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Welcome to the Armourhosting.com website (the “Site”). By accessing & using the services of/from this Site, you agree to be bound by the terms & conditions mentioned below (the “Terms”). If you do not agree to all or any of the Terms, please do not use the Site or its services.
Armour Hosting (“The Company”) agrees to provide services to the customers, visitors, subscriber, (the “Users”) subject to the subsequent TOS (Terms of Service). Use of the Armour Hosting Services comprises acceptance, recognition & conformity to Armour Hosting’s AUP (Acceptable Use Policy) with Armour Hosting’s TOS (Terms of Service).
Armourhosting.com may frequently & periodically modify, amend, revise or alter the Terms by updating or revising this Web page at the exclusive & solitary discretion of the Armour Hosting. Your use of our Site & services, in any way & from any resource, following any such change or modification constitutes & represents your conformity to be bound by & follow the Terms as changed or modified.
PLEASE READ THIS AGREEMENT CAREFULLY
SIGNING UP FOR THE SERVICES & PRODUCTS GENERATES A CONTRACT BETWEEN YOU & US, CONSISTING & COMPRISING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION & THIS USER AGREEMENT. YOU ARE ASSENTING & AGREEING TO FOLLOW & BE BOUND BY THE TERMS & CONDITIONS OF THIS AGREEMENT & ALL THE TERMS & CONDITIONS INTEGRATED & INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES & PRODUCTS CONSTITUTES YOUR CONCURRANCE & ACCEPTANCE OF THIS AGREEMENT.
Copyright & Trademark Notice
This Site & its contents, including, but not limited to, text, graphics, photographs, illustrations, sound, video, & any other material (together referred to as “Content”) are protected under United States & international copyright laws & are the property of Armourhosting.com or its third-party licensors. All rights reserved. All logos, page headers, splash screens, button icons, & custom graphics exhibited on this Site are trademarks, service marks, and/or trade dress (together, “Marks”) of Armourhosting.com or its third-party licensors. Except for as specifically allowed herein; distributing, copying, transmitting, modifying, displaying, selling, or participating/contributing in the sale or trade of, or otherwise make use of or using any Content or any Marks in any form or by any way/means without the complete & specific written permission of Armourhosting.com is prohibited & hence illegal; & may breach the copyright or trademark laws of the United States and/or other countries.
The Site & its Contents are intended entirely for personal, private, non-commercial use by the Users of Armourhosting.com. You can copy and/or download the Contents exhibited on the Site for the only purpose of using the Site as a private/personal resource, given that you uphold any notices included in the Content, like all trademark legends, copyright notices, or other proprietary rights notices. No title, right, or interest in any downloaded resources or materials is shared or transferred to you as a consequence of any such copying or downloading.
We welcome your remarks, comments, suggestions, feedback, ideas, notes, & other submissions you disclose or send out to us (collectively, “Comments”). You grant Armourhosting.com & its associates & partners a perpetual, immutable, royalty-free, global, right, authorization & license to utilize, reproduce, alter, modify, adjust, publish, copy, translate, create derivative works of, distribute, share out, perform & exhibit in public (in whole or in part) Users Comments, their name, & any connected copyrights, ethical rights, or other intellectual property rights.
This Site may have links to various other websites (“Linked Sites”). Armourhosting.com doesn’t manage or operate any information, data, services, or products on the Linked Sites & doesn’t approve, or endorse any products, data or information offered/exhibited at Linked Sites. You acknowledge, admit & consent to that, that your access or usage of any Linked Site is at your own personal/individual risk.
Armourhosting.com, its contents, & all information, services, & products enclosed in or offered via this site are offered & provided on an “as is” & “as available” basis with no representations, warranties and/or assurances of any sort, whatsoever. Armourhosting.com expressly denies & disclaims all such representations, warranties, and/or assurances either stated or implicit, including, without limitation, warranties of title, merchantability, appropriateness for a particular purpose/use, or non-infringement & any implicit warranties arising from course of performance or course of dealing. Armourhosting.com does not warrant or assure that this site or its contents will be complete, precise, accurate, uninterrupted, safe, or error free or that the site or the server that makes it available are liberated of any viruses or other damaging components or entities. All information & details on the site are subject to change/modification without any notice.
