Last Updated: Jan. 12, 2021
These Terms of Service (the “Agreement”) are an agreement
between Bunniehost.com, TSG (“Bunniehost” or “us” or
“our”) and you (“User” or “you” or
“your”). This Agreement sets forth the general terms and conditions
of your use of the products and services made available by Bunniehost and
of the Bunniehost.com website (collectively, the “Services”). By
using the Services, you agree to be bound by this Agreement. If you do not
agree to abide by the terms of this Agreement, you are not authorized to use or
access the Services.
Additional Policies
and Agreements
Use of the Services is also governed
by the following policies, which are incorporated by reference. By using the
Services, you also agree to the terms of the following policies.
Additional terms may also apply to certain Services, and are
incorporated by reference herein as applicable. For example, if you register a
domain name with us, then the Domain Registration Agreement will also apply to
you and would be incorporated herein.
Account Eligibility
By registering for or using the Services, you represent and warrant
that:
You are eighteen (18) years of age or older. The Services are intended solely
for Users who are eighteen (18) years of age or older. Any registration, use of
or access to the Services, by anyone under eighteen (18) is unauthorized and is
a violation of this Agreement.
If you use the Services on behalf of another party you agree that you
are authorized to bind such other party to this Agreement and to act on such
other party’s behalf with respect to any actions you take in connection with
the Services.
It is your responsibility to provide accurate, current, and complete
information on the registration forms, including an email address that is
different from the domain you are signing up under. If there is ever an abuse issue
or we need to contact you, we will use the primary email address we have on
file. It is your responsibility to ensure that the contact information for your
account, including any domain accounts is accurate, correct and complete at all
times. Bunniehost is not responsible for any lapse in the Services,
including without limitation, any lapsed domain registrations due to outdated
contact information being associated with the domain. If you need to verify or
change your contact information, please contact our sales team via email or
update your contact information through the Bunniehost Billing and Support
System. Providing false contact information of any kind may result in the
termination of your account. In dedicated server purchases or certain other cases,
you may be required to provide government issued identification and possibly a
scan of the credit card used for verification purposes. Failure to provide the
information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for
any actions that take place through your account. It is your responsibility to
maintain the confidentiality of your password and other information related to
the security of your account. Any dedicated IP order in addition to those
provided with a hosting package may be subject to IP justification. IP
justification practices are subject to change to remain in compliance with the
policies of the American Registry for Internet Numbers (ARIN). We reserve the
right to deny any dedicated IP request based on insufficient justification or
current IP utilization.
Transfers
Our Transfers Team will make every effort to help you move your website
to us. Transfers are provided as a courtesy service for up to 10 cPanel
accounts (additional migrations are available at our standard hourly admin
rate). We must be able to obtain a FULL cPanel backup from your current host
and the compressed account size shall not exceed 1 GB.
We do not make any guarantees regarding the availability, possibility,
or time required to complete an account transfer. Each hosting company is
configured differently, and some hosting platforms save data in an incompatible
or proprietary format, which may make it extremely difficult, if not
impossible, to migrate some or all account data. In some cases we may not be
able to assist you in a transfer of data from an old host. The free transfer
service is available for thirty (30) days from your sign up date.
Transfers outside of the thirty (30) day period will incur a charge;
please contact a member of our Transfers department to receive a price quote.
In no event shall Bunniehost be held liable for any lost or missing data
or files resulting from a transfer to or from Bunniehost. You are solely
responsible for backing up your data in all circumstances.
Bunniehost Content
Except for User Content (as defined below), all content available
through the Services, including designs, text, graphics, images, video,
information, software, audio and other files, and their selection and
arrangement, and all software used to provide the Services (collectively,
“Bunniehost Content”), are the proprietary property of
Bunniehost or Bunniehost’s licensors. Bunniehost Content may not be
modified, copied, distributed, framed, reproduced, republished, downloaded,
scraped, displayed, posted, transmitted, sold or exploited for any purpose in
any form or by any means, in whole or in part, other than as expressly
permitted in this Agreement. You may not, directly or indirectly, reverse
engineer, decompile, disassemble or otherwise attempt to derive source code or
other trade secrets from any Bunniehost Content. Any use of
Bunniehost Content, other than as specifically authorized herein, is
prohibited and will automatically terminate your rights to use the Services and
any Bunniehost Content. All rights to use Bunniehost Content that are
not expressly granted in this Agreement are reserved by Bunniehost and
Bunniehost’s licensors.
User Content
You may be able to upload, store, publish, display and distribute
information, text, photos, videos and other content on or through the Services
(collectively, “User Content”). User Content includes any content
posted by you or by users of any of your websites hosted through the Services
(“User Websites”). You are solely responsible for any and all User
Content and any transactions or other activities conducted on or through User
Websites. By posting or distributing User Content on or through the Services,
you represent and warrant to Bunniehost that (i) you have all the
necessary rights to post or distribute such User Content, and (ii) your posting
or distribution of such User Content does not infringe or violate the rights of
any third party.
You may not however use your /home/ directory as a location to place backups.
Including cPanel/WHM/Third Party applications. All websites are automatically
backed-up nightly in third party locations. If you would like to conduct your
own backups you MUST purchase block storage from us at $29.95/month per 150GB.
Bunniehost reserves the right to remove any files that violate this policy
under our sole discretion. User’s that violate this policy are subject to
immediate suspension and/or termination.
Solely for purposes of providing the Services, you hereby grant to
Bunniehost a non-exclusive, royalty-free, worldwide right and license to:
(i) use, reproduce, publicly perform, publicly display, modify, translate,
excerpt (in whole or in part), publish and distribute User Content; and (ii)
make archival or back-up copies of User Content and User Websites. Except for
the rights expressly granted herein, Bunniehostdoes not acquire any right,
title or interest in or to the User Content, all of which shall remain solely
with you.
Bunniehost exercises no control over, and accepts no responsibility
for, User Content or the content of any information passing through
Bunniehost’s computers, network hubs and points of presence or the Internet.
Bunniehost does not monitor User Content. However, you acknowledge and
agree that Bunniehost may, but is not obligated to, immediately take any
corrective action in Bunniehost’s sole discretion, including without limitation
removal of all or a portion of the User Content or User Websites, and suspend
or terminate any and all Services without refund if you violate the terms of
this Agreement. You hereby agree that Bunniehost shall have no liability due to
any corrective action that Bunniehost may take.
Third Party
Products and Services
Third Party
Providers
Bunniehost may offer certain third party products and services. Such
products and services may be subject to the terms and conditions of the third
party provider. Discounts, promotions and special third party offers may be
subject to additional restrictions and limitations by the third party provider.
You should confirm the terms of any purchase and the use of goods or services
with the specific third party provider with whom you are dealing.
Bunniehost does not make any representations or warranties regarding,
and is not liable for, the quality, availability, or timeliness of goods or
services provided by a third party provider. You undertake all transactions
with these third party providers at your own risk. We do not warrant the
accuracy or completeness of any information regarding third party providers. Bunniehost
is not an agent, representative, trustee or fiduciary of you or the third party
provider in any transaction.
Bunniehost as
Reseller or Licensor
Bunniehost may act as a reseller or licensor of certain third party
services, hardware, software and equipment used in connection with the Services
(“Non-Bunniehost Products”). Bunniehost shall not be responsible for
any changes in the Services that cause any Non-Bunniehost Products to become
obsolete, require modification or alteration, or otherwise affect the
performance of the Services. Any malfunction or manufacturer’s defects of Non-Bunniehost
Products, either sold, licensed or provided by Bunniehost to you will not be
deemed a breach of Bunniehost’s obligations under this Agreement. Any rights or
remedies you may have regarding the ownership, licensing, performance or
compliance of any Non-Bunniehost Product are limited to those rights extended
to you by the manufacturer of such Non-Bunniehost Product. You are entitled to
use any Non-Bunniehost Product supplied by Bunniehost only in connection with
your use of the Services as permitted under this Agreement. You shall make no
attempt to copy, alter, reverse engineer, or tamper with such Non-Bunniehost
Product or to use it other than in connection with the Services. You shall not
resell, transfer, export or re-export any Non-Bunniehost Product, or any
technical data derived therefrom, in violation of any applicable law, rules or
regulations.
Third Party
Websites
The Services may contain links to other websites that are not owned or
controlled by Bunniehost (“Third Party Sites”), as well as articles,
photographs, text, graphics, pictures, designs, sound, video, information, and
other content or items belonging to or originating from third parties
(“Third Party Content”). We are not responsible for any Third Party
Sites or Third Party Content accessed through the Services. Third Party Sites
and Third Party Content are not investigated, monitored or checked for
accuracy, appropriateness, or completeness by us. If you decide to access Third
Party Sites or to access or use any Third Party Content, you do so at your own
risk and you should be aware that our terms and policies no longer govern. You
should review the applicable third party’s terms and policies, including
privacy and data gathering practices of any website to which you navigate.
Prohibited Persons
(Countries, Entities, And Individuals).
The U.S. Department of the Treasury, through the Office of Foreign
Assets Control (“OFAC”), prohibits U.S. companies from engaging in
all or certain commercial activities with certain sanctioned countries (each a
“Sanctioned Country”) and certain individuals, organizations or
entities, including without limitation, certain “Specially Designated
Nationals” (“SDN”) listed by OFAC. If you are located in a
Sanctioned Country or are listed as an SDN, you are prohibited from registering
or signing up with, subscribing to, or using the Services. Unless otherwise
provided with explicit permission, Bunniehost also does not register, and
prohibits the use of any of our Services in connection with, any Country-Code
Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
Account Security
and Bunniehost Systems.
It is your responsibility to ensure that scripts/programs installed
under your account are secure and permissions of directories are set properly,
regardless of the installation method. When at all possible, set permissions on
most directories to 755 or as restrictive as possible. Users are ultimately
responsible for all actions taken under their account. This includes the
compromise of credentials such as user name and password. You are required to
use a secure password. If a weak password is used, your account may be
suspended until you agree to use a more secure password. Audits may be done to
prevent weak passwords from being used. If an audit is performed, and your
password is found to be weak, we will notify you and allow time for you to
change or update your password before suspending your account.
The Services, including all related equipment, networks and network
devices are provided only for authorized customer use. Bunniehost may, but is
not obligated to, monitor our systems, including without limitation, to ensure
that use is authorized, to facilitate protection against unauthorized access,
and to verify security procedures, survivability, and operational security.
During monitoring, information may be examined, recorded, copied and used for
authorized purposes. By using the Services, you consent to monitoring for these
purposes.
Any account found connecting to a third party network or system without
authorization from the third party is subject to suspension. Access to networks
or systems outside of your direct control requires the express written consent
of the third party. Bunniehost may, at our discretion, request documentation to
prove that your access to a third party network or system is authorized. Any
account that is found to be compromised may be disabled and/or terminated. If
you do not clean up your account after being notified by Bunniehost of an
ongoing issue, we reserve the right to keep your account disabled. Upon your
request, Bunniehost may clean-up your account for an additional fee.
Bunniehost reserves the right to migrate your account from one data
center to another in order to comply with applicable data center policies,
local law or for technical or other reasons without notice.
HIPAA Disclaimer.
We are not “HIPAA compliant.”
You are solely responsible for any applicable compliance with federal or
state laws governing the privacy and security of personal data, including
medical or other sensitive data. You acknowledge that the Services may not be
appropriate for the storage or control of access to sensitive data, such as
information about children or medical or health information. Bunniehost does
not control or monitor the information or data you store on, or transmit
through, the Services. We specifically disclaim any representation or warranty
that the Services, as offered, comply with the federal Health Insurance
Portability and Accountability Act (“HIPAA”). Customers requiring
secure storage of “protected health information” as defined under
HIPAA are expressly prohibited from using the Services for such purposes.
Storing and permitting access to “protected health information” is a
material violation of this Agreement, and grounds for immediate account
termination. We do not sign “Business Associate Agreements” and you
agree that Bunniehost is not a Business Associate or subcontractor or agent of
yours pursuant to HIPAA. If you have questions about the security of your data,
you should contact [email protected]
Compatibility with
the Services
You agree to cooperate fully with Bunniehost in connection with Bunniehost’s
provision of the Services. It is solely your responsibility to provide any
equipment or software that may be necessary for your use of the Services. To
the extent that the performance of any of our obligations under this Agreement
may depend upon your performance of your obligations, Bunniehost is not
responsible for any delays due to your failure to timely perform your
obligations.
You are solely responsible for ensuring that all User Content and User
Websites are compatible with the hardware and software used by Bunniehost to
provide the Services, which may be changed by Bunniehost from time to time in
our sole discretion.
You are solely responsible for backing-up all User Content, including
but not limited to, any User Websites. Bunniehost does not warrant that we
back-up any User Content, and you agree to accept the risk of loss of any and
all User Content.
Billing and Payment
Information
Multiple Accounts.
Users may not jump to multiple accounts to abuse “new
customer” discounts. Users in violation of this policy will have both
accounts suspended until all outstanding invoices are satisfied. Users that
abuse our discount system are subject to termination without a refund.
Prepayment.
It is your responsibility to ensure that your payment information is up
to date, and that all invoices are paid on time. You agree to pay for the
Services in advance of the time period during which such Services are provided.
Subject to applicable laws, rules, and regulations, payments received will be
first applied to the oldest outstanding invoice in your billing account.
Autorenewal.
Unless otherwise provided, you agree that until and unless you notify Bunniehost
of your desire to cancel the Services, you will be billed on an automatically
recurring basis to prevent any disruption to your Services, using your credit
card or other billing information on file with us.
Taxes.
Listed fees for the Services do not include any applicable sales, use,
revenue, excise or other taxes imposed by any taxing authority. Any applicable
taxes will be added to Bunniehost’s invoice as a separate charge to be paid by
you. All fees are non-refundable when paid unless otherwise stated.
Late Payment.
All invoices must be paid within seven (7) days of the invoice due date.
Any invoice that is outstanding for more than seven (7) days may result in the
suspension or termination of Services. Access to the account will not be
restored until payment has been received. If you fail to pay the fees as
specified herein, Bunniehost may suspend or terminate your account and pursue
the collection costs incurred by Bunniehost, including without limitation, any
arbitration and legal fees, and reasonable attorneys’ fees. Bunniehost will not
activate new orders or activate new packages for customers who have an
outstanding balance on their account.
Domain Payments.
It is solely your responsibility to notify Bunniehost’s Billing
department via a support ticket created from https://www.Bunniehost.com/clientarea.php
after purchasing a domain. Domain renewal notices are provided as a courtesy
reminder and Bunniehost is not responsible for a failure to renew a domain or a
failure to notify a customer about a domain’s renewal. Domain renewals are
billed and renewed thirty (30) days before the renew date.
Fraud.
It is a violation of this Agreement for you to misuse or fraudulently
use credit cards, charge cards, electronic funds transfers, electronic checks,
or any other payment method. Bunniehost may report any such misuse or
fraudulent use, as determined in Bunniehost’s sole discretion, to governmental
and law enforcement authorities, credit reporting services, financial
institutions and/or credit card companies.
Invoice Disputes.
You have ninety (90) days to dispute any charge or payment processed by Bunniehost.
If you have any questions concerning a charge on your account, our billing
department directly for assistance.
Money-back
Guarantee
Bunniehost offers a thirty (30) day money- back guarantee for Bunniehost’s
hosting services only. Subject to the terms described in Section 13 below, if
you are not completely satisfied with these hosting services and you terminate
your account within thirty (30) days of signing up for the Services, you will
be given a refund of the amount paid for hosting minus a $8.95 setup
fee for Shared/Reseller and $19.95 setup fee
for VPS Hosting. This money-back guarantee only applies to fees
paid for hosting services and does not apply to administrative fees, install
fees for custom software or other setup fees, or to any fees for any other
additional services.
Cancellations and
Refunds
Payment Method.
No refunds will be provided if you use any of the following methods of
payment: bank wire transfers, Western Union payments, checks and money orders.
If you use any of these payment methods, any applicable credit will be posted
to your hosting account instead of a refund.
Money-back Guarantee.
If an account with a thirty (30) day money-back guarantee is purchased
and then cancelled within the first thirty (30) days of the beginning of the
term (the “Money-Back Guarantee Period”), you will, upon your written
request to the Bunniehost Support Team (the “Refund Request”) within
thirty (30) days of such termination or cancellation (“Notice
Period”), receive a full refund of all basic hosting fees previously paid
by you to Bunniehost for the initial term (“Money-Back Guarantee
Refund”); provided that such Money-Back Guarantee Refund shall be due to
you only upon your compliance with, and subject in all respects to the terms
and conditions of, this Section 13. Requests for these refunds must be made in
writing to the Bunniehost Support Team. Refunds will only be issued for basic
hosting services and will not include administrative fees, install fees for
custom software or other setup fees, nor will they include any fees for any
other additional services. Money Back Guarantee Refunds will not accrue, and shall
not be paid under any circumstances, if you do not provide the applicable
Refund Request within the Notice Period.
Refund Eligibility.
Only first-time accounts are eligible for a refund. For example, if
you’ve had an account with us before, canceled and signed up again, or if you
have opened a second account with us, you will not be eligible for a refund.
Violations of this Agreement will waive your rights under the refund policy.
Non-refundable
Products and Services.
There are no refunds on domain names, dedicated servers, administrative
fees, license fees, and install fees for custom software. Please note that
domain refunds will only be considered if the domain was ordered in conjunction
with a hosting package and will be issued at Bunniehost’s sole discretion. Any
refunds issued for domain names will be reduced by the market value of the
gTLD. Purchases of ccTLDs are non-refundable.
Cancellation
Process.
You may terminate or cancel the Services by giving Bunniehost written
notice via the cancellation form provided. In such event: (i) you shall be
obligated to pay all fees and charges accrued prior to the effectiveness of
such cancellation and (ii) Bunniehost may, in our sole discretion, refund all
pre-paid fees for basic hosting services for the full months remaining after
the effectiveness of such cancellation (i.e. no partial month fees shall be
refunded) less any setup fees, applicable taxes and any discount applied for
prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary
information with you via email, we will inform you in writing (typically email)
that your account has been canceled. Your cancellation confirmation will
contain a ticket/tracking number in the subject line for your reference and for
verification purposes. You should immediately receive an automatic email with a
tracking number stating that “Your request has been received.” Bunniehost
will confirm your request and process your cancellation shortly thereafter. If
you do not hear back from us, or do not receive the automatic confirmation
email within a few minutes after submitting your cancellation form, please
contact us immediately. We require all cancellations to be done through the
online form in order to (a) confirm your identity, (b) confirm in writing that
you are prepared for all of your files and emails to be removed, and (c)
document the request. This process aims to reduce the likelihood of mistakes,
fraudulent/malicious requests, and to ensure that you are aware that your
files, emails, and account may be removed immediately and permanently after a
cancellation request is processed.
Cancellations for shared accounts will be effective on the account’s
renewal date.
Domains.
Domain renewals are billed and renewed thirty (30) days before the
renewal date. It is your responsibility to notify Bunniehost’s Billing
department via a support ticket created from https://www.Bunniehost.com/clientarea.php
to cancel any domain registration at least thirty (30) days prior to the
renewal date. No refunds will be given once a domain is renewed. All domain
registrations and renewals are final.
Foreign Currencies.
Exchange rate fluctuations for international payments are constant and
unavoidable. All refunds are processed in U.S. dollars and will reflect the
exchange rate in effect on the date of the refund. All refunds are subject to
this fluctuation and Bunniehost is not responsible for any change in exchange
rates between the time of payment and the time of refund.
Termination
Bunniehost may terminate your access to the Services, in whole or in
part, without notice in the event that: (i) you fail to pay any fees due; (ii)
you violate this Agreement; (iii) your conduct may harm Bunniehost or others or
cause Bunniehost or others to incur liability, as determined by Bunniehost in
our sole discretion; or (iv) as otherwise specified in this Agreement. In such
event, Bunniehost shall not refund to you any fees paid in advance of such
termination, and you shall be obligated to pay all fees and charges accrued
prior to the effectiveness of such termination. Additionally, Bunniehost may
charge you for all fees due for the Services for the remaining portion of the
then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER
WEBSITES, AND OTHER DATA WILL BE DELETED.
CPU, Bandwidth and
Disk Usage
Permitted CPU and
Disk Usage.
All use of hosting space provided by Bunniehost is subject to the terms
of this Agreement and the Acceptable Use Policy. Shared hosting space may only
be used for web files, active email and content of User Websites. Shared
hosting space may not be used for storage (whether of media, emails, or other
data), including, as offsite storage of electronic files, email or FTP hosts. Bunniehost
expressly reserves the right to review every shared account for excessive usage
of CPU, disk space and other resources that may be caused by a violation of
this Agreement or the Acceptable Use Policy. Bunniehost may, in our sole
discretion, terminate access to the Services, apply additional fees, or remove
or delete User Content for those accounts that are found to be in violation of Bunniehost’s
terms and conditions.
VPS Managed
Services
Please note that manually installing modules and bypassing WHM/cPanel
could render your management with us void.
Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance.
Uptime Guarantee.
