1. ACCEPTANCE OF TERMS

Hostomo welcomes you.
Hostomo provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://hostomo.com/legal/terms-condition. In addition, when using particular Hostomo host owned or operated services, you and Hostomo shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Hostomo may also offer other services that are governed by different Terms of Service.

2. DESCRIPTION OF SERVICE

Hostomo provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service").

You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Hostomo to provide the Service. You also understand and agree that the Service may include certain communications from Hostomo, such as service announcements, administrative messages and the Hostomo Newsletter, and that these communications are considered part of Hostomo membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Hostomo properties, shall be subject to the TOS.

You understand and agree that the Service is provided "AS-IS" and that Hostomo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and

(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hostomo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hostomo has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Hostomo is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 6 below) are appropriate for your child.

4. HOSTOMO PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at Privacy Policy , You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Hostomo and its affiliates.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:

• a. immediately notify Hostomo of any unauthorized use of your password or account or any other breach of security, and
• b. ensure that you exit from your account at the end of each session. Hostomo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Hostomo, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Hostomo does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, pornographic, indecent or objectionable. Under no circumstances will Hostomo be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You Agree To Not Use The Service To:

• 1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• 2. harm minors in any way;
• 3. impersonate any person or entity, including, but not limited to, a Hostomo official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• 4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• 5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• 6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; This includes linking to or redirecting to any content or copyright files hosted on a 3rd party resource / servers.
• 7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
• 8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• 9. upload, post, email, transmit or otherwise make available any material that is of broadcast / streaming types.
• 10. upload, post, email, transmit or otherwise make available any material that is of keylogging / proxy service / irc / shell(s) if any type / file hosting / file sharing types.
• 11. upload, post, email, transmit or otherwise make available any material on free hosting accounts that is of pornographic nature.
• 12. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• 13. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• 14. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
• 15. "stalk" or otherwise harass another; and/or
• 16. upload, post, email, transmit or otherwise material for the purposes of file distribution, relay, or streaming reasons.
• 17. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 15 above.

USE OF COPYRIGHT MATERIAL AND PROOF OF OWNERSHIP OF CONTENT

Sites must not contain Warez, copyright or other illegal material including links or redirects to copyright material hosted on 3rd party websites / resources. The onus is on you the customer to prove that you own the rights to publish material, not for Hostomo to prove that you do not. Hostomo does not allow the propagation or distribution of copyright material, files or warez under any circumstances.

ACCEPTABLE SERVER RESOURCE USE

Sites must not use excessive amounts of server resources. These include bandwidth, processor utilization and / or disk space. Please see the 'High Resource Use Policy' in the General Terms and Conditions.

BACKUPS / REQUESTING DATA BACKUP

It is the client / account holders responsibility to maintain and keep backups of website and MySQL data. We do not provide data restores from our archives / restoring a website or database to an earlier version. We also do not provide free backups / archives of customers own current data. We reserve the right to charge a fee of 9.99 USD if we are requested to create a backup on a customers behalf. We may choose to waive this fee under circumstances of our choosing.

SCRIPT USAGE TERMS

Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts that are designed to provide proxy services, anonymous or otherwise, are not allowed. The primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk email or perform processor intensive database processes are not allowed. All outgoing mail is monitored and filtered and must be sent to or from a Hostomo -hosted domain. Sites must not contain scripts that attempt to access privileged server resources, or other sites on the same server

USAGE OF DISK SPACE TERMS

Hostomo offers large web space and bandwidth with hosting accounts. By this, we mean space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any backups, downloads, or other non-web based content. We will treat all password protected archive (e.g. zip and rar) files as unacceptable. Multimedia content such as audio and video is acceptable provided it is streamed to the user, links to HTTP download of this content is not acceptable. Archives of movie files, audio files, zips, rars or any large volumes of files used for downloading / sharing is not allowed.

INODE USAGE
In computing, an inode is a data structure on a traditional Unix-style file system such as UFS. An inode stores basic information about a regular file, directory, or other file system object. en.wikipedia.org/wiki/Inode Hostomo reserves the right to limit INODEs usage on premium hosting plans to 180,000 and unlimited inodes on Business hosting plans subject to acceptable usage.

RIGHT TO SUSPEND / TERMINATE HOSTING SERVICES

You acknowledge that Hostomo may or may not pre-screen Content, but that Hostomo and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Hostomo and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable, or caused network / server overload. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Hostomo or submitted to Hostomo , including without limitation information in Hostomo Message Boards and in all other parts of the Service.

You acknowledge, consent and agree that Hostomo may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

• a. comply with legal process
• b. enforce the TOS
• c. respond to claims that any Content violates the rights of third parties
• d. respond to your requests for customer service; or (e) protect the rights, property or personal safety of Hostomo , its users and the public;

You understand that the technical processing and transmission of the Service, including your Content, may involve

• a. transmissions over various networks; and
• b. changes to conform and adapt to technical requirements of connecting networks or devices;

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Hostomo and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

INTERSTATE NATURE OF COMMUNICATIONS ON Hostomo NETWORK

When you register with Hostomo, you acknowledge that in using Hostomo services to send electronic communications (including but not limited to email, uploading photos and files and other Internet activities), you will be causing communications to be sent through Hostomo's computer networks, portions of which are located in California, Ohio, UK, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Hostomo's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Hostomo does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Hostomo the following worldwide, royalty-free and non-exclusive license(s), as applicable:

• With respect to Content you submit or make available for inclusion on publicly accessible areas of Hostomo Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the Hostomo Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Hostomo removes such Content from the Service.
• With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Hostomo Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Hostomo removes such Content from the Service.
• With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Hostomo Servers, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the Hostomo network of properties that are intended by Hostomo to be available to the general public. By way of example, publicly accessible areas of the Service would include Hostomo Message Boards and all areas that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Hostomo Servers that are limited to members, Hostomo services intended for private communication such as Hostomo Mail or, or areas off of the Hostomo network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Hostomo.

10. CONTRIBUTIONS TO HOSTOMO

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Hostomo through its forum, or contact forums, you acknowledge and agree that:

• a. your Contributions do not contain confidential or proprietary information;
• b. Hostomo is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
• c. Hostomo shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
• d. Hostomo may have something similar to the Contributions already under consideration or in development;
• e. your Contributions automatically become the property of Hostomo without any obligation of Hostomo to you; and
• f. you are not entitled to any compensation or reimbursement of any kind from Hostomo under any circumstances.

11. INDEMNITY

You agree to indemnify and hold Hostomo and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

12. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Hostomo ID), use of the Service, or access to the Service, unless you are a member of the Hostomo Reseller Service, utilising the reselling platform to resell to end users.

13. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Hostomo may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that idle hosting accounts, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Hostomo 's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Hostomo has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Hostomo reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Hostomo reserves the right to modify these general practices and limits from time to time.

14. MODIFICATIONS TO SERVICE

You agree that Hostomo may, under certain circumstances and without prior notice, immediately terminate your Hostomo account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to:

• a. breaches or violations of the TOS or other incorporated agreements or guidelines
• b. requests by law enforcement or other government agencies
• c. a request by you (self-initiated account deletions)
• d. discontinuance or material modification to the Service (or any part thereof)
• e. unexpected technical or security issues or problems
• f. extended periods of inactivity
• g. engagement by you in fraudulent or illegal activities, and/or nonpayment of any fees owed by you in connection with the Services
Termination of your Hostomo account includes
• a. removal of access to all offerings within the Service, including but not limited to Hosting accounts, Email Services, SQL databases
• b. deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
• c. barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Hostomo's sole discretion and that Hostomo shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service

Refund Policy

Refunds are issued at the sole discretion of Hostomo. Hostomo reserves the right not to issue a refund. Customer agrees that hosting payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with Hostomo mid-way through the term. Payments which are deemed to be fraud which can be verfied and certain to be fraud are elligable to a refund, subject to the terms and conditions of the payment provider such as PayPal or 2Checkout.

16. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Hostomo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

17. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Hostomo has no control over such sites and resources, you acknowledge and agree that Hostomo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Hostomo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

18. HOSTOMO 'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Hostomo or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

19 FREE DOMAIN WITH PAID HOSTING

Free domain names which are included with Paid Hosting accounts are the property of Hostomo Internet. Hostomo will always retain ownership of free domain names we register. If requested, Hostomo will allow the 'transfer' any free domains to an alternative hosting provider if a transfer administration fee is paid, which amounts to $29.99. If the service has been provisioned for over 12 months or sooner Hostomo may waiver the above mentioned transfer fee. Hostomo reserves the right to cancel / transfer domain names which are provided with paid hosting accounts. We reserve the right to renew or allow the expiration of domain names we register. If a service is cancelled and a refund requested the cost incurred of renewing or providing the free domain name will be minused from the refund amounts (this could sometimes lead to a negative value). The .INFO domain name provided with the 'monthly standard' premium plan is free for the 1st year only, to keep the domain after the 1st year, a renewal fee needs to be paid. (This is a separate additional payment to the monthly payments for the hosting) To renew the INFO domain name, we require a payment of $23.38 USD to cover the cost of renewing the domain with the registrars. The free domain included with the monthly ultimate account is free to renewal each year providing you are in good billing status for all 12 monthly payments over the year. You are not allowed to alter the name servers or transfer a free domain included with the monthly ultimate plan until 2 (two) complete months of payment has been made (2 x $7.99). We reserve the right to suspend any free domain name associated with a monthly ultimate account which has not been paid for 2 complete months.

