HostPepper, LLC UNIVERSAL TERMS AND CONDITIONS

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between HostPepper, LLC, ("HostPepper") and you and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services offered by HostPepper (individually and collectively, the “Services”). Any agreements, arrangements and/or additional policies that apply to certain Services ("Services Agreements") and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.
The terms “we”, “us” or “our” shall refer to HostPepper. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Site or the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. MODIFICATION OF AGREEMENT, SITE OR SERVICES

HostPepper may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, HostPepper may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. HostPepper assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, HostPepper may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You.
HostPepper RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

3. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and/or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, HostPepper finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. HostPepper shall not be liable for any loss or damage resulting from HostPepper’s reliance on any instruction, notice, document or communication reasonably believed by HostPepper to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, HostPepper reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

4. YOUR ACCOUNT

In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to HostPepper that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If HostPepper has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, HostPepper reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, and Payment Method(s) (as defined below. For security purposes, HostPepper recommends that you change your password at least once every six (6) months for each Account. You must notify HostPepper immediately of any breach of security or unauthorized use of your Account. HostPepper will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss HostPepper or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

5. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
You will not use this Site or the Services in a manner (as determined by HostPepper in its sole and absolute discretion) that:

Is illegal, or promotes or encourages illegal activity;
Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
Promotes, encourages or engages in terrorism, violence against people, animals, or property;
Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
Infringes on the intellectual property rights of another User or any other person or entity;
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
Interferes with the operation of this Site or the Services found at this Site;
Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
Contains false or deceptive language, or unsubstantiated or comparative claims, regarding HostPepper or HostPepper’s Services.

You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by HostPepper.
You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
You will not access HostPepper Content (as defined below) or User Content through any technology or means other than through this Site itself, or as HostPepper may designate.
You agree to back-up all of your User Content so that you can access and use it when needed. HostPepper does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
You will not re-sell or provide the Services for a commercial purpose, including any of HostPepper's related technologies, without HostPepper's express prior written consent.
You will not circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any HostPepper Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the HostPepper Content or the User Content therein.
You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
You are aware that HostPepper may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether HostPepper asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which HostPepper is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of HostPepper that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from HostPepper. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of HostPepper that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from HostPepper. Message and data rates may apply.
Without limiting any of the rights set forth elsewhere in this Agreement, HostPepper expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any HostPepper policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by HostPepper in its sole and absolute discretion).
If your purchase or account activity shows signs of fraud, abuse or suspicious activity, HostPepper may cancel any service associated with your name, email address or account and close any associated HostPepper accounts. If HostPepper, in its sole discretion, determines that any conducted activity is fraudulent, HostPepper reserves the right to take any necessary legal action and you may be liable for monetary losses to HostPepper including litigation costs and damages. To contest cancellation of Services or freezing or closure of an account, please contact HostPepper’s legal department.

6. PROTECTION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to HostPepper that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If HostPepper has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, HostPepper reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, and Payment Method(s) (as defined below. For security purposes, HostPepper recommends that you change your password at least once every six (6) months for each Account. You must notify HostPepper immediately of any breach of security or unauthorized use of your Account. HostPepper will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss HostPepper or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