Limitation of Liability
a. In no event shall Armourhosting.com be liable or responsible for any direct, indirect, consequential, or incidental damages arising out IN CONNECTION WITH THE SERVICES, PRODUCTS, ANY SOFTWARE OFFERED/PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, FAULTS, DEFECTS, VIOLATION OF WARRANTY OR OTHERWISE, of or related to Users’ use of or failure to use this site or services or goods procured or acquired by means of this site, whether in an act under contract, negligence, or any other theory, even if Armourhosting.com has been updated of the likelihood of such damages. Armourhosting.com’s total liability for all losses, damages, costs & reasons of actions from any and/or all claims (whether in tort, contract, containing negligence, quasi-contract, statutory or otherwise) arising from or associated to Users’ use of this Site shall not exceed one hundred US dollars (US$100) at maximum.
b. ARMOURHOSTING.COM CANNOT GUARANTEE OR ASSURE UNINTERRUPTED SERVICE; SERVICE AT ANY SPECIFIC/PARTICULAR TIME OR DURATION, RELIABILITY OF DATA, INFORMATION, CONTENT OR DTA STORED OR PROVIDED VIA THE INTERNET. WE WILL NOT BE LEGALLY RESPONSIBLE FOR ANY UNAUTHORIZED OR ILLEGAL ACCESS TO, OR ANY ERASURE, CORRUPTION, THEFT, DESTRUCTION, FRAUD, ALTERATION OR UNINTENTIONAL DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
c. EXCEPT FOR AS SPECIFICALLY PROVIDED UNDERNEATH; NEITHER PARTY SHALL BE LEGALLY RESPONSIBLE IN ANY WAY OR MANNER TO THE OTHER PARTY OR ANY OTHER ENTITY/PERSON FOR ANY LOSS, REVENUES OR PROFITS; LOSS OF DATA OR EXPENDITURES OF PURCHASING OF SUBSTITUTE/ALTERNATIVE SERVICES, LICENSES OR GOODS OR ALIKE ECONOMIC LOSS, OR FOR ANY PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RESULTANT OR ALIKE DAMAGES OF ANY SORT, WHETHER PREDICTABLE/ANTICIPATED OR NOT, UNDER ANY WARRANTY/ASSURANCE OR OTHER RIGHT PROVIDED BELOW; ARISING OUT OF OR IN ASSOCIATION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A 3RD PARTY, DESPITE OF WHETHER IT HAS BEEN UPDATED/WARNED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
d. The restrictions included in this Section are valid to all or any causes of action in cumulative, whether based in contract, tort or any other Terms & Conditions of Service theory (including stringent liability), other than claims based on wilful misconduct or fraud.
e. User recognizes, admits, agree & accepts that if Armour Hosting adopts any counteractive action under this Agreement for the reason that an action of User or any if its Users or a reseller, that counteractive action may unfavourably have an effect on other Users of User or other reseller Users, & User agree that Armour Hosting shall have no legal responsibility to User, any of its Users or any Reseller User by reason of such counteractive action by Armour Hosting.
f. This restriction of liability reveals a well-versed, voluntary distribution among the parties of the risks (familiar & unfamiliar) that may present in relation with this Agreement. The terms & conditions of this section shall continue to exist in the event of any termination/abolition of this Agreement.
- Waiver of Jury Trial
a. Both You & Armour Hosting hereby have consent to waive all relevant rights to a jury trial of any cause or claim of action linked to or arising out of this Agreement.
b. The extent of the waiver is intended to be all covering of any and/or all disagreements that may be filed in any court of law & that linked to the subject matter here, incorporating with no limitation, tort claims, contract claims, infringement of duty claims, & all other common law & statutory claims.
c. The waiver is irrevocable, which means that it may not be customised/modified either verbally or in writing, & the waiver shall be valid to any succeeding amendments, restitutions, or modifications to this Agreement. In the occurrence of litigation, this Agreement may be filed as written approval in a trial by court.
Governing Law; Jurisdiction : Any disagreement or claim arising out of or linking to this Agreement, the development of this Agreement or the violation of this Agreement, including any claim based upon occurring from an suspected tort, shall be ruled by the substantive laws of the State of California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any legal suit, action or proceedings regarding this agreement must be brought in a state or federal court located in Los Angeles, California.
