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Table of Contents
Terms Of Service
General – Terms of Service (TOS)
The terms and conditions of your use of hosting and related services are outlined in this Agreement, referred to as “These Terms of Service”. When using our services, you, as the user, are referred to as “You” or ““Your”. On the other hand, “We”, “us”, and “our” refer to ISHost, Inc., including its subsidiaries and sister companies known as “DirectCyberTech”. This Agreement clarifies both our obligations to you and your obligations to us regarding the various services and products offered by ISHost. By using your account or allowing someone else to use it for purchasing additional services or cancelling existing ones, you are indicating your acceptance of the terms and conditions stated in this Agreement.
These Web Hosting Terms of Service, when combined with their corresponding Acceptable Use Policy (AUP), establish the Customer Service Agreement.
1. Agreement Modification:
ISHost reserves the right to modify this Agreement and the Services it provides to you. You are obligated to comply with any reasonable changes made by ISHost to this Agreement. If you have purchased Services from ISHost, this Agreement will remain in effect as long as you continue to use and benefit from the Services. By continuing to use the Services after any revisions to this Agreement or changes in services, you are agreeing to abide by and be bound by such revisions or changes.
2. Maintaining Accurate Information:
You are responsible for ensuring that the information you provide to ISHost remains accurate and up to date while using the Services. If there are any changes to the information you provided during the application and/or registration process, you must notify ISHost within five (5) business days. Failure to respond to any inquiries from ISHost within this timeframe regarding the validity of your information will be considered a significant violation of this Agreement. If you provide inaccurate, outdated, false, misleading, or incomplete information, or if ISHost has reasonable grounds to suspect the inaccuracy, outdatedness, falseness, misleading nature, or incompleteness of your information, ISHost has the sole discretion to terminate its Services and close your account.
4. Accepted Use Policy
The Accepted Use Policy (AUP) of ISHost applies to all Services and must be followed. It is important to use the Services for lawful purposes only. You are obligated to ensure that your website fully complies with the terms and conditions stated in the AUP. By utilizing any of the Services, you are agreeing to:
1) Respect and adhere to the laws, regulations, ordinances, and other requirements set by applicable Federal, State, or local governments.
2) Refrain from sending any unsolicited commercial or bulk emails, as well as participating in any activities that are known or considered to be spamming or Mail Bombing.
3) Users are prohibited from engaging in any illegal communication on Newsgroups, Mailing Lists, Chat Facilities, or any other Internet Forums. It is essential to adhere to this rule to maintain a safe and lawful online environment.
4) Unauthorized access to ISHost website, servers, your own hosting account, or the accounts of other customers is strictly forbidden. Users must not make any attempts to breach security measures or allow any such unauthorized access.
5) Users are strictly prohibited from allowing any remote code execution of malicious software through the hosting account provided by ISHost. This measure is in place to ensure the safety and integrity of the hosting environment.
6) Users must refrain from engaging in activities that may cause denial of service attacks, port scans, or any other invasive procedures against ISHost servers, facilities, or the servers and facilities of other network hosts or Internet users. Such actions pose a significant risk to the stability and security of the network.
7) It is strictly forbidden for users to forge the signature or any other identifying mark or code of any other person. Additionally, engaging in any activity with the intent to deceive others regarding the true identity of the user is strictly prohibited.
8) ISHost services must not be used to host any website, content, links, or advertisements that infringe upon the copyright, trademark, patent, trade secret, or any other proprietary rights of any third party. Furthermore, content that contains nudity, pornography, promotes hatred towards specific social, ethnic, religious, or other groups, contains viruses or other harmful software, or engages in illegal activities such as gambling, or violence is strictly prohibited.
9) Users are prohibited from uploading any material that is deemed unacceptable, including but not limited to IRC bots, warez, image or file storage services, mirror or banner-ad services, top sites, streaming platforms, Escrow services, High-Yield Interest Programs (HYIP) or any related sites, investment sites such as FOREX or E-Gold Exchange, bitcoin miners, sale of controlled substances without proper permits, Auto Surf sites, Bank Debentures or Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites that promote illegal activities. Additionally, the use of IP Scanners, Brute Force Programs, Mail Bombers, and Spam Scripts is strictly prohibited.