7. USER CONTENT

Some of the features of this Site or the Services, including those Services that are hosted with HostPepper now or in the future, may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), (b) literary, artistic, musical, or other content, including but not limited to photos and videos, or (c) other information about their business or customers (together with User Submissions, (“User Content”). All content submitted through your Account or processed on your behalf is considered User Content. By posting, publishing, or processing User Content to this Site or to or via the Services, you represent and warrant to HostPepper that (i) you have all necessary rights to process and distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate HostPepper to treat your User Submissions as confidential or secret, that HostPepper has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that HostPepper may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
HostPepper shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
User Content Other Than User Submissions. By posting or publishing User Content to this Site or through the Services, you authorize HostPepper to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site, this Agreement, and any Services Agreements applicable to the User Content. You hereby grant HostPepper a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and HostPepper's (and HostPepper’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that HostPepper may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. You also understand and agree that HostPepper may retain and use any User Content that has been incorporated into any derivative works as allowed pursuant to any Services Agreements. Notwithstanding anything to the contrary contained herein, HostPepper shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or HostPepper’s (or HostPepper’s affiliates’) business(es). If you have a website or other content hosted by HostPepper, you shall retain all of your ownership or licensed rights in User Content.
HostPepper Data. For the avoidance of doubt, User Content does not include “HostPepper Data,” which means (a) all information relating to HostPepper’s business and delivery of the Services, including but not limited to PII concerning You and (where applicable) your employees or representatives, (b) other data concerning or relating to Your account, transaction history, use of the Services and identity verification, and (c) subject to any restrictions under any applicable Data Protection Laws, any PII that has been aggregated, pseudonymized, or anonymized (collectively, “De-identified”) pursuant to the terms of any Services Agreement. You acknowledge and agree that you have no rights to HostPepper Data under this or any Services Agreement.

8. AVAILABILITY OF WEBSITE/SERVICES; SERVER MAINTENANCE, SECURITY UPDATES, AND DOWNTIME

HostPepper may perform regular server maintenance and security updates to ensure the stability, security, and performance of its services. These activities include applying security patches, upgrading hardware or software, diagnostics, and general system maintenance. HostPepper will make reasonable efforts to notify you in advance of scheduled maintenance that may result in downtime. In cases of emergency maintenance due to hardware failure or critical vulnerabilities, HostPepper reserves the right to perform such maintenance without prior notice, which may cause temporary service interruptions.
While HostPepper strives to provide uninterrupted service, you acknowledge that downtime may occur due to scheduled or unscheduled maintenance, system updates, or other factors beyond HostPepper’s control. HostPepper shall not be liable for any damages, including loss of data, revenue, or business opportunities, arising from server downtime, hardware failures, or security updates. This includes downtime caused by network disruptions, equipment malfunctions, or force majeure events.
Although HostPepper implements backup measures, we encourage you to maintain redundancy and backup systems to safeguard your data. HostPepper disclaims responsibility for data loss due to maintenance or hardware failures. To the fullest extent permitted by law, HostPepper's liability for service downtime is limited to a prorated refund of any fees paid during the downtime. This exclusive remedy supersedes other forms of damages.
HostPepper aims to provide services 24/7 but acknowledges that the site may be temporarily inaccessible due to equipment malfunctions, periodic maintenance, or other unforeseen causes beyond our control. We assume no liability for the continuous availability of the site or services.

9. PRODUCT CREDITS

In the event you are provided with a product credit (“Credit”), whether for redemption of the purchase of a specific product or for free with the purchase of another product (“Purchased Product”), you acknowledge and agree that such Credit is only valid for one (1) year and is only available with a valid purchase and may be terminated in the event the product purchased is deleted, cancelled, transferred or not renewed. The Credit will expire one (1) year from date of purchase of the Purchased Product if the Credit has not been redeemed. In the event that the Credit is redeemed, after the initial subscription period, the product will automatically renew at the then-current renewal price until cancelled. If you wish to cancel the automatic renewal of the product, you may do so by visiting your Account or by contacting customer service. In the event your Purchased Product includes a free domain name, if you cancel the Purchased Product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on HostPepper's website and is not subject to any promotion, discount, or other reduction in price. For Credits issued for free with another Purchased Product, you acknowledge and agree that we may swap your Credit for a similar product, in our sole discretion.

