ChristianWebHoster and its affiliates provide products and services to clients all around the world. ChristianWebHoster 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 ChristianWebHoster, you accept these conditions.
Please read them carefully. In addition, when you use any current or future ChristianWebHoster products and services or visit or purchase from any business affiliated with ChristianWebHoster, whether or not included in the ChristianWebHoster Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
"ChristianWebHoster, Inc.", "ChristianWebHoster", "ChristianWebHoster" "ChristianWebHoster Network" and "We" are defined as the company ChristianWebHoster, Inc. "The client", "ChristianWebHoster' clients," and "You" are defined as patrons of ChristianWebHoster, Inc. "This site" is defined as any website that is owned, operated or otherwise directly or indirectly maintained by ChristianWebHoster, Inc. "Service" and "Product" are interchangeable, and defined as any merchandise or commercial offering of ChristianWebHoster. The term "spam" is used as it is currently defined by the Federal Trade Commission.
We strive to ensure that you are 100% satisfied with our services. If at any time you are disatisfied we welcome you to contact us for a prompt resolution to your complete satisfaction. You are not bound by any contract to remain hosting with us and can cancel at any time should you so choose by simply contacting us in the Client Area Support Ticket system.
We strive to provide 100% uptime and communicate with our clients if there are any issues affecting service levels.
Affiliates can refer clients to ChristianWebHoster.com and any clients who sign up directly through their affiliate link they will receive 20% commission for per payment made and cleared any fraud screening.
When you visit ChristianWebHoster 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 ChristianWebHoster 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 ChristianWebHoster from any claims resulting from the use of the service which directly or indirectly damages any other party.
ChristianWebHoster takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Clients of ChristianWebHoster may not use or permit others to use our network to partake in UCE or SPAM distribution. Clients of ChristianWebHoster 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. ChristianWebHoster 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 ChristianWebHoster 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, ChristianWebHoster 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 client 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 client, or client's, web hosted content or information.
A service fee of $125/hour will apply for investigation and corrective work performed by ChristianWebHoster to resolve SPAM violations.
If, as a result of a Client's actions, ChristianWebHoster's mail servers or IP address ranges are placed on email black hole lists or other mail filtering software system list, ChristianWebHoster shall charge the Client $250 upfront and $125/hour thereafter for any necessary investigation and corrective work.
General Statement: ChristianWebHoster's Acceptable Use Policy ("AUP") is provided to give our clients and users a clear understanding of what ChristianWebHoster expects of them while using a product or service. All users of ChristianWebHoster's products and services: those who access some of our Products and Services but do not have accounts, users accessing content you place on ChristianWebHoster'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:
Clients 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. Clients 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. Clients 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 clients filtering plan.
Clients requesting Reverse DNS / PTR on their assigned IP space must adhere to the following policies:
While the vast majority of our clients are friendly and pleasant people, we do have a duty to protect our staff should a client become abusive. The ChristianWebHoster client service team goes to great lengths to provide friendly, polite, prompt and excellent client service at all times. For the safety 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, 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. 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.
Discount coupons offered as promotion of any of the ChristianWebHoster Services are presented as an enticement to increase our client base and offer additional services to current clients. Coupons are limited to 1 per client, new orders only and may not be combined with other coupons or special offers. ChristianWebHoster active clients that present coupons for a similar service to what they currently subscribe to, and cancel their current service will not be eligible to have such a discount as offered with said coupon.
Promotional coupons may only be used once by any client. Creation of different/multiple accounts in order to utilize more than one coupon, or to utilize the 30 day money back guarantee more than once, is unethical and may subject your account to suspension and/or cancellation or, it may cause your services to lose the discount provided by the coupon and revert to standard retail pricing retroactively to the date of the initial subscription.
Clients may transfer a ChristianWebHoster service to another ChristianWebHoster service at any time. ChristianWebHoster will provide migration and transferal assistance for a one-time $50.00 (fifty dollar) assistance surcharge. This surcharge may be waived in lieu of client purchasing a Business or Advanced Web Hosting Package. Additional restrictions may apply, such as discount promotions may be voided if transferring from a higher cost or existing ChristianWebHoster service. For additional information about this service, you may contact our help desk or sales team.
