These Terms and Conditions (the "Agreement") are entered into between HostingDeer.com ("Provider"), and the customer (the "Customer") who orders and utilizes the web hosting services (the "Services") provided by Provider. By using the Services, the Customer agrees to be bound by these Terms and Conditions.
- Web Hosting Services: Provider agrees to provide the Customer with web hosting services (the "Services"), subject to the terms and conditions of this Agreement. The Customer agrees to pay Provider for the Services in accordance with the terms set forth in this Agreement.
- Payment: The Customer agrees to pay Provider for the Services on a monthly or yearly basis as agreed upon by the parties. Payment is due on the first day of each billing cycle. Provider reserves the right to suspend or terminate the Services if payment is not received on time.
- Termination: Either party may terminate this Agreement at any time for any reason. In the event that the Customer terminates this Agreement prior to the end of the billing cycle, the Customer will not receive a refund for any unused portion of the Services.
- Content: The Customer is solely responsible for all content hosted on Provider's servers. Provider does not monitor, control, or endorse the content of the Customer's website. The Customer agrees to comply with all applicable laws, rules, and regulations regarding content posted on their website.
- Backups: Provider will perform regular backups of the Customer's data, but the Customer is ultimately responsible for maintaining their own backup copy of all data hosted on Provider's servers. Provider is not responsible for any lost data.
- Limitation of Liability: Provider shall not be liable for any damages arising out of or in connection with the Services provided under this Agreement, including but not limited to, damages for loss of business, loss of profits, or other consequential damages.
- Warranty: Provider warrants that the Services provided under this Agreement will be provided in a professional and workmanlike manner. The Customer acknowledges that the Services are provided on an "as is" basis and that Provider makes no warranties, express or implied, regarding the Services.
- Indemnification: The Customer agrees to indemnify and hold Provider harmless from any and all claims, damages, and expenses, including reasonable attorney's fees, arising from the Customer's use of the Services.
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Provider is located.
- Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or understandings, whether oral or written.
- Amendments: Provider reserves the right to amend this Agreement from time to time without notice to the Customer. The Customer's continued use of the Services after any such amendment shall constitute the Customer's acceptance of such amendment.
- Assignment: The Customer may not assign this Agreement without the prior written consent of Provider.
- Waiver: The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.
- Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.
- Survival: The provisions of Sections 4, 5, 6, 7, 8, and 9 shall survive any termination or expiration of this Agreement.