10. MONITORING AND MODERATION OF CONTENT; RESTRICTIONS POLICY

When using this Site and/or any Service, you will not provide, post, publish, share or otherwise make available or accessible any illegal content or content that is incompatible with or violates this Agreement (including without limitation Sections 5, 7 and 16 of this Agreement). HostPepper generally does not pre-screen User Content (whether posted to a website hosted by HostPepper or posted to this Site). However, and subject to applicable laws, HostPepper reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. By way of example, HostPepper may for instance voluntarily screen or pre-screen material for potential child sexual abuse material and act against any such material. HostPepper may remove any item of User Content (whether posted to a website hosted by HostPepper or posted to this Site) and/or suspend or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by HostPepper in its sole and absolute discretion), at any time and without prior notice. HostPepper may also suspend or terminate a User’s access to this Site or the Services found at this Site if HostPepper has reason to believe the User is a repeat offender. If HostPepper terminates your access to this Site or the Services found at this Site, HostPepper may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers. HostPepper also reserves the right, but undertakes no duty, to review use of the Services and account activity for any activity that may pose a risk to HostPepper and/or HostPepper’s systems. HostPepper also may review, adjust the configurations of, and/or change the settings of any Services, including the settings of any hosted environment, that HostPepper believes, in its sole and absolute discretion, may pose a risk to HostPepper, HostPepper’s systems, or any of its environments.

11. EUROPEAN UNION DIGITAL SERVICES ACT (“DSA”) SUPPLEMENTAL TERMS OF SERVICE

This section 11 applies as from February 17, 2024, which is the date of entry into effect of the EU Digital Services Act. This Section 11 sets out provisions, processes and disclosures that supplement the rest of this Agreement, as required under the DSA, which regulates the provision of certain digital intermediary services provided in the European Union (“EU”) and notably sets out rules on the role of providers and imposes content moderation requirements and transparency obligations. These provisions only apply to you if you are in the EU and / or if you are using the Site or Services falling within the scope of the DSA. In the event of any conflict between the terms set out in this Section 11 and the other provisions of this Agreement, the terms of Section 11 shall prevail. Rules of conduct. Users are prohibited from providing, publishing or transmitting content which is incompatible with or violates this Agreement (including without limitation Sections 5, 7 and 16) or any applicable laws in the EU or in any EU country ("Unauthorized Content"). Content moderation overview. HostPepper may voluntarily take action against any Unauthorized Content, in accordance with Section 10 above. In addition, HostPepper may receive notices through the Notice and Action Mechanism (described below) and orders from EU authorities reporting the presence of alleged illegal content on (or transmitted through) this Site or any Service (including without limitation any website hosted by HostPepper). HostPepper will process these orders and notices, and take action based on the information provided. These actions may entail the restrictions mentioned below, or any other restrictions required by the relevant authority. You may report to HostPepper the presence, on this Site or on any Service, of content that you consider to be illegal in the EU or any EU country through an email to the HostPepper legal department (“Notice and Action Mechanism”). Depending on the nature of the Service concerned by the notice, the way HostPepper processes and addresses such notice may differ. HostPepper may, at any time and in some cases, without prior notice, remove any Unauthorized Content provided on (or through) this Site or any Service or suspend or terminate access to a whole Service (e.g., disabling a website hosted by HostPepper). In addition, with respect to “repeat offenders”, namely users frequently providing manifestly Unauthorized Content, HostPepper may suspend or terminate their access to this Site or to the Services found at this Site. HostPepper will generally issue a prior warning before any suspension, other than in exceptional cases, or where HostPepper is otherwise legally required to take immediate action. When deciding on and applying such restrictions, HostPepper will act in a timely, diligent, non-arbitrary, objective and proportionate manner. If any user frequently provides manifestly unfounded notices through the Notice and Action Mechanism, HostPepper may suspend the processing of its notices. HostPepper will generally issue a prior warning before any suspension, save for exceptional cases (as determined by HostPepper in its reasonable discretion) or where HostPepper is legally required to take immediate action. Notices and orders are generally subject to human review. HostPepper may also use a machine learning model that helps process certain claims and detect phishing on websites hosted by HostPepper. Actions taken in response to notices and/or orders which relate to the provision of content by users of the Service or visitors of the Site, if any, are generally subject to human review. You have the right to terminate the use of the Services in accordance with Sections 9 and 14 of this Agreement.