You agree to pay ChristianWebHoster for Products and Services without deduction, or delay for any reason. At any time, ChristianWebHoster may require you to pay a deposit or increase an existing deposit as a condition of providing Services. You authorize ChristianWebHoster to investigate your credit history at any time and to share credit information about you with credit reporting agencies (please note this is something that is rarely done, and only in the case of large orders where fraud screening has determined the order is questionable). 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 ChristianWebHoster for all costs associated with collecting delinquent or dishonored payments. Accounts not paid in full within three (5) 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.
If you dispute charges on your bill, you must notify ChristianWebHoster 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, BIENNIAL, AND TRIENNIAL PLANS: Should you cancel an annual, biennial, and/or triennial plan 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. We do not charge any early termination fees.
Upon the expiration or termination of a Service Order/Agreement/Plan under which space is made available to Client, Client will surrender the applicable Space to ChristianWebHoster (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 Client, reasonable wear and tear excepted. Client will remove the Equipment from the Space and the Facility and will fully repair any damage to the Facility caused by Client, including, without limitation, any damage resulting from Client's removal of the Equipment from the Space. Any Equipment and/or personal property of Client 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 Client. Company may, upon written notice to Client, apportion, sell, use, store, destroy, or otherwise dispose of the Equipment or Client's personal property without liability to Client or any other person or entity. Client will pay all expenses and costs incurred in connection with Company's disposition of the Equipment and Client's personal property, including, without limitation, the cost of restoring the Facility to its original condition and of removing the Equipment or Client's personal property from the Facility. Should Client wish to leave Equipment at ChristianWebHoster for an indefinite period, Client may do so at a rate of $50.00 (fifty dollars USD) per 1U per month of space occupied.
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 ChristianWebHoster with a valid tax exemption certificate before ChristianWebHoster provides Services to you. You are responsible for payment of any and all state, federal, or international surcharges.
ChristianWebHoster offers multiple flexible bandwidth packages on all web hosting and service plans. Hosting and Service Plans with Un-Metered Bandwidth provides you with a network port locked at a specific Un-Metered Bandwidth speed (for example, Un-Metered 100 Mbps means your server has a 100 Mbps port) and you can use that network port during the entire billing period without any bandwidth over-usage fees. Hosting and Service Plans with Total Monthly Bandwidth allotment plans (such as 1000 GB per month) allow you to push traffic at very high speeds (Up to 100 Mbit or higher, depending on your server's port speed) over our Premium Network. The bandwidth is calculated by total usage of bandwidth (both inbound and outbound usage). For example, on a 1000 GB plan, your hosting plan can transmit up to a total of 1000 GB of data per month (that could be 999GB in bound and 1GB outbound, vice-versa, or any combination of inbound and outbound usage totalling 1000GB or less). Usage levels over your alloted 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.
ChristianWebHoster provides this section to detail additional policies applicable for accounts on any standard web hosting plan (also known as 'shared', 'ultimate' and 'reseller' plans). Accounts many not use more than 10 % of the server's CPU, Disk, Memory or web port connections. Accounts may not run daemons or back ground tasks. Accounts may store at most 3 (three) backups of their account in the server's disk space (presuming the space is available). 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 hosting accounts to store multiple backups or violate this policy in any manner may be suspended and/or backups/hosted data removed without notice. ChristianWebHoster will make reasonable efforts where possible to contact the account holder to offer a paid upgrade to Virtual or Dedicated Server hosting when an account exceeds the resource usage policy limits. If the resource usage limits are exceeded ChristianWebHoster may, without prior notice or warning, limit access, suspend or terminate the account at ChristianWebHoster's sole discretion. Accounts suspended by resellers are subject to termination at ChristianWebHoster's discretion 30 days after suspension. Accounts that no longer resolve to ChristianWebHoster's network are subject to termination at ChristianWebHoster's discretion.
All content included on ChristianWebHoster's websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ChristianWebHoster or its content suppliers and protected by United States and international copyright laws. The compilation of all content on ChristianWebHoster's websites is the exclusive property of ChristianWebHoster and protected by U.S. and international copyright laws. All software used on ChristianWebHoster's websites is the property of ChristianWebHoster or its software suppliers and protected by United States and international copyright laws.
ChristianWebHoster, ChristianWebHoster.com, ChristianWebHoster.net, ChristianWebHosters.com, ChristianWebHosters.net, and other marks indicated on our site are registered trademarks of ChristianWebHoster, Inc. or its subsidiaries, in the United States and other countries. ChristianWebHoster's trademarks and trade dress may not be used in connection with any product or service that is not ChristianWebHoster's, in any manner that is likely to cause confusion among clients, or in any manner that disparages or discredits ChristianWebHoster. All other trademarks not owned by ChristianWebHoster 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 ChristianWebHoster or its subsidiaries.
Any propriety software and service product line by ChristianWebHoster may have patents-pending at this time.
ChristianWebHoster 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 ChristianWebHoster. This license does not include any resale or commercial use of ChristianWebHoster'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 ChristianWebHoster. 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 ChristianWebHoster and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing ChristianWebHoster's name or trademarks without the express written consent of ChristianWebHoster. Any unauthorized use terminates the permission or license granted by ChristianWebHoster. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ChristianWebHoster so long as the link does not portray ChristianWebHoster, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ChristianWebHoster logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use ChristianWebHoster 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 ChristianWebHoster only with involvement of a parent or guardian. ChristianWebHoster 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.
To cancel or elect not to renew any product or service, the client must submit a cancellation request via the ChristianWebHoster 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 client and ChristianWebHoster, cancellation must be completed via the ChristianWebHoster 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, ChristianWebHoster 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, ChristianWebHoster 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 ChristianWebHoster 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 client. 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 design 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 ChristianWebHoster 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 ChristianWebHoster pays to a registrar, are also non-refundable.
ChristianWebHoster 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 visit our Abuse Center.
ChristianWebHoster and its affiliates attempt to be as accurate as possible. However, ChristianWebHoster 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 ChristianWebHoster 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 ChristianWebHoster 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. ChristianWebHoster 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 ChristianWebHoster service or client of ChristianWebHoster is strictly prohibited. ChristianWebHoster will pursue legal action to the fullest extent for any abuse of ChristianWebHoster 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. ChristianWebHoster reserves the right to remove any account or service without prior notice. If ChristianWebHoster 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 ChristianWebHoster (and its parent, subsidiaries, affiliates, officers and employees) from and against any costs, damages, liabilities and losses (including legal fees) suffered or incurred by ChristianWebHoster 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 ChristianWebHoster will be effective as of the date you sign up for any ChristianWebHoster 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 ChristianWebHoster via the primary ChristianWebHoster website, www.ChristianWebHoster.com.
Without limiting other remedies, ChristianWebHoster or its affiliates may limit, suspend, or terminate your use of ChristianWebHoster Products and Services, prohibit access to ChristianWebHoster's website, remove hosted content such as emails and website data, and take technical and legal steps to keep you off ChristianWebHoster's network if we suspect that you are in breach of these Terms of Service, or are past due by more than 5 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 ChristianWebHoster network, if you purchased ChristianWebHoster Product or Services from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. ChristianWebHoster shall effect such termination by preventing access to your account and to the ChristianWebHoster network as well as delete any website content, data, or domain names stored on our network. If you provided a valid email address, ChristianWebHoster 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 ChristianWebHoster 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 ChristianWebHoster network.
You acknowledge and understand that if the ChristianWebHoster Service or Products do not function as a result of a force majeure event, ChristianWebHoster 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 ChristianWebHoster. In the event ChristianWebHoster is affected by a force majeure event, it shall post a notification on the ChristianWebHoster 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. ChristianWebHoster 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 CHRISTIANWEBHOSTER 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.
CHRISTIANWEBHOSTER 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. CHRISTIANWEBHOSTER 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 CHRISTIANWEBHOSTER 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 CHRISTIANWEBHOSTER 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 CHRISTIANWEBHOSTER 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 ChristianWebHoster in contract, tort, statutory duty or otherwise (even where ChristianWebHoster 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 ChristianWebHoster becomes liable for loss or damage that would otherwise have been limited.
By visiting ChristianWebHoster, you agree that the laws of the state of Texas, 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 ChristianWebHoster or its affiliates.
Any dispute relating in any way to your visit to ChristianWebHoster or to products and services you purchase through ChristianWebHoster shall be submitted to confidential arbitration in Dallas, Texas, except that, to the extent you have in any manner violated or threatened to violate ChristianWebHoster's intellectual property rights, ChristianWebHoster may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, 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.