Using HostOnion hosting services is subject to the terms and conditions described HostOnion terms and restrictions ("agreement"). This Agreement explains (i) what is allowed when using our services; (ii) the rights you have as a user of our services; (iii) the HostOnion rights when something that is not allowed when using our services; (iv) many other important terms. This agreement is a legal agreement between you and HostOnion, and it is important for you to read it carefully. If there is anything you do not understand this agreement, please contact us.
This agreement is an agreement between you ("user") and HostOnion.com. The agreement determines the general terms and conditions of your use of the products and services published by the site HostOnion and HostOnion (collectively, the "services"). By using the services, you agree to be bound by this agreement. Please read this agreement carefully.
We believe we are entitled to alter or change this agreement at any time. We will post a notice of significant changes to this agreement on the website of HostOnion at least thirty (30) days after the changes are posted and indicates at the bottom of this agreement, the date these terms were last revised. Changes or modifications to this agreement will take effect and charge you the indicated date on the notice posted on this page, along with any options you like as current customer to accept or reject changes, where required by law or otherwise. If the date is not specified, your use of the services after any changes or revisions will constitute your acceptance of the Agreement as modified. If you do not agree to abide by this agreement, you are not authorized to use or access the services, your sole remedy to cancel your account.
Policies
Use of the services is also subject to the following policies and agreements, which are incorporated by reference. By using the services, you agree to the following policy, and agreements; Privacy policy, acceptable use policy, arbitration agreement, domain name registration, domain disputes, copyright claims, data request policy and anti-spam policy.
Additional terms may apply to certain Services, and such additional terms will be made available to you and will be incorporated by reference with such Services.
Eligibility; Registration and Account Security
The services are intended solely for users who are eighteen (18) years or older. Any registration, use or access to the service by anyone under the age of eighteen (18) is not allowed, in violation of this agreement. Registering or using the services, you represent and warrant that you are eighteen (18) years or older.
If you use the Services on behalf of another party, company or other organisation, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization concerning any actions you take in connection with the Services.
You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms ("Registration Data"); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to HostOnion, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account, whether or not authorized by you.
You acknowledge and accept that despite the security measures HostOnion takes in connection with the Services, HostOnion's system and User Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, malware, worms or Trojan horses, or the like. Under such circumstances, HostOnion may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that HostOnion shall have no liability to you for any damage or loss that you may incur due to such corrective action.
HostOnion does not recommend the use of the Services for hosting or storing personal or sensitive content and shall bear no responsibility or liability in the event of a compromise, loss of, or damage to, any such content.
You are responsible for the security of your User account, User Content and User Websites. You further acknowledge and agree that you are solely responsible for backing-up your User account, including without limitation, all User Content and User Websites.
Dedicated Servers
HostOnion reserves the right to reset the password on a dedicated server if the password on file is not current so that we may perform security audits as required by our system operations and security teams. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. HostOnion reserves the right to audit servers as needed and to perform administrative actions at the request of our teams. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups.
Server delivery times. Servers are usually delivered between 1-3 business days from payment confirmation*. Some servers may take a little longer 5-7 business days. The day of your payment does not count as a business day.
HostOnion Content
Except for User Content (as defined below), all content made available through the Services, including images made available through any website builder tools provided by HostOnion (the "Licensed Images"), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, "HostOnion Content"), are the property of HostOnion or its licensors. No HostOnion Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any HostOnion Content.
To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the HostOnion Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party's trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities. c. Any use of the HostOnion Content other than as specifically authorized herein is prohibited and will automatically terminate your rights concerning your use of the Services and the HostOnion Content granted herein. All rights of HostOnion or its licensors that are not expressly granted in this Agreement are reserved to HostOnion and its licensors.
User Content
a. You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you and 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 HostOnion that (i) you have all 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.
b. You acknowledge and agree that HostOnion may, but is not obligated to, monitor User Content and may immediately take any corrective action in HostOnion's sole discretion, including without limitation removal of all or a portion of the User Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You at this moment agree that HostOnion shall have no liability due to any corrective action that HostOnion may take, including without limitation suspension or termination of Services.
c. You hereby grant to HostOnion, to the extent necessary to provide the Services, 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 the User Website; and (ii) make archival or backup copies of the User Content and the User Website. Except for the rights expressly granted above, HostOnion is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with you.
Payment Card Industry Security Standard Disclaimer
HostOnion complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your User Website. HostOnion does not monitor User Websites for compliance, and therefore we are not able to verify whether any User Website complies with the PCI Standard.
User Responsibilities.
You will comply with all applicable laws, rules and regulations in connection with the User Content, User Websites and use of the Services.
You will be solely responsible for all activities conducted on or through a User Website, whether or not authorized by you and any transactions or interactions with end users of your User Website. You will be solely responsible for providing end users of your User Website with any applicable terms of use and privacy policy, including any required disclosure or explanation of the features of your User Website and any goods or services offered through your User Website.
You will cooperate fully with HostOnion in connection with HostOnion's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in the performance of your obligations under this Agreement will extend the time for HostOnion's performance of its obligations that depend on your performance.
You will be solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by HostOnion to provide the Services, which hardware and software may be changed by HostOnion from time to time in its sole discretion.
You will be solely responsible for backing-up all User Content, including any User Websites off of HostOnion's servers. This is an affirmative duty. HostOnion is not responsible for the loss of any User Content. Note: It is essential that Users backup files offline, even if user purchases or has backup products provided by HostOnion.
You are responsible for the security of your User account, User Content, and User Websites. You will maintain at all times and are responsible for, the security and confidentiality of all account credentials, including your username and password
You will use your best efforts to ensure that the User Content and User Websites are and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code. You are required to prevent, identify, and promptly remove or disable from your User account, User Content and User Websites any code that may disrupt, disable, harm or cause the misuse of your account, HostOnion Content or the Services in any way (including any malware).
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by HostOnion ("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"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, security, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk, and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
Billing and Payment.
Fees Due. You will pay HostOnion all fees for the Services outlined in the registration form presented to you at the time you order the Services and for all fees for subsequent Renewal Periods at the time of renewal.
Price Increases. HostOnion may increase the fees for the Services (i) in the manner permitted in the applicable description of the particular Services published by HostOnion on the HostOnion website or in a promotional offer (the "Service Description") and (ii) at any time on or after expiration of the Initial Term by providing thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the User billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) notifications of pricing for renewal terms. It is your sole responsibility to periodically review the billing-related information provided by HostOnion through the User billing tool or other methods of communications and notices sent or posted by HostOnion.
Automatic Renewals. By purchasing the Services, you agree to allow HostOnion to place your account on a recurring payment plan. The account will automatically be re-billed according to the term length of the Services you select. For Services with term lengths of three (3) months or longer, HostOnion shall provide notice of the upcoming charge to User no later than thirty (30) days before the payment date for each Renewal Period. This notification will be sent to the contact email address on file for the Account. Unless you disable the automatic renewal option, we will automatically renew the Services up to seven (7) days before your renewal date and will take payment from the payment method we have on file. HostOnion may make multiple attempts to collect payment from the payment method on file if the initial attempt is not successful.
VPS and Dedicated Accounts. As a courtesy and not as an obligation, HostOnion will automatically renew User's VPS or Dedicated Hosting Account by charging the applicable fee for the regular rate to User's current method of payment on file. For VPS or Dedicated Hosting accounts with a Term of one (1) month, the specific refund is renewal will occur twenty-four (24) hours before the expiration of User's Services. For accounts with a term of three (3) months or greater, this renewal will occur seven (7) days before the expiration of User's Hosting Account and HostOnion will provide notice of the upcoming charge to User no later than thirty (30) days before the payment date. If a VPS or Dedicated Hosting Account that has been set to manual renewal by User expires, this renewal will occur seven (7) days before the expiration of User's Hosting Account.
Add-On Services. If you purchase certain add-on services from HostOnion such as Domain Privacy, SSL certificates, or Site Lock, you may be required to apply the Service to a specifics domain name to begin using the Service. HostOnion is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.
