Hostgool Terms Of Service
(“Hostgool.com“) provides a collection of tools and resources to manage an online store, process orders and sell products or Services online and related professional and other services (collectively, the “Services“). The following are the terms and conditions for use of the Services (the “Terms“), along with any amendments thereto and any operating rules or policies that may be published from time to time by Hostgool.com.
- Services and Support
- The Services are provided subject to these Terms and any operating policies that Hostgool may establish (collectively, the “Agreement“). Hostgool may make changes to this Agreement, and continued use of any Services constitutes Customer’s acceptance of any such changes. In addition, when using particular Hostgool services, Customer and Hostgool shall be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time.
- The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
- The Services provides a collection of tools and resources to manage an online store, process orders and sell products and services online. In addition, the Services may include professional consulting services relating to your use of the Hostgool’s tools and resources.
- Customer must complete a registration form in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. As part of the registration process, Customer will identify an email address and password for Customer’s Hostgool account. Customer is responsible for maintaining the security of the Customer account, passwords, and files, and for all uses of Customer’s account and of the Services in Customer’s name. Hostgool reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
- Restrictions and Responsibilities
- This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (“Software“); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party without prior written agreement with Hostgool; or remove any proprietary notices or labels.
- Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Hostgool’s privacy policies as published below or otherwise furnished to Customer (the “Policy“) and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. Customer hereby agrees to indemnify and hold harmless Hostgool against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although Hostgool has no obligation to monitor the content provided by Customer or Customer’s use of the Services, Hostgool may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
- For every email message sent in connection with the Services, Customer acknowledges and agrees that the recipient has agreed to receive such communication and that Customer shall not engage in the act of sending unsolicited emails.
- In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information) to Hostgool. Hostgool may use this information and any technical information about Customer’s use of this web site to tailor its presentations to Customer, facilitate Customer’s movement through this web site, or communicate separately with Customer. Hostgool will not provide information to companies Customer has not authorized, and Hostgool will not permit the companies that get such information to sell and redistribute it without Customer’s prior consent.
- Customer may terminate this Agreement at any time by sending an email message to firstname.lastname@example.org.
- Hostgool may terminate this Agreement or the Services at any time in case of violating any of the policies with or without notice. Hostgool shall have no liability to Customer or any third party because of such termination.
- Hostgool have the right to terminate this agreement or the Service at any time if Customer used the service in selling or promoting any illegal products or services. Hostgool shall have no liability to Customer or any third party because of such termination.
- Hostgool have the right to terminate this agreement or the Service at any time if Customer used the service in selling or promoting porn or any indecent material or any material that may incite violence or defamation of religions. Hostgool shall have no liability to Customer or any third party because of such termination.
- Upon termination for any reason, Hostgool may delete any Customer archived data within 20 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, and limitations of liability.
- Payment and Renewal of Service
- Term of Service. The term of Customer’s subscription to the Services commences upon Customer’s acceptance of these Terms and terminates as set forth above.
- Payment. Customer agrees to pay all applicable fees for Services in effect at the time of registration, first use and/or renewal, subject to these Terms as same may be modified by Hostgool from time to time.
- Automatic Renewal of Account and/or Domain. As a courtesy and not as an obligation (contractual or otherwise), fourteen (14) days prior to the expiration of Customer’s hosting account, Hostgool may will automatically renew Customer’s hosting account, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Customer’s originally-selected method of payment. Likewise, as a courtesy and not as an obligation (contractual or otherwise), fourteen (14) days prior to the expiration of Customer’s domain, if registered with Hostgool (or one of its Affiliates), or if transferred to and registered with Hostgool (or one of its Affiliates), Hostgool may will automatically renew Customer’s domain, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Customer’s originally-selected method of payment. Customer acknowledges and confirms that the obligation to renew her/his/its account or domain is solely and exclusively the responsibility of the Customer, and is not the obligation (contractual or otherwise) of Hostgool. While consenting to Hostgool performance of said courtesy, Customer hereby releases Hostgool from all liability for its failure for any reason to renew said account or said domain. Customer acknowledges that there may be many reasons why Hostgool is unable to renew said account or domain, including but not limited to inability of Hostgool, for any reason, to bill said renewal to Customer’s credit card, to contact or otherwise get response from Customer at last known email address, or otherwise. Customer acknowledges that said account and/or domain, if not renewed, for whatever reason, will expire on the account or domain expiration date, as applicable.
- Cancellation of Automatic Renewal of Account or Domain. To cancel Automatic Account Renewal or Automatic Domain Renewal, Customer must notify Hostgool of Customer’s intent to cancel at least sixteen (16) days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to Hostgool, as applicable, by sending same via email to email@example.com. Hostgool agrees that on receipt of Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification under the conditions stated above, no additional charges will be billed to Customer, and Customer’s hosting account and/or domain, as applicable, shall expire on the account expiration date.