ALL OF THE PARTIES HEREBY IRREVOCABLY & PERMANENTLY AUTHORIZE TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (& OF THE SUITABLE APPELLATE COURTS THERE FROM) IN ANY SUCH ACTION, SUIT OR COURT PROCEEDINGS & IRREVOCABLY/PERMANENTLY WAIVES, TO THE FULLEST EXTENT POSSIBLE/PERMITTED BY THE APPLICABLE AND/OR VALID LAW, ANY OBJECTION WHICH IT MAY NOW OR HENCE FORTH HAVE TO THE LAYING OF THE PLACE/VENUE OF ANY SUCH ACTION, SUIT OR COURT PROCEEDINGS IN ANY SUCH COURT OR THAT ANY SUCH ACTION, SUIT OR COURT PROCEEDINGS WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Disclosure to Law Enforcement: The AUP specifically forbids the usage of our service(s) for unlawful activities. Therefore, Subscriber agrees that the Armour Hosting may disclose or release any & all subscriber data or information including account history, assigned IP numbers, account usage, etc. to any law enforcement representative who makes a written request without further notification or assent to the Subscriber. Additionally Armour Hosting shall have the right to terminate provision of all service laid forth in this Agreement.
1. Service Rates: Subscriber recognizes that the nature of the services offered/provided & the initial rates & charges have been corresponded to Subscriber. Subscriber is sentient that the Company may prospectively alter the specified rates & charges regularly.
2. Payment: Provision of the services is dependent upon reception by the Company of payment of fixed charges. Successive payments are due on the 5th date of the month for that (succeeding) month’s service.
3. Payments & Fees: User accounts not paid by due date are subject to a late fee of US$7.95. Services will be suspended on those User accounts that reach 10 days past due date. Services suspended for non-payment is subject to a penalty of US$25 as reconnect charges. User accounts charges that are not collectable by Armour Hosting may be handed over to an outside collection agency for charges/fees collection purposes. If so, you agree to disburse the company a “Processing & Collection” fee of not less than US$30, nor more than US$100. If you wish to cancel or terminate your account, please follow the appropriate procedure to do it, as outlined hereunder.
4. Disputes & Refund: Every payment made to Armour Hosting is non-refundable. This covers any one time (usually at the opening of account) setup fees & succeeding charges despite of its being used or not. Any overcharge or invoice dispute must be communicated within 30 days of the issuance of bill/invoice.
5. Non-payment or Failure to Pay: Armour Hosting reserves the right to temporarily disconnect/deny the service or terminate this Agreement in case any Subscriber fails to pay outstanding charges/bill. Any such denial or termination will not relieve Subscriber of liability for the payment of all payable charges/bill, in addition to a reasonable interest and any late payment penalty/collection fees.
6. Account Cancellation: Any request for cancelling or terminating account(s) must be submitted in writing by generating a Cancellation Ticket in our ticketing system at the following address immediately:
7. Subscriber agrees to that the service/facilities given are of such a attribute/nature that service can be broken up for numerous reasons apart from the neglect of the company and that damages or losses resulting from any disruption of service are complicated to establish. Therefore, subscriber consents that the company shall not be legally responsible for any damages/losses, whatsoever, arising from such grounds outside the exclusive and direct control of the company. Subscriber additionally acknowledges that the company’s responsibility for its personal/individual negligence may not in any occasion exceeds a sum total of amount equivalent to charges/dues payable by subscriber for services/facilities during the period/duration the damages/losses occurred. In no event/condition shall the company be legally responsible for any particular or consequential loss, damages or injury.
8. New Domain Accounts: Any new webhosting account concerning new domains will be propagated/created and registered into our DNS servers/system in 5 to 7 business days. Owing to unexpected complications, on the other hand this procedure may occasionally necessitate up to 10 business days.
9. Transfer of Domains: Any new webhosting account(s) which lead to the transfer of a domain from another service provider to Armour Hosting will involve a minimum of Ten (10) days to be propagated and registered into our DNS servers/system. In various cases, such transfers may take up to Ninety (90) days. Due to the volatile and impulsive nature of the transfer process, no guarantees or warranties are made about the time period of a specific transfer. A handling fee will be levied by Armour Hosting from of the account holder. In case, the customer/account holder terminates the service through the transfer period/duration for any reason, whatsoever, all charges will be deducted and no refund or reversal will be made.
