DesignHost provide products and services to clients all around the world. DesignHost has the responsibility to protect each client and provide them with the best services available. The following conditions were designed to protect our products and services.
If you visit, shop, or use any of our products and services at DesignHost, you accept these conditions.
Please read them carefully. In addition, when you use any current or future DesignHost products and services or visit or purchase from any business affiliated with DesignHost, whether or not included in the DesignHost Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
"DesignHost, Inc.", "DesignHost", "Design Host", "designhost.net" and "We" are defined as the company DesignHost, Inc. "The customer", "DesignHost's customers," and "You" are defined as patrons of DesignHost, Inc. "This site" is defined as any website that is owned, operated or otherwise directly or indirectly maintained by DesignHost, Inc. "Service" and "Product" are interchangeable, and defined as any merchandise or commercial offering of DesignHost. The term "spam" is used as it is currently defined by the Federal Trade Commission.
Please review our Service Level Agreement policy.
Please review our Affiliates And Resellers policy.
When you visit DesignHost or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All products and services provided by DesignHost may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statute. You agree to indemnify and hold harmless DesignHost from any claims resulting from the use of the service which directly or indirectly damages any other party.
DesignHost takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of DesignHost may not use or permit others to use our network to partake in UCE or SPAM distribution. Customers of DesignHost may not host or permit hosting of sites or information that is advertised by UCE or SPAM sent from other servers or networks.
In addition to U.S. Federal Trade Commission (FTC) definitions, SPAM is further defined as any email that is sent to a recipient that did not ask for it to be sent to them or any email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In for email correspondence purposes. Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. DesignHost will be the sole arbiter as to what constitutes a violation of this provision and may take actions including, but not limited to, immediate service disconnection or suspension to ensure the quality of our network.Users who:
...must maintain complete and accurate records of all consents and opt-ins and provide such records to DesignHost upon its request and allow any party sent email to remove itself automatically and permanently. If a user cannot provide positive and verifiable proof of such consents and opt-ins, DesignHost will consider the mass mailing to be unsolicited and take appropriate action to ensure the quality of our network.
Other prohibited activities related to email include, without limitation, the following:
A service fee of $50/complaint will be applied to any customer with more than 5 (five) verified abuse complaints in a given month. Abuse complaints are defined as documented issues that are confirmed violations of these terms of service and to be a result of customer, or customer's, web hosted content or information.
A service fee of $125/hour will apply for investigation and corrective work performed by DesignHost to resolve SPAM violations.
If, as a result of a Customer's actions, DesignHost's mail servers or IP address ranges are placed on email black hole lists or other mail filtering software system list, DesignHost shall charge the Customer $250 upfront and $125/hour thereafter for any necessary investigation and corrective work.
General Statement: DesignHost's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what DesignHost expects of them while using a product or service. All users of DesignHost's products and services: those who access some of our Products and Services but do not have accounts, users accessing content you place on DesignHost's products and services, as well as those who pay a service fee to subscribe to any Products or Services, may not use, promote, host, or participate in:
Customers removed from our network as a result of any policy violation may not return for new services under any new or existing account unless explicit permission has been given in writing prior to activation of any new account or services. Customers found to be in violation of this guideline are subject to immediate suspension and/or termination without notice. Refunds for violating this guideline are at the sole discretion of management.
Any website, server, service, or client who hosts, promotes, instigates, or gives cause or access in any form to cause a Denial of Service attack (DoS) or Distributed Denial of Service attack (DDoS) shall be responsible for the billable time of staff and mitigation services at $85 per hour, the cost of excessive bandwidth or other resource consumption, and a per-incident fee of $250. Services may remain suspended or offline until such time that these fees are paid, infull, or alternate terms are agreed to by our billing department during normal business hours. Customers subscribed to our DoS & DDoS filtering plans shall be exempt from these fees unless the combined number of incidents or combined incident bandwidth consumption exceeds the limits as defined in said customers filtering plan.
Clients requesting Reverse DNS / PTR on their assigned IP space must adhere to the following policies:
DesignHost will provided unlimited operating system reloads (reinstallation of base operating system only) free of charge within the first (30) days of service on all DesignHost owned servers. After (30) days of service, DesignHost will provide (1) operating system reload (reinstallation of base operating system only) free of charge, per month, on all DesignHost owned servers. Additional fees may apply for multiple reloads after 30 days within a (1) month period.
The DesignHost customer service team takes great lengths to provide polite, prompt and excellent customer service at all times. For the safety, wellbeing, and protection of our staff and their families we have a zero tolerance policy in regards to abuse of our staff. You may not threaten, bully, intimidate, abuse, shout at, swear at, insult, or otherwise disrespect our staff during any form of business communication including, but not limited to in person, telephone, live chat, fax, postal mail, Email, forum post, blog post, instant messenger, or ticket response. It is not ok to treat another human being abusively, nor is it ok to threaten their livelihood or wellbeing in order to gain a discount, or have someone rush your support request - we have a zero tolerance policy with people who abuse our staff. Violations of this aspect of the Terms of Service is subject to account termination without warning. If such a termination takes place no refund will be given.
Customers may transfer a DesignHost service to another DesignHost service at any time. DesignHost will provide migration and transferal assistance for a one-time $50.00 (fifty dollar) assistance surcharge. Additional restrictions may apply, such as discount promotions may be voided if transferring from a higher cost or existing DesignHost service. For additional information about this service, you may contact our help desk or sales team.
You agree to pay DesignHost for Products and Services without deduction, or delay for any reason. At any time, DesignHost may require you to pay a deposit or increase an existing deposit as a condition of providing Services. You authorize DesignHost to investigate your credit history at any time and to share credit information about you with credit reporting agencies. Payment of all charges is due within three (3) days after the date of invoice, in U.S. currency. Invoices are issued seven (7) days prior to subscription renewal dates (if you bill on the 15th of the month, an invoice is generated on the 8th of the month and must be paid in full by the 15th of the month). Past due accounts that receive payments will have those payments applied to the oldest past due invoices first. Failure to pay any invoice may place the account into default, and could lead to suspension of all services until the account is paid and current. You will be responsible for reimbursing DesignHost for all costs (including reasonable attorney fees) associated with collecting delinquent or dishonored payments. Accounts not paid in full within three (3) days of the invoice due date may be suspended, or terminated and a reconnection late fee of THIRTY FIVE DOLLARS ($35) may be applied for each service in the overdue invoice. Accounts not paid in full within fourteen (14) days of the invoice due date may be terminated and any past due invoices turned over to our collections service with an additional collections fee of SEVENTY NINE DOLLARS ($79) will be applied in addition to any past due balance and/or late fees. A late fee of 1.5% will be applied monthly for services over 30 days past due.
If you dispute charges on your bill, you must notify DesignHost in writing of the dispute within sixty days of the date on the affected bill, or else you waive the dispute.
You hereby agree to being billed for your service(s) on an automatic renewal basis and your service(s) will continue to be billed until cancelled by you pursuant to the terms of these Terms of Service. All payment periods are for the full period. Example: If you pay for a service on a monthly basis, the service shall remain active (barring it being suspended or terminated pursuant to other terms within these Terms of Service) for the full month and no prorated amount shall be refunded should you decide to cancel the service prior to the end of the billing period. If you pay for a service annually, the service will remain active (barring it being suspended or terminated pursuant to other terms within these Terms of Service) for the full period even if you decide to cancel said service prior to the end of the billing period. ONLY ON ANNUAL CONTRACTS: Should you cancel an annual contract prior to the end of the full term, prorated refunds may be granted and shall be calculated based upon converting the service back to the normal monthly rate and applying a $175.00 (one hundred seventy five dollar) early termination fee. If the termination fee exceeds the amount of the prorated refund, no refund shall be issued.
Upon the expiration or termination of a Service Order/Agreement/Contract under which space is made available to Customer, Customer will surrender the applicable Space to DesignHost (hereinafter referred to as "Company") and, within thirty (30) days after the date of such expiration or termination, return the Space to Company in the same condition as it was originally delivered to Customer, reasonable wear and tear excepted. Customer will remove the Equipment from the Space and the Facility and will fully repair any damage to the Facility caused by Customer, including, without limitation, any damage resulting from Customer's removal of the Equipment from the Space. Any Equipment and/or personal property of Customer not removed within thirty (30) days after the date of expiration or termination of the applicable Service Order will, at Company's option, conclusively be deemed to have been abandoned by Customer. Company may, upon written notice to Customer, apportion, sell, use, store, destroy, or otherwise dispose of the Equipment or Customer's personal property without liability to Customer or any other person or entity. Customer will pay all expenses and costs incurred in connection with Company's disposition of the Equipment and Customer's personal property, including, without limitation, the cost of restoring the Facility to its original condition and of removing the Equipment or Customer's personal property from the Facility. Should Customer wish to leave Equipment at DesignHost for an indefinite period, Customer may do so at a rate of $50.00 (fifty dollars USD) per 1U per month of space occupied.
If your current provider imposes an Early Termination Fee, or you have a prepaid contract term that has prepaid time remaining, DesignHost will compensate you for the remaining prepaid term or pay your Early Termination Fee (ETF) with your current provider (where applicable).
The compensation for remaining prepaid service with your previous provider or ETF payment is applied to your account as a service credit. ETF service credits are applied to accounts on the 93rd day from service commencement date as long as no new service payments have been delinquent.
The total compensation provided by DesignHost shall not exceed $5,000.00 or the total value of 12 months of service with DesignHost, whichever is less.
Compensation provided by DesignHost in the form of service credit may only be used for the hosting service fees, and may not be used for any one-time hardware purchases, third party rebilled services, software licenses, or domain name registrations.
A Minimum 12 month service term with DesignHost is required for Colocation Service to qualify for any compensation.
Customer must provide DesignHost with a copy of their final bill from their former host with the ETF clearly displayed on that bill/invoice or a copy of the prepaid invoice showing the time remaining, and cancellation notice submitted to their former host.
Documentation of the ETF on the final bill must be submitted to DesignHost within 60 days from the date of service commencement.
Limit 1 ETF buyout per customer once every three years, unless otherwise approved with expressed written consent by DesignHost.This offer is only available for new service with DesignHost and may not be used in connection with a current service cancellation or a downgrade of your current service with DesignHost.
Limit 1 ETF buyout per customer once every three years, unless otherwise approved with expressed written consent by DesignHost.
Rates outlined on attached order forms are exclusive of any applicable taxes. You are responsible for all taxes, gross receipts taxes, fees and surcharges relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent that you provide DesignHost with a valid tax exemption certificate before DesignHost provides Services to you. You are responsible for payment of any and all state, federal, or international surcharges.
DesignHost offers multiple flexible bandwidth packages on all web hosting and service plans. Usage levels over your included bandwidth are billed monthly at the rate of $0.50 per GB. If you exceed or are about to exceed your monthly allotted bandwidth during any billing cycle, we reserve the right to limit network access, bill for estimated overage in advance, or suspend service until payment for the bandwidth overage is completed.
DesignHost provides this section to detail additional policies regarding 'FAIR USE' on our network and services to ensure that no single client can consumed all the available resources on a given system, network or server - thereby avoiding any possible degrading of service for other clients who may be sharing the same system(s). No account, server, or service may consume more than 10 % of the resources in total available such as CPU utilization, Disk space, Disk I/O, Memory, web port connections, network bandwidth or network packets per second.
In additional to the above, accounts on any web hosting plan (also known as 'shared', 'ultimate' and 'reseller' plans) may not run daemons or back ground tasks. Web hosting Accounts may store at most 1 (one) backup of their account in the server's disk space. Web hosting Accounts may not use the server disk space for storage of backups, file sharing, file storage, and/or any type of content that is not accessible on the web site you are hosting. Users found to be utilizing their web hosting accounts to store multiple backups or violate this policy in any manner may be suspended and/or backups/hosted data removed without notice. DesignHost will make reasonable efforts where possible to contact the web hosting account holder to offer a paid upgrade to Virtual or Dedicated Server hosting when an account exceeds the resource usage policy limits.
Servers operating under the VPS or Cloud platforms (TURBO Cloud Servers, KVM, Xen, T series etc.) are permitted to run daemons and background tasks so long as they adhere to the above mentioned resource usage restrictions. However, "Bot" applications, such as social media data mining applications, bitcoin mining, video encoding, or unattended applications which consume 100% of disk and or CPU resources for prolonged periods of time are prohibited on these platforms. Dedicated servers and collocated hardware are excluded from these background task limitations.
