Terms
And Conditions
You will find policies and agreements for services and
products available at ITech Gate Web
Hosting Ltd..
1.
OVERVIEW
This Universal Terms of
Service Agreement (this "Agreement") is entered into by and between ITech Gate Web Hosting Ltd, and you. and is
made effective as of the date of your use of this website ("Site") or the date
of electronic acceptance. This Agreement sets forth the general terms and
conditions of your use of the Site and the products and services purchased or
accessed through this Site (individually and collectively, the "Services"), and
is in addition to (not in lieu of) any specific terms and conditions that apply
to the particular Services. Whether you are simply
browsing or using this Site or purchase Services, your use of this Site and your
electronic acceptance of this Agreement signifies that you have read,
understand, acknowledge, and agree to be bound by this Agreement, along with
the following policies, including Privacy Policy and the applicable
product agreements, which are incorporated herein by reference:
The terms "we", "us" or "our"
shall refer to ITech Gate Web Hosting Ltd. The
terms "you", "your", "User" or "customer" shall refer to any individual or
entity who accepts this Agreement, has access to your account or uses the
Services. Nothing in this Agreement shall be deemed to confer any third-party
rights or benefits. ITech Gate Web Hosting Ltd. may,
in its sole and absolute discretion, change or modify this Agreement, and any
policies or agreements which are incorporated herein, at any time, and such
changes or modifications shall be effective immediately upon posting to this
Site. Your use of this Site or the Services after such changes or modifications
have been made shall constitute your acceptance of this Agreement as last
revised. If you do not agree to be bound by this Agreement as last revised, do
not use (or continue to use) this Site or the Services. In addition, ITech Gate Web Hosting Ltd may occasionally notify
you of changes or modifications to this Agreement by email. It is therefore
very important that you keep your shopper account ("Account") information
current. ITech Gate Web Hosting Ltd. assumes
no liability or responsibility for your failure to receive an email
notification if such failure results from an inaccurate email address.
2. ELIGIBILITY; AUTHORITY
This Site and the Services are
available only to Users who can form legally binding contracts under applicable
law. By using this Site or the Services, you represent and warrant that
you are (i) at least eighteen (18) years of age,
(ii) otherwise recognized as being able to form legally binding contracts under
applicable law, and (iii) are not a person barred from purchasing or receiving
the Services found under the laws of the Cyprus or other applicable
jurisdiction. If you are entering into this Agreement on behalf of a corporate
entity, you represent and warrant that you have the legal authority to bind
such corporate entity to the terms and conditions contained in this Agreement,
in which case the terms "you", "your", "User" or "customer" shall refer to
such corporate entity. If, after your electronic acceptance of this
Agreement, ITech Gate Web Hosting Ltd. finds
that you do not have the legal authority to bind such corporate entity, you
will be personally responsible for the obligations contained in this Agreement,
including, but not limited to, the payment obligations. ITech Gate Web Hosting Ltd shall not be liable for
any loss or damage resulting from ITech Gate Web Hosting Ltd"s reliance on any instruction, notice, document or
communication reasonably believed by ITech Gate Web Hosting Ltd to be genuine and originating from an authorized
representative of your corporate entity. If there is reasonable doubt about the
authenticity of any such instruction, notice, document
or communication, ITech Gate Web Hosting Ltd.
Reserves the right (but undertakes no duty) to require additional
authentication from you. You further agree to be bound by the terms of this
Agreement for transactions entered into by you, anyone
acting as your agent and anyone who uses your account or the Services, whether
or not authorized by you.
3. ACCOUNTS; TRANSFER OF DATA
ABROAD
Accounts. In
order to access some of the features of this Site or use some of the
Services, you will have to create an Account. You represent and warrant
to ITech Gate Web Hosting Ltd. that all
information you submit when you create your Account is accurate, current and complete,
and that you will keep your Account
information accurate, current and complete. If ITech Gate Web Hosting Ltd has reason to believe that your Account information
is untrue, inaccurate, out-of-date or
incomplete, ITech Gate Web Hosting Ltd. reserves
the right, in its sole and absolute discretion, to suspend or terminate your
Account. You are solely responsible for the activity that occurs on your
Account, whether authorized by you or not, and you must keep your Account
information secure, including without limitation your customer number/login,
password, Payment Method(s) (as defined below). For security purposes, ITech Gate Web Hosting Ltd recommends that you change
your password at least once every six (6) months for each Account. You must
notify ITech Gate Web Hosting Ltd. immediately
of any breach of security or unauthorized use of your Account. ITech Gate Web Hosting Ltd will not be liable for any
loss you incur due to any unauthorized use of your Account. You, however, may
be liable for any loss ITech Gate Web Hosting Ltd or others incur caused by your Account, whether caused by you, or by
an authorized person, or by an unauthorized person.
Transfer of Data Abroad. If you are
visiting this Site from a country other than the country in which our servers
are located, your communications with us may result in the transfer of
information (including your Account information) across international
boundaries. By visiting this Site and communicating electronically with us, you
consent to such transfers.
4. AVAILABILITY OF
WEBSITE/SERVICES
Subject to the terms and
conditions of this Agreement and our other policies and procedures, we shall
use commercially reasonable efforts to attempt to provide this Site and the
Services on a twenty-four (24) hours a day, seven (7) days a week basis. You
acknowledge and agree that from time to time this Site may be inaccessible or
inoperable for any reason including, but not limited to, equipment
malfunctions; periodic maintenance, repairs or
replacements that we undertake from time to time; or causes beyond our
reasonable control or that are not reasonably foreseeable including, but
not limited to, interruption or failure of telecommunication or digital
transmission links, hostile network attacks, network congestion or other
failures. You acknowledge and agree that we have no control over the
availability of this Site or the Service on a continuous or uninterrupted
basis, and that we assume no liability to you or any other party with regard
thereto. From time to time, ITech Gate Web
Hosting Ltd. may offer new Services (limited preview services or new
features to existing Services) in a pre-release version. New Services, new
features to existing Services or limited preview services shall be known,
individually and collectively, as "Trial Services". If you elect to use any
Trial Services, then your use of the Trial Services is subject to the following
terms and conditions: (i) You acknowledge and agree
that the Trial Services are pre-release versions and may not work properly;
(ii) You acknowledge and agree that your use of the Trial Services may expose
you to unusual risks of operational failures; (iii) The Trial Services are
provided AS-IS, so we do not recommend using them in production or mission
critical environments; (iv) ITech Gate Web
Hosting Ltd. reserves the right to modify, change, or discontinue any
aspect of the Trial Services at any time; (v) Commercially released versions of
the Trial Services may change substantially, and programs that use or run with
the Trial Services may not work with the commercially released versions or
subsequent releases; (vi) ITech Gate Web Hosting
Ltd. may limit availability of customer service support time dedicated to
support of the Trial Services; (vii) You acknowledge and agree to provide
prompt feedback regarding your experience with the Trial Services in a form
reasonably requested by us, including information necessary to enable us to
duplicate errors or problems you experience. You acknowledge and agree that we
may use your feedback for any purpose, including product development purposes.
At our request you will provide us with comments that we may use publicly for
press materials and marketing collateral. Any intellectual property inherent in
your feedback or arising from your use of the Trial Services shall be owned
exclusively by ITech Gate Web Hosting Ltd.;
(viii) You acknowledge and agree that all information regarding your use of the
Trial Services, including your experience with and opinions regarding the Trial
Services, is confidential, and may not be disclosed to a third party or used
for any purpose other than providing feedback to ITech Gate Web Hosting Ltd; (ix) The Trial Services are provided "as is", "as
available", and "with all faults". To the fullest extent permitted by
law, ITech Gate Web Hosting Ltd. disclaims any and
all warranties, statutory, express or implied, with
respect to the Trial Services including, but not limited to, any implied
warranties of title, merchantability, fitness for a particular purpose and
non-infringement. You acknowledge and agree that you have the necessary rights
and permissions to share all information necessary to provide the Services
with ITech Gate Web Hosting Ltd.
You acknowledge and agree that the Services may be provided by independent
contractors or third-party service providers. All paid support
services are non-refundable.
5. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
1. Your use of this Site and
the Services, including any content you submit, will comply with this Agreement
and all applicable local, state, national and international laws, rules and
regulations.
2. You will not collect
or harvest (or permit anyone else to collect or harvest) any User Content (as
defined below) or any non-public or personally identifiable information about
another User or any other person or entity without their express prior written
consent.
3. You will not use this
Site or the Services in a manner (as determined by ITech
Gate Web Hosting Ltd. in its sole and absolute discretion) that:
1. Is illegal, or
promotes or encourages illegal activity;
2. Promotes, encourages
or engages in child pornography or the exploitation of children;
3. Promotes, encourages
or engages in terrorism, violence against people, animals, or property;
4. Promotes, encourages
or engages in any spam or other unsolicited bulk email, or computer or network
hacking or cracking;
5. Promotes, encourages
or engages in the sale or distribution of prescription medication without a
valid prescription;
6. Infringes on the
intellectual property rights of another User or any other person or entity;
7. Violates the privacy
or publicity rights of another User or any other person or entity, or breaches
any duty of confidentiality that you owe to another User or any other person or
entity;
8. Interferes with the
operation of this Site or the Services found at this Site;
9. Contains or installs
any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code,
files or programs designed to, or capable of, using many resources, disrupting,
damaging or limiting the functionality of any software
or hardware; or
10. Contains false or
deceptive language, or unsubstantiated or comparative claims, regarding ITech
Gate Web Hosting Ltd. or ITech Gate Web Hosting Ltd."s Services.
4. You will not copy or
distribute in any medium any part of this Site or the Services, except where
expressly authorized by ITech Gate Web Hosting Ltd..
5. You will not modify or
alter any part of this Site or the Services found at this Site or any of its
related technologies.
6. You will not
access ITech Gate Web Hosting Ltd. Content
(as defined below) or User Content through any technology or means other than
through this Site itself, or as ITech Gate Web
Hosting Ltd. may designate.
7. You agree to back-up all of your User
Content so that you can access and use it
when needed. ITech Gate Web Hosting Ltd. does
not warrant that it backs-up any Account or User Content, and you agree to
accept as a risk the loss of any and all of your User
Content.
8. You will not re-sell
or provide the Services for a commercial purpose, including any of ITech Gate Web
Hosting Ltd."s related technologies,
without ITech Gate Web Hosting Ltd.'s express
prior written consent.
9. You agree to provide
government-issued photo identification and/or government-issued business
identification as required for verification of identity when requested.
10. You are aware
that ITech Gate Web Hosting Ltd. may from
time-to-time call you about your account. You will be informed about such
recording, purposes thereof, as well as any other information will be provided
to you as required by applicable law. You further acknowledge and agree that,
to the extent permitted by applicable law, any such recording(s) may be
submitted as evidence in any legal proceeding, in which ITech Gate Web Hosting
Ltd. is a party.
ITech Gate
Web Hosting Ltd. reserves the right to modify, change, or discontinue any
aspect of this Site or the Services, including without limitation prices and
fees for the same, at any time.
6. YOUR USE OF ITech Gate Web Hosting
Ltd. CONTENT AND USER CONTENT
In addition to the general rules
above, the provisions in this Section apply specifically to your use of ITech
Gate Web Hosting Ltd. Content and User Content
posted to ITech Gate Web Hosting Ltd."s corporate
websites (i.e., those sites which ITech Gate Web
Hosting Ltd. directly controls or maintains). The applicable provisions
are not intended to and do not have the effect of transferring any
ownership or licensed rights (including intellectual property rights) you may
have in content posted to your hosted websites. ITech
Gate Web Hosting Ltd. Content. Except for User Content, the content on
this Site and the Services, including without limitation the text, software,
scripts, source code, API, graphics, photos, sounds, music, videos and
interactive features and the trademarks, service marks and logos contained
therein ("ITech Gate Web Hosting Ltd. Content"),
are owned by or licensed to ITech Gate Web
Hosting Ltd. in perpetuity, and are subject to copyright, trademark,
and/or patent protection in the Cyprus and foreign countries, and other
intellectual property rights under Cyprus and foreign laws. ITech Gate Web
Hosting Ltd. Content is provided to you
"as is", "as available" and "with all faults" for your information and
personal, non-commercial use only and may not be downloaded, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any purposes whatsoever without the express prior
written consent of ITech Gate Web Hosting Ltd.. No right
or license under any copyright, trademark,
patent, or other proprietary right or license is granted by this
Agreement. ITech Gate Web Hosting Ltd. reserves
all rights not expressly granted in and to the ITech
Gate Web Hosting Ltd. Content, this Site and the Services, and this
Agreement do not transfer ownership of any of these rights.
User Content. Some of the
features of this Site or the Services may allow Users to view, post, publish,
share, store, or manage (a) ideas, opinions, recommendations, or advice ("User
Submissions"), or (b) literary, artistic, musical, or other content, including
but not limited to photos and videos (together with User Submissions, "User
Content"). User Content includes all content submitted through your Account. By
posting or publishing User Content to this Site or to the Services, you
represent and warrant to ITech Gate Web Hosting
Ltd. that (i) you have all necessary rights to
distribute User Content via this Site or via the Services, either because you
are the author of the User Content and have the right to distribute the same,
or because you have the appropriate distribution rights, licenses, consents,
and/or permissions to use, in writing, from the copyright or other owner of the
User Content, and (ii) the User Content does not violate the rights of any
third party.
Security. You agree not to
circumvent, disable or otherwise interfere with the
security-related features of this Site or the Services found at this Site
(including without limitation those features that prevent or restrict use or
copying of any ITech Gate Web Hosting Ltd. Content
or User Content) or enforce limitations on the use of this Site or the Services
found at this Site, the ITech Gate Web Hosting Ltd.Content or the User Content therein.
7. ITECH GATE WEB HOSTING LTD.'S
USE OF USER CONTENT
The provisions in this Section
apply specifically to ITech Gate Web Hosting
Ltd."s use of User Content posted to ITech
Gate Web Hosting Ltd."s corporate websites (i.e., those sites which ITech
Gate Web Hosting Ltd. directly controls or
maintains). The applicable provisions are not intended to and do not have the effect
of transferring any ownership or licensed rights (including intellectual
property rights) you may have in content posted to your hosted websites.
Generally. You shall be solely
responsible for any and all of your User Content or
User Content that is submitted through your Account, and the consequences of,
and requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree
that:
1. Your User Submissions
are entirely voluntary.
2. Your User Submissions
do not establish a confidential relationship or obligate ITech Gate Web Hosting
Ltd. to treat your User
Submissions as confidential or secret.
3. ITech
Gate Web Hosting Ltd. has no obligation, either express or implied, to
develop or use your User Submissions, and no compensation is due to you or to
anyone else for any intentional or unintentional use of your User
Submissions.
4. ITech
Gate Web Hosting Ltd. may be working on the same or similar content, it
may already know of such content from other sources, it may simply wish to
develop this (or similar) content on its own, or it may have taken / will take
some other action.
ITech Gate
Web Hosting Ltd. shall own exclusive rights (including all intellectual
property and other proprietary rights) to any User Submissions posted to this Site, and
shall be entitled to the unrestricted use and
dissemination of any User Submissions posted to this Site for any purpose,
commercial or otherwise, without acknowledgment or compensation to you or to
anyone else.
With Respect to User Content
(Other Than User Submissions).
If you have a website or other
content hosted by ITech Gate Web Hosting Ltd.,
you shall retain all of your ownership or licensed
rights in User Content.
By posting or publishing User
Content to this Site or through the Services, you authorize ITech Gate Web
Hosting Ltd. to use the intellectual
property and other proprietary rights in and to your User Content to enable
inclusion and use of the User Content in the manner contemplated by this Site
and this Agreement. You hereby grant ITech Gate
Web Hosting Ltd. a worldwide, non-exclusive, royalty-free, sublicensable
(through multiple tiers), and transferable license to use, reproduce,
distribute, prepare derivative works of, combine with other works, display, and
perform your User Content in connection with this Site, the Services and ITech
Gate Web Hosting Ltd."s (and ITech Gate Web Hosting Ltd."saffiliates")
business(es), including without limitation for promoting and redistributing all
or part of this Site in any media formats and through any media channels
without restrictions of any kind and without payment or other consideration of
any kind, or permission or notification, to you or any third party. You also
hereby grant each User of this Site a non-exclusive license to access your User
Content (with the exception of User Content that you
designate "private" or "password protected") through this Site, and to use,
reproduce, distribute, prepare derivative works of, combine with other works,
display, and perform your User Content as permitted through the functionality
of this Site and under this Agreement. The above licenses granted by you in
your User Content terminate within a commercially reasonable time after you
remove or delete your User Content from this Site. You understand and agree,
however, that ITech Gate Web Hosting Ltd. may
retain (but not distribute, display, or perform) server copies of your User
Content that have been removed or deleted. The above licenses granted by you in
your User Content are perpetual and irrevocable. Notwithstanding anything to
the contrary contained herein, ITech Gate Web
Hosting Ltd. shall not use any User Content that has been designated
"private" or "password protected" by you for the purpose of promoting this Site
or ITech Gate Web Hosting Ltd."s (or ITech
Gate Web Hosting Ltd."s affiliates")
business(es).