10) Customers are prohibited from engaging in or instigating actions that harm ISHost or other customers. These actions include, but are not limited to, activities that result in blacklisting any of our IPs in online spam databases or launching DDOS attacks on our servers. ISHost reserves the right to refuse service to anyone at our discretion. Any material deemed obscene or threatening by ISHost will be promptly removed from our servers, with or without prior notice, and may result in warnings, suspensions, or immediate account termination without refund. We have the sole authority to determine what constitutes a violation of our acceptable use policy and the appropriate severity of any corrective action. If a violation is found, ISHost will take corrective action and notify the customer. Our decision in such cases is final and cannot be changed. ISHost cannot be held liable for any loss or damage resulting from our measures against actions that harm us or any third party. We have the right to terminate any hosting account that has been suspended for more than 14 calendar days, unless the customer has resolved the initial suspension threat or violation. Upon termination, any backup copies of the hosting account will be permanently deleted, and no refund will be provided. ISHost will not be responsible for any loss or damages in such situations.
11) It is imperative to adhere to the regulations set forth by the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or any comparable legislation. Furthermore, it is strictly prohibited to endorse, support, or participate in the unauthorized sale or distribution of prescription medication without a valid prescription.
ISHost has the authority to conduct investigations into the utilization of its services to ensure compliance with its policies. This applies to all hosting packages and services provided by ISHost. Additionally, ISHost retains the right to eliminate any content that is deemed prohibited under the terms of our agreement or our Terms and Conditions. It is important to note that once content is removed, no backups will be retained. For a comprehensive understanding of the Accepted Use Policy for Virtual hosting accounts, VPS hosting accounts, and Dedicated Servers, we recommend referring to Our Acceptable Use Policy.
5. Storage and Security
You are responsible for the safety and protection of your server and all its content. This includes maintaining the confidentiality of your password and account information. It is important to note that any actions, omissions, or charges incurred with your account or password, as well as any content displayed, linked, transmitted, or stored on the server, are solely your responsibility. You must take measures to prevent any loss or damage to your server content, maintain independent backup copies, ensure the security and integrity of your content on ISHost servers, and keep your password confidential. Please be aware that ISHost services are not designed for data backup or archiving purposes, and using your account as an online storage space for archiving electronic files is strictly prohibited. Violation of this policy may result in termination of hosting services without prior notice. If your archives affect the overall server performance, we reserve the right to delete them, and ISHost will not be liable for any loss, damage, or destruction of your content. It is important to understand that ISHost services do not provide a PCI compliant environment, and therefore should not be used as such without additional compliance measures. Any use of ISHost products and/or services in violation of these terms is at your own risk, and ISHost will not be held liable.
Except as stated otherwise in this agreement, ISHost or its third party partners own all rights, titles, and interests in and to the following: (i) registered and unregistered trademarks, service marks, and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software; and (vi) all other intellectual property, proprietary rights, or other rights related to intangible property used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”). You agree not to claim any interest or ownership in any of these IP rights. It is acknowledged that no title to the IP rights is transferred to you, and you do not obtain any rights, express or implied, in the Services, except for the rights expressly granted in this Agreement. If you create any Derivative Work (a work based on one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgment, condensation, expansion, collection, compilation, or any other form in which such preexisting works may be recast, transformed, or adapted), that Derivative Work shall be owned by ISHost, and all rights, titles, and interests in each such Derivative Work shall automatically belong to ISHost. ISHost is not obligated to grant you any rights in any such Derivative Work.
7. Non-Exclusive Right To Utilize
If you have acquired and/or received consent to utilize software from ISHost, ISHost grants you a restricted, non-exclusive, non-transferable, and non-assignable right and capability to utilize the software for customary and ordinary purposes. You are permitted to use the software on any computer, excluding simultaneous usage on two or more computers. It is agreed that you shall not modify or alter the software. Additionally, you are not authorized to combine the software with any other software program, create derivative works based on the software, or integrate any plug-in or enhancement that relies on the software. Furthermore, you undertake not to reverse engineer, decompile, or attempt to uncover the source code. ISHost retains all rights to the software. The software and any authorized copies are the intellectual property of ISHost. The source code and its organization are the exclusive property of ISHost, and the software is protected by copyright law. Except as explicitly provided in this section, this Agreement does not grant you any rights in the software, and all rights are reserved by ISHost.
