These Terms of Service (the “Agreement”) are an agreement between P.D.R. Solutions, (U.S.) LLC, as
operator of HostGator SG (collectively, "HostGator SG" or “us” or “our”) and you (“User” or “you” or
“your”). This Agreement sets forth the general terms and conditions of your use of the products and
services made available by HostGator SG and of the HostGator.SG website (collectively, the
“Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to
abide by the terms of this Agreement, you are not authorized to use or access the Services.
- Additional Policies and Agreements
- Use of the Services is also governed by the following policies, which are incorporated
into this Agreement by reference. By using the Services, you also agree to the terms
of the following policies.
- Data Protection Policy
- Acceptable Use Policy
- Copyright Infringement Policy
- Additional terms may also apply to certain Services, and are incorporated into this Agreement by reference as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated into this Agreement.
- Account Eligibility
- By registering for or using the Services, you represent and warrant that:
- You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
- If you use the Services on behalf of another party you agree that you are authorized to bind su ch other party to this Agreement and to act on such other party’s behalf with respect to any action s you take in connection with the Services.
- It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. HostGator SG is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the HostGator Billing and Support System. Providing false contact information of any kind may result in the termination of your account. For dedicated server purchases or in certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
- You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
- HostGator SG Content
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "HostGator SG Content"), are the proprietary property of HostGator SG or HostGator SG’s licensors. HostGator SG Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any HostGator SG Content. Any use of HostGator SG Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any HostGator SG Content. All rights to use HostGator SG Content that are not expressly granted in this Agreement are reserved by HostGator SG and HostGator SG’s licensors.
- User Content
- You may upload, store, publish, display, and distribute information, text, photos, videos and other content for your website on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to HostGator SG that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to HostGator SG a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, HostGator SG does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
- HostGator SG exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through HostGator SG's computers, network hubs and points of presence or the Internet. HostGator SG does not monitor User Content. However, you acknowledge and agree that HostGator SG may, but is not obligated to, immediately take any corrective action in HostGator SG’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that HostGator SG shall have no liability due to any corrective action that HostGator SG may take.
- Third Party Products and Services
- Third Party Providers
HostGator SG may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
HostGator SG does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. HostGator SG is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
- HostGator SG as Reseller or Licensor
HostGator SG may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-HostGator SG Products"). HostGator SG shall not be responsible for any changes in the Services that cause any Non-HostGator SG Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-HostGator SG Products, either sold, licensed or provided by HostGator SG to you will not be deemed a breach of HostGator SG's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-HostGator SG Product are limited to those rights extended to you by the manufacturer of such Non-HostGator SG Product. You are entitled to use any Non-HostGator SG Product supplied by HostGator SG only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-HostGator SG Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-HostGator SG Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
- Third Party Websites
The Services may contain links to other websites that are not owned or controlled by HostGator SG ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
- Prohibited Persons (Countries, Entities, And Individuals)
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with express permission, HostGator SG also does not register, and prohibits the use of any of the Services in connection with, any Country-Code Top Level (“ccTLD”) domain name for any Sanctioned Country.
- Account Security and HostGator SG Systems
- It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
- The Services, including all related equipment, networks and network devices are provided only for authorized customer use. HostGator SG may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
- Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. HostGator SG may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
- Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by HostGator SG of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, HostGator SG may clean-up your account for an additional fee.
- HostGator SG reserves the right to migrate your account from one data-center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
- Compatibility with the Services
- You agree to cooperate fully with HostGator SG in connection with HostGator SG's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, HostGator SG is not responsible for any delays due to your failure to timely perform your obligations.
- You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by HostGator SG to provide the Services, which may be changed by HostGator SG from time to time in our sole discretion.
- You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. HostGator SG does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
- Billing and Payment Information
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
- Advance Account
If you maintain a credit balance, we will deduct from the credit balance when you purchase products or services from us. If the credit balance is insufficient for processing the order the order may not be processed. Any negative balance in the Advance Account will become immediately payable. If you do not correct a negative balance in your account within 24 hours, we reserve the right to terminate the Services with immediate effect and without any notice.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to HostGator SG's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
- Late Payment or Non-Payment
Any invoice that is outstanding may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, HostGator SG may suspend or terminate your account and pursue the collection costs incurred by HostGator SG, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. HostGator SG will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. You have fifteen (15) days from the expiry date to pay the outstanding amount due for a dedicated server. After 15 days, the data on the dedicated server will be permanently deleted and cannot be restored.
- Domain Payments
- Domain registrations. No refunds will be given once a domain is registered, unless a registry of the TLD you registered offers a “Money Back Grace Period” as further defined at this link. If the registry of a TLD you selected offers a Money Back Grace Period, you may delete the registered domain name from your control panel within the Money Back Grace Period and receive a refund.
- Domain Renewals. You can manage domain renewals in your control panel. Domain renewal notices are provided as a courtesy reminder and HostGator SG is not responsible for any failure to renew a domain or failure to notify about a domain renewal. No refunds will be given once a domain is renewed. There is no Money Back Grace Period for domain renewals.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. HostGator SG may report any such misuse or fraudulent use, as determined in HostGator SG’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
- Invoice Disputes
If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
- Price Change
HostGator SG reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by HostGator SG through the user billing tool or through other methods of communication, including notices sent or posted by HostGator SG.