Failure to Pay. If you fail to pay the fees due, we may continue to attempt to collect payment from the payment method on file, suspend, and terminate your Services and pursue the collection costs incurred by HostOnion, including without limitation, any arbitration and legal fees and HostOnion's reasonable attorneys' fees. If any check is returned for insufficient funds, HostOnion may impose a minimum processing charge plus any applicable taxes. Accounts will not be activated or reactivated until all outstanding amounts are paid. We are not responsible for any deleted or post User Content that results from any suspension or reactivation. Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment, we do not automatically reactivate the dedicated servers. Contact HostOnion directly after you make a late payment to reactivate the dedicated server.
Fraud. It is a violation of this Agreement to misuse or fraudulently uses credit cards, charge cards, electronic funds transfers, and electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies.
Disputes. You have ninety (90) days to dispute any charge or payment processed by HostOnion. If you have a question concerning a charge you believe is incorrect, please call us, and we will investigate. If you initiate a chargeback, there may be a minimum charge plus applicable taxes to reactivate your account, and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes.
Term and Termination of the Services.
The term of Services. The initial term of the Services purchased by you will be for the period outlined in the registration form presented to you when you order the Services (the "Initial Term"). Unless you cancel prior to the end of the Initial Term or as otherwise stated in a notice sent to you at least thirty (30) days prior to the expiration of your then-current term, the Services will automatically renew for successive periods of equal length as the Initial Term (each a "Renewal Period"). You acknowledge, agree, and authorize us to bill the applicable fee automatically and charge your credit card or another payment method on file up to seven (7) days before the end of each Renewal Period unless you terminate or cancel the Services before such charge as provided in this section. The "Term" of this Agreement shall include the Initial Term and all Renewal Periods if any.
Termination Procedure. You may terminate or cancel the Services you purchased at any time during the Term by giving HostOnion notice by phone or chat. The cancellation request is subject to verification of ownership of the account and domain, as determined in HostOnion's sole discretion. In the event of such cancellation, you shall be obligated to pay all fees accrued before the effectiveness of such cancellation subject to the terms of the thirty (30) day money-back guarantee if applicable. After the account is cancelled, all User Content will be permanently removed from the server. Please make a backup of all User Content before you contact HostOnion to cancel your account.
CPU, RAM, Bandwidth and Disk Usage
i. Permitted CPU, RAM and Disk Usage. 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. We expressly reserve the right to review every shared account for excessive usage of CPU, RAM, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. We may, in our sole discretion, terminate access to the Services or remove or delete User Content for those accounts that are found to be in violation of these Terms and Conditions and other policies. Dedicated and VPS usage will be limited by the resources allocated to the specific plan that you purchase.
ii. Bandwidth Usage. Bandwidth usage is unmetered (i.e., not monitored) for shared hosting services only. Bandwidth usage for dedicated, reseller and VPS services are subject to the terms and limitations of the plan you purchased which are available in your client area.
Disabling automatic renewal option. Please see below procedure for opting out of automatic renewal.
i. Disabling automatic renewal option for basic hosting services. You may disable the automatic renewal option for your hosting account via the Account Renewal form in the Control Panel. After the account is downgraded to a free domain parking account or deleted, all User Content will be permanently removed from the server. Please make a backup of all User Content before you disable auto-renewal. So long as your Account remains active, other products and services on the Account such as domain names or Domain Privacy will continue to auto-renew.
ii. Disabling automatic renewal option for domain names or other add-on products. You may disable the automatic renewal option for domain names via Domain Central in the Control Panel. For other add-on services (such as Domain Privacy), please contact HostOnion by phone or chat for assistance.
a. Termination by HostOnion. HostOnion 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 hereunder to HostOnion; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm HostOnion or others, cause HostOnion or others to incur liability, or disrupt HostOnion's business operations (as determined by HostOnion in its sole discretion); (iv) you are abusive toward HostOnion's staff in any manner; or (v) for any other lawful reason or as otherwise specified in this Agreement. In such event, HostOnion will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees accrued before the effectiveness of such termination.
b. Modification of Services.HostOnion reserves the right to modify, change or discontinue any aspect of the Services at any time.
c. Data Deletion. Upon termination of the Services for any reason, User Content, User Websites, and other data will be deleted. You are always responsible for maintaining backup copies of all User Content, User Websites, and other data. HostOnion is not responsible for the loss of any User Content. Note: It is essential that users back up files offline, even if user purchases or has products provided by HostOnion.
