Terms of Service
Last Updated: May 19, 2023
1. Overview
Between FandomHost, LLC (“FandomHost” or “us” or “our”) and you (the “User” or “you” or “your”), these Terms of Service (the “Agreement”) constitute a legal agreement. The main terms and conditions of your use of the FandomHost.com website and its associated products and services (collectively, the “Services”) are outlined in this agreement. You accept this Agreement by using the Services. You are not permitted to use or access the Services if you do not agree to be bound by the terms of this Agreement. PLEASE NOTE THAT YOUR RIGHTS MAY BE AFFECTED BY CLASS ACTION AND ARBITRATION PROVISIONS.
2. Supplementary Guidelines and Contracts
The accompanying policies, which form part of this Agreement and are incorporated by reference, also govern use of the Services. You also accept the following policies’ terms by using the Services.
Policy for Payment and Refunds
Acceptable Use Policy and Privacy Policy
Policy Against Spam
Agreement for Domain Registration
Certain Services may also be subject to additional conditions, which are referenced above as appropriate. For instance, the Domain Registration Agreement shall be incorporated herein and will also apply to you if you register a domain name with us.
3. Qualification for Accounts
You certify that you are at least eighteen (18) years old by registering for or using the Services. Users eighteen (18) years of age or older are the only ones for whom the Services are meant. It is forbidden and against this Agreement for anyone under the age of eighteen (18) to register, use, or access the Services.
When you use the Services on behalf of a company or other organization, you acknowledge and agree that you have the right to bind that organization or other party to this Agreement and to act on that party’s behalf with regard to any activities you take through the Services.
It is your duty to fill out the registration forms with true, accurate, current, and complete information. You should also use an email address that is distinct from the domain you are signing up under. The primary email address that we have on file will be used in the event of an abuse issue or if we need to get in touch with you. You are in charge of making sure that the contact details associated with your account, including any domain accounts, are up to date, accurate, and comprehensive at all times. FandomHost disclaims all liability for any interruption in the Services, including but not limited to expired domain registrations brought on by outdated contact information linked to the domain. You may update your contact details using the FandomHost Billing and Support System or send an email to our sales staff if you need your information verified or changed. Your account might be terminated if you provide any type of fake contact details. If you are purchasing a dedicated server or in some other situation, you can be asked to present official identity from the government, along with a possible credit card scan for validation. Your order might be rejected if you don’t give the necessary details.
You acknowledge that you will bear complete responsibility for all activities conducted using your account, including usage of it. Confidentiality of your password and any account security-related information is your responsibility. IP justification may apply to any dedicated IP order that is placed on top of those included in a hosting bundle. American Registry for Internet Numbers (ARIN) regulations may need changes to IP justification procedures in order to maintain compliance. Based on inadequate reason or existing IP use, we retain the right to reject any dedicated IP request.
4. Transfers
We will do all in our power to assist you with transferring your website to us, as will our Transfers Team. The courtesy service of transfers is offered for a maximum of ten cPanel accounts; further migrations can be arranged at our regular hourly administrative charge. A COMPLETE cPanel backup from your present host is required, and the size of the compressed account cannot be more than 1 GB. Our transfer policy may be discontinued or changed at any moment, with no prior notice.
Regarding the possibility, availability, or amount of time needed to finish an account transfer, we offer no promises. Since every hosting provider has a unique configuration, and since some hosting systems save data in proprietary or incompatible formats, migrating part or all account data may be very challenging, if not impossible. We might not always be able to help you move data from an outdated host. The free transfer service, where available, is valid for thirty (30) days after the date of your sign-up.
If you need an estimate for a transfer that happens after the thirty (30) day window, please get in touch with one of our Transfers department representatives. FandomHost will never be held responsible for any lost or deleted files or data that come from transferring files to or from FandomHost. In all cases, you are the only one who is in charge of backing up your data.