10. Support Boundaries: Armour Hosting offers 24×7 round the clock technical support and assistance to our subscribers (excluding some holidays and short duration company meetings during which we temporarily close our support centre.) We only provide our technical support and assistance to our area of expertise and services only. We don’t provide support and assistance beyong or other than that. Armour Hosting doesn’t offer technical support and assistance to/for YOUR customers.
You can also email us at [email protected] for any assistance. You may also find useful supporting information on our support page at:
We urge you to try there first. Finally, the Help files in the program/software you are using may have the solution or answer to your query, so please do check these useful resources prior to calling technical support.
a. SPAM and Unsolicited Commercial Email (UCE): Armour Hosting has zero tolerance for the practise of the sending of Unsolicited Commercial Email (UCE) or SPAM over our network/platform. This means that customers/Users of Armour hosting can’t use or facilitate/sanction others to use our network/platform to carry out UCE or SPAM. Customers/Users of Armour Hosting can’t host, or allow hosting of, sites or information, which is advertised/promoted by UCE or SPAM from other networks/platforms. Breaches of this policy bear severe penalties, including cancellation or termination of service(s).
a. IP Address Ownership: If Armour Hosting allocates Customer/User an Internet Protocol address (IP address) for Customer’s/User’s usage, the right to use that IP address shall rest only to Armour Hosing, and Customer/User shall have no right to use that IP address except for as allowed by Armour Hosting in its solitary discretion in association with the Service(s), throughout the term/duration of this Agreement. Armour Hosting shall uphold and control rights of all IP numbers and addresses that may be allocated to Customer(s) by Armour Hosting, and Armour Hosting uphold the right to alter or remove any and all such IP numbers and addresses, in its sole and utter discretion. Our allotment of IP addresses is limited by ARIN’s recent policies. These recent policies declare that use of IP addresses for IP based virtual hosts will not be allowed as validation for new IP addresses. What this implies to you is that you MUST use name-based hosting everywhere possible. We will regularly check IP address usage, and if we discover that Customers/Users are using IP addresses where name-based hosting possibly will be used, we will withdraw permission to use those IP addresses that possibly will be used with name-based hosting.
b. Bandwidth and Disk Usage: Customer concurs to that bandwidth and disk usage shall not surpass the number of megabytes (MB)/month for the Service(s) ordered by Customer/User on the Order Form (the “Agreed Usage”). Armour Hosting will watch Customer’s bandwidth and disk usage. Armour Hosting shall have the discretion to adopt counteractive action if Customer’s bandwidth or disk usage surpasses the Agreed Usage. Such counteractive action may consist of the consideration of additional charges, discontinuance or disconnection of any and all Services, or termination of this Agreement, which actions may be taken is in Armour Hosting’s solitary and absolute discretion, in which case, Customer/User shall not be eligible for a refund of any fees/charges paid in advance before to such action(s). In the incidence that a Customer/User surpasses the included/allowed allocation, Armour Hosting may, at its solitary and absolute discretion, collect a deposit, in a total sum of amount determined by Amour Hosting, against Customer’s/User’s credit card on file with Armour Hosting.
c. Network and System Security: Customers/Users are forbidden from breaching or attempting to breach the security of the Armour Hosting Network. Breaches of network or system security may consequence in civil or criminal liability. Armour Hosting will probe occurrences that may involve such breaches and may engage, and facilitate/assist with, law enforcement authorities in prosecuting Customers/Users who are mixed up in such breaches.
d. Virtual Private Servers (VPS); VPS sometimes also referred to as Virtual Dedicated Server: When generating a VPS account, we divide dedicated servers into sovereign areas, referred to as Containers. The Customer/User is liable for providing the software, firewalls, content, web files and Operating systems for the Customer’s/User’s container, irrespective of other containers on the server. Each container is allocated its own CPU power, disk space, bandwidth, and memory. This segregation of server space permits for independent server customization for which the Customer/User is liable.