Any such software and services are provided to you “as is” without any express or implied warranties or conditions, including but not limited to the implied warranties or conditions of merchantability or fitness for a specific purpose.
8. Third-Party Software
ISHost offers various third-party software, such as cPanel, to facilitate account management. However, it is important to note that this software is provided on an “as is” basis and we cannot guarantee specific results from its use. ISHost does not assume responsibility for any malfunctions or issues with the functioning of such software.
When you use ISHost Services that include third-party software, you are agreeing to abide by the terms of service set by the respective third-party providers. It is essential that you use these services in accordance with their terms. Here are a few examples to illustrate your agreement to third-party software terms: If you order cPanel for your hosting services, your order signifies your explicit agreement with cPanel’s terms, and you authorize ISHost to agree to those terms on your behalf. You can find cPanel’s terms of service here. Similarly, if you purchase Microsoft Windows for a dedicated server and request ISHost’s assistance with its installation, your request implies your explicit agreement with Microsoft Windows’ terms of service, and you authorize ISHost to agree to those terms on your behalf. You can find Microsoft Windows’ terms of service here. Failure to comply with any third-party license may result in the immediate termination of your services by ISHost.
The addition and utilization of third-party software on your account is subject to compatibility with our servers and approval from ISHost. It is important to note that the use of any third-party software is done at your own risk. ISHost does not have control over the performance of third-party software and therefore cannot be held responsible for any issues that may arise. We do not provide any guarantees regarding the outcome or results of using such software. In the event of any damage, data loss, or other losses associated with your use of third-party software or products, ISHost will not be liable or responsible. Please be aware that ISHost reserves the right to terminate, suspend, cancel, or modify your access to third-party software at our sole discretion. It is your sole responsibility to ensure compliance with any licensing and fee requirements imposed by the software providers for the use of third-party software on your account, beyond the initial account setup.
9. Third-Party Content
If you choose to sell or resell advertising or web space to a third party, it is your responsibility to ensure the content of that advertising and the actions of the third party comply with the current policies and agreements of ISHost. ISHost reserves the right to reject any advertising or third-party content that is illegal, offensive, or violates our policies. Failure to comply with these guidelines may lead to the suspension or immediate termination of your account. It is your duty to monitor all service renewals and orders. If an error occurs, please notify ISHost immediately. ISHost shall not be held liable for any damages resulting from or related to any failure or delay in domain registration, transfer, or renewal.
10. Billing and Payment
The fees for the Services will be in accordance with ISHost’s current fee schedule, which is incorporated into this agreement. Payment for the fees will be due as specified in the fee schedule. For renewal periods after the Initial Term, the fees will be due immediately on the first day of the renewal period. If any amount remains unpaid after the due date, ISHost may impose a debt service charge of 1.5% of the overdue balance for each month or fraction thereof. Furthermore, if any amount remains unpaid on the date when services expire, ISHost may terminate this agreement, withhold or suspend Services. However, ISHost may, at its discretion, provide a grace period of seven (7) days for shared hosting packages and three (3) days for VPS and dedicated servers. Please note that there will be a $15.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees, and governmental charges related to the Services will be your responsibility.
If you have signed up for a monthly payment plan, your billing date will be determined based on the day of the month when you purchased the products or Services. If you have signed up for an annual (or longer) payment plan and have chosen the automatic renewal option, ISHost will automatically renew your Services and process payment according to the designated payment method at ISHost’s current rates.
Please be aware that if you improperly charge back for web hosting services provided, we may disable your ability to transfer any other ISHost services away from ISHost.