5. Content on FandomHost
As a whole, the “FandomHost Content”—designs, text, graphics, images, video, information, software, audio, and other files—as well as the software used to deliver the Services are all the exclusive property of FandomHost or FandomHost’s licensors, with the exception of User Content (as described below). Any modification, copying, distribution, framing, reproduction, republishing, downloading, scraping, displaying, posting, transmission, selling, or other exploitation of FandomHost Content for any reason, in whole or in part, is strictly prohibited, save as allowed by this Agreement. Any FandomHost Content may not be reverse engineered, decompiled, disassembled, or subjected to any other type of effort to get source code or other trade secrets. Your permission to use the Services and any FandomHost Content will immediately cease if you use FandomHost Content in any way that is not permitted by this express authorization. FandomHost and its licensors retain all usage rights not specifically granted in this Agreement.
6. User-Generated Content
There’s a chance you might be able to post, save, publish, show off, and share text, images, videos, and other types of content on or via the Services (“User Content”). Everything posted on any of your websites that are hosted through the Services, whether by you or by users (collectively, “User Websites”). All transactions or other activity carried out on or via User Websites, as well as any and all User Content, are entirely your responsibility. You guarantee and represent to FandomHost that, (i) you have all the necessary permissions to post or distribute the User Content, and (ii) your posting or distribution of the User Content does not violate or infringe upon the rights of any third party. This guarantee and representation is made possible by your activity on or through the Services.
Nevertheless, you are not permitted to store backups in the /home/ directory, comprising the Third Party, WHM, and cPanel apps. Every night, all websites undergo an automated backup at a third-party location. Block storage, which costs $29.95 per 150GB per month, is required if you want to perform your own backups. Any file that violates this policy may be removed by FandomHost at our sole discretion. Anyone found to have violated this policy may be suspended or terminated right away.
This agreement gives FandomHost the exclusive right to use, reproduce, publicly perform, publicly display, alter, translate, excerpt (in whole or in part), publish, and distribute User Content; and (ii) create archival or backup copies of User Content and User Websites, solely for the purpose of delivering the Services. With the exception of the rights specifically given above, FandomHost does not obtain any ownership, rights, or interests in the User Content; all of them belong to you.
FandomHost disclaims any liability with regard to User Content and any information that travels across FandomHost’s network hubs, points of presence, computers, or the Internet. User content is not monitored by FandomHost. Nevertheless, you understand and agree that if you break any of the terms of this Agreement, FandomHost may, but is not required to, immediately take any corrective action in FandomHost’s sole discretion, including, without limitation, removing all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund. By using this agreement, you acknowledge that FandomHost will not be held responsible for any remedial action it decides to take.
7. Items and Services Provided by Third Parties
Independent Contractors
FandomHost might provide a few goods and services from outside sources. These goods and services might be governed by the third-party provider’s terms and conditions. There may be other limits and limitations imposed by the third-party supplier on discounts, promotions, and exclusive deals. If you are working with a specific third-party supplier, you should get their confirmation on the conditions of any purchases and the usage of goods or services.
Regarding the caliber, accessibility, or timeliness of products or services offered by a third-party source, FandomHost makes no guarantees or promises and assumes no liability. All of your transactions with these third-party suppliers are done at your own risk. Regarding third-party suppliers, we make no guarantees on the completeness or accuracy of any material. In any transaction, FandomHost is not acting as your agent, trustee, representative, or fiduciary.
FandomHost as a Licensee or Reseller
Hardware, software, and other items from third parties that are utilized in conjunction with the Services may be sold by FandomHost as a reseller or licensed product (“Non-FandomHost Products”). If any modifications to the Services make any Non-FandomHost Products outdated, necessitate modification or alteration, or negatively impact the functionality of the Services in any other way, FandomHost shall not be held liable. FandomHost’s sales, licenses, or other interactions with non-FandomHost products will not be considered a violation of FandomHost’s responsibilities under this Agreement in the event of a malfunction or manufacturer’s defect. Regarding ownership, licensing, performance, or compliance of any Non-FandomHost Product, your only recourse is to the extent permitted by the Non-FandomHost Product’s maker. FandomHost grants you permission to use any Non-FandomHost Product solely in conjunction with your usage of the Services as allowed by this Agreement. It is forbidden for you to try to replicate, modify, decipher, or interfere with any Non-FandomHost Product, or to use it for purposes other than using it in conjunction with the Services. It is forbidden for you to violate any relevant laws, rules, or regulations by reselling, transferring, exporting, or re-exporting any Non-FandomHost Product or any technical data produced from it.
