Services We Provide
HostEase.com’s services include, but are not limited to:
1. Shared Web Hosting
2. Dedicated Web Hosting
3. Domain Name Registration
4. Customer Tailor Support
5. Web Site Design
6. Dedicated Customer Service
1. Acceptance of Terms of Service
The Agreement set forth the terms and conditions to govern your purchase and use of all service ordered by you and accepted by HostEase.com you must accept the Agreement to get HostEase.com’s service. Once you purchase our products or service, you acknowledge that you’ve read, understood and agree to this Agreement.
You, for yourself and for the company or other person(s) you represent ("Subscriber" or "Subscribers"), hereby accept and agree to be legally bound by these Terms as a precondition to use the services provided by HostEase.com. These Terms are made effective as of the date of electronic execution between the Subscriber and HostEase.com and its affiliates. By using the services, network and/or systems (collectively the “Services”), Subscriber agrees to be legally bound by all terms and conditions contained in these Terms, including usage policies and other policies herein. These Terms are also part of the individual service agreement of each Subscriber.
02. Personal Information.
Subscriber should be at least 18 years of age to participate in the Terms. If not, Subscriber must have parental consent in order to participate, and the account the subscriber provides must be opened and maintained by a parent or legal guardian, in their name. Subscribing parents and legal guardians each for herself or himself, as applicable, should accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with Subscriber’s use of any of the Services If Subscriber is a corporation, limited liability company, partnership, or other legal entity, the subscriber shall possess all legal authority and power to accept and be bound by these Terms. Further, Subscriber guarantees the accuracy and completeness of the personal information (such as the name, address, IP address, E-mail, telephone number) provided by Subscriber, and timely notifies HostEase.com when any of the information is changed. Subscriber should also guarantee that Subscriber is an authorized user of the account Subscriber supplies to HostEase.com. Subscriber agrees that HostEase.com reserves the right to cancel his/her account if HostEase.com becomes aware of any inaccuracy or falsity of the personal information (such as the name, address, IP address, E-mail, telephone number) provided by Subscriber.
HostEase.com is committed to provide the best possible service to each of its Subscribers. HostEase.com is also dedicated to keeping abreast of new and available technologies that will better serve the Subscribers. However due to ongoing technologies, changing laws and the needs of the Subscribers, HostEase.com reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice. Subscribers are responsible for viewing the most current version of these Terms regularly. By using the Services after changes, modifications, additions or deletions to these Terms are posted on HostEase.com website, Subscriber accepts all such changes, modifications, additions or deletions to these Terms. In the event a Subscriber does not agree to any such alternations to these Terms, the Subscriber’s sole and exclusive remedy is to cancel the Subscriber’s account.
04. Changes to these Terms.
HostEase.com reserves the right to change these terms at any time without prior notice. As a courtesy but not as an obligation, HostEase.com may provide subscriber with a notice of alternation of these Terms within its sole discretion.
05. Domain Registration.
Subscriber who registers a new domain name with HostEase.com or uses or transfers a previously registered domain name in conjunction with Subscriber’s use of the Service shall guarantee that Subscriber’s use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”) and the Domain Registration Agreement.
Subscriber agrees to pay all applicable fees for the Services according to these Terms, in advance of the time period during which such Service are provided. HostEase.com may make any change of the terms related to fee charging at any time. Subscriber agrees to pay all local sales, use, value added, excise, duty and any other taxes assessed with respect to the services provided to Subscriber. Subscriber may use either a valid Paypal，2CO(2CheckOut) or Alipay account to make purchase. Subscriber should also guarantee that Subscriber is an authorized user of the account Subscriber supplies to HostEase.com. HostEase.com reserves the right to cancel the account of Subscriber who does not comply with the terms related to fee charging.
