Terms and conditions
This document was last updated on August 12, 2021.
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the americafirsthosting.com services (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and this Website operator (“Operator”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Accounts
You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over our technical staff will try to fix the problem. We hold to right to cancel accounts for continuous server problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
Suspension of Services/Termination
Customer agrees that America First Hosting may suspend services to the customer without notice and without liability if: (i) America First Hosting reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) America First Hosting reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay America First Hosting a reasonable reinstatement fee if service is suspended by America First Hosting under this subsection.
The Agreement may be terminated by the customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if America First Hosting fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by America First Hosting prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if the customer is overdue on the payment of any amount due under the Agreement; (ii) The customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from America First Hosting describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy, we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Payments
Renewal notices will be emailed one week before the actual renew date in your account. If you use a credit card and have set up automatic payments, you do not have to worry about manual payments. All accounts are set up on a pre-pay basis. If payment is not received within 7 days a $5 fee will be added. America First Hosting reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify America First Hosting to request for termination of services. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand. There is no fee for cancelled accounts that have been paid for yearly. If you cancel your account on the monthly billing cycle, America First Hosting will not refund any payments made before cancellation.
Your annual plan can end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of America First Hosting is strictly prohibited.
America First Hosting will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
America Hosting has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by America First Hosting to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Disk Space Abuse
America First Hosting will be the sole arbiter as to what constitutes a violation of this provision. The customer is responsible for monitoring their disk space usage. If extra disk spaceis needed, please contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your America First Hosting client account.
Bandwidth Abuse
The intention of America First Hosting is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. America First Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Acceptable Usage Policy
Customers agree to use our services under the Acceptable Usage Policy which is hereby incorporated with this agreement. Customers agree that America First Hosting has the right to change their Acceptable Usage Policy (AUP) at any time to meet web hosting standards and laws. The customer agrees to cooperate with America First Hosting with reasonable investigation of any suspected violation of the AUP. In the event of a dispute between America First Hosting and the customer regarding the interpretation of the AUP, America First Hosting commercially reasonable interpretation of the AUP shall govern.
Customer Information
Customer represents and warrants to America First Hosting that the information they have provided and will provide to America First Hosting for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to America First Hosting that they are at least 18 years of age. America First Hosting may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
Request For Customer Information
The customer agrees that America First Hosting may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that America First Hosting believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Unsolicited Email & Spamming
Unsolicited commercial advertisements (“SPAM”) are not allowed in e-mail, and will likely result in account cancelation. America First Hosting takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE – If YOU use the services of another provider to promote a website hosted by or through America First Hosting (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.95% UPTIME GUARANTEE
COVERAGE – This 99.95% uptime guarantee applies to any Customer in good financial standing with America First Hosting at the time of a service outage.
SERVICE LEVEL AGREEMENT (“SLA”) & SPECIFICATIONS – America First Hosting endeavors to have the content of your website available for http access by any party in the world 99.95% of the time. Network downtime (“unavailability”) is defined as 100% packet loss from Crown Hosting to its backbone providers. Downtime is measured past 15 minutes after notification of network failure via Crown Hosting’s online ticketing system.
America First Hosting’s administrators will determine the end of the downtime by a traceroute to your machine from outside the America First Hosting network.
Credit shall not be provided to you in the event that you have any outage resulting from:
Scheduled maintenance as posted from time to time at America First Hosting,
– your behaviour or the performance or failure of your equipment, facilities or applications.
Circumstances beyond America First Hosting’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site.
The customer breaking any agreement policy in America First Hosting’s “Terms & Conditions and AUP” causing a machine to fail as a result.
Technical Support Boundaries
America First Hosting provides technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
We do our best to help with scripts, templates and programing languages. However, under no circumstances is America First Hosting obligated to help you in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by you previously.
CGI Scripts
Each shared web hosting account comes with its own CGI-BIN. You are free to use any CGI scripts you wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice
Lawful Purpose
America First Hosting reserves the right to refuse service to anyone. The customer may only use America First Hosting servers for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3”. The designation of any materials as such described above is left entirely to the discretion of America First Hosting management.