Websites Developed by Third Parties
The Services may include articles, photos, text, graphics, pictures, designs, sound, video, information, and other items that belong to or originate from third parties (“Third Party Content”). They may also contain links to other websites that are not owned or controlled by FandomHost (“Third Party Sites”). Anything accessible through the Services that is owned or controlled by a third party is not our responsibility. We do not examine, keep an eye on, or verify the correctness, suitability, or completeness of Third Party Sites or Third Party Content. You acknowledge and agree that our terms and policies are no longer applicable if you choose to access Third Party Sites, or to access or use any Third Party Content. Every website you access should have its terms and conditions reviewed by you, including the privacy and data collection policies of any applicable third parties.
8. Individuals, Organizations, and Nations Prohibited
Through the Office of Foreign Assets Control (“OFAC”), the U.S. Department of Treasury forbids U.S. companies from conducting any or all commercial activities with persons, organizations, or entities that are listed by OFAC as “Specially Designated Nationals” (“SDN”), as well as with certain sanctioned countries (each referred to as a “Sanctioned Country”). It is not permitted for you to register, join up, subscribe to, or use the Services if you are a resident of a Sanctioned Country or are identified as an SDN. FandomHost also does not register any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country, and does not permit the use of any of our Services in conjunction with any ccTLD unless expressly authorized separately.
9. Systems FandomHost and Account Security
No matter how the scripts or applications are installed, it is your job to make sure they are safe and that the permissions of the folders are set correctly. Most folders should have permissions set to 755, or as restrictive as feasible, wherever practicable. All acts made using an account are ultimately the responsibility of the user. Credentials like user names and passwords may have been compromised in this process. Using a strong password is required. In the event that you choose to use a weak password, your account can be suspended until you accept to change it. To stop people from using weak passwords, audits may be conducted. Before suspending your account, we will let you know if an audit reveals that your password is weak and provide you a window of time to update or reset it.
Only approved customer usage is permitted for the Services, including with any associated hardware, networks, and network devices. FandomHost is not required to monitor our systems, but it is permitted to do so in order to help prevent unwanted access, confirm operational security, survivability, and security protocols, and make sure that usage is authorized. Records, copies, inspections, and approved uses of information are all possible during monitoring. You agree to this kind of tracking by using the Services.
Any account that is discovered connecting to a network or system of a third party without that party’s consent may be suspended. Third parties must give their clear written authorization in order for you to access networks or systems that are not under your direct control. At our discretion, FandomHost may ask for proof of authorization before granting you access to a network or system belonging to a third party. If it is discovered that an account has been hacked, it may be deactivated or closed. We retain the right to keep your account blocked if, after FandomHost notifies you of an ongoing issue, you do not clean up your account. FandomHost could clear out your account at your request for an extra cost.
Without prior notice, FandomHost retains the right to move your account across data centers in order to abide by local laws, relevant data center regulations, or for technical or other reasons.
10. HIPAA Notice of Privacy. We don't comply with HIPAA.
Respecting the security and privacy of personal data, particularly sensitive medical information, is a federal and state legislation that you are completely responsible for adhering to. You understand that sensitive data, such as personal health or medical information regarding minors, may not be acceptable to store or control through the Services. You save information on the Services or send it through them, and FandomHost has no control over it. With regard to the federal Health Insurance Portability and Accountability Act (“HIPAA”), we expressly disclaim any guarantee or warranty to the contrary. The Services are specifically not intended for use by customers that need to securely store ‘protected health information’ as that term is defined by HIPAA. ‘Protected health information’ should not be stored or shared. Doing so is a major breach of this agreement and will result in the termination of your account immediately. We don’t sign ‘business associate agreements,’ and you acknowledge that FandomHost isn’t, in accordance with HIPAA, a business associate, subcontractor, or agency of yours. Contact contact@fandomhost.com with any concerns you may have regarding the security of your data.
11. Harmony with the Providers
In order for FandomHost to provide the Services, you agree to work with FandomHost in every way. You are entirely responsible for supplying any hardware or software required for you to utilize the Services. If any of our responsibilities under this Agreement depend on you fulfilling your commitments, FandomHost will not be held liable for any delays resulting from your inability to fulfill your obligations on time.
FandomHost uses hardware and software to deliver the Services; FandomHost may update these components at any time at our sole discretion. You are entirely responsible for making sure that any User Content and User Websites are compatible with these components.
All user content, including but not limited to user websites, must be regularly backed up by you. You accept the risk that any and all User Content may be lost, and FandomHost makes no guarantees that we will back up any User Content.
12. Payment and Billing Details Details of Invoicing and Payment
Several Accounts
Users cannot take advantage of “new customer” discounts by opening numerous accounts. Both accounts will be suspended for users who break this policy until all unpaid bills are paid. We have the right to terminate users who misuse our discount system without providing a refund.
In advance payment
You are in charge of making sure your payment details are current and that all bills are paid on schedule. You acknowledge that the Services will be paid for in advance of the time frame in which they are rendered. Payments will be applied to your billing account’s oldest outstanding invoice first, subject to any relevant laws, rules, and regulations.
The autorenewal
Except in the case of an emergency, you understand and agree that FandomHost will automatically renew your subscription using your credit card or other paying information on file in order to avoid any disruptions to your Services until and until you notify them of your want to cancel.
Levies
Any relevant sales, use, revenue, excise, or other taxes levied by any taxing authority are not included in the listed rates for the Services. FandomHost’s invoice will include any relevant taxes as an additional expense that you are responsible for paying. Unless otherwise specified, all costs are non-refundable after they are paid.
Inadequate Repayment
After the invoice due date, all invoices must be paid within four (4) days. The suspension or termination of Services may occur for any invoice that remains unpaid for longer than four (4) days. Until payment is paid, access to the account won’t be allowed again. If you don’t pay the fees as stated above, FandomHost has the right to suspend or cancel your account and recover any and all costs associated with the collection, including reasonable lawyers’ fees and any arbitration and litigation fees. If a client has an unpaid debt on their account, FandomHost will not authorize new orders or shipments for them.
Payments for Domains
Upon acquiring a domain, you are entirely responsible for informing FandomHost’s billing department by opening a support request from https://fandomhost.com/clientarea.php. FandomHost is not liable for failures to renew domains or to inform customers that a domain needs to be renewed; these notices are sent as a courtesy. A thirty-day notice is given for domain renewals to be invoiced and renewed.
Deceit
Any fraudulent or improper use of charge cards, credit cards, electronic checks, electronic money transfers, or any other payment method is prohibited under this Agreement. FandomHost has the right to report any fraudulent or abusive usage to credit reporting agencies, financial institutions, law enforcement, governmental bodies, and/or credit card providers, at its sole discretion.
Billing Conflicts
Any payment or charge that FandomHost processes can be contested within ninety (90) days. Get help from our billing department immediately if you have any queries about a charge that is on your account.
Refund policy
Only its hosting services are covered by FandomHost’s thirty (30) day money-back guarantee. You will get a refund of the hosting price less any setup fees if, within thirty (30) days after registering for the Services, you decide you are not happy with the hosting services, subject to the conditions outlined below. Only hosting service fees are covered by this money-back guarantee; administrative, custom software install, setup, and other expenses, as well as payments for any other extra services, are not covered.
13. Terminations and Compensation
Mode of Payment
If you pay using any of the following ways, there won’t be any refunds: checks, money orders, Western Union payments, bank wire transfers. Instead of receiving a refund if you choose to utilize any of these payment options, any appropriate credit will be added to your hosting account.
Refund policy
When you purchase and cancel an account with a thirty (30) day money-back guarantee within the first thirty (30) days of the term (the “Money-Back Guarantee Period”), you will receive a full refund of all basic hosting fees that you paid FandomHost for the initial term (the “Money-Back Guarantee Refund”); however, this money-back guarantee refund will only be granted to you if you comply with the terms and conditions of this section. You must submit your written request to the FandomHost Support Team (the “Refund Request”) within thirty (30) days of the termination or cancellation (“Notice Period”). You must submit written requests for these refunds to the FandomHost Support Team. Refunds will only be given for the basic hosting services; they will not cover any costs for other extra services, administrative costs, custom software install fees, or other setup expenses. Refund Policy If, during the Notice Period, you fail to submit the relevant Refund Request, no refunds will be accumulated and will not be reimbursed.
Qualifications for Refunds
Refunds are only available for newly opened accounts. Refunds will not be granted, for instance, if you had an account with us in the past, cancelled it, and then signed up again, or if you started another account with us. You forfeit your rights to a refund if this agreement is broken.
Products and Services That Aren't Refunded
Refunds are not available for domain names, dedicated servers, license fees, administrative costs, or install fees for customized software. Please be aware that FandomHost retains the exclusive authority to grant domain refunds, which will only be taken into account if the domain was purchased in addition to a hosting plan. The gTLD’s market value will be subtracted from any domain name reimbursements. Acquired ccTLDs cannot be refunded.
Procedure for Cancellations
By sending Written Notice to FandomHost using the supplied Cancellation Form, you may end or cancel the Services. When that happens, you will be required to pay any fees and charges that have accumulated before the cancellation takes effect. Additionally, unless the product or service has been in operation for less than 30 days under our 30-day money-back guarantee, you will not be eligible for a refund for any remaining service period.
We will notify you in writing (usually through email) that your account has been canceled as soon as we receive your cancellation form and have verified with you via email the essential information. For your reference and verification, a ticket/tracking number will appear in the subject line of your cancellation confirmation email. “Your request has been received” along with a tracking number ought to be sent to you automatically right away. FandomHost will conduct your cancellation as soon as it receives confirmation of your request.
Kindly get in touch with us right once if, after submitting your cancellation form, you do not receive an automated confirmation email or do not hear from us anything. It is necessary for us to (a) verify your identification, (b) get written confirmation that you are ready for all of your data and emails to be deleted, and (c) record the cancellation if you use the online form. With this procedure, we hope to lessen the possibility of errors and false or harmful requests. We also want to make sure you understand that, in the event that a cancellation request is approved, your data, emails, and account might be deleted completely.
The date of the account renewal will be the effective date of cancellations for shared accounts.
14. Domains
Thirty (30) days prior to the renewal date, domain renewals are invoiced and completed. It is your duty to provide FandomHost’s billing department with notice of any domain registration cancellation at least thirty (30) days in advance of the renewal date by creating a support ticket from https://fandomhost.com/clientarea.php. Following a domain renewal, there are no refunds. Each and every domain registration and renewal is final.
15. Currency Exchanges
For overseas payments, exchange rate swings are inevitable and constant. Every refund is handled in US dollars and will be calculated using the exchange rate that is in force on the refund date. This fluctuation applies to all returns, and FandomHost disclaims all liability for changes in exchange rates that occur between the time of payment and the refund.
16. End of Service
In the event that FandomHost determines in its sole discretion that your conduct could cause harm to FandomHost or others or result in liability for FandomHost or others, or if you fail to pay any fees owed, FandomHost may, in whole or in part, terminate your access to the Services without prior notice. In such case, you will be responsible for paying any fees and charges incurred before the termination takes effect, and FandomHost will not reimburse you for any money paid in advance of the termination. Furthermore, for the balance of the then-current period, FandomHost may charge you for all costs associated with the Services.
USER WEBSITES, USER CONTENT, AND OTHER DATA WILL BE DELETED UPON ANY REASONABLE TERMINATION OF THE SERVICES.
17. Use of CPU, Bandwidth, and Disk
Allowed CPU and Disk Utilization
The rules of this Agreement and the Acceptable Use Policy apply to all uses of FandomHost’s hosting space. Only user websites’ content, live email accounts, and web files are permitted to use shared hosting space. Shared hosting space cannot be used for remote storage of electronic files, email, or FTP hosts, or for storing media, emails, or other types of data. In the event that this Agreement or the Acceptable Use Policy are broken, FandomHost specifically retains the right to examine each shared account for excessive CPU, disk space, and other resource consumption. If any account is discovered to be in violation of FandomHost’s terms and conditions, FandomHost retains the right to immediately suspend or cancel access to the Services, impose extra fees, and remove or delete any User Content associated with such account.
VPS Administration Services
Please be aware that installing modules manually and using WHM/cPanel may result with the termination of your management agreement with us.
Utilization of Bandwidth
The amount of bandwidth allotted to shared servers is unlimited.
Assurance of Uptime
Should there be a physical outage on your shared server that does not meet the 99.9% uptime guarantee, you may be eligible for account credits, subject to our approval and judgment. Prearranged maintenance is not covered by this uptime guarantee. FandomHost has the last say over whether to approve any credit, and this decision may rely on the supporting documentation. The network bandwidth and transit availability of the monitor are only two of the many reasons why reports from third-party monitoring services cannot be used as justification. The operating system and Apache Web Server’s reported uptime, which may vary from the uptime provided by other specific services, is what is referred to as the server’s uptime. Please go to https://fandomhost.com/clientarea.php to open a support request and provide a rationale to our billing department. Uptime assurances are exclusive to reseller and shared solutions.
18. Modification of Price
FandomHost has the right to alter any time the costs, the quantity of the monthly payment, or any other charges. Before charging you for any changes in pricing, we shall provide you at least thirty (30) days’ notice. You bear the only obligation of routinely reviewing the billing data that FandomHost provides you via the user billing tool or other channels of communication, such as alerts that FandomHost posts or sends.
19. Discount Codes
Unless otherwise noted, discounts and promo codes are only valid for new users or first-time accounts and cannot be used to the cost of registering a domain. You are not allowed to register for the same domain again using a different voucher once you have already done so once. Our sales staff will examine any account that is shown to be in breach of these guidelines, and the relevant fees will be applied to the account. Abuse of coupons will not be accepted and might lead to your account being suspended or terminated. All discounts and coupons apply only to the initial purchase; they have no bearing on the price for renewals or recurrent purchases.
20. Restrictions on Liability
Regardless of whether FandomHost is aware of the possibility of such damages, in no case will it be liable to you or any third party for any indirect, consequential, exempt, incidental, special, or punitive damages. This includes any lost profits or lost data resulting from your use of the services, as well as any user content, user websites, or other materials accessed or downloaded through the services.
Regardless of the form of action, FandomHost’s liability to you or any party claiming through you for any reason whatsoever is limited to the amount paid by you to FandomHost for the services in the period of three months prior to the first action giving rise to liability, without regard to the contrary contained herein. ABOVE IS THE AGGREGATE LIMIT. This limit will not be increased in the event that several claim filers exist.
21. Compensation
In the event that a third party threatens, asserts, or files a lawsuit against any of the Indemnified Parties, you agree to indemnify, defend, and hold harmless FandomHost, our affiliates, and each of their officers, directors, employees, and agents (collectively, the “Indemnified Parties”) against and from every one of the claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, appropriate attorney’s fees) arising out of or relating to (i) your use of the Services; (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions at your discretion. If this Agreement is terminated, the provisions of this section will remain in effect.
22. Alternative Dispute Resolution
By utilizing the Services, you agree to submit to the American Arbitration Association’s (“AAA”) exclusive jurisdiction for any dispute pertaining to, arising out of, or associated with this Agreement. The arbitration will take place at the AAA site FandomHost has selected in Missouri, before a single arbiter of FandomHost’s choosing. Unless otherwise specified in this paragraph, payment of all filing, administrative, and arbitration fees shall be controlled by the regulations of the AAA. If you can show that the costs of arbitration will be higher than the costs of litigation, FandomHost will cover the amount that the arbitrator determines is required to keep the arbitration from being too expensive, including filing, administrative, and arbitrator fees. The arbitration process before the AAA will only be conducted individually; class action and claims submitted in a supposedly representative position on behalf of others will not be eligible for arbitration. This paragraph’s arbitration agreements are governed by the Federal Arbitration Act, not any state arbitration statute. The arbitrator’s rulings will all be final and legally binding. Each and every party must abide by the arbitrator’s decision, which is final. All claims between you and FandomHost are the only ones that the arbitrator may decide and issue written awards for. A written agreement from each party is required before any claims may be combined or merged. In any dispute involving someone who isn’t a listed party to the arbitration, no arbitration award or judgment will have any preclusive impact on questions or claims. In the event that you bring legal action or engage in any other type of process against FandomHost in contravention of this section, you consent to reimburse FandomHost for reasonable legal expenses and costs associated with our implementation of this clause.
23. Freelance Worker
Nothing in this Agreement establishes a partnership or joint venture between FandomHost and User; rather, FandomHost and User are independent contractors. It is not within the power of either party to enter into agreements or contracts on behalf of the other, nor to imply or explicitly claim such authority, nor to bind or oblige the other in any way.
24. Authority and Regulatory Law
Any disagreement pertaining to this Agreement, your use of our Services, or your access to them will be resolved via private arbitration in Kansas City, Missouri. The American Arbitration Association’s then-current Consumer Rules (“Rules”) will apply to arbitrations under this agreement. One (1) arbitrator chosen in accordance with the rules will conduct the arbitration in English; the arbitrator’s decision will be final, binding, and enforceable in any court with the appropriate jurisdiction. The expenses and fees associated with arbitration will be borne separately by each party. No arbitration under this Agreement may, to the maximum extent authorized by applicable law, be combined with another arbitration involving any other party subject to this Agreement, whether or not via class action proceedings. All appearances may be made by either party via phone or computer, when allowed by the Rules. You consent to the following: any claim or cause of action arising out of, linked to, or associated with the use of the Services or this Terms of Service must be brought within one (1) year of the emergence of the claim or cause of action, or it will be permanently barred, regardless of any statute or legislation to the contrary. Regardless of the aforementioned, any party may request equitable relief in a court of competent jurisdiction to safeguard its interests (including, but not limited to, injunctive relief), and only a court of competent jurisdiction may decide matters pertaining to intellectual property ownership or infringement—rather than arbitration. If the law forbids arbitration in the aforementioned issue or if this arbitration agreement is void, you consent to the exclusive venue for actions and disputes to be filed.
Within thirty days of the day you signed this Agreement or paid for a membership, whichever came first, you may tell FandomHost that you wish to withdraw your consent from this dispute resolution clause. You have to write FandomHost to do this. When indicating that you do not want FandomHost to arbitrate disputes on your behalf, you must give your contact information, account details, and a clear statement.
FandomHost and you agree that any legal processes to settle or litigate any disagreement, whether in court or through arbitration, will be handled individually, and that jury trials will be waived. You consent to forgoing the right to file a lawsuit as a general action for private attorneys, representative actions, class actions, or collective actions in relation to any disagreement.
25. Notice of Intent
Any losses your company may incur are not FandomHost’s responsibility. Regarding the Services, FandomHost offers no representations or guarantees of any kind. FandomHost disclaims all warranties, including those of merchantability and fitness for a specific purpose, and makes no allowances for data loss due to delays, failed deliveries, incorrect deliveries, or any other disruptions in service that FandomHost or its employees may cause.
26. Losses and Backups of Data
You bear all risk when using the Services. Every night, FandomHost’s backup service overwrites any of our earlier backups. Backups are stored for no more than one night at a time. This service is solely offered as a courtesy to shared and reseller accounts, and FandomHost has the right to change or discontinue it at any moment. VPS without backups Nightly backups WILL NOT include accounts bigger than 20GB or 100,000 inodes. FandomHost is not liable for any files or data that are stored on your account. You consent to assume full liability for any transferred files and data and to keep up with all necessary backups of files and data kept on FandomHost’s servers.
27. Constrained Guarantee
The services are rendered “as is” and “as available basis” under the terms of this agreement. Except insofar as this section expressly states otherwise, FandomHost and all of its affiliates, employees, agents, suppliers, and licensees disclaim all warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement with regard to the services rendered herein. Neither FandomHost nor any of our affiliates, employees, agents, suppliers, or licensees make any representations or warranties regarding: (I) the uninterrupted, error-free, or completely secure nature of the services; (II) the outcomes that may be obtained from using the services; or (III) the accuracy, dependability, or content of any information provided through the services. FandomHost hereby disclaims all liability for any content transferred to or from users or stored by users on or via the services. We are not liable for any content of any of these parties. Neither are our affiliates, employees, agents, suppliers, or licensees. Should this agreement terminate, the terms of this section will remain in effect.