02. Payment Plan.
While signing up, Subscriber is free to choose a monthly payment plan, half-a-year payment plan or an annual (or two-year) payment plan. All transaction should be proceeded in US dollars, and HostEase.com will convert any other currencies into US dollars with an estimated rate. Subscriber agrees that the conversion is an estimate. If Subscriber signs up for a monthly payment plan for shared hosting, the monthly billing date will be determined based on the day of the month Subscriber purchases the Services. For Subscriber who signs up for a monthly payment plan for dedicated hosting, the monthly billing date of is the first day of the month, which means Subscriber should be charged the use fee of the current month if Subscriber purchases the Service before the 20th of the month, and if the purchase day falls after the 20th of the month Subscriber will be charged the fee of the current month in addition to a full month payment of the next month. Dedicated hosting Subscriber shall renew his/her account for the hosting fees of the next month three days before the billing date, or else HostEase will require SoftLayer to cease the server the Subscriber purchases 48 hours before the expiration of the said account. In that way the server will be cancelled as soon as the expiration comes true.
03. Automatic Renewal of Subscriber’s Services and the Cancellation of Automatic Renewal Services.
While signing up, Subscriber is free to elect the automatic renewal option. Once the automatic renewal option is elected, HostEase.com will automatically renew Subscriber’s Services by charging the applicable fee to Subscriber’s originally-selected method of payment at the then current rate. To cancel the automatic renewal service, Subscriber must notify HostEase.com at least 16 days prior to the expiration date by filling corresponding notification of HostEase.com and emailing the notification to HostEase.com. HostEase.com agrees that on receiving the notification under the conditions stated above, HostEase.com will bill no additional charges to Subscriber.
3. Cancellation & Refund Policy
01. Notice of Cancellation.
Subscriber must direct all cancellation requests via email sent to billing@HostEase.com.
02. Nonrefundable Fees:
Fees paid by Subscriber in connection with purchase of SSL certificates, dedicated server,domain,website design and one time service fee are non-refundable.
03. Cancellations within First 30 Days of Registration.
Only first-time accounts for shared hosting are eligible for a refund.
In the event Subscriber terminates the Services prior to the expiration of 30 calendar days after registration, HostEase.com gives Subscriber an unconditional 30 day money back with the exception of any nonrefundable fees. Subscriber who signed up for a monthly payment plan for shared hosting service will get no refund.
Subscriber’s refund will be reduced by $9.95 per free domain name within the first 30 days of registration. Subscriber may use the SSL certificates that HostEase.com offers for free, in this case the SSL certificate fee ($30) will be deducted from the refund if Subscriber terminates the Services prior to the expiration of 30 calendar days after registration.
04. Cancellation after First 30 Days.
All services rendered by HostEase.com are non-refundable after 30 calendar days.
05. Right Reservation.
HostEase.com reserves the right to terminate the account of Subscriber at any time with or without reason. In any event the account of Subscriber is terminated by HostEase.com without reason, said Subscriber will be refunded on a prorated basis of any unused time.
06. Chargebacks and Reversals.
Subscriber will be responsible for a $50.00 billing service fee if Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures.
4. Proprietary Rights.
All rights, titles and interests (including, but not limited to, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights ) to all materials provided by HostEase.com is owned exclusively by HostEase.com. Subscriber is the owner of all right, title and interest (including all proprietary rights) of Subscriber’s website content. Subscriber agrees that Subscriber is not allowed to use any of the proprietary rights of HostEase.com in any way without the express written permission of HostEase.com.
5. Security and Ownership
01. Account Security.
Subscriber is responsible for the security of the subscriber’s HostEase.com account, password, and other account access information. Keep this information in a secure location and do not share them with others. Subscriber agrees to notify HostEase.com immediately of any unauthorized use of Subscriber’s account. Subscriber further agrees that HostEase.com will not be liable for any loss of Subscriber if anyone else using the subscriber’s account access information. Subscriber is responsible for all activities in the subscriber’s account.
HostEase.com makes weekly back-ups for shared hosting solutions in case of server downtime. Such back-ups will only be used when there is something wrong with the server of HostEase.com. HostEase.com will not make any back-up for dedicated hosting solutions.
HostEase.com makes every effort to help Subscriber make back-ups while all subscribers are responsible for making back-ups of his/her website contents/files on a remote system in case of information loss. For customer is the most important, HostEase.com provides back-ups for shared hosting subscriber who loses his/her information because of his/her own fault with a charge of $20 every time. HostEase.com is not responsible for any lost files, information, or data.
Warning: HostEase will not automatically backup websites which contain more than 50000 inodes.
03. Server Security.
In any event the server of Subscriber is involved in an attack on another server or system, HostEase.com will shut down the server and start an immediate investigation to determine to cause of the attack. The said Subscriber is responsible for the cost to rectify any damage done to the victim subscriber’s server and any other result caused by the security breach.
04. Access and Control Policy.
When a subscriber registers a new account on HostEase.com or its affiliates, the subscriber should provide 1)Name of person registering; 2)email address; 3)user name; 4)password; 5)associated payment information, such as Paypal,2CO, Alipay, etc.
A. In any event a person contacts HostEase.com and claims that he or she is entitled to access to an account, website or domain registered with HostEase.com or its affiliate but he or she cannot access said account, website or domain(for any reason), HostEase.com will get access to the person if he or she has all of the following evidences: 1)name of the original registrant of said account or of the last payer of said account; 2)email address of the original registrant of said account or of the last payer of said account;; 3)the user name of the original registrant of said account or of the last payer of said account, if possible; 4)the associated payment information of the original registrant of said account or of the last payer of said account, such as Paypal, 2CO,Alipay, etc; 5)a photo identification shows that he or she is the rightful possessor and user of original payment medium or the one which was last used to pay for said account (mandatory). Otherwise, HostEase.com will not give access and control to a claimant unless a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers ("ICANN"), requires HostEase.com to give such access and control to said claimant or the person who originally registered said account submits a written statement (which is duly notarized) to HostEase.com, in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account, website and/or domain and has read and agree to these Terms of Service. HostEase.com deems any other changes made directly by Subscriber or by others in said access and control within the online records of HostEase.com or of its affiliates to be ineffective.
B. Subscriber agrees to accept said access and control policy and procedure and not to bring any claim in the form of a lawsuit or otherwise against HostEase.com arising from its following said policy and procedure. Subscriber agrees immediately to dismiss any claim bought by the lawsuit, and hereby releases HostEase.com from all liability and all claims for any liability whatsoever that may arise out of the following said policy and procedure of HostEase.com.
05. License to HostEase.com.
Subscriber is the owner of all right, title and interest (including all proprietary rights) of Subscriber’s website content and HostEase.com makes no claim of interest in the content of Subscriber’s web site(s). Subscriber’s submitting content and data to HostEase.com can be construed as granting to HostEase.com the worldwide, royalty-free, and nonexclusive license under Subscriber’s copyrights and other rights, if any, in all material and content displayed in Subscribers web site to use, distribute, display, reproduce and create derivative works from such material in any and all media, in order to maintain such content on the servers of HostEase.com during the term of these Terms. Subscriber agrees that end-users are entitled to download and/or print any of such material or any portion thereof for their personal use. This license should terminate once Subscriber cancels the Services.
06. Transfer of Ownership.
HostEase.com is not responsible to determine the ownership of websites hosted by, accounts opened with, or domains registered with HostEase.com or its affiliates. Subscriber guarantees the accuracy and completeness of all information Subscriber supplied to HostEase.com while registering or using any of the services provided by HostEase.com. The following terms and conditions are set forth to govern all disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with HostEase.com or any of its affiliates are subject to the following terms and conditions.
07. Disputing Site or Account Ownership.
If more than one person is claiming ownership of or rights in a site hosted by HostEase.com or an associated HostEase.com account, and HostEase.com judges there’s not certainty about the ownership of or rights in said site or account, then as a courtesy but out of its knowledge and ability, HostEase.com will notify said persons of the dispute and demand that said person promptly, conclusively and finally resolve the dispute in a manner which relieves HostEase.com of all liability or obligations concerning the dispute. If the disputing persons fail to resolve the dispute within a reasonable time judged by HostEase.com, HostEase.com reserves the right to file an interpleader action in a court of competent jurisdiction for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site or account. All of HostEase.com’s expenses relative to said interpleader action including but without limitation to all its court costs and reasonable attorney fees should be reimbursed by the person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) of said site and/or associated account. No rights enumerated in this section shall in any way diminish any other rights of HostEase.Com enumerated in any other section of these Terms, or otherwise available to HostEase.Com at law or in equity.
7. Usage of Allotted Resource
Subscriber is allocated a certain volume of bandwidth, disk space and other resources. Subscriber agrees that bandwidth and disk usage shall not exceed the amount which stipulated at the time of sign-up. HostEase.com will monitor the subscribers’ bandwidth and disk usage. Once Subscriber exceeds the amount HostEase.com reserves the right to suspend Subscriber’s account until the start of the next allocation or until Subscriber purchase more bandwidth or upgrade to a higher level of package. Unused resources in one month cannot be carried over to the next month.
8. With Respect to the Cookies
01. General Purposes.
A cookie is a small string of text stored on a computer by a web browser. A cookie consists of one or more name-value pairs containing bits of information such as preferences, shopping cart contents, the identifier for a server-based session, or other data used by websites. HostEase.com uses the cookies not only to optimize its web site but also to provide Subscriber with better service.
02. Cookies for Improving Our Web Site.
HostEase.com informs itself of a repeat visit through cookies. The cookies will not reveal the identity or other private information of the visitor.
03. Cookies for Banner Rewards Program.
HostEase.com monitors the traffic that generates from HostEase.com banners and logo buttons displayed on HostEase.com Subscriber’s websites with the help of cookies in order to offer Subscriber continued savings.
04. Cookies for Subscriber Account Management.
9. Prohibited Uses
01. Breach of Terms and Account Termination.
The engaging in any form of prohibited uses set forth in these Terms by Subscriber or by any affiliate or subscriber of Subscriber (in the sole judgment of HostEase.com) should be construed as a material breach of these Terms and will subject Subscriber’s account to immediate termination without notice.
Any form of spam is strictly prohibited on HostEase.com. HostEase.com takes a zero tolerance policy against the sending of unsolicited e-mail, bulk emailing, Junk E-mail and UCE (collectively, the “spam”). Any subscriber who sends out spam will have their account terminated without notice or refund. HostEase.com also reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with this spam policy.
03. Prohibited Offerings.
Subscriber is responsible for the messages Subscriber publishes on HostEase.com and the websites accepting the services of HostEase.com. Subscriber agrees not to inhibit other users from enjoying the Internet. Subscriber further agrees not to spread unlawful, libelous, violent, harmful, vulgar, obscene information on HostEase.com. HostEase.com reserves the right, in its sole discretion, to terminate Subscriber’s account on HostEase.com at any time when HostEase.com considers the information Subscriber published constitutes a criminal offense.
Profanity or profane subject matter in the site content and in the domain name is prohibited.
05. Private Information and Images.
Subscriber agrees not to post or disclose any private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).
06. Violations of Intellectual Property Rights.
Subscriber is prohibited from using, in any manner whatsoever, any of the content or materials of any person’s or entity’s intellectual property rights, rights of privacy, rights or publicity or other personal rights.
07. Misrepresentation of Transmission Information.
Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
08. Viruses and Similar Destructive Activities.
Distribution of Internet viruses or similar destructive activities, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, and activities designed to harm or use unethically minors in any way is prohibited.
“Hacking” and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally accessing to other computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
10. Anonymous Proxies.
Any use of anonymous proxy scripts on the servers of HostEase.com is prohibited, for they can be very abusive to the server resources and affect all users on that server.
11. Backup Storage.
Subscriber is supposed to use the Services of HostEase.com for web site hosting but not data storing. Any Subscriber who use his/her account as an online storage space to archive electronic files and affect other users will have said account terminated without prior notice.
12. Abuse of Resources.
Abuse of server resource (such as, but not limited to CPU time, memory storage, concurrent connections and network resources, the use of more than 250,000 inodes ) provided by HostEase is prohibited. HostEase.com reserves the right to shut down Subscriber’s account without prior notice once HostEase.com becomes aware of Subscriber’s abuse of resource, for such abuse will affect the normal performance of the servers of HostEase.com and affect all users on said servers.
13. Export Control Violations.
Subscriber is prohibited from exporting or transferring, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
Subscriber is prohibited from using the Services to store, post, display, transmit, advertise or otherwise make available pornography. Once HostEase.com becomes aware of the presence of pornography HostEase.com is required by law to, and will notify law enforcement agencies.