If illegal content or usage is found, the account will be suspended and/or terminated. The customer agrees that America First Hosting may disclose any and all your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, the customer agrees that for purposes of venue this contract is entered in Pennsylvania, and any dispute will be litigated or arbitrated in Pennsylvania. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Pennsylvania courts. IN NO EVENT SHALL America First Hosting’S MAXIMUM LIABILITY EXCEED ONE HUNDRED ($100.00) DOLLARS.
30 Day Money Back Guarantee
You are entitled to claim our 30 day-money back guarantee providing you meet the following requirements:
*You must claim during the first 30 days of using our services.
*Your are subject to our terms of service and acceptable usage policy.
*Our special promotions are excluded from our 30-day money back guarantee.
If a domain name was included as part of the plan the value of this domain name will not be refundable. You will be compensated for the rest of the hosting plan.
Domain Name Registration
The customer agrees to pay America First Hosting prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the America First Hosting price schedule for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. America First Hosting reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. The requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed your registration in an email from America First Hosting to the email address indicated in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by America First Hosting) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to America First Hosting as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. America First Hosting will reinstate your domain name registration solely at America First Hosting’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfering Domain Registrar to America First Hosting
The customer agrees to pay America First Hosting prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the America First Hosting price schedule for the initial transfer request of the domain name. The customer agrees and acknowledges that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
*No response from the Registered Name Holder or Administrative Contact.
*Domain name in Registrar Lock Status.
*Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
America First Hosting reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. The requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed your registration in an email from America First Hosting to the email address indicated in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by America First Hosting) in connection with the payments of the registration fee for your domain name registration, the customer agrees and acknowledges that the domain name registration shall be transferred to America First Hosting as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. America First Hosting will reinstate your domain name registration solely at America First Hosting discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer Domain Away from America First Hosting
America First Hosting reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
*No response from the Registered Name Holder or Administrative Contact
*Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
*Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
The customer agrees and acknowledges that the failure or success of a domain name transfer will be his/her sole responsibility, and America First Hosting will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
User Content
We do not own any data, information or material (collectively, “Content”) that you submit on Your Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Backups
We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Links To Other Resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
Cancellation of Services
America First Hosting reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by America First Hosting if we institute our right of cancellation. Any violation of policies which results in extra costs will billed to the customer.
Promotional Rates & Special Offers
America First Hosting may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for your cusrrent services. Any such promotions or modifications shall not effect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first month’s payment. As a result of this, our promotions are not refundable and are not covered by our 30-day money back guarantee.
Intellectual Property Rights
Material accessible to you through America First Hosting’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, the customer must not use America First Hosting or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the America First Hosting network. If you use a domain name in connection with America First Hosting or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security
Customers may not use the America First Hosting network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. The customer may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. America First Hosting will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Electronic Commerce
The customer will be solely responsible for the development, operation and maintenance of their online store and products along with all content and materials appearing online or your products, including without limitation:
(a) the accuracy and appropriateness of content and materials appearing within the store or related to your products,
(b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and
(c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. The customer will be solely responsible for the final calculation and application of shipping and sales tax. The customer will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
The customer is responsible for the security of any customer credit card numbers and related customer information you access as a result of conducting electronic commerce transactions through your website. the cusomter will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static & Dynamic Content Caching
The customer will:
(a) grant to America First Hosting a license to cache the entirety of your website, including content supplied by third parties, hosted by America First Hosting under this Agreement and
(b) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
IP Address Ownership
America First Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by America First Hosting. America First Hosting reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS America First Hosting AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH America First Hosting’S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY.
(3) COPYRIGHT INFRINGEMENT, AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM America First Hosting’S SERVER.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. 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 thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Pennsylvania, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Pennsylvania, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and Amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Changes To America First Hosting’s Network
Upgrades and other changes in America First Hosting’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. America First Hosting reserves the right to change its network in its commercially reasonable discretion, and America First Hosting shall not be liable for any resulting harm to Customer.
Acceptance Of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and 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 access or use the Website and Services.
Contacting Us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below: