1. "AS IS" AND "AS AVAILABLE" DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL SERVICES PROVIDED BY HOSTAFFIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOSTAFFIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
2. NO WARRANTY OF PERFORMANCE
HOSTAFFIN MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
3. STRICT LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOSTAFFIN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE.
CAPPED LIABILITY: UNDER NO CIRCUMSTANCES WILL HOSTAFFIN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU TO HOSTAFFIN FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE INCIDENT.
4. DATA LOSS AND BACKUPS
HOSTAFFIN SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY HOSTAFFIN AND ITS EMPLOYEES. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF ALL DATA HOSTED ON HOSTAFFIN SERVERS. HOSTAFFIN PROVIDES BACKUP TOOLS AS A CONVENIENCE ONLY AND DOES NOT GUARANTEE THEIR SUCCESS OR INTEGRITY.
5. THIRD-PARTY CONTENT AND SERVICES
HOSTAFFIN DISCLAIMS ALL LIABILITY REGARDING ANY THIRD-PARTY CONTENT, SOFTWARE, OR SERVICES THAT YOU MAY USE IN CONJUNCTION WITH OUR SERVICES (E.G., CPANEL, WORDPRESS PLUGINS, PAYMENT GATEWAYS). ANY DISPUTES REGARDING SUCH THIRD-PARTY SERVICES MUST BE HANDLED DIRECTLY WITH THE RESPECTIVE PROVIDER.
6. INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD HOSTAFFIN HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
7. ALLOCATION OF RISK
THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION OF RISKS BETWEEN THE PARTIES (CUSTOMER AND HOSTAFFIN) AND FORMS AN ESSENTIAL PART OF THE BARGAIN. THE FEES FOR THE SERVICES WOULD BE SIGNIFICANTLY HIGHER WITHOUT THESE LIMITATIONS.
8. CONTACT LEGAL
For further legal clarification, please contact legal@hostaffin.com.