15. Other Illegal Activities.
Engaging in any activity that, in the sole and absolute discretion of HostEase.com, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, the business, operations, reputation, goodwill of HostEase.com, Subscribers and/or Subscriber relations, or the ability of Subscriber of HostEase.com to effectively use the Services is prohibited. Such activities may include, without limitation, topsites, IRC scripts/Bots, proxy scripts/anonymizers, pirated software/warez, AutoSurf/ PTC/PTS/PPC sites, Image hosting scripts (similar to Photobucket or Tinypic), bruteforce programs/scripts/applications, IP scanners, mail bombers, banner-ad services (commercial banner ad rotation), file dump/mirror scripts (similar to rapidshare), commercial audio streaming (more than one or two streams), escrow/bank debentures, High-Yield Interest Programs (HYIP) or related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Prime Banks Programs, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, lottery sites, Forums and/or websites that distribute or link to warez/pirated/illegal/adult content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro, etc. HostEase.com reserves the right to cancel the account of Subscriber who engages in said activities. In addition, the failure of Subscriber to cooperate with HostEase.com in correcting or preventing violations of these Terms constitutes a violation of these Terms by Subscriber.
10. Copyright Notice Infringement Information
If a copyright holder believes that his or her copyright has been infringed on a website that is hosted by HostEase.com or a HostEase.com affiliate, and the copyright holder wants HostEase.com to remove the website or disable the material in question, HostEase.com will in accordance with the Digital Millennium Copyright Act, remove the website or disable the material if the copyright holder provides HostEase.com with all the following information: 1) A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or a representative list of such works (in the case of claimed infringement of multiple copyrighted works). 2) An identification of the material that is claimed to be infringing or that is the subject of infringing activity and that should be removed or disabled, with information reasonably sufficient to permit us to deal with the material. 3) Sufficient information to permit us to contact the person who gives the notification, such as an address and telephone, and, if possible, an E-mail address at which such person may be contacted. 4) A statement that the person who gives the notification believes that the use of the material in the manner complained of is not authorized by the copyright holder, its agent, or the law. 5) A statement that the information in the notification is accurate, and under penalty of perjury, that the person who gives the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
01. Uptime Guarantee.
A. HostEase.com offers its Subscriber a 99.9% uptime guarantee for shared hosting, which means that shared hosting Subscriber’s website will be up and available at least 99.9% of the time in any given calendar month.
B. HostEase.com will provide Subscriber who signed up for shared hosting service with an extra one-month hosting service if HostEase.com fails in providing aforesaid service that caused because of HostEase.com’s own inability (excluding scheduled downtime for maintenance on servers, network outages, etc).
C. HostEase.com guarantees a 99.9% uptime of internet backbone connections for dedicated hosting Subscribers. In any case HostEase.com cannot offer aforesaid service for Subscriber, HostEase.com will refund Subscriber a double hosting fee for the additional downtime (the additional downtime = total downtime－scheduled downtime).
D. HostEase.com guarantees the replacement of failed hardware and hardware components located in HostEase.com’s data centers. All failed hardware component will be replaced within 5 hours of Subscriber notification in the Support Department of HostEase.com. Replacement of failed hardware does not include time required to reload the operating system or applications. In any case HostEase.com cannot offer aforesaid service for Subscriber, HostEase.com will refund Subscriber a double hosting fee for the additional replacement time (the additional replacement time = total replacement time－5 hours).
02. Promotional Pricing.
HostEase.com may offer discounted services for Subscriber periodically. Such promotional offers are honored only in connection with the specific promotional package to which they apply. If a Subscriber changes its subscription to a subscription to which the promotional offer doesn’t apply, Subscriber should forfeit any unused free credits offered under the promotional packaged and Subscriber should be charged the prevailing fees for any free credits redeemed by Subscriber under the promotional package.
HostEase.com has the right to monitor Subscriber’s use of the service electronically from time to time to ensure compliance with these Terms. If such monitoring indicates Subscriber is not in compliance with the Terms, HostEase.com may take any lawful action to stop any information it deems is in violation of the Terms. HostEase.com also reserves the right to refuse refunds in cases where HostEase.com believes abuse has taken place.
In order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect HostEase.com or others from harm, and/or to ensure the proper operation of the Services, HostEase.com may disclose any information in its possession, including, but not limited to, information about Subscribers, internet transmissions and website activity. HostEase.Com has no obligation to notify any person, including the Subscriber about whom information is sought, that HostEase.com has provided the information.