11. Termination & Cancellation Policy
The duration of your agreement with ISHost will be determined by the terms stated in your Order Form. The agreement will commence upon the initiation of the Services mentioned in the Order Form. Once the Initial Term is completed, your agreement with ISHost will automatically renew for subsequent terms of the same duration as the Initial Term, unless either party terminates or cancels it as outlined in this section.
There are several circumstances under which this agreement may be terminated: (i) You can terminate it by submitting a helpdesk ticket under the Billing Issues category at least three (3) working days before the account is due to renew; or (ii) ISHost can terminate it at any time, without prior notice, if it determines that you have violated any terms or conditions stated herein; or (iii) if ISHost, in its sole judgment, believes that your use of the Services places or is likely to place unreasonable demands on ISHost or could disrupt its business operations; or (iv) ISHost can terminate it if it determines that you have violated the terms and conditions of any other agreement you have entered into with either ISHost or ISHost.
In the event of termination or suspension of Services under the aforementioned circumstances, you agree that (a) no pre-paid fees will be refunded to you; and (b) ISHost may assume control of any domain name associated with the terminated Services, provided that the domain name was registered through ISHost’s domain name registration service.
If you decide to cancel your Shared Hosting Plan account within the first 30 days after signing up, you may be eligible for a refund. Please note that this refund policy only applies to first-time Shared Hosting Plan accounts. However, if you cancel your account after this specified time period, no refund will be given. It’s important to mention that refunds do not apply to dedicated IP addresses, SSL certificates, renewals, or any third-party products that are not included in the package and are purchased at an additional fee, as well as domain registration-related fees.
Similarly, if you cancel your Dedicated Clearance Server or Dedicated New Server account within the first 1 day after signing up, you may be eligible for a refund. However, this refund policy only applies to certain Dedicated Server accounts. If you cancel your account after this specified time period, no refund will be given. Just like with the Shared Hosting Plan, refunds do not apply to dedicated IP addresses, SSL certificates, renewals, or any third-party products that are not included in the package and are purchased at an additional fee, as well as domain registration-related fees.
In the event that this Agreement is terminated due to your default, you will be responsible for all termination costs, including any reasonable costs incurred by ISHost in closing your account. You agree to cover any and all costs associated with ISHost enforcing your compliance with this section. Upon termination, it is required that you destroy any copies of the materials provided to you and referenced in this Agreement. Furthermore, you acknowledge that upon termination or discontinuance for any reason, ISHost may delete all information related to you on the Services.
12. Customer Support
ISHost offers customer support to you without any additional charges for issues related to ISHost services. However, ISHost reserves the right to determine what qualifies as a service-related issue and may charge extra fees or refuse support for non-service related matters. Please note that any fees paid for non-service related support are non-refundable.
To request customer support, you can only do so by opening a Live Chat or Ticket through the HelpDesk system in the Customer area. ISHost will not be liable to provide customer support if it is requested through any other means besides the HelpDesk system. It is your responsibility to select the appropriate HelpDesk category when opening a Live Chat or posting a Ticket. ISHost will not be held liable for any delays or failure to respond to tickets opened in inappropriate categories. By seeking assistance from our customer support representatives, you acknowledge and authorize their intervention and operation in your account.
Please ensure that you provide ISHost with all the necessary information and access to facilities that may be reasonably required to provide the requested customer support.
You are fully responsible for creating and storing a backup of your data, files, and hosting account before seeking customer support and agreeing to any intervention or operation carried out by ISHost. If you are dissatisfied with the outcome of any action, it is your sole responsibility to restore the backup copies of your data. It is important to use the HelpDesk system responsibly and not abuse its features. Abuse includes excessive use of Live Chats and Tickets by a single customer, aggressive or harassing behavior, repeatedly using inappropriate categories for communication, and posting unnecessary Tickets. Any abuse of the HelpDesk system may result in a warning, restricted access to HelpDesk, suspension of your account, or even termination without refund. ISHost has the exclusive authority to determine what constitutes abuse of the HelpDesk system.
If you require server support for your VPS or Dedicated server with User-Responsible or Basic Server Management, ISHost reserves the right to decide whether to provide support based on a preliminary server check. If ISHost decides, at its sole discretion, to provide support, it will be subject to an additional cost as indicated on the New Servers Page Server Management Section.
To ensure server uptime commitments for VPS and Dedicated servers with Complete Management, ISHost may remove system logs and files in the Trash folder when the server reaches its disk space limit.
13. Legal Purposes
The utilization of web hosting and reseller hosting account, as well as any associated electronic services, is strictly limited to legal purposes in accordance with all applicable international, federal, provincial, and municipal laws. ISHost’s primary objective is to offer space for hosting web documents, not as a remote storage facility for electronic files. The terms and conditions outlined in the Acceptable Use Policy (AUP) govern the usage of these services. In the event of any violations of the AUP or other provisions stated in this Agreement, ISHost reserves the right to terminate the Services provided, with or without prior notice or opportunity to rectify the situation. The decision to grant a notice or cure period, if any, solely rests with ISHost and is determined based on the severity of the violation. Additionally, ISHost retains the right to decline Service if the content within your website or any links associated with it are deemed illegal, misleading, obscene, or in violation of ISHost’s AUP, as determined solely by ISHost. By agreeing to this Agreement, you acknowledge that ISHost shall not be held liable for any losses or damages that may arise from its decision to refuse hosting your website or providing the Services outlined in this Agreement.
14. Account Usage
By using our services, you agree to adhere to the commonly accepted rules of “Netiquette” when sending emails or posting on newsgroups. It is your responsibility to ensure the security of your password. We will not change passwords for any account without proper proof of identification, which may include written authorization with a signature. In the event of a partnership break-up, divorce, or any other legal issues involving you, please understand that we will remain neutral and may temporarily suspend your account until the situation is resolved. During this period of determining ownership or any other circumstances, we will not be held liable for any losses you may incur. Furthermore, you agree to defend, indemnify, and hold ISHost harmless from any claims arising from ownership disputes, with legal representation of our choosing. If you need to provide sensitive information to ISHost, please ensure that you use a secure communication channel and take all necessary precautions.
15. Currency Conversion
While all purchases are processed in US dollars, ISHost may provide an estimated conversion price for currencies other than US dollars. Please note that the pricing displayed during the checkout process is only an estimate. Due to potential time delays between the actual purchase and payment settlement, the actual price charged may fluctuate. Therefore, ISHost does not guarantee that the actual price will be the same or substantially similar to the estimated price, and you waive any claims based on any discrepancies between the two. Additionally, you may be charged VAT/GST based on the country indicated in your billing address. Any applicable charges will be clearly stated during the checkout process.
16. Limitation of Liability; Waiver and Release
The Services provided by ISHost are offered on an “AS IS” basis, and ISHost explicitly disclaims any and all warranties, whether express or implied, including but not limited to implied warranties of merchantability or fitness for a specific purpose and non-infringement, to the fullest extent permitted by law. ISHost does not guarantee that the Services will meet your requirements, function as intended, or be uninterrupted or error-free. You acknowledge and agree that any material or data downloaded or obtained through the use of the Services is done at your own risk, and you will be solely responsible for any damage to your computer system or loss of data resulting from such downloads. Any advice or information obtained from ISHost, whether oral or written, does not create any warranty unless expressly stated in this agreement. You agree that ISHost will not be held liable for any suspension or loss of Services, interruption of business, access delays or interruptions to the provided website(s), loss or liability resulting from acts of nature, data delivery issues, events beyond ISHost’s control, processing of your application, or loss or liability resulting from unauthorized use of your account identifier or password.
ISHost shall not be held liable for any direct, indirect, incidental, special, exemplary, or consequential damages, including but not limited to the procurement of substitute goods or services, loss of use, data, or profits, or business interruption. These damages may arise from the use of the Services, regardless of the theory of liability, whether in contract, strict liability, or tort, including negligence or any other cause. Even if ISHost is aware of or has been advised of the possibility of such damages, it shall not be held responsible.
Furthermore, you acknowledge and agree that any legal action related to ISHost or the Services provided by ISHost must be initiated within one (1) year from the time the cause of action arises. Failure to do so will result in the permanent barring of such legal action.
Additionally, you acknowledge and agree that ISHost’s total liability shall not exceed the total amount paid by you for the specific Services that are the subject of the cause of action.
These limitations shall be applicable to the fullest extent permitted by law and shall remain in effect even after the termination or expiration of these Terms of Service or your use of ISHost and its offered Services.
Please note that no provision of this Agreement shall be waived unless it is in writing and signed by an authorized representative of ISHost.
You, along with your heirs, personal representatives, predecessors, successors, and assigns, hereby release and discharge ISHost and its affiliates, as well as all officers, agents, employees, and representatives of ISHost, and their heirs, personal representatives, predecessors, successors, and assigns, from any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages, and liabilities of any kind and nature whatsoever. This includes any actions, omissions, misrepresentations, or other grounds of liability, whether in tort or contract, and the duties arising from them. These claims may be known or unknown, and they relate to or arise from the Services and your acquisition and use of them. This also includes the provision of ISHost products and/or services by ISHost and its agents and employees.
Furthermore, you are obligated to protect, reimburse, and absolve ISHost and its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from any financial loss, legal liability, damages, or expenses, including reasonable legal fees, resulting from (i) any violation of the representations or warranties stated in this Agreement, or as outlined in ISHost’s Acceptable Use Policy or any other referenced agreement; (ii) the Services or your utilization of the Services, including any infringement or dilution committed by you or another individual using the Services through your computer; (iii) any infringement upon intellectual property or other proprietary rights of any individual or entity; (iv) any information or data provided by you to ISHost, including any misrepresentation in your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you using the Services; (vi) any information, material, or services accessible on your ISHost Hosted website; or (vii) any negligence or intentional misconduct on your part, or any allegation that your account violates a third party’s copyright, trademark, proprietary or intellectual property rights, or misappropriates a third party’s trade secrets.
This provision for indemnification is in addition to any other indemnification obligations that may be required of you elsewhere. In the event that ISHost is informed of a pending lawsuit or receives notice of the filing of a lawsuit, ISHost may request a written confirmation from you regarding your responsibility to defend and indemnify ISHost. This written confirmation may involve the provision of performance bonds or other forms of guarantees. Failure to provide such confirmation may be considered a violation of this agreement. You acknowledge that ISHost has the right to participate in the defense of any claim through its chosen legal counsel. You agree to promptly notify ISHost in writing of any such claim and to allow ISHost to have control over the legal proceedings. Furthermore, you agree to fully cooperate with ISHost during these proceedings. The terms outlined in this section will remain in effect even after the termination or cancellation of this Agreement.
18. Trademark or Copyright Claims
ISHost, as a service provider, acknowledges and respects the intellectual property rights of others, including copyrights and trademarks. In the event that ISHost receives a valid notice of infringement, it may access, preserve, and disclose your information or data, including personally identifiable information and private communications, to third parties if it deems it necessary or useful to address the complaint.
ISHost retains the right to terminate an account or revoke access rights for repeated copyright infringement or even a single instance of infringement.
To provide proper notice of infringement, you must submit a written communication to ISHost’s designated agent, including the following information:
- The electronic or physical signature of the rights holder or their authorized representative.
2. Identification of the infringed work.
3. Identification of the material claimed to be infringing, along with enough information for ISHost to locate it (such as a URL).
4. Your name, address, telephone number, and email address.
5. A statement from you, expressing your good faith belief that the disputed use is not authorized by the rights holder, their agent, or the law.
Please ensure that your notice of infringement includes all the required information as stated above.
19. Reservation of Additional Rights
ISHost retains the exclusive right to refuse, cancel, terminate, suspend, restrict, or alter access to (or control of) any account or Services (including the ability to cancel or transfer any domain name registration) for any reason (as determined solely by ISHost), which may include but is not limited to the following: (i) rectifying errors made by ISHost in the provision or delivery of any Services (including domain name registrations); (ii) safeguarding the integrity and stability of any domain name registry and rectifying any errors made therein; (iii) aiding in the detection and prevention of fraud and abuse; (iv) complying with applicable local, state, national, and international laws, regulations, and rules; (v) complying with law enforcement requests, including subpoenas; (vi) adhering to any dispute resolution process; (vii) defending against any legal action or threatened legal action, regardless of its ultimate merit; or (viii) avoiding any civil or criminal liability on the part of ISHost, its officers, directors, employees, agents, and affiliates.
