OVERVIEW
This Terms of Service Agreement (this “Agreement”) is entered into by and between FavoHost (“FavoHost“, “we”, “us”, or “our”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance.
The contracting entity is FavoHost, located in Wittenberge, Germany.
This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). It is in addition to any specific terms that apply to the particular Services you purchase.
Your use of this Site and your acceptance of this Agreement signifies that you have read, understand, and agree to be bound by this Agreement, along with our Privacy Policy, which is incorporated herein by reference.
The terms “you”, “your”, “User”, or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
FavoHost may, in its sole discretion, change or modify this Agreement at any time, and such changes shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes constitutes your acceptance of this Agreement as last revised. It is your responsibility to keep your account information current, including your email address.
ELIGIBILITY; AUTHORITY
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
If you are entering into this Agreement on behalf of a corporate entity, you represent that you have the legal authority to bind such entity to the terms and conditions contained in this Agreement. If FavoHost finds that you do not have the legal authority to bind such entity, you will be personally responsible for the obligations contained in this Agreement.
ACCOUNTS
To access some features or use some Services, you must create an Account. You warrant that all information you submit when you create your Account is accurate, current, and complete, and that you will keep it so. FavoHost reserves the right to suspend or terminate your Account if we have reason to believe your information is inaccurate or incomplete.
You are solely responsible for the activity that occurs on your Account. You must keep your account information secure, including your login, password, and Payment Method(s). You must notify FavoHost immediately of any breach of security or unauthorized use of your Account.
If you are visiting this Site from a country other than the one in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating with us, you consent to such transfers.
AVAILABILITY OF WEBSITE/SERVICES
We shall use commercially reasonable efforts to provide this Site and the Services on a 24/7 basis. You acknowledge that from time to time the Site may be inaccessible or inoperable for any reason, including equipment malfunctions, periodic maintenance, or causes beyond our reasonable control. You agree that we have no control over the availability of the Site on a continuous basis and assume no liability to you or any other party with regard thereto.
GENERAL RULES OF CONDUCT
You acknowledge and agree that:
Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
You will not collect or harvest any User Content or any non-public or personally identifiable information about another User without their express prior written consent.
You will not use this Site or the Services in a manner that is illegal, promotes illegal activity, infringes on the intellectual property rights of others, or interferes with the operation of this Site or its Services.
You will not copy or distribute any part of this Site or the Services without express authorization from FavoHost.
You agree to back-up all of your User Content. FavoHost does not warrant that it backs up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
You will not re-sell or provide the Services for a commercial purpose without FavoHost’s express prior written consent.
INTELLECTUAL PROPERTY
Except for User Content, all content on this Site and the Services, including text, software, graphics, logos, and other materials (“FavoHost Content”), are owned by or licensed to FavoHost and are subject to copyright, trademark, and other intellectual property protection under German and foreign laws.
You shall own all intellectual property pertaining to your User Content. By posting User Content to this Site or through the Services, you grant FavoHost a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute your User Content as necessary to provide the Services contemplated by this Agreement.
FEES AND PAYMENTS
You agree to pay any and all prices and fees due for Services at the time you order them. All prices and fees are non-refundable unless otherwise expressly noted in our Refund Policy. FavoHost reserves the right to change its prices and fees at any time.
To ensure you do not experience an interruption or loss of Services, most Services offer an automatic renewal option. Unless you disable automatic renewal, FavoHost will automatically renew the applicable Service when it is up for renewal and will take payment from the Payment Method on file. It is your sole responsibility to manage your Account settings, including renewal options and payment methods.
DISCLAIMER OF WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. FAVOHOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FAVOHOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES.
INDEMNITY
You agree to protect, defend, indemnify and hold harmless FavoHost from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature arising from (i) your use of and access to this Site or the Services; (ii) your violation of any provision of this Agreement; and/or (iii) your violation of any third-party right, including any intellectual property right.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Germany. You agree that any legal action or proceeding relating to this Agreement shall be brought exclusively in the competent courts located in the state of Brandenburg, Germany.
CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email at the following address:
FavoHost
Email: support@favohost.com