Technical Support Services
Except as described otherwise in paragraph (b) below, HostOnion will provide technical support via chat and phone for HostOnion Services ("Technical Support Services"). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing HostOnion's Technical Support Services, you grant HostOnion permission to access your account, if necessary, to resolve your issue. You agree that HostOnion and its agents and employees are not liable for any damage resulting from the provision of customer support.
Ineligibility for Technical Support Services. HostOnion will not provide Technical Support Services if (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (i) any modification or attempted modification of the Services by you or any third party outside of HostOnion's control; or (ii) your failure or refusal to implement changes recommended by HostOnion; or (c) you are abusive toward our staff in any manner.
VPS and Dedicated Servers. HostOnion will provide a default operating system installation on the dedicated server hardware that permits super-user server access to our support staff. User agrees and acknowledges that if User alters or removes this server access, HostOnion's ability to provide technical support to User may be severely limited.
Disclaimer
You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is entirely at your own risk. You further acknowledge and agree that HostOnion exercises no control over, and accepts no responsibility for, the content of the information passing through HostOnion's host computers, network hubs and points of presence or the Internet.
Limited Warranty.
HostOnion represents and warrants to you that the Services will be provided in compliance in all material respects with the applicable Services descriptions available on the HostOnion website. Your sole and exclusive remedy, and HostOnion's sole obligation, for breach of the preceding warranty, shall be for HostOnion, at its option, to re-perform the defective Services at no cost to you. The foregoing warranties shall not apply to performance issues or defects in the Services (x) caused by factors outside of HostOnion's reasonable control; (y) that resulted from any actions or inactions of User or any third parties, whether or not authorized by User; or (z) that resulted from your equipment or any third-party equipment not within the sole control of HostOnion.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, HOSTONION AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE "HOSTONION PARTIES") 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. THE HOSTONION PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES, MALWARE OR OTHER HARMFUL CODE, 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. THE HOSTONION PARTIES 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. NO ADVICE OR INFORMATION GIVEN BY HOSTONION OR HOSTONION'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. HOSTONION DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. HOSTONION DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR HOSTONION IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Indemnification
You agree to indemnify, defend and hold harmless the HostOnion 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 HostOnion 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 of your acts or omissions. The terms of this section shall survive any termination of this Agreement.
Governing Law and Legal Action
Governing Law; 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 or arising from an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this Agreement must be brought in a state or federal court located in Middlesex County, Massachusetts. Each of the parties hereby irrevocably consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Both you and HostOnion at this moment agree to waive all respective rights to a jury trial of any claim arising out of or relating to this Agreement.
Arbitration. For all Users who signed up for or purchased Services on or after July 1, 2017, the Arbitration Agreement shall apply. The Arbitration Agreement includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt-out procedure described therein.
Governing Law and Jurisdiction for users in the European Union
For users in the European Union, this Agreement, and any non-contractual obligations arising out of, or about it, shall be governed by and construed by the laws of England and Wales subject only to any mandatory provisions of consumer law in the country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply.
You and HostOnion irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
Alternatively, you may raise the dispute with an alternative dispute resolution body via the EU Commission's Online Dispute Resolution (ODR) Platform.
Miscellaneous.
Independent Contractor. HostOnion and User are independent contractors, and nothing contained in this Agreement places HostOnion 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.
Headings. The headings herein are for convenience only and are not part of this Agreement.
Entire Agreement. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties concerning the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties concerning the matters covered at this moment.
Severability. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
Waiver. No failure or delay by any party hereto 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 by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement 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.
Assignment; Successors. You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of HostOnion. Any attempted assignment in violation of the preceding provision shall be null and void and of no force or effect whatsoever. HostOnion may assign its rights and obligations under this Agreement and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
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.
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, you acknowledge and agree 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 the terms and conditions of this Agreement with respect to its products or services against you directly as if it were a party to this Agreement.
Government Regulations. You may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States (or, if you are outside of the United States, to anyone outside of your national jurisdiction) in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction you operate or do business.
Marketing. You agree that during the Term HostOnion may publicly refer to you, orally and in writing, as a User of HostOnion to the extent permitted by applicable law. Any other public reference to User by HostOnion requires your written consent.