28. Reporting to the Authorities
At the legitimate request of law enforcement authorities, FandomHost may, without additional notice or consent, release all User information to them for the reasons of an investigation, request, or other objectives. We provide complete cooperation to law police. Additionally, in accordance with our privacy policy, your information could be shared.
29. The Complete Contract
Regarding the subject matter of this agreement, all previous discussions, negotiations, and agreements between the parties are superseded, and this agreement is the only and complete agreement between the parties regarding the matters covered herein. This includes everything that is incorporated herein by reference.
30. Headings
This Agreement does not include the headers that are included here for convenience purposes.
31. Modifications to the Services or Agreement
A component of this Agreement may be added, changed, or removed at any time by FandomHost. We shall notify you via notice placed on the FandomHost website for a minimum of thirty (30) days following the posting of any material modifications to this Agreement. The most recent revision date will be noted at the bottom of this Agreement. Unless stated differently, any changes to this Agreement take effect when they are posted. By using the Services after the date on which such modification goes into effect, you accept any changes made to this Agreement.
Any portion of the Services may be altered, changed, or discontinued at any time by FandomHost.
32. Fatality
The remaining terms and sections of this Agreement (unless otherwise noted) shall continue in full force and effect in the event that any clause or portion of any provision is determined by a court of appropriate jurisdiction to be unlawful, void, or unenforceable.
33. Revocation
It shall not be deemed a waiver of any right or remedy under this agreement if you or FandomHost do not exercise it at any point, nor will the exercise of any one or more of these rights or remedies bar the exercise of any other or additional rights or remedies. Any party to this agreement may not waive or consent to any subsequent breach of this agreement or any other term or condition by explicit consent. This is because any such waiver or consent must relate to the specific breach or default in question.
34. Assigning, Subordinates
This Agreement, together with any rights and responsibilities under it, cannot be assigned or transferred by you without FandomHost’s prior written agreement. Any assignment effort that violates this agreement will be deemed invalid and have no legal or practical significance. Without user authorization, FandomHost may assign its rights and responsibilities under this agreement and may use agents or subcontractors to carry out our obligations and enforce our rights. The parties hereto, as well as each other’s successors and authorized assignee, shall be bound by and benefit from this agreement.
35. Inherent Malfunction
As long as the default or delay is caused, directly or indirectly, by events outside of the reasonable control of the party making the agreement, neither party will be held responsible for any default or delay in performing any of its obligations under this agreement (apart from failure to make payments when they are due). Examples of such events include fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, supply shortages, transportation or communications disruptions, or failure on the part of any third party to fulfill any commitment regarding the production or delivery of any equipment or material that the other party needs to fulfill its obligations under this agreement.
36. Notifications via Technological
Whether you utilize the Platform, send FandomHost emails, or FandomHost posts messages on the Platform or communicates with you via email or mobile notifications, all of these interactions take place electronically. With respect to this contract, you (1) agree that FandomHost may communicate with you electronically; and (2) acknowledge that all terms, conditions, agreements, notices, disclosures, and other communications that FandomHost sends you electronically satisfy any legal requirements that such communications would satisfy in writing. Your legal rights remain unaffected by the above.
37. Beneficiaries of Third Parties
This Agreement is intended only for the parties hereto, their respective successors, and allowed assigns. Nothing else is intended or should be interpreted as conferring any rights onto any person, save as specifically specified in this agreement. In light of the aforementioned, user acknowledges and agrees that any supplier of a third-party good or service that is named as a third-party beneficiary in the service description is, as far as specifically pertaining to its products or services, an intended third-party beneficiary of the provisions set forth in this Agreement and will be entitled to enforce directly against user the terms and conditions of this Agreement with respect to those goods or services, just as if it were a party to this Agreement.
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