DOMAIN NAME GENERAL TERMS OF SERVICE

We use PublicDomainRegistry.com and ENOM to register domain names for our clients.

If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreement which can be seen here: http://www.enom.com/terms/agreement.aspx and here: http://www.enom.com/terms/agreement.aspx Domains shall be renewal prices may vary and can be seen in your client area. Domain renewal reminders and invoices for renewal will be sent in advance of expiration via email to the address stored in your client area once paid the domain name will be renewed. Domain names that expire have a 'grace' period that they can be renewed. The grace period differs per extension, the grace periods can be seen here: https://Hostomo.com/portal/delete-autorenew.html Should an expired domain enter the redemption period, the cost of restoring the domain shall be no more than $240 the price does depend on the domain extension, for exact pricing please see http://doma151591.supersite2.myorderbox.com/domain-registration/domain-registration-price.php and click on 'Restoration' in the top right corner.

21. 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”. Hostomo, 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. Hostomo, its officers, directors, employees, and agents make no representations or warranties about:

• 1. The accuracy, completeness, or content of this site,
• 2. the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or
• 3. the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and Hostomo assumes no liability or responsibility for the same.

In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Hostomo, its officers, directors, employees, or agents (including without limitation its call center or customer service representatives), and third party service providers will:

• 1. Constitute legal or financial advice or
• 2. 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.

22. LIMITATION OF LIABILITY

In no event shall hostomo, 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

• 1. the accuracy, completeness, or content of this site,
• 2. the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
• 3. the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
• 4. personal injury or property damage of any nature whatsoever,
• 5. third-party conduct of any nature whatsoever,
• 6. any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein,
• 7. any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
• 8. any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,
• 9. any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or
• 10. any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not hostomo is advised of the possibility of such damages.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Hostomo’s total aggregate liability exceed $10,000.00 U.S. Dollars.

THE FOREGOING LIMITATION OF LIABILITY 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.

23. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Hostomo 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 Hostomo directly or indirectly arising from

• 1. your use of and access to this Site or the Services found at this Site;
• 2. your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or
• 3. 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.

24. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations of sections 19 and 20 may not apply to you.

25. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Hostomo and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

26. DISCONTINUED SERVICES; END OF LIFE POLICY

Hostomo reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Hostomo makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, that product or service will no longer be supported by Hostomo, in any way, effective on the EOL date.

Notice and Migration

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. Hostomo 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.

No Liability

Hostomo will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

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. COMPLIANCE WITH LOCAL LAWS

Hostomo 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.

30. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here, this Agreement shall be governed by and construed in accordance with the laws of the Netherlands. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.

31. 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.

32. TRADEMARK INFORMATION

The Hostomo, Hostomo logo, Hostomo (in Chinese characters), trademarks and service marks and other Hostomo logos and product and service names are trademarks of Hostomo (the "Hostomo Marks"). Without Hostomo's prior permission, you agree not to display or use in any manner the Hostomo Marks.

33. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Hostomo respects the intellectual property of others, and we ask our users to do the same. Hostomo may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Hostomo's Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf

Hostomo's Agent for Notice of claims of copyright or other intellectual property infringement can be reached at [email protected].

34. GENERAL INFORMATION

Entire Agreement.

The TOS constitutes the entire agreement between you and Hostomo and governs your use of the Service, superseding any prior agreements between you and Hostomo with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Hostomo services, affiliate services, third-party content or third-party software

Choice Of Law And Forum.

The TOS and the relationship between you and Hostomo shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and Hostomo agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Northumberland, United Kingdom.

Waiver And Severability Of Terms.

The failure of Hostomo to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right Of Survivorship And Non-Transferability.

You agree that your Hostomo account is non-transferable and any rights to your Hostomo ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute Of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

35. MAXIMUM FREE HOSTING ACCOUNTS PER PERSON

Three free hosting accounts are allowed per person. Registering more than three accounts is considered abuse and will result in all accounts being terminated without notice.

36. VIOLATIONS

Please report any violations of the TOS to [email protected]

37. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email at the following address:

[email protected]