, or attachment; (d) to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; (e) so as to materially interfere with or disrupt WebHost Systems Ltd/Namecheap’s network or third party networks connected to WebHost Systems Ltd/Namecheap’s network; (f) for online gambling in all forms that violates applicable laws; and/or (g) in a manner that is inconsistent with this Agreement, any applicable laws, or any usage guidelines provided or posted by WebHost Systems Ltd/Namecheap in writing from time to time. If WebHost Systems Ltd/Namecheap determines, in its sole discretion, that You have failed to comply with any part of this Section 4, You agree that WebHost Systems Ltd/Namecheap may, upon providing forty-eight (48) hours written notice, immediately take corrective action which includes, but is not limited to (i) suspending the Services; and/or (ii) terminating this Agreement or any part thereof; provided, however, that WebHost Systems Ltd/Namecheap shall not be required to provide notice to You in the event that You failure or alleged failure to comply with this Acceptable Use Policy (“AUP”) constitutes a violation of the law or causes, is causing or may cause a Disrupting Event. Such corrective action is in addition to any other rights WebHost Systems Ltd/Namecheap may have under this Agreement or under law, and WebHost Systems Ltd/Namecheap shall have no liability with respect to any action taken, or inaction, in connection with this Section 4. WebHost Systems Ltd/Namecheap may provide You with notice that it intends to take action under this Section 4 but is not required to do so. You acknowledge that WebHost Systems Ltd/Namecheap shall not be responsible for any failure to deliver the Services resulting from factors outside of WebHost Systems Ltd or Namecheap’s reasonable control including, but not limited to, any failure by You to comply with this Section 4 and/or any non-performance or improper performance by You or any third parties.
In case of a Disrupting Event, WebHost Systems Ltd/Namecheap may immediately and without prior notice suspend the Services to You where WebHost Systems Ltd/Namecheap has a reasonable belief that the Disrupting Event involves or is directed at You. Within forty-eight (48) hours of any such suspension (or sooner if reasonably practicable), WebHost Systems Ltd/Namecheap will notify You (email being sufficient) of the suspension and of the Disrupting Event. You agree that, if notified of such a suspension, You will cooperate with WebHost Systems Ltd/Namecheap in good faith to determine the cause of, and resolve, the Disrupting Event if possible.
In the event of expiration of the term or termination of this Agreement, the Services will be terminated for all Customer Zone(s) on the date on which the Agreement expires or the date on which the Services are terminated by WebHost Systems Ltd/Namecheap or You in accordance with this Agreement, as applicable. You are solely responsible for (a) removing the Customer Zone(s) and contacting Your registrars-of-record to redirect DNS name server delegation for such Customer Zone(s); (b) any registrar modification fees incurred for changing DNS name server delegation; and (c) procuring any new or replacement services upon termination or expiration. By not taking any action with respect to Customer Zone(s) before the date on which this Agreement expires or the Services terminate, as applicable, You hereby acknowledge and agree that WebHost Systems Ltd/Namecheap may, in its discretion, take any number of actions which include, but are not limited to, not resolve DNS Queries to such Customer Zone(s) which will likely result in interruption of its DNS resolution on or after the date on which this Agreement expires or the date on which the Services terminate, as applicable, redirect DNS Queries, or respond to such DNS Queries in a manner deemed suitable to WebHost Systems Ltd/Namecheap.
You represent and warrant that (a) Your registration and use of any domain name(s) will not infringe the intellectual property rights of a third party and are for legitimate purposes and not for the purpose of (i) disrupting the business of a competitor; (ii) confusing or misleading Internet users; or (iii) cybersquatting, which is defined as the registration or acquisition of a domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the owner of a trademark reflected in the domain name or to a competitor; (b) You have obtained any necessary consents and permissions to provide Your and/or third party information (including, but not limited to, the Customer Zone(s), Domain Names and any personal data) to WebHost Systems Ltd/Namecheap; (c) the use of the Services is for Your own internal use and not for resale by You; and (d) You are not engaged in any illegal activities and that You will comply with all applicable rules, regulations and laws; (e) You will not misappropriate or infringe, directly or indirectly, the intellectual property rights of any third party. In the event WebHost Systems Ltd/Namecheap believes, in its discretion, that You have breached any of the foregoing representations and warranties, WebHost Systems Ltd/Namecheap may, without limitation, terminate this Agreement immediately upon notice to You, suspend the Services immediately upon notice to You, and remove some or all of the Customer Zones.