- Cancellations and Refunds. Hostgool does not provide a money back guarantee for new account registrations under any circumstances.
- Prohibited Offerings. No Customer may utilize the Services to provide, sell or offer to sell the following: replicas; controlled substances; alcoholic drinks; tobacco products; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
- Profanity. Profanity or profane subject matter in the site content and in the domain name are prohibited.
- Private Information and Images. Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).
- Violations of Intellectual Property Rights. Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Hostgool is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see “Copyright Infringement Notice Information” below).
- Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
- Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
- Hacking. “Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
- Anonymous Proxies. Hostgool does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
- Child Pornography. The use of the Services to store, post, display, transmit, sell, advertise or otherwise make available child pornography is prohibited. Hostgool is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
- Other Illegal Activities. The use of the Services to engage in any activity that is determined by Hostgool, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting, selling or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. Hostgool will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
- Backup Storage. Hostgool offers its Services to host e-commerce web sites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of Services without prior notice.
- Other Activities. Engaging in any activity that, in Hostgool’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Hostgool’s business, operations, reputation, goodwill, Customers and/or Customer relations, or the ability of Hostgool’s Customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Customer to cooperate with Hostgool in correcting or preventing violations of these Terms by, or that result from the activity of, a customer, patron, subscriber, invitee, visitor, or guest of the Customer constitutes a violation of these Terms by Customer.
- COPYRIGHT NOTICE INFRINGEMENT INFORMATION. In accordance with the Digital Millennium Copyright Act, Hostgool has adopted a policy that provides for termination of websites hosted by Hostgool that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Hostgool or an Hostgool subsidiary, and the copyright holder wants Hostgool to remove the website or disable the material in question, Hostgool will remove the website or disable the material if the copyright holder provides us with all of the following information:
- A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
- Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
- A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Backups. For its own operational efficiencies and purposes, Hostgool from time to time backs up data on its servers, but is under no obligation or duty to Customer to do so under these Terms. IT IS SOLELY CUSTOMER’S DUTY AND RESPONSIBILITY TO BACKUP CUSTOMER’S FILES AND DATA ON Hostgool SERVERS AND UNDER NO CIRCUMSTANCES WILL Hostgool BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY FOR LOSS OF CUSTOMER’S FILES AND/OR DATA ON ANY Hostgool SERVER.
- Governing Law. These terms shall be governed by the laws of the Arab Republic of Egypt without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of Hostgool, Customer agrees that all disputes, if any, involving Hostgool shall be subject exclusively to the jurisdiction of the Arab Republic of Egypt; provided, further, that all action brought against Hostgool in Court must be brought in Arab Republic of Egypt. Customer hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Hostgool. Customer hereby waives any and all objections that it has or might have, known or unknown, whether under Arab Republic of Egypt or otherwise, to the existence of said in personam jurisdiction. Customer agrees that it has no right to and shall not file or otherwise bring a lawsuit against Hostgool outside the Arab Republic of Egypt; and, that Customer, if involved before a court in a lawsuit outside of the Arab Republic of Egypt, shall be deemed to support and to stipulate to a motion made by Hostgool to dismiss said lawsuit with respect to Hostgool.
- WARRANTY DISCLAIMER. YOU, THE CUSTOMER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. Hostgool HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY Hostgool OR Hostgool REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES OR PROFESSIONAL CONSULTANTS, SHALL CREATE A WARRANTY. Hostgool DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. Hostgool DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. Hostgool DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICES OF Hostgool IN PARTICULAR.
- LIMITATIONS ON Hostgool LIABILITY. Hostgool SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL Hostgool BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT Hostgool HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. Hostgool SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. Hostgool ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF CUSTOMER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL Hostgool LIABILITY TO YOU, THE CUSTOMER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE CUSTOMER, TO Hostgool FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE CUSTOMER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, Hostgool LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Indemnification of Hostgool. You, the Customer, agree to defend, indemnify and hold Hostgool, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Hostgool own gross negligence or willful misconduct. Hostgool reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Customer.
Hostgool Affiliate Program Terms of Service
By signing up to be an Affiliate in the Hostgool Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Hostgool reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
- You must be 18 years or older to be part of this Program.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Hostgool cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own Hostgool product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Hostgool. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Hostgool. You must ensure that each of the links between your site and the Hostgool properly utilizes such special link formats. Links to the Hostgool placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Hostgool product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://www.hostgool.com/buy and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.
Identifying yourself as a Hostgool Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Hostgool or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.hostgool.com/buy, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Hostgool reserves the right to end the Program at any time. Upon program termination, Hostgool will pay any outstanding earnings accrued above $20.
Hostgool, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Hostgool service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Hostgool reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Hostgool will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Hostgool to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Hostgool and govern your use of the Service, superceding any prior agreements between you and Hostgool (including, but not limited to, any prior versions of the Terms of Service).