If ISHost needs to exercise any of the aforementioned rights to investigate a potential breach or violation of the terms and conditions outlined in this Agreement, service fees may continue to accrue on your accounts, and you will remain responsible for the payment of any service fees that accrue during the relevant period.
20. Jurisdiction and Governing Law for Disputes
With the exception of any dispute regarding the Services provided under this Agreement, which is subject to the UDRP or any similar policy, all rights, obligations, and actions contemplated by this Agreement shall be governed by the laws of the Republic of India (ISO: Bhārat Gaṇarājya) and the State of Kerala. You consent to bringing any action to enforce this agreement or any matter related to your use of the Services exclusively in the Republic of India (ISO: Bhārat Gaṇarājya) District Court of Kerala. In the event that there is no jurisdiction in such court, the action shall be brought in a state hight court in Ernakulam, State of Kerala.
You acknowledge that any notices required to be given under this Agreement by us to you will be considered as delivered if sent in accordance with the account and/or domain name Whois information you have provided. It is your responsibility to ensure that your contact information in the account and/or domain name Whois information remains up to date.
22. Age of Majority
You confirm that you are of legal age (18 years or older) to enter into this Agreement.
23. Final Agreement
This Agreement, along with all modifications, constitutes the comprehensive and exclusive agreement between you and us, superseding and governing all previous proposals, agreements, or other communications. You may not amend or modify this Agreement unless it is done through a written document signed by both you and an authorized representative of ours. By applying for ISHost’s services through the online application process or by any other means, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all the terms and conditions of this Agreement and the documents incorporated by reference.
24. No Agency Relationship
This Agreement does not establish any agency, partnership, or joint enterprise between the parties involved. Both parties are obligated to ensure that no one misrepresents this fact, whether explicitly, implicitly, through appearance, or in any other way.
If any provision of this Agreement is deemed unenforceable or invalid under applicable law or by a court decision, it will not render the entire Agreement unenforceable or invalid. We will modify or replace the provision with a valid and enforceable one that aligns with our original objectives and intent as stated in the original provision, to the best extent possible.
26. Assignment and Resale
Unless otherwise specified in this Agreement, your rights under this Agreement cannot be assigned or transferred. If your creditors attempt to gain an interest in your rights under this Agreement through attachment, levy, garnishment, or any other means, we have the option to void this Agreement. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any of the Services (or any part thereof) for commercial purposes without obtaining ISHost’s prior express written consent.
27. Force Majeure
Neither party shall be considered in breach of this agreement, nor shall it hold the other party accountable for any cessation, interruption, or delay in fulfilling its obligations hereunder due to circumstances beyond its control, including but not limited to: earthquakes, floods, fires, storms, natural disasters, acts of God, wars, terrorism, armed conflicts, labor strikes, lockouts, boycotts, supplier failures, shortages, breaches, or delays, or any government law, order, regulation, direction, action, or request, including those from federal, state, and local governments with jurisdiction over ISHost, or any department, agency, commission, bureau, corporation, or other entity of any government, civil or military authority. This provision also covers any other cause or circumstance, whether similar or dissimilar to the aforementioned, that is beyond the reasonable control of the affected party. However, the party relying on this section must (i) promptly provide written notice to the other party upon discovering the force majeure event, within a maximum of five (5) days, and (ii) take all necessary steps under the circumstances to minimize the impact of the force majeure event. Furthermore, if a force majeure event described in this section persists for a cumulative period exceeding thirty (30) days, ISHost reserves the right to terminate this agreement immediately.
28. Section Headings
The headings used in this agreement are solely for convenience purposes and do not define, limit, interpret, or describe the scope or extent of the respective sections, nor do they have any impact on the sections themselves.