You acknowledge and agree that You shall have no right to seek, and shall not seek, any indemnification directly from WebHost Systems Ltd or Namecheap or the Vendor.
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, THE SERVICES ARE PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEBHOST SYSTEMS LTD AND NAMECHEAP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE.
Each party agrees that it shall comply with all applicable federal, state and local laws, regulations, and export requirements in connection with its performance under this Agreement. Regardless of any disclosure made by You to WebHost Systems Ltd/Namecheap of an ultimate destination of any software, hardware, or technical data acquired from WebHost Systems Ltd/Namecheap and, notwithstanding anything contained in this Agreement to the contrary, You will not modify, export, or re-export, either directly or indirectly, any software, hardware, or technical data, or portions thereof, without first obtaining any and all necessary licenses from the United States government or agencies thereof or any other country that requires an export license or other governmental approval at the time of modification, export, or re-export. WebHost Systems Ltd/Namecheap shall have the right to suspend performance of any of its obligations under this Agreement, without prior notice and without liability if You fail to comply with this Section 11.
You represent and warrant that (a) You are aware of, understand and will comply with the provisions of the U.S. Foreign Corrupt Practices Act (“FCPA”) and the U.K. Bribery Act, as applicable (collectively, the “Acts”); (b) You will not take any action that might be a violation of the Acts or other applicable anti-corruption laws that prohibit the same type of conduct; (c) You have, and will have, policies in place sufficient to ensure compliance with the provisions of the FCPA and the U.K. Bribery Act, as applicable; (d) You and Your Affiliates, in the exercise of Your and their rights and the performance of Your and their obligations under this Agreement, or in connection with any transaction contemplated or authorized by this Agreement, have not, and shall not, pay or give, offer or promise to pay or give, or authorize any third party to pay or give, any money or any other thing of value directly or indirectly for the purpose of unfairly obtaining or retaining any business or securing an other unfair advantage to: (i) any government official or government employee (including any official or employee of a state-owned commercial enterprise or public international organization; (ii) any political party or officer or employee of any political party; (iii) any candidate for political office; (iv) any officer or employee of any customer or potential customer; or (v) any other person, firm, corporation or other entity at the suggestion, request or direction of, or for the benefit of, any of the foregoing persons or entities; (vi) all amounts paid to WebHost Systems Ltd/Namecheap by You hereunder, including, but not limited to any discounts or credits furnished by WebHost Systems Ltd/Namecheap, if any, shall not be paid or given to any other person, firm, corporation or other entity, except in payment for a bona fide business purpose authorized by this Agreement and incurred in connection with the performance of services hereunder in accordance with applicable law. WebHost Systems Ltd/Namecheap acknowledges that any violation of this Section 12, or any formal allegation brought by a government agency charged with enforcement of anti-corruption laws that You are involved in a violation of any applicable anti-corruption law involving, or related to this Agreement, would be a material breach of this Agreement, giving WebHost Systems Ltd/Namecheap the right to terminate this Agreement immediately without any liability owed by WebHost Systems Ltd/Namecheap.
All fees for the Services shall be in accordance with WebHost Systems Ltd/Namecheap’s fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the time You order the Services, unless otherwise noted. All fees are non-refundable, in whole or in part, even if the Services and/or Your domain name registration are suspended, cancelled or transferred prior to the end of Your then current term, unless this Agreement or the WebHost Systems Ltd/Namecheap Refund Policy specifically provides for a refund. At the sole and absolute discretion of WebHost Systems Ltd/Namecheap, fees for the Services may be refundable if You cancel the Services within five (5) days after purchase.
Service availability is limited by the outstanding domain name registration period at the time You order the Services. If Your domain name registration expires prior to the end of one (1) year from purchase of the Services, You will be required to pay the full annual fee but Your Services will automatically expire upon expiration of your domain name registration. If Your domain name registration expires on a date which is after one (1) year from purchase of the Services, You may elect to purchase the Services for a period expiring on the expiration date of Your domain name registration. In such cases, the fees for Services will be prorated for the period which exceeds one (1) year from purchase of the Services.