Additionally, to the entire terms and conditions expressed in this Agreement, the following shall also be applicable to Armour Hosting VPS customers:
i. The Customer/User bears all liability for installation and maintenance of the Operating System (OS) used in the Customer’s/User’s container, in addition to any reinstalls and alterations.
ii. Customer/User bears all liability for their firewalls, VPS environment, viruses or other intrusions, protections from bugs, content applications and resources used.
iii. The Customer/User is entirely liable for all files held in their VPS whether the Customer/User had awareness of the files or not; and for reassuring that the container is used, operated and managed in fulfilment with this Agreement.
iv. Customer/User consents to take complete liability for installation, maintenance, storage, back-up, and other phases of its software, files, data and other content or items transmitted to or used in the container and the VPS account.
v. It is the liability of the Customer/User to make sure that their system is protected and secure from compromises at all time. If a container is discovered to be compromised or in breach of this Agreement, Armour Hosting has the right to suspend and/or terminate service(s) instantly.
e. Third-Party Software. If the Customer/User selects to install any 3rd party software, the following terms and conditions shall apply:
i. Customer/User ensures and warrants that they possess the right to utilize and install the 3rd party software.
ii. Customer/User has paid the valid licensing fees/charges for the 3rd party software, and the 3rd party software doesn’t and shall not breach/abuse the intellectual property rights of any other Customer/User, person or entity.
iii. Customer/User agrees to indemnify, defend and hold harmless Armour Hosting and its officers, employees and directors for, from and against any and/or all claims took against Armour Hosting and its officer, employees and directors by a 3rd party claiming the software violations:
§ the 3rd party’s rights; or
§ a 3rd party’s trademark, patent, copyright or other intellectual property right. Customer/User consent to that in such case, Customer/User shall pay all resulting damages, costs, expenses and reasonable attorneys’ fees/charges that a court awards and settlements sustained by Armour Hosting in association with any such claims.
12. Property Rights
a. Armour Hosting hereby grants to Customer/User a non-exclusive, non-transferable, limited, royalty-free license, exercisable entirely during the term/duration of this Agreement, to use Armour Hosting technology, services and products completely for the use of accessing and using the Service(s). User may not utilize Armour Hosting’s technology for any use other than accessing and using the Services, except for the rights specifically granted above, this Agreement doesn’t transfer from Armour Hosting to Customer/User any Armour Hosting technology, and all titles, rights and interests in and to any Armour Hosting technology shall retain solely with Armour Hosting. Consumer/User shall not, directly or indirectly, decompile, reverse engineer, disassemble or otherwise try to derive source code or other trade secrets from any of the Armour Hosting network/platform.
b. Armour Hosting have possession of all title, right and interest in and to the Services and Armour Hosting’s trademarks, trade names, inventions, copyrights, service marks, trade secrets, know-how, patents and other intellectual property rights associated to the function, design, marketing, sale , promotion and provision of the Services and the related software, hardware and systems (“Marks”). Nothing in this Agreement comprises a license to Consumer/User to use and/or resell the Marks.
13. Disclaimer of Warranty. Consumer/User consents to use all Services and/or any information attained through or from Armour Hosting, at Consumer’s/User’s own risk. Consumer/User recognizes and agrees that Armour Hosting exercises no control over, and admits no responsibility or legal liability for, the content of the information transitory through Armour Hosting’s network hubs, host computers and points of presence or the Internet.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS AVAILABLE, AS IS BASIS. NEITHER WE NOR ANY OF OUR PARENT, AFFILIATED OR SUBSIDIARY CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, SHAREHOLDERS, AGENTS, SUPPLIERS, ATTORNEYS, 3RDPARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A “RELATED PERSON”) MAKE ANY WARRANTIES OR GUARANTEES OF ANY SORT, EITHER EXPRESSED AND/OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES/GUARANTEES OF FITNESS OR MERCHANTABILITY FOR A SPECIFIC PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WE PROVIDE. NO ASSOCIATED PERSON PROVIDES ANY WARRANTIES OR GUARANTEES THAT THE SERVICES WILL NOT BE BROKEN UP OR ERROR FREE; NOR DO ANY OF THEM PROVIDE ANY WARRANTIES OR GUARANTEES AS TO THE CONSEQUENCES/OUTCOMES THAT MAY BE ATTAINED FROM THE UTILIZATION OF THE SERVICES OR AS TO THE PRECISION, RELIABILITY, CONSISTENCY OR CONTENT OF ANY SERVICES, INFORMATION OR MERCHANDISE HELD IN OR PROVIDED THROUGH THE SERVICES. WE ARE NOT LEGALLY RESPONSIBLE, AND EXPRESSLY DENY ANY LIABILITY/RESPONSIBILITY, FOR THE CONTENT OF ANY DATA TRANSMITTED EITHER TO OR FROM CONSUMER/USER OR STORED BY CONSUMER/USER OR ANY OF CONSUMER’S/USER’S USERS THROUGH THE SERVICES PROVIDED BY US. NO ORAL ADVICE/GUIDANCE OR WRITTEN INFORMATION GIVEN BY ANY ASSOCIATED PERSON WILL CREATE/PROVIDE A WARRANTY OR GUARANTY; NOR MAY YOU RELY/TRUST ON ANY SUCH INFORMATION OR ADVICE/GUIDANCE. THE TERMS AND CONDITIONS OF THIS SECTION SHALL SURVIVE BESIDE ANY TERMINATION OR CANCELLATION OF THIS AGREEMENT.
