THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND Hostology, LLC. (“WE” OR “Hostology”), THE OWNER AND OPERATOR OF THE WWW.HOSTOLOGY.CO WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE, AND YOUR PURCHASE OF THE SUBSCRIPTIONS AND PRODUCTS SOLD ON THIS SITE. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR SUBSCRIPTIONS TO, THE SITE.
By signing up for a Subscription (as defined below), you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless Hostology if your child breaches or disaffirms any term or condition of this Agreement.
Please be advised that this agreement contains provisions that govern how disputes between us are resolved, which include a jury trial waiver and a class action waiver.
Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Subscriptions (both as defined below). Hostology reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Hostology uses a third party payment processing service to process orders and bill fees to your credit card.
PLEASE TAKE NOTICE that Hostology (and its third party service providers) automatically collects various types of information about your visits to our Site, registration for a Subscription, and/or use our Services. In addition to the personal information provided by you in connection with your account registration, we may also collect certain additional information by automated means, such as cookies, web beacons, and other automated devices.
We and/or our third party service providers may employ canvas fingerprinting and other browser fingerprinting techniques that extract and analyze information about your browser, operating system, and installed graphics hardware in conjunction with other user information to help verify your unique identity for fraud prevention purposes and help us continue to improve our Site and Services. We may also use third-party website analytics tools (such as Google Analytics, and Facebook Insights) that collect information about visitor traffic on the Site that help us continue to improve the Site, performance and user experiences.
The types of information we may collect by such automated means include: Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser, domain name and operating system type); URLs that refer visitors to our Site; Dates and times of visits to our Sites; Information on actions taken on our Site (such as page views and site navigation patterns); A general geographic location (such as country and city) from which a visitor accesses our Site; Search terms that visitors use to reach our Site and the webpage that led you to the Site.
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Hostology if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
You will be able to connect your Hostology account to third party accounts. By connecting your Hostology account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Hostology or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Hostology content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Hostology and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hostology or our licensors except as expressly authorized by these Terms.
Portions of Hostology’s market, property, and comp data are calculated by a 3rd party provider. While accuracy is extraordinarily high, you understand that we do not claim 100% data accuracy.
You also understand that past performance is not a predictor of future results. Any forecast and ROI calculations provided as part of Hostology's products are based on hypothetical scenarios and are not a guarantee. In no event will Hostology LLC, it's directors, employees, or agents, be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or any other damages arising from your direct or indirect use of the site, even if we have been advised of the possibility of such damages.
Hostology sells various data products (“Product(s)”) to end-user customers who receive the Products for their own personal use. This may also include a subscription service (“Subscription(s)”). You may not purchase Products or Subscriptions for further distribution or resale without explicit contractual agreement with Hostology. The purchase of the Products and the rights and privileges conferred are personal and non-transferable.
Pricing for Products and Subscriptions will be the price as agreed at the time you purchase or sign up. The price that we will charge you for the Products and Subscriptions will be the price as posted on the Site on the date you sign-up for that Subscription. Hostology reserves the right to change prices for Products and Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
All purchases are non-refundable. You can cancel your subscription at anytime by logging into your account and going to the Subscriptions menu. If you cancel your Subscription, your subscription will remain active until the end of the Subscription term, and your Subscription benefits will expire at the end of the Subscription term for which you have paid. You will not be eligible for a prorated refund of any portion of the Subscription fees paid for any unused days of the Subscription term.
If you are unsatisfied with your services, please email us at email@example.com or contact us through our website.
Hostology accepts credit card payments. You agree to pay all fees charged to your account based on Hostology’s fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Product or Subscription to the Site. You authorize Hostology or the third party payment processing service provider that we engage to charge your credit card for any such fees. All payments shall be made in advance prior to delivery of the Products. If you do not pay on time or if your credit card cannot be charged for any reason, Hostology reserves the right to either suspend or terminate your account and Subscription and terminate these Terms of Service.
Hostology and Hostology’s third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to Hostology and Hostology’s third party payment service provider at the election of your credit card issuer.
Neither Hostology nor Hostology’s third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.
Subscription renewal fees will be automatically charged to your card on file at the beginning of each term. Hostology will automatically renew your Subscription on the first day of each Subscription term and, as authorized by you by creating an account demonstrating your consent for these terms during the sign-up process, we will charge your credit card with the applicable Subscription fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Subscription fee payments. Each Subscription renewal period is for one month unless otherwise stated.
You hereby acknowledge and agree that Hostology or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
You acknowledge and agree that any comments, suggestions, ideas, feedback or other information regarding the site (“Submissions”) provided to us are non-confidential and shall become the our sole property. We shall own exclusive rights, including intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
Hostology reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hostology as a result of this agreement or use of the Site. Hostology's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hostology's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Hostology with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hostology with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hostology with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
You agree to indemnify, defend and hold harmless Hostology, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Hostology reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hostology in asserting any available defenses.
The site, content, products and subscriptions are furnished to you “as is” and without warranties, representations or conditions, statutory or otherwise, of any kind. Hostology, on behalf of itself and its affiliates, licensors, suppliers and third party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the “Hostology parties”): (a)expressly disclaims all representations, warranties and conditions, whether express, implied or statutory, including, without limitation, the implied warranties of non-infringement, title, merchantability, and fitness for a particular purpose; (b)does not represent or warrant that the site, content, products or subscriptions will meet your requirements, or that the operation of the site or content will be timely, uninterrupted, stable, or secure; (c)does not represent or warrant that the site, content, products or subscriptions will be error-free or that any defects will be corrected; and (d)does not make any representations, warranties, or conditions regarding the use of the site, content or products in terms of their accuracy, reliability, timeliness, completeness, or otherwise. Your use of the site, content, products or subscriptions is entirely at your own discretion and risk and you assume total responsibility for your use of the site, content, products and subscriptions.
This limitation of remedies is a part of the bargain between you andHostology. No oral or written information or advice given byHostology or any person on behalf ofHostology shall create a warranty or condition, or in any way change this exclusion of warranty.
Nothing in this section 7 shall exclude or limit the Hostology parties’ warranties, representations or conditions to the extent they may not be lawfully excluded or limited by applicable law, in which case, such warranties, representations or conditions will be excluded and limited to the greatest extent permitted by applicable law.
If, notwithstanding the foregoing, a Hostology party is found to be liable to you or any third party for any damage or loss which arises under or in connection with your use of the site, content, products or subscriptions, to the fullest extent permissible by law the relevant Hostology party’s total cumulative liability shall not exceed the greater of: (a) the amount you paid Hostology for the products or subscription, as applicable; and (b) the sum of one hundred us dollars (USD $100).
Nothing in this section shall exclude or limit any Hostology party’s liability for losses which may not be lawfully excluded or limited by applicable law, in which case, such Hostology party’s liability will be limited to the greatest extent permitted by applicable law.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to us at firstname.lastname@example.org. In the unlikely event that we are unable to resolve a complaint you may have to your satisfaction, the terms of this Section govern dispute resolution between us.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Hostology 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.
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Oregon, without regard to its conflicts of laws rules. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
Visiting www.hostology.co or sending emails or chat messages to Hostology constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing
Hostology reserves the right, in its sole discretion, to change the Terms under which www.hostology.co is offered. The most current version of the Terms will supersede all previous versions. Hostology encourages you to periodically review the Terms to stay informed of our updates.
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