8. MONITORING OF CONTENT;
ACCOUNT TERMINATION POLICY
ITech Gate
Web Hosting Ltd. generally does not pre-screen User Content (whether
posted to a website hosted by ITech Gate Web
Hosting Ltd. or posted to this Site). However, ITech
Gate Web Hosting Ltd. reserves the right (but undertakes no duty) to do so
and decide whether any item of User Content is appropriate and/or complies with
this Agreement. ITech Gate Web Hosting Ltd. may
remove any item of User Content (whether posted to a website hosted by ITech Gate
Web Hosting Ltd. or posted to this Site)
and/or terminate a User"s access to this Site or the Services found at
this Site for posting or publishing any material in violation of this
Agreement, or for otherwise violating this Agreement (as determined by ITech Gate
Web Hosting Ltd. in its sole and absolute
discretion), at any time and without prior notice. ITech
Gate Web Hosting Ltd. may also terminate a User"s access to this Site or
the Services found at this Site if ITech Gate
Web Hosting Ltd. has reason to believe the User is a repeat offender.
If ITech Gate Web Hosting Ltd. terminates
your access to this Site or the Services found at this Site, ITech Gate Web
Hosting Ltd. may, in its sole and
absolute discretion, remove and destroy any data and files stored by you on its
servers.
9. ADDITIONAL RESERVATION OF
RIGHTS
ITech Gate
Web Hosting Ltd. expressly reserves the right to deny, cancel, terminate,
suspend, lock, or modify access to (or control of) any Account or Services
(including the right to cancel or transfer any domain name registration) for
any reason (as determined by ITech Gate Web
Hosting Ltd. in its sole and absolute discretion), including but not
limited to the following: (i) to correct mistakes
made by ITech Gate Web Hosting Ltd. in
offering or delivering any Services (including any domain name registration),
(ii) to protect the integrity and stability of, and correct mistakes made by,
any domain name registry, (iii) to assist with our fraud and abuse detection
and prevention efforts, (iv) to comply with court orders against you and/or
your domain name or website and applicable local, state, national and
international laws, rules and regulations, (v) to comply with requests of law
enforcement, including subpoena requests, (vi) to comply with any dispute
resolution process, (vii) to defend any legal action or threatened legal action
without consideration for whether such legal action or threatened legal action
is eventually determined to be with or without merit, or (viii) to avoid any
civil or criminal liability on the part of ITech
Gate Web Hosting Ltd., its officers, directors, employees and agents, as well
as ITech Gate Web Hosting Ltd. "s
affiliates, including, but not limited to, instances where you have sued or
threatened to sue ITech Gate Web Hosting Ltd..
ITech Gate
Web Hosting Ltd. expressly reserves the right to terminate, without notice
to you, any and all Services where, in ITech Gate Web
Hosting Ltd.'s sole discretion, you are
harassing or threatening ITech Gate Web Hosting Ltd.and/or any of ITech Gate
Web Hosting Ltd.'s employees.
10. NO SPAM; LIQUIDATED
DAMAGES
No Spam. We do not tolerate
the transmission of spam. We monitor all traffic to and from our web servers
for indications of spamming. Customers suspected to be using our products and
services for the purpose of sending spam are fully investigated. If we
determine there is a problem with spam, we will take the appropriate action to
resolve the situation.
We define spam as the sending
of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or
Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as
an advertisement or otherwise, without first obtaining prior confirmed consent
to receive these communications. This can include, but is not limited to, the following:
1. Email Messages
2. Newsgroup postings
3. Windows system
messages
4. Pop-up messages (aka
"adware" or "spyware" messages)
5. Instant messages
(using AOL, MSN, Yahoo or other instant messenger
programs)
6. Online chat room
advertisements
7. Guestbook or Website
Forum postings
8. Facsimile
Solicitations
9. Text/SMS Messages
We will not allow our servers
and services to be used for the purposes described above. In order to use our
products and services, you must not only abide by all applicable laws and regulations
but you must also abide by this no spam policy.
Commercial advertising and/or bulk emails or faxes may only be sent to
recipients who have "opted-in" to receive messages. They must include a
legitimate return address and reply-to address, the sender's physical address,
and an opt-out method in the footer of the email or fax. Upon request by us,
conclusive proof of opt-in may be required for an email address or fax number.
If we determine the services
in question are being used in association with spam, we will re-direct,
suspend, or cancel any web site hosting, domain registration, email boxes or
other applicable services until customer responds. The registrant or customer
will be required to respond by email to us stating that they will cease to send
spam and/or have spam sent on their behalf. In the event we determine the abuse
has not stopped after services have been restored the first time, we may
terminate the hosting and email boxes associated with the domain name in
question.
We encourage all customers and
recipients of email generated from our products and services to report
suspected spam. Suspected abuse can be reported by email [email protected]
Liquidated Damages. You agree
that we may immediately terminate any Account which we believe, in our sole and
absolute discretion, is transmitting or is otherwise connected with any spam or
other unsolicited bulk email.
11. TRADEMARK AND/OR COPYRIGHT
CLAIMS
ITech Gate
Web Hosting Ltd. supports the protection of intellectual property. If you
would like to submit (i) a trademark claim for
violation of a mark on which you hold a valid, registered trademark or service
mark, or (ii) a copyright claim for material on which you hold a bona fide
copyright, please refer to ITech Gate Web
Hosting Ltd."s Trademark and/or Copyright Infringement Policy referenced
above and available here.
12. LINKS TO THIRD-PARTY
WEBSITES
This Site and the Services
found at this Site may contain links to third-party websites that are not owned
or controlled by ITech Gate Web Hosting Ltd.. ITech Gate Web Hosting
Ltd. assumes no responsibility for the content, terms and conditions,
privacy policies, or practices of any third-party websites. In addition, ITech
Gate Web Hosting Ltd. does not censor or edit
the content of any third-party websites. By using this Site or the Services
found at this Site, you expressly release ITech
Gate Web Hosting Ltd. from any and all liability
arising from your use of any third-party website. Accordingly, ITech Gate Web
Hosting Ltd. encourages you to be aware
when you leave this Site or the Services found at this Site and to review the
terms and conditions, privacy policies, and other governing documents of each
other website that you may visit.
13. DISCLAIMER OF
REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE
AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL
BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE
PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". ITECH GATE
WEB HOSTING LTD., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL
THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. ITECH GATE WEB HOSTING LTD., ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT
(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY,
COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS
SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE)
TO THIS SITE, AND ITECH GATE WEB HOSTING LTD. ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE
PROVIDED BY ITECH GATE WEB HOSTING LTD., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE
REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL
OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS
SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH
INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF
REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND
shall survive any termination or expiration of this
Agreement or your use of this Site or the Services found at this Site.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL ITECH GATE
WEB HOSTING LTD., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD
PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS,
OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY
SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY
OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY
NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR
ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER
INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF
SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES
LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX)
ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE,
HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR
OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS
A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND
WHETHER OR NOT ITECH GATE WEB HOSTING LTD. IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY
ACKNOWLEDGE AND agree that any cause of action arising out of or related to
this Site or the Services found at this Site must be commenced within one (1)
year after the cause of action accrues, otherwise such cause of action shall be
permanently barred.
IN ADDITION, You SPECIFICALLY
ACKNOWLEDGE AND agree that in no event shall ITech
Gate Web Hosting Ltd."s total aggregate liability exceed $10,000.00 U.S.
Dollars.
THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW,
AND shall survive any termination or expiration of this Agreement or
your use of this Site or the Services found at this Site.
15. INDEMNITY
You agree to protect, defend,
indemnify and hold harmless ITech Gate Web
Hosting Ltd. and its officers, directors, employees, agents, and third
party service providers from and against any and all claims, demands, costs,
expenses, losses, liabilities and damages of every kind and nature (including,
without limitation, reasonable attorneys" fees) imposed upon or incurred
by ITech Gate Web Hosting Ltd. directly or
indirectly arising from (i) your use of and access to
this Site or the Services found at this Site; (ii) your violation of any
provision of this Agreement or the policies or agreements which are
incorporated herein; and/or (iii) your violation of any third-party right,
including without limitation any intellectual property or other proprietary
right. The indemnification obligations under this section shall survive any
termination or expiration of this Agreement or your use of this Site or the
Services found at this Site.
16. DISCONTINUED SERVICES; END
OF LIFE POLICY
ITech Gate
Web Hosting Ltd. reserves the right to cease offering or providing any of
the Services at any time, for any or no reason, and without prior notice.
Although ITech Gate Web Hosting Ltd. makes
great effort to maximize the lifespan of all its Services, there are times when
a Service we offer will be discontinued or reach its End-of-Life
("EOL"). If that is the case, that product or service will no longer
be supported by ITech Gate Web Hosting Ltd., in
any way, effective on the EOL date.
Notice and Migration. In the event that any Service we
offer has reached or will
reach EOL, we will attempt to notify you thirty or more days in advance of the
EOL date. It is your responsibility to take all necessary steps to replace the
Service by migrating to a new Service before the EOL date, or by entirely
ceasing reliance on said Service before the EOL date. In either case, ITech Gate
Web Hosting Ltd. will either offer a
comparable Service for you to migrate to for the remainder of the term of your
purchase, a prorated in-store credit, or a prorated refund, to be determined
by ITech Gate Web Hosting Ltd. in its sole
and absolute discretion. ITech Gate Web Hosting
Ltd. may, with or without notice to you, migrate you to the most
up-to-date version of the Service, if available. You agree to take full
responsibility for any and all loss or damage arising
from any such migration.
No Liability. ITech
Gate Web Hosting Ltd. will not be liable to you or any third party for any
modification, suspension, or discontinuance of any of the Services we may offer
or facilitate access to.
17. FEES AND PAYMENTS
You acknowledge and agree that
your Payment Method will be charged and processed by ITech
Gate Web Hosting Ltd. International Ltd.
