Terms of Service
These Terms of Service are an agreement between angelwalthosting.com, (“Angel & Walt Hosting” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Angel & Walt Hosting and of the angelwalthosting.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
1. Additional Policies and Agreements
A. Use of the Services is also governed by the following policies, which are incorporated by reference. By using our services, you also agree to the terms of the following policies.
iii. Refund Policy
B. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
2. Account setup, ownership and communication method
A. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Angel & Walt Hosting is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the Angel & Walt Hosting Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In certain cases you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
B. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
We will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact us to receive a price quote. In no event shall Angel & Walt Hosting be held liable for any lost or missing data or files resulting from a transfer to or from Angel & Walt Hosting. You are solely responsible for backing up your data in all circumstances.
4. User Content
A. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Angel & Walt Hosting that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Angel & Walt Hosting a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Angel & Walt Hosting does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
B. Angel & Walt Hosting exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Angel & Walt Hosting’s computers, network hubs and points of presence or the Internet. Angel & Walt Hosting does not monitor User Content. However, you acknowledge and agree that Angel & Walt Hosting may, but is not obligated to, immediately take any corrective action in Angel & Walt Hosting’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Angel & Walt Hosting shall have no liability due to any corrective action that Angel & Walt Hosting may take.
5. Acceptable Use of the Services
The Services provided by Angel & Walt Hosting may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Angel & Walt Hosting reserves the right to refuse service to anyone. Any material that in our judgment violates this agreement in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.
A. Prohibited Uses
a. Infringement of Intellectual Property Rights.
i. Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
ii. If you believe that your intellectual property rights are being infringed upon, please email firstname.lastname@example.org. A list of the information required to submit a sufficient copyright infringement claim can be found here.
b. Using a shared hosting account as a backup/storage device.
You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
B. Unacceptable Material.
a. Unacceptable material on our servers include without limitation:
Topsites, IRC Scripts/Bots, IRCD (irc servers), Proxy Scripts/Anonymizers, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery/Gambling Sites, MUDs/RPGs/PBBGs, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro, Push button mail scripts, Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc), Tell A Friend Scripts, Anonymous or Bulk SMS Gateways, Bitcoin Miners, PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
b. Child Pornography Prohibited.
Content that is potentially harmful to minors, as determined in Angel & Walt Hosting’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.
c. Other Prohibited Content.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
C. Unacceptable Resource Usage.
a. You may not:
- Run stand-alone, unattended server-side processes at any point in time on the server.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
- Run cron entries with intervals of less than fifteen (15) minutes.
- Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
- Include the local file rather than the URL when using PHP, include functions for including a local file. Instead of including “http://yourdomain.com/include.php”), use “include.php”.
- Force html to handle server-side code (like php and shtml) to help reduce usage.
- Use https protocol unless it is necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
D. Zero Tolerance Spam Policy
a. We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice.
b. Any User account which results in our IP address being blacklisted will be immediately suspended and/or terminated.
c. Angel & Walt Hosting reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.
d. Angel & Walt Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.
6. Mail Policy
There is a 200 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.
Many of our servers have a limit of 30 POP3/IMAP checks per hour per each user’s connecting IP address. If you go over this you’re likely to get a wrong password error message or an error stating “login incorrect”. If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.
b) Mailing List Rules
i. Any time you’re sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 8 seconds. (Sending 1 every 8 seconds would send 450 emails within 1 hour, keeping you below the 500 outgoing email limit.) If the mailing list software you’re using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your CPanel.
ii. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else’s email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.
iii. Email Scripts must be able to handle and document all information from a double opt-in list. This includes recording the sign-up IP address and date/time, double opt-in verification IP address and date/time, processing opt-outs (via web or email), and list removal on bounce backs. All opt-outs or bounce back removals must be handled in a timely manner, and outbound mail must be throttled on shared packages to a maximum of five hundred (500) emails per hour. If your account is found to be using a script that does not meet these requirements, Angel & Walt Hosting reserves the right to suspend, terminate, or deactivate your script or account.
7. Third Party Products and Services
A. Third Party Providers
Angel & Walt Hosting may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Angel & Walt Hosting does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Angel & Walt Hosting is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
B. Angel & Walt Hosting as Reseller or Licensor
Angel & Walt Hosting may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Angel & Walt Hosting Products”). Angel & Walt Hosting shall not be responsible for any changes in the Services that cause any Non-Angel & Walt Hosting Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Angel & Walt Hosting Products, either sold, licensed or provided by Angel & Walt Hosting to you will not be deemed a breach of Angel & Walt Hosting’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Angel & Walt Hosting Product are limited to those rights extended to you by the manufacturer of such Non-Angel & Walt Hosting Product. You are entitled to use any Non-Angel & Walt Hosting Product supplied by Angel & Walt Hosting only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Angel & Walt Hosting Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Angel & Walt Hosting Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
C. Third Party Websites
The Services may contain links to other websites that are not owned or controlled by Angel & Walt Hosting (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
8. Account Security.
A. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
B. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Angel & Walt Hosting may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
C. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Angel & Walt Hosting may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
D. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by Angel & Walt Hosting of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, Angel & Walt Hosting may clean-up your account for an additional fee.
