Violations of this Agreement will waive your rights under the refund policy.
This document (the “Agreement”) sets forth the principles, guidelines and requirements of the Terms of Service of FillHost (the “Company”) governing the use by the customer (“Customer”) of Company’s services and products (“Services and Products”). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company’s facilities, network, and Customer data contained within. The Company believes it provides the best services in the industry, and provides the following policies in the best interests of the Company and the Company’s clients. The Company retains the right to modify these Terms of Service at any time and from time to time and any such modification shall be automatically effective as to all customers when adopted by Company and published at Company shall be the sole and final arbiter as the interpretation of the following. By utilizing the Company’s services and products, the Customer agrees to be bound by the terms herein outlined.
6.1. Limitations – IN NO EVENT SHALL FILLHOST (the Company) HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO FILLHOST , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. FILLHOST SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF FILLHOST, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF FILLHOST, TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO FILLHOST, BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCURED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY FILLHOST, UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE FILLHOST, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. Interruption of Service> – You hereby acknowledge and agree that FILLHOST, will not be liable for any temporary delay, outages or interruptions of the Services. Further, FILLHOST, shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure). Maintenance – You hereby acknowledge and agree that FILLHOST, reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. FILLHOST, will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance. Backup – FILLHOST is offering Free Weekly Backup on Shared Hosting, Business Hosting, Reseller Hosting. We do not offer free backup and restoration on VPS, Dedicated Server. – Free backup includes weekly backup only and we also offer 1-time restoration within one month, extra restoration will be charged accordingly. – If your website or app contains malicious files or any malware we are not responsible for the backup and data loss. – Backup will provided if you have active service, if your service got suspended, terminated we are no more responsible for your backup or backup will not provided.
Any attempt to undermine or cause harm to the Company server or another customer’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.
8.1 Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information and materials relating to the other party’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third part, any such information revealed to it by either party, as the case may be. 8.2 The Customer and the Company further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the vent of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.