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
You agree to pay any and all prices and fees
due for Services purchased or
obtained at this Site at the time you order the Services. All prices and fees
are non-refundable unless otherwise expressly noted in the Refund Policy
section below, even if your Services are suspended, terminated, or transferred
prior to the end of the Services term. ITech
Gate Web Hosting Ltd. expressly reserves the right to change or modify its
prices and fees at any time, and such changes or modifications shall be posted
online at this Site and effective immediately without need for further notice
to you. If you have purchased or obtained Services for a period of months or
years, changes or modifications in prices and fees shall be effective when the
Services in question come up for renewal as further described below. Except as
prohibited in any product-specific agreement, you may pay for Services by
utilizing any of the following "Payment Methods": (i)
by providing a valid credit card, (ii) by using PayPal (as defined below), or
(iii) via in-store credit balances, if applicable (and as defined below), each
a "Payment Method". For Services that offer "Express Checkout", clicking the
Express Checkout button will automatically place an order for that Service and
charge the primary Payment Method on file for your Account. Confirmation of that
order will be sent to the email address on file for your Account. Your Payment
Method on file must be kept valid if you have any active Services in your
Account. You acknowledge and agree that where refunds are issued to your
Payment Method, ITech Gate Web Hosting Ltd.'s issuance
of a refund receipt is only confirmation that ITech
Gate Web Hosting Ltd. has submitted your refund to the Payment Method
charged at the time of the original sale, and that ITech
Gate Web Hosting Ltd. has absolutely no control over when the refund will
be applied towards your Payment Method"s available balance. You further
acknowledge and agree that the payment provider and/or individual issuing bank
associated with your Payment Method establish and regulate the time frames for
posting your refund, and that such refund posting time frames may range from
five (5) business days to a full billing cycle, or longer. In the event a
refund is issued to your Payment Method and the payment provider, payment
processor or individual issuing bank associated with your Payment Method
imposes any limitations on refunds, including but not limited to, limitations
as to the timing of the refund or the number of refunds allowed, then ITech Gate
Web Hosting Ltd., in its sole and absolute
discretion, reserves the right to issue the refund in the form of an in-store
credit. ITech Gate Web Hosting Ltd. also
has the right, but not the obligation, to offer an in-store credit for
customers seeking refunds, even if there are no limitations on refunds imposed
by the Payment Method. For the avoidance of doubt, any and
all refunds processed via the issuance of in-store creditsare solely within ITech
Gate Web Hosting Ltd."s discretion and are not available at customer
request. In order to ensure that you do not experience
an interruption or loss of Services, most Services offer an automatic renewal
option. The automatic renewal option automatically renews the applicable
Service for a renewal period equal in time to the most recent service period,
except for domain names which will renew for the original service period. For
example, for products other than domains, if your last service period is
for one year, your renewal period will be for one year. While the details of
the automatic renewal option vary from Service to Service, the Services that
offer an automatic renewal option treat it as the default setting. Therefore, unless
you disable the automatic renewal option, ITech
Gate Web Hosting Ltd. will automatically renew the applicable Service when
it comes up for renewal and will take payment from the Payment Method you have
on file with ITech Gate Web Hosting Ltd. at ITech Gate Web Hosting Ltd."s then current rates,
which you acknowledge and agree may be higher or lower than the rates for the
original service period. In order to see the renewal
settings applicable to you and your Services, simply log into your members area
and find the respective account. You may enable or disable the automatic
renewal option at any time. However, should you elect to disable the automatic
renewal option and fail to manually renew your Services before they expire, you
may experience an interruption or loss of Services, and ITech Gate Web Hosting
Ltd. shall not be liable to you
or any third party regarding the same. In addition, ITech
Gate Web Hosting Ltd. may participate in "recurring billing programs" or
"account updater services" supported by your credit card provider (and
ultimately dependent on your bank"s participation). If you are enrolled in an
automatic renewal option and we are unable to successfully charge your existing
Payment Method, your credit card provider (or your bank) may notify us of
updates to your credit card number and/or expiration date, or they may automatically
charge your new credit card on our behalf without notification to us. In
accordance with recurring billing program requirements, in
the event that we are notified of an update to your credit card number
and/or expiration date, ITech Gate Web Hosting
Ltd. will automatically update your payment profile on your behalf. ITech
Gate Web Hosting Ltd. makes no guarantees that
we will request or receive updated credit card information. You acknowledge and
agree that it is your sole responsibility to modify and maintain your Account
settings, including but not limited to (i) setting
your renewal options and (ii) ensuring your associated Payment Method(s) are
current and valid. Further, you acknowledge and agree that your failure to do
so, may result in the interruption or loss of Services, and ITech Gate Web
Hosting Ltd. shall not be liable to you
or any third party regarding the same. If for any reason ITech Gate Web Hosting
Ltd. is unable to charge your
Payment Method for the full amount owed for the Services provided, or if ITech
Gate Web Hosting Ltd. receives notification of a
chargeback, reversal, payment dispute, or is charged a penalty for any fee it
previously charged to your Payment Method, you agree that ITech Gate Web Hosting
Ltd. may pursue all available
lawful remedies in order to obtain payment, including but not limited to,
immediate cancellation, without notice to you, of any domain names or Services
registered or renewed on your behalf. ITech Gate
Web Hosting Ltd. also reserves the right to charge you reasonable
"administrative fees" or "processing fees" for (i)
tasks ITech Gate Web Hosting Ltd. may
perform outside the normal scope of its Services, (ii) additional time and/or
costs ITech Gate Web Hosting Ltd. may incur
in providing its Services, and/or (iii) your noncompliance with this Agreement
(as determined by ITech Gate Web Hosting Ltd. in
its sole and absolute discretion). Typical administrative or processing fee
scenarios include, but are not limited to (i)
customer service issues that require additional personal time or attention;
(ii) UDRP actions(s) in connection with your domain name(s) and/or disputes
that require accounting or legal services, whether performed by ITech Gate Web
Hosting Ltd. staff or by outside firms
retained by ITech Gate Web Hosting Ltd.; (iii)
recouping any and all costs and fees, including the cost of Services, incurred
by ITech Gate Web Hosting Ltd. as the
results of chargebacks or other payment disputes brought by you, your bank or
Payment Method processor. These administrative fees or processing fees will be
billed to the Payment Method you have on file with ITech
Gate Web Hosting Ltd.. ITech
Gate Web Hosting Ltd. may offer product-level pricing in various
currencies; however, transaction processing is supported only in U.S.
dollars and a select number of the currency options displayed on this Site
("Supported Currency" or "Supported Currencies"). If the currency
selected is a Supported Currency, then the transaction will be processed in the
Supported Currency and the pricing displayed during the checkout process will
be the actual amount processed and submitted to your bank for payment. If the
currency selected is not a Supported Currency, then the transaction will
be processed in U.S. dollars and the pricing displayed during the checkout
process will be an estimated conversion price at the time of purchase. In
either case (whether the currency selected is a Supported Currency or not), if
the transaction is processed in a currency that differs from the currency of
your bank account, you may be charged exchange rate conversion fees by your
bank. In addition, due to time differences between (i)
the time you complete the checkout process, (ii) the time the transaction is
processed, and (iii) the time the transaction posts to your bank statement, the
conversion rates may fluctuate, and ITech Gate
Web Hosting Ltd. makes no representations or warranties that (a) the
amount submitted to your bank for payment will be the same as the amount posted
to your bank statement (in the case of a Supported Currency) or (b) the
estimated conversion price will be the same as either the amount processed or
the amount posted to your bank statement (in the case of a non-Supported
Currency), and you agree to waive any and all claims based upon such
discrepancies (including any and all claims for a refund based on the
foregoing). In addition, regardless of the selected currency, you acknowledge
and agree that you may be charged Value Added Tax ("VAT"), Goods and
Services Tax ("GST"), or other localized fees and/or taxes, based on
your bank and/or the country indicated in your billing address section.