E. Angel & Walt Hosting reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
9. Compatibility with the Services
A. You agree to cooperate fully with Angel & Walt Hosting in connection with Angel & Walt Hosting’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Angel & Walt Hosting is not responsible for any delays due to your failure to timely perform your obligations.
B. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Angel & Walt Hosting to provide the Services, which may be changed by Angel & Walt Hosting from time to time in our sole discretion.
10. Backups and Data Loss
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Angel & Walt Hosting does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
Your use of the Services is at your sole risk. Angel & Walt Hosting’s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only as a courtesy and may be modified or terminated at any time at Angel & Walt Hosting’s sole discretion. Angel & Walt Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Angel & Walt Hosting’s servers.
11. Billing and Payment Information
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify Angel & Walt Hosting of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Listed fees for the Services do not include any applicable sales, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Angel & Walt Hosting’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
D. Late Payment.
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Angel & Walt Hosting may suspend or terminate your account and pursue the collection costs incurred by Angel & Walt Hosting, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Angel & Walt Hosting will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
E. Domain Payments.
It is solely your responsibility to notify Angel & Walt Hosting’s billing department via a support ticket created from www.angelwalthosting.com/support after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Angel & Walt Hosting is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed sixty (60) days before the renew date.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Angel & Walt Hosting may report any such misuse or fraudulent use, as determined in Angel & Walt Hosting’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
G. Invoice Disputes.
You have ninety (90) days to dispute any charge or payment processed by Angel & Walt Hosting. If you have any questions concerning a charge on your account, contact us for assistance.
12. Cancellations and Refunds
A. Money-back Guarantee.
If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the Angel & Walt Hosting Support Team (the “Refund Request”) within sixty (60) days of such termination or cancellation (“Notice Period”), receive a full refund of all shared hosting fees previously paid by you to Angel & Walt Hosting for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of this section. Requests for these refunds must be made in writing to the Angel & Walt Hosting Support Team. Refunds will only be issued for hosting services and will not include administrative fees, domain fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
B. Refund Eligibility.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
C. Non-refundable Products and Services.
There are no refunds on domain registrations, administrative fees, and install fees for custom software. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
D. Cancellation Process.
You may terminate or cancel the Services by giving Angel & Walt Hosting written notice via the cancellation link provided under services in your client area account. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Angel & Walt Hosting may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation request and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been cancelled. Angel & Walt Hosting will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone or live chat. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed. Unless you explicitly choose otherwise, cancellations will be effective on the account’s renewal date.
Domain renewals are billed and renewed sixty (60) days before the renewal date. It is your responsibility to notify Angel & Walt Hosting’s billing department via a support ticket created from www.angelwalthosting.com/support to cancel any domain registration at least sixty (60) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
F. Foreign Currencies.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Angel & Walt Hosting is not responsible for any change in exchange rates between the time of payment and the time of refund.
Angel & Walt Hosting may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Angel & Walt Hosting or others or cause Angel & Walt Hosting or others to incur liability, as determined by Angel & Walt Hosting in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Angel & Walt Hosting shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Angel & Walt Hosting may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
14. CPU and Disk Usage
Permitted CPU and Disk Usage.
All use of hosting space provided by Angel & Walt Hosting is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts.
Angel & Walt Hosting expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Angel & Walt Hosting may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Angel & Walt Hosting’s terms and conditions.
15. Uptime Guarantee.
If your shared server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Angel & Walt Hosting and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit www.angelwalthosting.com/support to create a support ticket to our billing department with justification.
16. Price Change
Angel & Walt Hosting reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Angel & Walt Hosting through the user billing tool or through other methods of communication, including notices sent or posted by Angel & Walt Hosting.
17. Limitation of Liability
IN NO EVENT WILL ANGEL & WALT HOSTING ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF ANGEL & WALT HOSTING IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ANGEL & WALT HOSTING’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ANGEL & WALT HOSTING FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless Angel & Walt Hosting, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
19. Independent Contractor
Angel & Walt Hosting and User are independent contractors and nothing contained in this Agreement places Angel & Walt Hosting and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
20. Governing Law and Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Republic of Zimbabwe. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Angel & Walt Hosting shall not be responsible for any damages your business may suffer. Angel & Walt Hosting makes no warranties of any kind, expressed or implied for the Services. Angel & Walt Hosting disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Angel & Walt Hosting or our employees.
22. Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, ANGEL & WALT HOSTING AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. ANGEL & WALT HOSTING AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. ANGEL & WALT HOSTING AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
23. Disclosure to Law Enforcement
Angel & Walt Hosting may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
24. Entire Agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of this Agreement.
26. Changes to the Agreement or the Services
A. Angel & Walt Hosting may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Angel & Walt Hosting website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
B. Angel & Walt Hosting reserves the right to modify, change, or discontinue any aspect of the Services at any time.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or Angel & Walt Hosting to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
29. Assignment and Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Angel & Walt Hosting. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Angel & Walt Hosting may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
30. Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
31. Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.