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
- Money-back Guarantee
- Dedicated Servers
There are no refunds on dedicated servers. The forty-five (45) day money- back guarantee does not apply to dedicated servers.
- Managed shared, VPS and Reseller Services
HostGator SG offers a forty-five (45) day money- back guarantee for HostGator SG's shared, VPS, and reseller hosting services only. If you are not completely satisfied with these hosting services and you terminate your account within forty-five (45) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to any fees for any additional products or services. For more information about our refund policy on additional products or services please refer to the section Non-refundable Products and Services.
- Cancellations and Refunds
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy. Applicable bank charges and a reasonable processing fee will be deducted from refunds.
- Non-refundable Products and Services
Notwithstanding anything to the contrary contained in this Agreement, there are no refunds of any fee (including without limitation, administrative fee and/or tax) on dedicated servers, or additional products or services such as Codeguard, Digital Certificates, shared VPS hosting, install fees for custom software, SiteLock and/or any other products or services of Hostgator SG.
- Cancellation Process
You may terminate or cancel the Services from the control panel. If you cancel the Services, you are obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. If you request to suspend or cancel your customer account, your access to the control panel will be suspended and you will not be able to access the billing system to renew products or services or to update your account information. However, you will continue to have access to use the Services purchased until the end of your prepaid term.
Please note that if you have pending orders outstanding on your account at the time you cancel your account, we will continue to process those orders so long as your Advance Account has sufficient funds to cover the charges. To cancel a pending order, please follow the instructions available here. If we are unable to fulfill any orders, the charges for such orders will be reversed and HostGator SG reserves the right to cancel such orders.
We reserve the right to deny or cancel any order within thirty (30) days of processing such order. In such case we will refund the fees charged for the order.
- Foreign Currencies
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are subject to this fluctuation and HostGator SG is not responsible for any change in exchange rates between the time of payment and the time of refund.
HostGator SG may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm HostGator SG or others or cause HostGator SG or others to incur liability, as determined by HostGator SG in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, HostGator SG shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, HostGator SG may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA MAY BE DELETED.
- CPU, Bandwidth and Disk Usage
- Permitted CPU and Disk Usage
Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. HostGator SG expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. HostGator SG may, in our sole discretion, terminate access to the Services or remove or delete User Content for those accounts that are found to be in violation of HostGator SG’s terms and conditions and other policies. Dedicated and VPS usage will be limited by the resources allocated to the specific plan that you purchase.
- Bandwidth Usage
Bandwidth usage is unmetered (i.e., not monitored) for shared hosting services only. Bandwidth usage for dedicated, reseller and VPS services are subject to the terms and limitations of the plan you purchased which are available in your control panel.
- Uptime Guarantee
If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, we may modify the renewal date of your package and extend it by one (1) month. This uptime guarantee does not apply to, including without limitation: planned maintenance, force majeure events, failure of your website, network and/or equipment, failure of network and/or equipment of service providers of HostGator SG. Approval of any renewal date extension is at the sole discretion of HostGator SG and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request an extension, please visit http://support.hostgator.sg to create a support ticket to our Billing department with justification within thirty (30) days of the end of the month for which you are requesting a credit. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee. The records of HostGator SG shall prevail in all cases to assess the amount of credit to be provided to you if HostGator fails to achieve the uptime guarantee set forth above. Further, in no event you shall receive more than one (1) month of credit if HostGator SG fails to achieve the uptime guarantee.
- Reseller Terms and Client Responsibility
- Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
- Resellers shall ensure that each of their clients complies with this Agreement.
- Resellers are responsible for supporting their clients. HostGator SG does not provide support to clients of HostGator SG’s resellers. If a reseller’s client contacts HostGator SG, HostGator SG reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client's behalf for security purposes.
- Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. HostGator SG will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
- HostGator SG is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify HostGator SG from and against any and all claims made by any User arising from the reseller's acts or omissions.
- HostGator SG reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by HostGator SG.
- Resellers in the HostGator SG Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
- Back up
Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups.
- Limitation of Liability
IN NO EVENT WILL HOSTGATOR SG, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF HOSTGATOR SG IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOSTGATOR SG'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HOSTGATOR SG FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless HostGator SG, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
- Independent Contractor
HostGator SG and User are independent contractors and nothing contained in this Agreement places HostGator SG and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
- Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Republic of Singapore. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
- Backups and Data Loss
Your use of the Services is at your sole risk. HostGator SG does not maintain backups of dedicated accounts or the Services purchased by you. You should not rely on HostGator SG for backup. It is solely your responsibility to maintain backups. HostGator SG is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on HostGator SG’s servers.
- Limited Disclaimer and Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, HostGator SG AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HostGator SG AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. HostGator SG AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
- Disclosure to Law Enforcement
HostGator SG may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
- Entire Agreement
This Agreement, including policies and documents incorporated by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of this Agreement.
- Changes to the Agreement or the Services
HostGator SG may modify this Agreement, from time to time to reflect changes in or requirements of the law or modifications or updates to the Services and will notify you if such change materially affects your rights under this Agreement. Changes will not apply retrospectively and, unless the change is required immediately for legal or security reasons, notice of the modified terms will be provided a reasonable period prior to the changes taking effect. If you do not agree to be bound by this Agreement, our policies or any subsequent modifications, you must stop using the Services.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or HostGator SG to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
- Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of HostGator SG. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. HostGator SG may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
- Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
- Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.