14. Limited Warranty.
a. Armour Hosting offers and warrants to Consumer/User that the Services will be provided:
- in a manner and mode consistent with industry standards plausibly applicable to the performance thereof;
- at least at the same level of service as provided by Armour Hosting generally to its other Consumers/Users for the same service(s); and
- in compliance in all respects with the applicable Service Descriptions.
Consumer/User will be believed to have agreed and accepted such Services unless Consumer/User notifies Armour Hosting, in writing, within fifteen (15) days following emergence of any Services of any infringement of the abovementioned warranties. Consumer’s/User’s only and exclusive remedy and Armour Hosting’s sole responsibility, for violation of the abovementioned warranties shall be for Armour Hosting, at its choice, to re-perform/re-provide the defective/flawed Services at no cost to Consumer/User, or, in the occurrence of disruption to the Services caused by a violation of the abovementioned warranties, issue Consumer/User a credit in atotal sum of amount equivalent to the current/in progress monthly service fees/charges on pro-rata basis by the number of hours wherein the Services have been interrupted/broken up. Armour Hosting may make provision of the Services from either of its data centres and may frequently, as required, re-provision the Services from any of the different data centres.
b. The abovementioned warranties shall not be valid to performance issues, defects and/or shortcomings in the Services:
- originated by factors/reasons outside of Armour Hosting’s reasonable and logical control;
- that originated and resulted from any activities or actions of Consumer/User or any 3rd parties; or
- that resulted from Consumers/User’s equipment, software and/or any 3rd party software and/or equipment not within the entire and sole control of Armour hosting.
EXCEPT FOR AS EXPRESSLY PROVIDED IN THIS SECTION, WE MAKE OR FACILITATE NO REPRESENTATIONS OR WARRANTIES/GUARANTIEES OF ANY SORT, EXPRESS OR IMPLIED, WITH REFERENCE TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITH NO LIMITATION, ANY WARRANTY/GUARANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF 3RD PARTY RIGHTS, AND ARMOUR HOSTING HEREBY EXPRESSLY AND EXPLICITLY DISCLAIM AND RENOUNCE THE SAME. WITH NO LIMITING THE ABOVEMENTIONED, ANY 3RD PARTY SERVICE OR PRODUCT PROVIDED TO CONSUMER/USER HEREUNDER IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER. WE DON’T WARRANT/GUARANTY THAT THE SERVICES WILL BE UNINTERRUPTED, CONTINUOUS, ERROR FREE, END-LESS OR COMPLETELY SECURE.
15. Notification of Violation:
a. Armour Hosting is under no obligation to observe at each Customer’s/User’s activities and actions to verify that if an infringement of the AUP has happened, nor do we take any legal responsibility through our AUP to police or supervise Internet-related activities and actions.
16. Suspension of Service or Cancellation: Armour Hosting reserves the right to suspend network/services access to any Customer/User if in the verdict of the Armour Hosting administrators, the Customer’s/User’s server is the target or source of the infringement of any of the terms and conditions of the AUP and/or for any other valid reason which Armour Hosting opts. If any inapt activity is noticed, all accounts of the Customer/User under consideration will be disabled until an enquiry is complete. Prior notice to the Customer/User is not guaranteed. In severe cases, law enforcement will be contacted about the activity. The Customer/User will not be credited/refunded for the time/duration the Customer’s/User’s equipment were suspended.