Refund Policy: Products and
Services available for refunds are described here ("Refund
Policy"). For products and services eligible for a refund, you may request a
full refund within thirty (30) days of purchase ("Refund Period"). For refunds
requested after the Refund Period, an in-store credit will be issued for any
unused time remaining on your plan. Unused time will be calculated as the
number of months remaining on the purchase term excluding the month in which
the refund is requested. In the event you purchase a product that includes a
free domain name, if you cancel the product, the list price for the domain name
will be deducted from the refund amount. The list price is the price of the
domain name listed on ITech Gate Web Hosting
Ltd."s website and is not subject to any promotion, discount, or other
reduction in price.
In no event will you be
eligible for more than one refund of the same product.
(B) PAY BY PAYPAL
By using ITech Gate Web Hosting
Ltd."s pay
by PayPal payment option ("PayPal"), you can purchase Services using PayPal. In
connection therewith, you agree to allow PayPal to debit the full amount of
your purchase from your PayPal account ("PayPal Account") or from credit
card(s), bank account(s), or other allowed payment method(s) linked to your
PayPal Account ("PayPal Funding Source").
It is your responsibility to
keep your PayPal Account and PayPal Funding Source current and funded, and your
PayPal Account backed by a valid credit card. You acknowledge and agree that (i)
PayPal reserves the right to decline a transaction for
any reason (including, but not limited to, payments that fail to go through as a result
of your PayPal Account or PayPal Funding Source
no longer existing or not holding available/sufficient funds) and (ii) in such
event, neither PayPal nor ITech Gate Web Hosting
Ltd. shall be liable to you or any third party regarding the same. If for
any reason PayPal is unable to withdraw the full amount owed for your purchase,
you agree that PayPal and ITech Gate Web Hosting
Ltd. may pursue all available lawful remedies in order
to obtain payment. You agree that if the transaction is returned unpaid,
you will pay a service charge of $25.00 or the maximum amount allowed by law,
which may be debited from your PayPal Account or PayPal Funding Source.
By clicking the box labeled "I
agree" to the terms of the PayPal payment option, you authorize a debit of the
full amount of your purchase from your PayPal Account or PayPal Funding Source.
(C) INTERNATIONAL PAYMENT OPTIONS
ITech Gate
Web Hosting Ltd. offers a variety of alternative international payment
options through a variety of International Payment Providers ("IPP"). In the
event you select an IPP, you represent that you have already agreed to any and
all of the IPP"s applicable customer service agreements in advance of
completing your transaction at ITech Gate Web
Hosting Ltd.. You also agree to allow the IPP to debit
the full amount of your purchase from the selected bank account, e-wallet
account (including credit card(s), bank account(s), or other allowed payment
method(s) linked to your e-wallet account) or any other type of account
associated with the selected IPP (including but not limited to, prepaid cards
and mobile payments), collectively "Funding Sources". In addition, you agree to
allow the selected IPP to debit, if applicable, an "Exchange Rate Conversion
Fee", as well as any other fees or charges applicable to your agreement with
the IPP (collectively, the "IPP Fees"), from your Funding Sources. You understand
and agree that IPP Fees are subject to change at any time by the IPP without
notice to you by ITech Gate Web Hosting Ltd..
It is your responsibility to
keep your Funding Sources current and funded. You acknowledge and agree that (i) the
IPP reserves the right to decline a transaction for
any reason (including, but not limited to, payments that fail to go through as a result
of your Funding Sources no longer existing or
not holding available/sufficient funds) and (ii) in such event, neither the IPP
nor ITech Gate Web Hosting Ltd. shall be liable
to you or any third party regarding the same. You acknowledge that ITech Gate Web
Hosting Ltd. will not attempt to
fulfill the Services purchased by you until ITech
Gate Web Hosting Ltd. receives confirmation of payment from the IPP
through its associated payment processor. You acknowledge there may be a gap of
several hours or days between the time you place an order and the time the IPP
confirms payment through its associated payment processor. If ITech Gate Web
Hosting Ltd. does not receive
confirmation of payment from the IPP through its associated payment processor
within thirty (30) days from when the order is placed, your order may be
cancelled, at which time you will need to commence the purchase process again. In the event
that you would like to cancel payment for a
pending transaction, you may cancel the order through your ITech Gate Web Hosting
Ltd. account. Payments received
on previously cancelled orders will be automatically refunded to the original
Payment Method when possible.
If, at the time ITech Gate Web Hosting
Ltd. receives confirmation of
payment from the IPP (through its associated payment processor), either (i) the
Services (including domain names) are no longer
available for purchase; or (ii) a pending order has been cancelled in our
systems; or (iii) the confirmation of payment does not match the dollar amount
of the pending order, and as a result your purchase is either over-funded or
under-funded, ITech Gate Web Hosting Ltd. may
automatically issue a partial refund (in the case of over-funding) or a full
refund (in the case of under-funding) to your Funding Source. If the IPP (or
its associated payment processor) imposes refund limitations of any kind, ITech
Gate Web Hosting Ltd. reserves the right to
issue refunds to an in-store credit balance. If you receive a full refund, you
will need to begin the purchase process again. You acknowledge and agree that
the IPP reserves the right not to refund IPP Fees associated with a refunded
transaction. Accordingly, any refunds issued by ITech
Gate Web Hosting Ltd. will be net of the IPP Fees unless otherwise
specified.