05. Duty of Notify HostEase.com of Breach.
Subscriber agrees to report any violation of the Terms or any suspicious activities he or she discovers on HostEase.com to HostEase.com for investigation. HostEase.com reserves the right to immediately terminate any account that HostEase.com concludes to be in violation of any of these Terms.
06. Reservation of Rights.
HostEase.com reserves the right to terminate the Terms and cancel Subscriber’s account at any time for any lawful reason. HostEase.com is not responsible for notifying anyone the termination. HostEase.com will refund any unused amounts that Subscriber has paid. If the account of Subscriber is cancelled because of the violation of these Terms by Subscriber, no refund will be paid.
The failure of HostEase.com to enforce a provision of these Terms shall not be construed as a waiver or limitation of HostEase.com’s right to subsequently enforce and compel strict compliance with every provision of these Terms.
08. Governing Laws.
These Terms of HostEase.com shall be deemed entered into in the State of Delaware. The United Nations Convention on the International Sale of Goods shall not be applicable and is hereby expressly excluded. Subscriber agrees that the laws and judicial decisions of the State and Federal Court within the State of Delaware shall be used to determine any dispute relating to or arising out of these Terms. Subscriber agrees to submit to jurisdiction and venue in the said court for the State of Delaware. Subscriber agrees to waive the right to trial by jury in any proceeding that takes place relating to or arising from these Terms.
Subscriber agrees to defend, hold harmless, and indemnify HostEase.com against any and all claims, suits, actions, demands or proceedings and all related damages, losses, liabilities, cost and expenses (including, but not limited to, reasonable attorneys' fees) arising from or relating to: (a) Subscriber’s violation or breach of any term, representation or warranty, or policy of these Terms; (b)Subscriber’s unlawful or improper use of the services; (c) any damages caused to HostEase.com's systems by the content of Subscriber; (d) any actual or alleged violation of any Proprietary Rights or non-proprietary rights (including, but not limited to, defamation, libel, rights of privacy or publicity) by the content of Subscriber.
13. Third Party Providers
HostEase.com is dedicated to provide Subscriber with better services, part of which may be cooperated with third party providers. Subscriber agrees that the use of such services obtained from HostEase.com or any other third party is at the sole risk of Subscriber. Subscriber further agrees that Subscriber’s use of the services should be subject to further agreements, policies, terms and conditions in addition to the terms mentioned in this Terms of Services.
14. Limitation of Liability
UNDER NO CIRCUMSTANCE SHALL HOSTEASE.COM OR ITS AFFILIATES BE LIABLE TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, BY SUBSCRIBER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF HOSTEASE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF HOSTEASE.COM AND THE EXCLUSIVE REMEDY OF THE SUBSCRIBER WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW SUCH A BROAD EXCLUSION OR LIMITATION ON LIABILITY FOR DAMAGES AS CONTAINED HEREIN. IN SUCH JURISDICTIONS, THE LIABILITY OF HOSTEASE.COM IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. SUBSCRIBER AGREES THAT IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF HOSTEASE.COM EXCEED THE TOTAL AMOUNT PAID BY SUBSCRIBER FOR THE SERVICE IN DISPUTE PURCHASED FROM HOSTEASE.COM.
15. Warranty Disclaimer
HOSTEASE.COM MAKES EVERY EFFORT TO PROVIDE SUBSCRIBE THE MOST EFFECTIVE SERVICE, BUT IT IS NOT A PROMISE OR GUARANTEE OF USING THE PRODUCTS OR SERVICES IN THIS WEB SITE. IN FACT, HOSTEASE.COM AND ITS RELATED CORPORATIONS MAKE NO WARRANTY THAT SUBSCRIBER WILL ACHIEVE ANY RESULTS FROM THE PRODUCTS OR SERVICE IT PROVIDES. THE SUBSCRIBER ACKNOWLEDGES THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. HOSTEASE.COM MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANYONE OF HOSTEASE.COM SHOULD BE SEEN AS A WARRANTY.
16. Force Majeure
HostEase.com shall not be liable for failure or delay in performing its obligations hereunder (other than payment obligations) if such failure or delay is due to circumstances beyond its reasonable control including, but not limited to earthquake, fire, flood, storm or other natural disaster, act of God, labor controversy, civil disturbance or commotion, disruption of the public markets, war or armed conflict.