WebHost Systems Ltd/Namecheap will use commercially reasonable efforts to ensure the Services deliver 100% DNS resolution (“Service Level Agreement” or “SLA”). If We fail to meet this SLA, as solely determined by Us, due to an internal infrastructure or equipment failure resulting in a failure by the Services to respond to your DNS queries, You may be eligible to receive an Account credit calculated as the prorated Service fee for each day of downtime up to a maximum of 30 days per 12 month period. A staff member within Our customer support team must confirm downtime. To be eligible for a Service cycle prolongation, You need to contact Namecheap by submitting a ticket to Namecheap’s Billing department within the first three (3) calendar days after the downtime took place. You may not be eligible for a Service cycle prolongation in the case of a Service interruption caused or associated with issues such as the following (regardless of whether an internal infrastructure or equipment failure by Namecheap also caused or contributed to the Service interruption):
This SLA shall be Your sole and exclusive remedy for any defects in, or issues with, the Services. WebHost Systems Ltd and Namecheap shall not be liable for any consequential or indirect loss or damage caused by the failure of the Services.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. WEBHOST SYSTEMS LTD, NAMECHEAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WEBHOST SYSTEMS LTD, NAMECHEAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, AND NAMECHEAP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY WEBHOST SYSTEMS LTD, NAMECHEAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS SUPPORT CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.
IN NO EVENT SHALL WEBHOST SYSTEMS LTD, NAMECHEAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) OUR SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (III) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF THE SERVICES, (VI) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM OUR SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO OUR SITE, (VII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (VIII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WEBHOST SYSTEMS LTD OR NAMECHEAP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT NAMECHEAP WILL NOT BE LIABLE FOR ANY (I) SUSPENSION OR LOSS OF THE SERVICES; (II) INTERRUPTION OF BUSINESS; (III) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE(S) PROVIDED THROUGH OR BY THE SERVICES; (IV) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (V) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (IV) EVENTS BEYOND THE CONTROL OF NAMECHEAP; (VII) THE PROCESSING OF YOUR APPLICATION FOR SERVICES; OR (VIII) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WEBHOST SYSTEMS LTD OR NAMECHEAP’S TOTAL AGGREGATE LIABILITY FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION IS LIMITED TO THE SLA AND IN NO EVENT SHALL EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SAID SERVICES OVER THE PREVIOUS TWELVE (12) MONTHS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE. NO WAIVER OF ANY PROVISION OF THIS AGREEMENT SHALL BE EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF NAMECHEAP.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge WebHost Systems Ltd and/or Namecheap and all Resellers or affiliates of Namecheap, and all officers, agents, employees, and representatives of WebHost Systems Ltd and/or Namecheap, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof. Further, You agree to defend, indemnify and hold harmless WebHost Systems Ltd/Namecheap and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by WebHost Systems Ltd and and/or Namecheap’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or Your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to WebHost Systems Ltd and/or Namecheap, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for You or by You via the Services; (vi) any information, material, or services available on Your licensed WebHost Systems Ltd and/or Namecheap website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets.
This indemnification is in addition to any indemnification required of You elsewhere. Should WebHost Systems Ltd/Namecheap be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, WebHost Systems Ltd/Namecheap may seek a written confirmation from You concerning Your obligation to defend, indemnify and hold harmless WebHost Systems Ltd or Namecheap. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that WebHost Systems Ltd and/or Namecheap shall have the right to participate in the defense of any such claim through counsel of its Own choosing. You agree to notify Namecheap of any such claim promptly in writing and to allow WebHost Systems Ltd and/or Namecheap to control the proceedings. You agree to cooperate fully with WebHost Systems Ltd and/or Namecheap during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.
Your rights and obligations, and all actions contemplated by this Agreement, shall be governed by the laws of the United States of America and the State of California. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court for the Central District of California, or if there is no jurisdiction in such court, then in a state court in Los Angeles County, State of California. You agree to waive the right to a trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.
You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or, if domain related, the domain name Whois information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name Whois information You have provided.
This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersedes and governs all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for the Services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that You have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
The following provisions shall survive any expiration or termination of this Agreement: (a) Section 1 (Definitions); (b) Section 5.2 (Restrictions); (c) Section 7 (Effect of Termination); (d) Section 10 (Disclaimer of Warranties); and (e) any other provisions of this Agreement which, by their nature, were intended by the parties to survive any expiration or termination of this Agreement.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without WebHost Systems Ltd or Namecheap’s (depend on the case/situation) prior express written consent.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over WebHost Systems Ltd and/or Namecheap, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this section extends for a period in excess of thirty (30) days in the aggregate, WebHost Systems Ltd and/or Namecheap may immediately terminate this Agreement.
If you have questions about this Agreement, please contact us by email or regular mail at the following address: firstname.lastname@example.org
WEBHOST SYSTEMS LTD