(D) IN-STORE CREDIT BALANCES
In the
event that your Account contains an in-store credit balance, you may apply
any available credit balance to any future purchase in your Account. In the event that
your Account contains an in-store credit
balance, you hereby authorize ITech Gate Web
Hosting Ltd. to apply any available credit balance to any outstanding
administrative fees, chargebacks or other fees related to your Account. In the event
that your default Payment Method fails for an
automated billing in connection with the processing of any Service
renewals, ITech Gate Web Hosting Ltd. may
utilize any available in-store credit balance if there are enough funds to
cover the entire transaction. Regardless of the amount of in-store credit
available in your account, ITech Gate Web
Hosting Ltd.is not responsible for the loss of products resulting from an
inability to collect funds from your default Payment Methods or the in-store
credit. In-store credits will be applied based on the currency selected in the
shopping cart at the time of purchase (or renewal). If you have more than one
in-store credit, then the credits will be processed according to the age of the
credit, with the oldest in-store credit being applied first. If additional
funds are required to complete the purchase or renewal, credits held in a
non-selected currency will be converted using ITech
Gate Web Hosting Ltd."s daily exchange rate based on the age of the credit
(oldest to newest) until (i) enough funds are
allocated to complete the transaction, or (ii) there is no available balance
left in your account. You understand and agree that at the time of
conversion, ITech Gate Web Hosting Ltd. may
also impose an additional administrative fee to compensate for the risks and
costs associated with providing currency conversion services.
You can verify your available
in-store credit balance at any time by logging into "Manage Your Account" or
through the shopping cart on the ITech Gate Web
Hosting Ltd. website. You acknowledge that in-store credit balances are
non-transferrable, may only be used in the Account in which they were acquired
and may expire. Complimentary in-store credits will expire two years after
issuance. In the event that ITech
Gate Web Hosting Ltd. terminates your Account, you acknowledge and agree
that any remaining available in-store credit balance will be forfeited.
You also acknowledge that
funds available in your in-store credit balance will be held by ITech Gate Web
Hosting Ltd. and will not accrue or pay
interest for your behalf. To the extent any interest may accrue, you understand
and agree that ITech Gate Web Hosting Ltd. shall
be entitled to receive and keep any such amounts to cover costs associated with
supporting the in-store credit balance functionality.
(E) Cryptocurrencies, tokens and
digital assets
Unless stated otherwise,
following words refer to blockchain-based software ledger data entries:
"digital asset", "asset", "coin",
"cryptocurrency", "ledger entry", "altcoin" and
"token".
ITech Gate
Web Hosting Ltd. offers a variety of cryptocurrencies, tokens
and digital assets payment options through a Cryptocurrency Payment Provider
("CPP"). In the event you select a CPP, you represent that you have already
agreed to any and all of the CPP"s applicable customer service agreements in
advance of completing your transaction at ITech
Gate Web Hosting Ltd.. If applicable, an "Exchange
Rate Conversion Fee", as well as "Transaction Fee" and any other fees
or charges applicable to your agreement with the CPP (collectively, the "CPP
Fees"), from your Funding Sources. You understand and agree that CPP Fees are
subject to change at any time by the CPP without notice to you by ITech Gate Web
Hosting Ltd..
You acknowledge and agree that
(i) the CPP reserves the right to decline a
transaction for any reason (including, but not limited to, payments that fail
to go through. In such event, neither the CPP nor ITech
Gate Web Hosting Ltd. shall be liable to you or any third party regarding
the same. You acknowledge that ITech Gate Web
Hosting Ltd. will not attempt to fulfill the Services purchased by you
until ITech Gate Web Hosting Ltd. receives
confirmation of payment from the IPP through its associated payment processor.
You acknowledge there may be a gap of several hours or days between the time
you place an order and the time the CPP confirms payment through its associated
payment processor. If ITech Gate Web Hosting
Ltd. does not receive confirmation of payment from the CPP through its
associated payment processor within thirty (30) days from when the order is
placed, your order may be cancelled, at which time you will need to commence
the purchase process again.
18. SUCCESSORS AND ASSIGNS
This Agreement shall be
binding upon and inure to the benefit of the parties hereto and their
respective heirs, successors and assigns.
19. NO THIRD-PARTY
BENEFICIARIES
Nothing in this Agreement
shall be deemed to confer any third-party rights or benefits.
20. COMPLIANCE WITH LOCAL LAWS
ITech Gate
Web Hosting Ltd. makes no representation or warranty that the content
available on this Site or the Services found at this Site are appropriate in
every country or jurisdiction, and access to this Site or the Services found at
this Site from countries or jurisdictions where its content is illegal is
prohibited. Users who choose to access this Site or the Services found at this
Site are responsible for compliance with all local laws, rules
and regulations.
21. GOVERNING LAW;
JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY
Except for disputes governed
by the Uniform Domain Name Dispute Resolution Policy referenced above and
available here, this Agreement shall be governed by and
construed in accordance with the federal law of Algeria. You agree to
waive the right to trial by jury in any action or proceeding that takes place
relating to or arising out of this Agreement.
22. TITLES AND HEADINGS;
INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of
this Agreement are for convenience and ease of reference only and shall not be
utilized in any way to construe or interpret the agreement of the parties as
otherwise set forth herein. Each covenant and agreement in this Agreement shall
be construed for all purposes to be a separate and independent covenant or
agreement. If a court of competent jurisdiction holds any provision (or portion
of a provision) of this Agreement to be illegal, invalid, or otherwise
unenforceable, the remaining provisions (or portions of provisions) of this
Agreement shall not be affected thereby and shall be found to be valid and
enforceable to the fullest extent permitted by law.