12. DISCONTINUED SERVICES; END OF LIFE POLICY

HostPepper reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although HostPepper makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by HostPepper, in any way, effective on the EOL date. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, HostPepper will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by HostPepper in its sole and absolute discretion. HostPepper may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by HostPepper in its sole and absolute discretion, HostPepper will not be required to offer a comparable feature or functionality for the Service or a refund.
No Liability. HostPepper will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide or facilitate access to.

13. BETA SERVICES

From time to time, HostPepper may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) HostPepper reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) HostPepper may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience; (viii) You acknowledge and agree that HostPepper may track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our Beta Services; (ix) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to HostPepper; (x) The Beta Services are provided “as is”, “as available”, and “with all faults”.
You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by HostPepper. To the fullest extent permitted by law, HostPepper disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non- infringement.

14. FEES AND PAYMENTS

Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable.
Price Changes. HostPepper reserves the right to change its prices and fees at any time, and such changes shall either be posted online at this Site and effective immediately without need for further notice to you or notice shall be provided to you by email. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.
Monthly Billing Date. If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services, unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.
Auto-Renewal Terms. Other than as required by applicable law, HostPepper does not retain hard copies or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to your usage of our automatic renewal services, and we are therefore unable to provide any such document upon request. You may view or change your automatic renewal settings at any time by logging into your HostPepper account.

IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL UNLESS OTHERWISE SPECIFIED ON THIS SITE. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD (EXCEPT FOR DOMAIN NAMES WHICH MAY RENEW FOR THE ORIGINAL SERVICE PERIOD). FOR EXAMPLE, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL TYPICALLY BE FOR ONE YEAR. HOWEVER, IN THE EVENT RENEWAL WITH THE PAYMENT METHOD ON FILE FAILS, HostPepper MAY ATTEMPT TO RENEW THE APPLICABLE SERVICE FOR A PERIOD LESS THAN THE ORIGINAL SUBSCRIPTION PERIOD TO THE EXTENT NECESSARY FOR THE TRANSACTION TO SUCCEED.

UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, HostPepper WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL, SUBJECT TO SECTION 14(F) BELOW, ATTEMPT TO TAKE PAYMENT FIRST FROM THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT ("PRIMARY PAYMENT METHOD"). IF THE PRIMARY PAYMENT METHOD FAILS, WE MAY ATTEMPT PAYMENT FROM YOUR DESIGNATED BACKUP PAYMENT METHOD(S) ON FILE WITH HostPepper ("DESIGNATED BACKUP PAYMENT METHOD). IF THERE IS NO PRIMARY PAYMENT METHOD OR A DESIGNATED BACKUP PAYMENT METHOD ASSOCIATED WITH A SERVICE, OR A BACKUP DESIGNATED PAYMENT METHOD FAILS, YOU AGREE THAT WE MAY ATTEMPT TO CHARGE ANY OTHER PAYMENT METHODS ON FILE IN YOUR ACCOUNT ("ALTERNATE PAYMENT METHODS"). RENEWALS WILL BE CHARGED AT HostPepper’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT. IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL RENEWAL, IN WHICH CASE, YOUR SERVICES WILL TERMINATE UPON EXPIRATION OF THE THEN CURRENT TERM, UNLESS YOU MANUALLY RENEW YOUR SERVICES PRIOR TO THAT DATE. IN OTHER WORDS, SHOULD YOU ELECT TO CANCEL YOUR PRODUCT AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND HostPepper SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

IN ADDITION, HostPepper MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK’S PARTICIPATION). IF WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, HostPepper WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. HostPepper MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) CANCELLING PRODUCTS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND HostPepper SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

If for any reason HostPepper is unable to charge your payment method for the full amount owed, or if HostPepper receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your payment method, you agree that HostPepper may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. HostPepper also reserves the right to charge you reasonable “administrative fees" for (i) tasks HostPepper may perform outside the normal scope of its Services, (ii) additional time and/or costs HostPepper may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by HostPepper in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by HostPepper staff or by outside firms retained by HostPepper; (iii) recouping any and all costs and fees, including the cost of Services, incurred by HostPepper as the results of chargebacks or other payment disputes brought by you, your bank or payment method processor. These administrative fees or processing fees will be billed to the payment method you have on file with HostPepper.

HostPepper reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you.

15. ADDITIONAL RESERVATION OF RIGHTS

HostPepper expressly reserves the right to access any Account and any data hosted by You through the services, as well as the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by HostPepper in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by HostPepper in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of HostPepper, its officers, directors, employees and agents, as well as HostPepper's affiliates, including, but not limited to, instances where you have sued or threatened to sue HostPepper, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to HostPepper’s business, operations, reputation or shareholders. HostPepper expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels. HostPepper expressly reserves the right to terminate, without notice to you, any and all Services where, in HostPepper's sole discretion, you are harassing or threatening HostPepper and/or any of HostPepper's employees. Except for User Content, the content on this Site and within the Services, including without limitation HostPepper data and the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks, logos contained on this Site and within the Services (“HostPepper Content”), are owned by or licensed to HostPepper in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. HostPepper Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of HostPepper. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. HostPepper reserves all rights not expressly granted in and to the HostPepper Content, this Site and the Services, and this Agreement does not transfer ownership of any of these rights.

16. NO SPAM; LIQUIDATED DAMAGES

No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

Email Messages
Newsgroup postings
Windows system messages
Pop-up messages (aka "adware" or "spyware" messages)
Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
Online chat room advertisements
Guestbook or Website Forum postings
Facsimile Solicitations
Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must abide by all applicable laws and regulations in the geographic regions in which you use and or direct the use of the Site and Services, which include but are not limited to the CAN-SPAM Act of 2003 and the Telephone Consumer Protection Act in the United States. You must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number. If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any account, web site hosting, domain registration, email boxes, or other applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our legal department.
Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

17. TRADEMARK AND/OR COPYRIGHT CLAIMS

HostPepper supports the protection of intellectual property and will not tolerate the violation of trademark or copyright law. You agree that any data, content, or materials you upload, store, or process through HostPepper's Services must not infringe the intellectual property rights, including copyrights, trademarks, patents, or any other proprietary rights of any third party. HostPepper disclaims any liability for claims related to the intellectual property rights of third parties regarding your data.
HostPepper supports the protection of intellectual property and will not tolerate the violation of trademark or copyright law. You agree that any data, content, or materials you upload, store, or process through HostPepper's Services must not infringe the intellectual property rights, including copyrights, trademarks, patents, or any other proprietary rights of any third party. HostPepper disclaims any liability for claims related to the intellectual property rights of third parties regarding your data.
HostPepper supports the protection of intellectual property and will not tolerate the violation of trademark or copyright law. You agree that any data, content, or materials you upload, store, or process through HostPepper's Services must not infringe the intellectual property rights, including copyrights, trademarks, patents, or any other proprietary rights of any third party. HostPepper disclaims any liability for claims related to the intellectual property rights of third parties regarding your data.

18. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by HostPepper. HostPepper assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, HostPepper does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release HostPepper from any and all liability arising from your use of any third-party website. Accordingly, HostPepper encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

19. COPYING DATA AND OFFSITE REDUNDANCY STORAGE

By using HostPepper's Services, you agree and consent to HostPepper making copies of all data stored on our servers for the purpose of maintaining redundancy backups. These backups will be stored on offsite servers and managed on a rolling basis to ensure the integrity and availability of your data. The backups are maintained solely for data recovery in case of hardware failure, corruption, or other unforeseen events, and HostPepper will make reasonable efforts to ensure that they are accurate and up-to-date. All redundancy backups will be encrypted and stored in compliance with applicable security and privacy regulations, with commercially reasonable steps taken to protect the confidentiality and integrity of your data during the backup process. However, HostPepper does not guarantee the accuracy or availability of the backup data and is not liable for any loss, corruption, or delay in restoring your data from backups. You acknowledge that the backup system is intended as a safeguard and not as a substitute for maintaining your own backup systems.

20. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. HostPepper, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HostPepper, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (IV) ANY ACTION OR FAILURE TO ACT BY HostPepper CONSISTENT WITH THE TERMS OF THIS AGREEMENT, AND HostPepper ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AUTO- GENERATED OUTPUTS INCLUDING TEXT, LOGOS, NAMES, SLOGANS, ETC. HAVE NOT BEEN REVIEWED FOR ACCURACY OR INTELLECTUAL PROPERTY CLEARANCE. HostPepper MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE ACCURACY, RELIABILITY, WHETHER OUTPUTS MAY INFRINGE ON THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, ETC. YOU SHOULD SEEK INDEPENDENT PROFESSIONAL LEGAL ADVICE BEFORE YOU RELY ON ANY AUTO-GENERATE OUTPUT.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HostPepper, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

21. LIMITATION OF LIABILITY

IN NO EVENT SHALL HostPepper, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR IN NO EVENT SHALL HostPepper, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
IN NO EVENT SHALL HostPepper, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
IN NO EVENT SHALL HostPepper, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR

22. INDEMNITY

YOU AGREE TO PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS HostPepper AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, COSTS, EXPENSES, LOSSES, LIABILITIES AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) IMPOSED UPON OR INCURRED BY HostPepper DIRECTLY OR INDIRECTLY ARISING FROM (I) YOUR USE OF AND ACCESS TO THIS SITE OR THE SERVICES FOUND AT THIS SITE; (II) YOUR VIOLATION OF ANY PROVISION OF THIS AGREEMENT OR THE POLICIES OR AGREEMENTS WHICH ARE INCORPORATED HEREIN; AND/OR (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT. THE INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE. YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS HostPepper, ITS AFFILIATES, AND ITS EMPLOYEES FROM ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM THE CUSTOMER’S FAILURE TO MAINTAIN ADEQUATE BACKUPS OR ANY ACTIONS TAKEN IN RELIANCE UPON HostPepper’S SERVICES DURING PERIODS OF DOWNTIME OR HARDWARE FAILURE.

23. DATA BREACH, THIRD-PARTY ATTACKS, AND CUSTOMER ISSUES - WAIVER AND RELEASE OF LIABILITY

HostPepper takes commercially reasonable steps to secure and protect customer data, but you acknowledge that no method of data transmission or storage is completely secure. Accordingly, HostPepper shall not be liable for any damages, costs, or losses resulting from a data breach, hacking, cyberattack, or unauthorized access to your data by third parties or due to software, hardware, or network vulnerabilities. HostPepper is also not liable for any issues arising from your actions, omissions, or negligence, including improper system configurations, failure to secure account credentials, or noncompliance with HostPepper’s policies. You agree to waive and release HostPepper from all claims, demands, liabilities, or damages (including direct, indirect, incidental, consequential, or punitive damages) related to any data breach, unauthorized access, or third-party attack on HostPepper’s systems, as well as any loss or corruption of your data or issues caused by your actions. In the event that HostPepper is found liable, its liability will be limited to the amount you paid for services in the 12 months prior to the event in question. You further agree to indemnify, defend, and hold harmless HostPepper and its affiliates from any claims, liabilities, damages, or expenses (including attorneys’ fees) arising from data breaches, unauthorized access, or third-party attacks involving your account or data.

