These Terms of Service (hereafter referred to as the “Agreement”) set forth the terms and conditions of Your Use of hosting and other related services.
In this Agreement:
a. “Our”, “We”, “Company”, and “Hosting Provider” refer to Endless Group, as well as all authorized staff or contractors.
b. “You”, “Your”, and “Client” refers to You as the user of Services, or any agent, employee, or other person authorized to act on Your behalf.
c. “Services” and “Products” refers to any service or product offered to You by the Company.
2. Acceptance of Agreement
When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional 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.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
4. Modification; Term of Agreement
You agree that Company may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes Company may make to this Agreement when such changes are made. If You have purchased Services from Us, the terms and conditions of this Agreement shall continue in full force and effect as long as You are using the Services. By continuing to use the Service after any revision to the Agreement, you agree to abide by and be bound by any such changes or revisions.
5. Accurate Information
You agree to maintain accurate information by providing updates to Company, as needed, while You are using the Services. You will notify Company within ten (10) business days when any information you provided during the registration process has changed. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Company has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Company has the absolute right, in its sole discretion, to terminate its Services and close Your account.
7. Acceptable Use Policy
Company’s Accepted Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:
· not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
· not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
· not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
· not to make, attempt or allow any unauthorized access to Company website, servers, your own hosting account or the account of any other customers of Company.
· not to allow any remote code execution of malicious software through the hosting account provided by Company.
· not to cause denial of service attacks, port scans or other endangering and invasive procedures against Company servers and facilities or the servers and facilities of other network hosts or Internet users unless you have received prior permission from Company or other network host through a “bug bounty” program.
· not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
· not to use Company services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
· not to upload unacceptable material which includes: warez, or banner-ad services, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
· not to engage in or to instigate actions that cause harm to Company or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Company reserves the right to refuse service to anyone upon Our discretion. Any material that in Company judgment, is either obscene or threatening is strictly prohibited and will be removed from Company servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Company will take corrective action upon our own discretion and will notify You. Company decision in such case is binding and final, and cannot be a subject of a further change. Company cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Company or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Company will not be liable for any loss or damages in such cases.
· not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
At its discretion, Company can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.
8. Storage and Security
At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Company servers; and (iv) ensure the confidentiality of Your password. We reserve the right to delete Your archives if they affect Our overall server performance and Company shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Company are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Company shall have no liability to You or any other person for Your use of Company products and/or services in violation of these terms.
9. Third Party Software
Company provides some third-party software to You for easier account management including, but is not limited to DirectAdmin, etc. Such software is provided on an "as is" as available basis. We do not guarantee that any specific results can be obtained by using such software. Company does not take responsibility for any faults in such software functioning.
By using Company Services that include such third-party software, you specifically agree to the relevant third-party terms of service and that You shall use the services in accordance with such terms. Your failure to abide by any third-party license may result in the immediate termination of Your Services by Company.
You can add and use third-party software on Your account only if it is compatible with Our servers. Your use of any third party software is at Your own risk. Company does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Company will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. Company reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.
10. Billing and Payment
All fees for the Services shall be in accordance with Company's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Company reserves the right to impose a percentage fee on any overdue balance for each service term the overdue amount remains unpaid.
11. Termination & Cancellation
The initial term of Your agreement with Company shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with Company shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.
This agreement may be terminated: (i) by You by submitting a helpdesk ticket under Billing Issues category at least three (3) working days before the account is due to renew; or (ii) by Company at any time, without prior notice, if, in Company 's judgment, You are in violation of any terms or conditions herein; or (iii) in Company 's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Company or could disrupt Company 's business operations; or (iv) by Company if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and Company.
In the event of termination or suspension of Services under the above circumstances, You agree that no pre-paid fees will be refunded to You.
12. Customer Support
Company provides customer support to You at no additional fee for issues related to Company service only. Company has the right to decide what a service related issue is and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable.
You can request customer support only by Ticket through the helpdesk system located in the Customer area. Company will have no liability to provide customer support if it is requested in any other way apart from the helpdesk system. You acknowledge that by asking our customer support representatives for assistance, You authorize their intervention and operation in Your account.
While all purchases are processed in US dollars, Company may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, Company makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price.
14. Legal Age
You agree (i) that you are at least 13 years of age (or the minimum age of digital consent, as applicable), (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Agreement, and (iii) if you are between 13 (or the minimum age of digital consent, as applicable) and the age of majority in your jurisdiction, that your legal guardian has read, understood, and accepted the Agreement.
15. Limitation of Liability; Waiver and Release
The Services offered by Company are being provided on an "AS IS" and Company expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringment, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Company expressly does not warrant that the Company Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the 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. No advice or information, whether oral or written, obtained by you from Company shall create any warranty not expressly made herein. You agree that Company will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (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; (vi) events beyond the control of Company; (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 no event shall Company be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the Services, even if Company is aware of or has been advised of the possibility of such damages.
In addition, You specifically acknowledge and agree that any cause of action arising out of or related to Company or the Services provided by Company 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 in no event shall Company’s total aggregate liability exceed the total amount paid by You for the particular Services that are the subject of the cause of action.
The foregoing limitations shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or Your use of Company or its Services offered.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Company and all affiliates of Company, and all officers, agents, employees, and representatives of Company, 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, including, but not limited to, the provision of the Company products and/or services by Company and its agents and employees. Further, You agree to defend, indemnify and hold harmless Company 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 Company’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 Company, 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 Company Hosted 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.
17. Additional Terms
Company expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Company in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Company in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Company, its officers, directors, employees and agents, as well as Company’s affiliates.
In the event that Company need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.
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 information You have provided. You acknowledge that it is Your responsibility to maintain current contact information.
19. Final Agreement
This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersede and govern 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 Company’s 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.
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.
21. Force Majeure
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 Company, 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, Company may, at our discretion, immediately terminate this Agreement.
BY SIGNING UP FOR ENDLESS HOSTING SERVICES, YOU ARE CONSTITUTING YOUR ACCEPTANCE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.