If the resource usage limits are exceeded DesignHost may, without prior notice or warning, limit access, suspend or terminate the service or account at DesignHost's sole discretion. Suspended accounts are subject to termination at DesignHost's discretion 30 days after suspension. Web Hosting Accounts that no longer resolve to DesignHost's network are subject to termination at DesignHost's discretion
All content included on DesignHost's websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DesignHost or its content suppliers and protected by United States and international copyright laws. The compilation of all content on DesignHost's websites is the exclusive property of DesignHost and protected by U.S. and international copyright laws. All software used on DesignHost's websites is the property of DesignHost or its software suppliers and protected by United States and international copyright laws.
DesignHost, DesignHost.net and other marks indicated on our site are registered trademarks of DesignHost, Inc. or its subsidiaries, in the United States and other countries. DesignHost's trademarks and trade dress may not be used in connection with any product or service that is not DesignHost's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DesignHost. All other trademarks not owned by DesignHost or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DesignHost or its subsidiaries.
DesignHost grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DesignHost. This license does not include any resale or commercial use of DesignHost's websites or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DesignHost. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DesignHost and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing DesignHost's name or trademarks without the express written consent of DesignHost. Any unauthorized use terminates the permission or license granted by DesignHost. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of DesignHost so long as the link does not portray DesignHost, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any DesignHost logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use DesignHost products and services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use DesignHost only with involvement of a parent or guardian. DesignHost and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders and or services at its sole discretion.
As a courtesy to all clients who utilize, and pay for, data storage or backup services from DesignHost, if you exceed the space you have available for data storage or backup services, we will notify you via email of having exceeded your quota. Unless instructed otherwise, by the client, in a timely fashion, DesignHost, at its sole discretion, although under no requirement, obligation or liability, may increase your data storage or backup storage quota and charge the prevailing rate for such increase in storage space. DesignHost, its affiliates, assigns, or employees, does not accept any liability for incomplete data recovery under this provision. You are solely responsible for verifying the completeness and accuracy of your backups.
To cancel or elect not to renew any product or service, the customer must submit a cancellation request via the DesignHost Client Area. Cancellation requests must be submitted at least seven (7) calendar days prior to expiration of the current renewal term. To insure the privacy and security of both the customer and DesignHost, cancellation must be completed via the DesignHost Client Care Center only. No refunds, partial or otherwise, will be issued (excluding our 30 day money back guarantee, if applicable) for any unused portion of any billing cycle or late cancellations. For special promotions, a 50% off promotion, for example, DesignHost applies those funds at the full value rate to whichever period the funds are covering at the service's normal rate, and the remaining time is provided at no charge. More specifically - if you purchase a service with a semi-annual billing period at 50% off, DesignHost applies the full rate to the first three months of service, and the ensuing 3 months of the 6 month term are provided at no charge. As such, any cancellations placed during the time frame in which service is being provided at no charge shall be ineligible for a refund. Furthermore, requests for refunds will only be considered if the cancellation request is for an immediate cancellation. Also, understand that you must have all your data backed-up and off the DesignHost Network, because immediate cancellations may lead to the immediate and irrecoverable loss of any and all data associated with your service. The 30-day money-back guarantee may only be taken advantage of once by any one customer. Additionally, if you order 3 non-identical services on the same day and cancel all 3 within the 30-day money-back guarantee period, only one of the services will be refunded. Cancellations requests MUST be made seven (7) or more days prior to expiration of the current billing cycle. Cancellations made within the last seven (7) days of the current billing cycle and marked "Cancel at end of billing period" will not be terminated until the end of following billing cycle and the invoice will be due and processed. Cancellations made within the last seven (7) days of the billing cycle and marked "Immediate cancel" will be terminated by midnight of the day of the cancellation request, and the current invoice will still be due and processed per our Terms of Service.
No refunds will be given on customized services/orders, associated setup fees and/or services/orders with explicitly requested and provided IP diversity, unless specified at the time of purchase.
Any orders that have utilized a license for which DesignHost has paid fees to a third party - such as (but not limited to) Microsoft Licenses, WHMCS Licenses, and cPanel Licenses - are non-refundable. Payments for domain names, for which DesignHost pays to a registrar, are also non-refundable.
DesignHost and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please Contact Us.