18. Indemnification: Armour Hosting wishes to emphasize that in agreeing to the Armour Hosting’s Acceptable Use Policy (AUP) and Terms of Service (ToS), Customer/User indemnifies Armour Hosting for any violation or breach of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that outcomes in loss to Armour Hosting or the passing of any losses, claim, damages, costs, liabilities, and expenses against Armour Hosting by any3rd party. It means that if Armour Hosting is sued due to a Customer’s/User’s or a customer of a Customer’s/User’s activity or action, the Customer/User shall compensate for any damages/losses awarded against Armour Hosting, together with all costs, expenditures and attorney’s fees/charges.
19. Miscellaneous Provisions:
a. Consumer/User must provide Armour Hosting with, and keep up to date, good contact information. E-mail, telephone and fax contacts are used, in that order of preference.
b. Armour Hosting bears no legal responsibility for any information or content entered by others on the Armour Hosting Network. Armour Hosting is not liable for the information or content of any other websites linked/associated to the Armour Hosting Network; website links are offered as an Internet navigation tools only. Armour Hosting denies any liability for any such improper usage and any legal responsibility to any person, party or entity for any other person, party or entity’s breach of this policy.
c. It is utterly prohibited/banned to host pornographic or adult content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material or content will be subject to instant cancellation without any refund.
20. User’s Responsibilities.
a. User/Consumer is exclusively liable for the quality, presentation and all other features of the User Content and the services or goods provided via the User Web site.
b. User will collaborate completely with Armour Hosting in relation with Armour Hosting’s provision of the Services. User must give correct, complete and authentic contact information and details in the Registration Form and update such information and details as essential from time to time so it remains correct, complete and authentic at all times; failure to accomplish so may result in suspension or cancellation of Services. User will immediately inform Armour Hosting of any change or modification in User’s electronic mail, mailing address, telephone or other contact information.
c. User takes full liability for providing end consumers/users with any compulsory explanation or disclosure of the different features of the User Web site and any services or goods described therein, as well as any rules, policies, terms or conditions of use.
d. As the Services allow Users to electronically spread or upload content or information directly to the User Web site; User shall be fully liable for uploading all content or information to the User Web site and modifying, supplementing and updating the User Web site, including all back-ups.
e. User is liable for preserving the secrecy of login and billing information and details. Armour Hosting is not responsible for any account conflicts that may arise between/among different parties holding account login information and details. Armour hosting is not legally responsible for any changes or modifications made to the account or any information and details that has been changed or modified by User, or any parties/entities authorized by User, to access the Control Panel.
f. User is liable for maintaining and/or updating contact and billing information with Armour Hosting/ Any changes or modifications to the User contact information and details must be made using the account Control Panel or by contacting our Support Team. User is liable to make sure that Armour Hosting is able to inform/alert the User for billing, technical or other issues and/or purposes believed essential by Armour Hosting to maintain the account.
21. Responsibility for Content: You, as Armour Hosting’s Customer/User, are solely and absolutely responsible/liable for the content or information stored on and served by your Armour Hosting server.
22. Government Regulations. Consumer/User may not transfer, export, re-export or make accessible, whether directly or indirectly, any regulated item, information or data to anybody outside the United States of America (or, if Consumer/User is outside of the United States of the America, to anybody outside of Consumer’s/User’s national jurisdiction) in relation with this Agreement without initially complying and fulfilling with all export control laws and regulations which may be imposed by the United States government and any other country or organization of nations within whose jurisdiction/control Consumer/User operates or does business.
23. Marketing: Consumer/User acknowledges and confirms that during the term/duration of this Agreement Armour Hosting may publicly/widely refer to Consumer/User, verbally, vocally and in writing, as a Consumer/User of Armour Hosting. Every other public/unrestricted reference to Consumer/User by Armour Hosting needs the written permission of User.
These terms and conditions are governed and administered by and shall be interpret in accordance with the laws of the State of California without giving consequence to any principles of conflicts of law. If any provision or section of these terms and conditions shall be unlawful, void, invalid or for any reason unenforceable, then that provision or section shall be reckoned severable from these terms & conditions and shall not affect/influence the validity, legality and enforceability of any remaining/other provisions or sections. These terms and conditions are effective until and unless terminated or cancelled by www.armourhosting.com