If your shared server has a physical downtime that falls short of the
99.9% uptime guarantee, you may receive one (1) month of credit on your
account. This uptime guarantee does not apply to planned maintenance. Approval
of any credit is at the sole discretion of Bunniehost and may be dependent upon
the justification provided. Third party monitoring service reports may not be
used for justification due to a variety of factors including the monitor’s
network capacity/transit availability. The uptime of the server is defined as
the reported uptime from the operating system and the Apache Web Server which
may differ from the uptime reported by other individual services. To request a
credit, please visit https://www.Bunniehost.com/clientarea.php to create a
support ticket to our Billing department with justification. Uptime guarantees
only apply to shared and reseller solutions.
Price Change
Bunniehost reserves the right to change prices, the monthly payment
amount, or any other charges at any time. We will provide you with at least
thirty (30) days’ notice before charging you with any price change. It is your
sole responsibility to periodically review billing information provided by Bunniehost
through the user billing tool or through other methods of communication,
including notices sent or posted by Bunniehost.
Coupons
Discounts and coupon codes are reserved for first-time accounts or
first-time customers only and may not be used towards the purchase of a domain
registration unless otherwise specified. If you have previously signed up using
a particular domain, you may not sign up again for that domain using another
coupon at a later date. Any account found in violation of these policies will
be reviewed by our Sales department and the appropriate charges will be added
to the account. Coupon abuse will not be tolerated and may result in the
suspension or termination of your account. All coupons and discounts are only
valid towards the initial purchase and do not affect the renewal or recurring
price.
Limitation of
Liability
IN NO EVENT WILL Bunniehost ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST
DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES
OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Bunniehost
IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Bunniehost’S
LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER,
AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO Bunniehost FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE
INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE
EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Indemnification
You agree to indemnify, defend and hold harmless Bunniehost, our
affiliates, and their respective officers, directors, employees and agents
(each an “Indemnified Party” and, collectively, the “Indemnified
Parties”) from and against any and all claims, damages, losses,
liabilities, suits, actions, demands, proceedings (whether legal or administrative),
and expenses (including, but not limited to, reasonable attorney’s fees)
threatened, asserted, or filed by a third party against any of the Indemnified
Parties 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 by
you. The terms of this section shall survive any termination of this Agreement.
Arbitration
By using the Services, you hereby submit to the exclusive jurisdiction
of the American Arbitration Association (“AAA”) in connection with
any dispute relating to, concerning or arising out of this Agreement. The
arbitration will be conducted before a single arbitrator chosen by Bunniehost
and will be held at the AAA location chosen by Bunniehost in Missouri. Payment
of all filing, administrative and arbitrator fees will be governed by the AAA’s
rules, unless otherwise stated in this paragraph. In the event you are able to
demonstrate that the costs of arbitration will be prohibitive as compared to
the costs of litigation, Bunniehost will pay as much of your filing,
administrative, and arbitrator fees in connection with the arbitration as the
arbitrator deems necessary to prevent the arbitration from being
cost-prohibitive. The arbitration before the AAA shall proceed solely on an
individual basis without the right for any claims to be arbitrated on a class
action basis or on bases involving claims brought in a purported representative
capacity on behalf of others. The Federal Arbitration Act, and not any state
arbitration law, governs all arbitration under this paragraph. All decisions
rendered by the arbitrator will be binding and final. The arbitrator’s award is
final and binding on all parties. The arbitrator’s authority to resolve and
make written awards is limited to claims between you and Bunniehost alone.
Claims may not be joined or consolidated unless agreed to in writing by all
parties. No arbitration award or decision will have any preclusive effect as to
issues or claims in any dispute with anyone who is not a named party to the
arbitration. If you initiate litigation or any other proceeding against Bunniehost
in violation of this paragraph, you agree to pay Bunniehost’s reasonable costs
and attorneys’ fees incurred in connection with our enforcement of this
paragraph.
Independent
Contractor
Bunniehost and User are independent contractors and nothing contained in
this Agreement places Bunniehost and User in the relationship of principal and
agent, partners or joint venturers. Neither party has, expressly or by
implication, or may represent itself as having, any authority to make contracts
or enter into any agreements in the name of the other party, or to obligate or bind
the other party in any manner whatsoever.
Governing Law;
Jurisdiction
Any controversy or claim arising out of or relating to this Agreement,
the formation of this Agreement or the breach of this Agreement, including any
claim based upon an alleged tort, shall be governed by the substantive laws of
the State of Missouri. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Agreement.