24. COMPLIANCE WITH LOCAL LAWS

HostPepper makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

25. DISPUTES AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.

DISPUTES THE TERMS OF THIS SECTION SHALL APPLY TO ALL DISPUTES BETWEEN YOU AND HostPepper. FOR THE PURPOSES OF THIS SECTION, “DISPUTE” SHALL MEAN ANY DISPUTE, CLAIM, OR ACTION BETWEEN YOU AND HostPepper ARISING UNDER OR RELATING TO ANY HostPepper SERVICES OR PRODUCTS, HostPepper’S WEBSITES, THIS AGREEMENT, OR ANY OTHER TRANSACTION INVOLVING YOU AND HostPepper, WHETHER IN CONTRACT, WARRANTY, MISREPRESENTATION, FRAUD, TORT, INTENTIONAL TORT, STATUTE, REGULATION, ORDINANCE, OR ANY OTHER LEGAL OR EQUITABLE BASIS, AND SHALL BE INTERPRETED TO BE GIVEN THE BROADEST MEANING ALLOWABLE UNDER LAW. YOU AND HostPepper AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR HostPepper FOR (I) TRADE SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) COPYRIGHT INFRINGEMENT OR MISUSE, AND (IV) TRADEMARK INFRINGEMENT OR DILUTION. MOREOVER, NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, YOU AGREE THAT A COURT, NOT THE ARBITRATOR, MAY DECIDE IF A CLAIM FALLS WITHIN ONE OF THESE FOUR EXCEPTIONS.

EXCLUSIVE VENUE, WAIVER OF JURRY TRIAL AND CLASS ACTIONS. YOU AND HostPepper AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR HostPepper WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS. HostPepper AND YOU FURTHER AGREE THAT ANY CONTROVERSY EXCLUDED FROM THE DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER PROVISIONS IN THIS SECTION (OTHER THAN AN INDIVIDUAL ACTION FILED IN SMALL CLAIMS COURT) SHALL BE FILED ONLY IN THE EIGHTTH JUDICIAL DISTRICT COURT OF CLARK COUNTY, NEVADA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA, AND EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS FOR ANY SUCH CONTROVERSY. YOU ALSO AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY SUCH ACTION OR PROCEEDING.

If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of this Agreement.

26. UNCLAIMED PROPERTY; MAINTENANCE CHARGES

Please be advised that if a customer has an outstanding account balance (a credit positive balance), for three (3) years or more for any reason, then HostPepper shall turn over such account balance to the applicable U.S. state in accordance with state law.

27. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

28. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

29. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

30. FORCE MAJEURE

HostPepper shall not be held liable or responsible for any failure or delay in fulfilling its obligations under this Agreement when such failure or delay is caused by or results from causes beyond HostPepper's reasonable control, including but not limited to acts of God, natural disasters (such as earthquakes, floods, hurricanes, wildfires, and other extreme weather events), acts of war, terrorism, civil unrest, insurrection, or sabotage. Additionally, this includes epidemics, pandemics, quarantines, or public health emergencies; governmental orders, regulations, restrictions, embargoes, or interventions; cyberattacks, hacking, distributed denial- of-service (DDoS) attacks, ransomware, or any other form of unauthorized intrusion or third- party interference; failure or interruption of internet service providers, telecommunications systems, power supply, or utility services; supply chain disruptions, shortages of materials, or labor strikes; fires, explosions, or mechanical failures; hardware or software failures outside the reasonable control of HostPepper; and any other event or circumstance, whether similar or dissimilar to the foregoing, that is beyond the reasonable control of HostPepper.
In the event of a Force Majeure event, HostPepper shall make reasonable efforts to mitigate the impact of the event and resume the affected services as soon as practicable. However, the duration of any such Force Majeure event, including the time necessary to restore services, shall be excused without liability. The customer acknowledges and agrees that no refunds, credits, or compensation of any kind shall be provided for disruptions, delays, or downtime caused by a Force Majeure event.
If a Force Majeure event continues for a period exceeding thirty (30) days, either party may terminate this Agreement upon written notice to the other party without penalty or further obligation, except for any obligations accrued prior to the Force Majeure event.

31. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
HostPepper Legal Department

support@hostpepper.com

2620 Western Ave Las Vegas NV 89103