I. GENERAL CONDITIONS

1. FIFHOST General Terms of Use Agreement (“Agreement”) is entered into by and between FIFHOST ("FIFHOST") and You, and is made effective as of the date of your use of this Website ("Site") and / or the date of electronic acceptance. 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 (“Services”), and is in addition to FIFHOST Service Agreement, FIFHOST Privacy Policy and any other specific agreements, policies and terms and conditions that apply to the particular Products and Services.

2. Whether you are simply browsing, using this Site or purchasing Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and you agree to be bound by this Agreement, along with FIFHOST Service Agreement, FIFHOST Privacy Policy and any other specific, policies and terms and conditions that apply to the particular Services. FIFHOST General Terms of Use along with FIFHOST Service Agreement, FIFHOST Privacy Policy and all other specific policies and terms of conditions that apply to the particular Products and Services, represent the entire Agreement between you and FIFHOST. Any disputes that may occur shall be resolved within these Agreements.

3. The terms “We”, “Us” or “Our” shall refer to FIFHOST. The terms “You”, “Your”, “User” or “Customer and Client” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

4. Your use of this Site and the Services, including any content you submit, will comply with this Agreement along with FIFHOST Service Agreement, FIFHOST Privacy Policy and any other specific policies and terms and conditions that apply to the particular Products and Services.

5. FIFHOST may, in its sole, change or modify this Agreement at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site and the Services. FIFHOST also reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including but without limitation plans, terms, parameters of Services, prices and fees, at any time.

II. ELIGIBILITY and AUTHORITY
You acknowledge and agree that:

1. 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 at least eighteen (18) years of age and that you can form legally binding contracts under applicable law, and you are not a person barred from purchasing, receiving and using the Services found under the laws of any jurisdiction.

2. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

III. ACCOUNTS, TRANSFER OF DATA ABROAD.
You acknowledge and agree that:

1. Accounts. In order to access some of the features of this Site, purchase Products and Services and use the Services, you will have to create an Account. You represent and warrant to FIFHOST that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If FIFHOST has any reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, we reserve the right to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including but not limited to your customer number/login, password and Payment information. You must notify FIFHOST immediately of any breach of security or unauthorized use of your Account. FIFHOST will not be liable for any loss you incur due to any unauthorized use of your Account. You may be liable for any loss FIFHOST, or others incur caused by your Account use, whether caused by you, or by an authorized person.

2. Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Website and communicating electronically with us, you consent to such transfers.

IV. AVAILABILITY OF THE WEBSITE AND THE SERVICES. DATA BACKUP.
You acknowledge and agree that:

1. We attempt to provide this Site and the Services, twenty-four (24) hours a day, seven (7) days a week, (365) days a year. You acknowledge and agree that at times this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions, periodic maintenance, repairs or replacements, or causes beyond our reasonable control, or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on an uninterrupted basis, and that we assume no liability to you or any other party.

2. Our backup service is provided to you as a courtesy. FIFHOST is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on FIFHOST servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by FIFHOST. You agree that immediately following the end of the Service Period FIFHOST may permanently delete all your Content and Software in respect of the terminated Service without reference to you and without liability to you.

V. CONTENT USE.
You acknowledge and agree that:

1. User Content is all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to FIFHOST that you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use (in writing), from the copyright or other owner of the User Content, and that the User Content does not violate the rights of any third party.

2. Except for User Content, the content on this Site and the Services, including but not limited to the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features, trademarks, logos are owned by FIFHOST and are subject to copyright and/or trademark. The Content should not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed without FIFHOST`s written permission. This Agreement does not warrant ownership of any of these rights.

3. By posting or publishing User Content to this Site or through the Services, you authorize FIFHOST, all our Representatives, Business Partners and Resellers to use the intellectual property, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and the provided Services. You also grant each User of this Site right to access your User Content (with the exception of User Content that is stated as “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site. The above rights granted by you terminate within a commercially reasonable time after you remove or delete your User Content from this Site.

4. FIFHOST reserves the right (but undertakes no duty) to modify and decide whether any item of User Content is appropriate and /or complies with this Agreement, along with FIFHOST Service Agreement, FIFHOST Privacy Policy and any other specific policies and terms and conditions that apply to the particular Products and Services and all applicable local, state, national and international laws, rules and regulations.

5. FIFHOST may remove any item of User Content (whether posted to a website hosted by FIFHOST or posted to this Site) and/or terminate a User’s access to this Site or the Services and remove and destroy any data and files stored by you on its servers.

VI. ADDITIONAL RIGHTS
You acknowledge and agree that:

FIFHOST reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services, for any reason, including but not limited to the following:

1. To correct mistakes made by FIFHOST in offering or delivering any Services.

2. To assist with our fraud and abuse detection and prevention efforts.

3. To comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, requests of law enforcement, any dispute resolution process

4. To avoid any civil or criminal liability including, but not limited to, instances where you have sued or threatened to sue, FIFHOST, all our Representatives, Business Partners and Resellers.

5. FIFHOST reserves the right to terminate, without notice to you, any provided to you Services without compensation in cases including, but not limited to harassing or threatening FIFHOST, all our Representatives, Resellers and Business Partners.

VII. SPAM
You acknowledge and agree that:

FIFHOST does not tolerate the transmission of spam. Sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email, or any other form of spam sent to recipients as an advertisement or otherwise, send to recipients who have not "opted-in" to receive messages from the sender specifically. In such cases will re-direct, suspend, cancel, or terminate any hosting account.

VIII. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services and Products found at this Site may contain links to third-party websites that are not owned or controlled by FIFHOST. FIFHOST assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. By using this Site or the Services found at this Site, you release FIFHOST from all liability arising from your use of any third-party website.

IX. Children

This website is not directed towards children and we do not seek to collect any personal information from children. If we become aware that personal information from a child under the age of 13 has been collected, we will use all reasonable efforts to delete such information from our database.

X. DISCLAIMER OF WARRANTIES

1. THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS," AS AVAILABLE BASIS. FIFHOST MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR SERVICE GUARANTEES, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES.

a. FIFHOST FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY:

b. THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS.

c. THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

d. REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

e. THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

f. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BYFIFHOST, ALL OUR REPRESENTATIVES, BUSINESS PARTNERS AND RESELLERS WILL CREATE A WARRANTY OR GUARANTY. NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. WITHOUT ANY LIMITATION TO THE FOREGOING, FIFHOST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.

XI. LIMITATION OF LIABILITY
You acknowledge and agree that:

1. IN NO EVENT SHALL FIFHOST, ALL OUR REPRESENTATIVES, BUSINESS PARTNERS AND RESELLERS AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY THAT MAY RESULT FROM:

A. THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE.

B. THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED TO THIS SITE.

C. THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED TO THIS SITE.

D. PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE AND THIRD-PARTY CONDUCT OF ANY NATURE.

E. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN.

F. ANY INTERRUPTION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED TO THIS SITE.

G. ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED TO THIS SITE.

H. ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED” AND OBSCENE.

I. ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT FIFHOST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL FIFHOST TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.

3. 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 FOUND AT THIS SITE.

4. Independent Contractor

a. FIFHOST and the User (You and those represented by You) are independent contractors and nothing contained in this Agreement places FIFHOST 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.

IF YOU, OR ON BEHALF OF ONE OR MORE PERSONS YOU REPRESENT IN TERMS OF THE USE OF THIS SITE AND SERVICES DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST DISCONTINUE YOUR USE OF THIS SITE AND THE SERVICES ASSOCIATED WITH IT, AND, IF YOU ARE ALREADY A REGISTERED MEMBER AND ARE USING ANY OF FIFHOST SERVICES, YOU MUST CANCEL YOUR SERVICES AND AGREEMENTS WITH FIFHOST AND DISCONTINUE USING THIS SITE. ANY CONTINUATION BY YOU AND THOSE REPRESENTED BY YOU IN THE USE OF THIS SITE AND THE SERVICES ASSOCIATED WITH IT CONSTITUTES AN EXPRESS AFFIRMATION AND COMMITMENT TO BE LEGALLY BOUND BY AND TO COMPLY WITH ALL FIFHOST TERMS AND CONDITIONS STATED IN THIS AGREEMENT, FIFHOST SERVICE AGREEMENT, FIFHOST PRIVACY POLICY AND ANY OTHER AGREEMENT/S BETWEEN FIFHOST, YOU AND THOSE REPRESENTED BY YOU.

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