Disclaimer
Bunniehost shall not be responsible for any damages your business may
suffer. Bunniehost makes no warranties of any kind, expressed or implied for
the Services. Bunniehost disclaims any warranty of merchantability or fitness
for a particular purpose, including loss of data resulting from delays,
delivery failures, wrong deliveries, and any and all service interruptions
caused by Bunniehost or our employees.
Backups and Data
Loss
Your use of the Services is at your sole risk. Bunniehost’s backup
service runs once a night and overwrites any of our previous backups. Only one
night of backups are kept at a time. This service is provided only to shared
and reseller accounts as a courtesy and may be modified or terminated at any
time at Bunniehost’s sole discretion. Accounts larger than 20GB or
100,000 inodes WILL NOT be included in nighly backups. Bunniehost is
not responsible for files and/or data residing on your account. You agree to
take full responsibility for all files and data transferred and to maintain all
appropriate backup of files and data stored on Bunniehost’s servers.
Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN
THIS SECTION, Bunniehost AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND
LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. Bunniehost AND OUR
AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS
OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR
COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION PROVIDED THROUGH THE SERVICES. Bunniehost AND OUR AFFILIATES,
EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY
DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR
FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS
SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Disclosure to Law
Enforcement
Bunniehost may disclose User information to law enforcement agencies
without further consent or notification to the User upon lawful request from
such agencies. We cooperate fully with law enforcement agencies.
Entire Agreement.
This Agreement, including documents incorporated herein by reference,
supersedes all prior discussions, negotiations and agreements between the
parties with respect to the subject matter hereof, and this Agreement
constitutes the sole and entire agreement between the parties with respect to
the matters covered hereby.
Headings.
The headings herein are for convenience only and are not part of this
Agreement.
Changes to the
Agreement or the Services
Bunniehost may modify, add, or delete portions of this Agreement at any
time. If we have made significant changes to this Agreement, we will post a
notice on the Bunniehost website for at least thirty (30) days after the
changes are posted and will indicate at the bottom of this Agreement the date
of the last revision. Any revisions to this Agreement will become effective
when posted unless otherwise provided. You agree to any modification to this
Agreement by continuing to use the Services after the effective date of any
such modification.
Bunniehost reserves the right to modify, change, or discontinue any
aspect of the Services at any time.
Severability
If any provision or portion of any provision of this Agreement is found
to be illegal, invalid or unenforceable by a court of competent jurisdiction,
the remaining provisions or portions (unless otherwise specified) thereof shall
remain in full force and effect.
Waiver
No failure or delay by you or Bunniehost to exercise any right or remedy
hereunder shall operate as a waiver thereof, nor shall any single or partial
exercise of any right or remedy preclude any other or further exercise of any
right or remedy. No express waiver of, or assent to, any breach of or default
in any term or condition of this Agreement by any party hereto shall constitute
a waiver of, or an assent to, any succeeding breach of or default in the same
or any other term or condition hereof.
Assignment;
Successors
You may not assign or transfer this Agreement or any of your rights or
obligations hereunder, without the prior written consent of Bunniehost. Any
attempted assignment in violation of this Agreement shall be null and void and
of no force or effect whatsoever. Bunniehost may assign our rights and
obligations under this Agreement, and may engage subcontractors or agents in
performing our duties and exercising our rights hereunder, without the consent
of User. This Agreement shall be binding upon and shall inure to the benefit of
the parties hereto and their respective successors and permitted assigns.
Force Majeure
Neither party is liable for any default or delay in the performance of
any of its obligations under this Agreement (other than failure to make
payments when due) if such default or delay is caused, directly or indirectly,
by forces beyond such party’s reasonable control, including, without
limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or
terrorism, interruptions of transportation or communications, supply shortages
or the failure of any third party to perform any commitment relative to the
production or delivery of any equipment or material required for such party to
perform its obligations hereunder.
Third-Party
Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in
this Agreement is intended, nor shall anything herein be construed to confer
any rights in any person other than the parties hereto and their respective
successors and permitted assigns. Notwithstanding the foregoing, user
acknowledges and agrees that any supplier of a third-party product or service
that is identified as a third-party beneficiary in the service description, is
an intended third-party beneficiary of the provisions set forth in this
Agreement as they relate specifically to its products or services and shall
have the right to enforce directly the terms and conditions of this Agreement
with respect to its products or services against user as if it were a party to
this Agreement.B
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