DesignHost and its affiliates attempt to be as accurate as possible. However, DesignHost does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered by DesignHost itself is not as described, your sole remedy is to return it in unused condition and discontinue using said service within five (5) business days.
Parties other than DesignHost and its subsidiaries operate stores, provide services, or sell product lines on or through this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. DesignHost does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
Any attempts to undermine or cause harm to a DesignHost service or customer of DesignHost is strictly prohibited. DesignHost will pursue legal action to the fullest extent for any abuse of DesignHost or its products or services.
If any terms or conditions are failed to be followed, it will result in grounds for service suspension or deactivation. DesignHost reserves the right to remove any account or service without prior notice. If DesignHost deactivates your service or account(s) for violating policy, you will forfeit your rights to a refund. No refunds for advance payments on deactivated accounts. Serious offenses may cause immediate deactivation WITHOUT WARNING.
You agree to indemnify and keep indemnified DesignHost (and its parent, subsidiaries, affiliates, officers and employees) from and against any costs, damages, liabilities and losses (including legal fees) suffered or incurred by DesignHost as a result of any claim made by any third party due to or arising out of your use of the Service, your connection to the service or any breach by you of any of your obligations under these Terms and Conditions.
The agreement between You and DesignHost will be effective as of the date you sign up for any DesignHost Product or Service, and will remain effective until terminated by either party. You agree to any and all changes to the Terms of Service unless you elect to terminate service in writing with DesignHost via DesignHost website, designhost.net.
Without limiting other remedies, DesignHost or its affiliates may limit, suspend, or terminate your use of DesignHost Products and Services, prohibit access to DesignHost's website, remove hosted content such as emails and website data, and take technical and legal steps to keep you off DesignHost's network if we suspect that you are in breach of these Terms of Service, or are past due by more than 3 days on your account balance (subscription payment), causing possible legal liabilities, acting inconsistently with the letter or spirit of our policies, your use of any Product or Service degrades the quality and performance of the DesignHost network, if you purchased DesignHost Product or Services from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. DesignHost shall effect such termination by preventing access to your account and to the DesignHost network as well as delete any website content, data, or domain names stored on our network. If you provided a valid email address, DesignHost may provide notice to you by email, but is not under obligation to notify you.
All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the agreement, including without limitation, all of your representations, warranties and indemnification obligations.
You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and agree that DesignHost may immediately thereafter delete any and all hosted data, backup files, email files, domain names, account settings, network addresses and any other content within your account that is stored on the DesignHost network.
You acknowledge and understand that if the DesignHost Service or Products do not function as a result of a force majeure event, DesignHost will not be in breach of any of its obligations toward you under these Terms of Service. A force majeure event means any event beyond the control of DesignHost. In the event DesignHost is affected by a force majeure event, it shall post a notification on the DesignHost website or contact you directly concerning the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. DesignHost will not accept any liability for the consequences arising out of a force majeure event.
THIS SITE, ALONG WITH ITS PRODUCTS AND SERVICES, ARE PROVIDED BY DesignHost ON AN "AS- IS" AND "AS-AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, AND OUR PRODUCTS AND OUR SERVICES ARE AT YOUR SOLE RISK.
DesignHost 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. DesignHost 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, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DesignHost OR THROUGH OR FROM ANY OF ITS SERVICE PROVIDERS SHALL CREATE ANY WARRANTY ABOVE AND BEYOND THAT WHICH IS EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DesignHost SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DesignHost HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED, OBTAINED, STORED, SENT OR RECEIVED FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Except in relation to such liability as has been expressly excluded the maximum aggregate liability of DesignHost in contract, tort, statutory duty or otherwise (even where DesignHost has been advised of the possibility of such loss or damage) for any loss or damage whatever arising from or in relation to this Agreement shall be limited to lessor of (i) $500; (ii) the monthly cost of the Service which has been paid for a given month. This limit shall also apply in the event that any exclusion or other provision contained in these Terms and Conditions is held to be invalid for any reason and DesignHost becomes liable for loss or damage that would otherwise have been limited.
By visiting DesignHost, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and DesignHost or its affiliates.
Any dispute relating in any way to your visit to DesignHost or to products and services you purchase through DesignHost shall be submitted to confidential arbitration in Albany, New York, except that, to the extent you have in any manner violated or threatened to violate DesignHost's intellectual property rights, DesignHost may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. 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.