Terms of Service

These Terms of Service (the “Agreement”) are an agreement between HostAdmiral.com (“HostAdmiral” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by HostAdmiral and of the HostAdmiral.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to the terms contained in this agreement, you are not authorized to use the services provided by HostAdmiral.com.

Additional Policies and Agreements

Use of the Services is also governed by our Privacy and Payment policies which are hereby incorporated by reference into this Agreement.

Eligibility to use HostAdmiral.com's Services

By registering for or using the Services, you warrant that:

You are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

If you use the Services on behalf of a legal entity or another party you agree that you are authorized to bind such other party to this Agreement and to act on their behalf with respect to any actions you take in connection with the Services.

It is your responsibility to provide accurate, up-to-date, truthful, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. HostAdmiral.com is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact us at contact@hostadmiral.com via email or update your contact information through our Billing System. Providing false contact information of any kind may result in the termination of your account.

You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

Transfers

We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer.

In no event shall HostAdmiral.com be held liable for any lost or missing data or files resulting from a transfer to or from HostAdmiral.com. You are solely responsible for backing up your data in all circumstances.

All Rights Reserved

All rights to use HostAdmiral.com content that are not expressly granted in this Agreement are reserved by HostAdmiral.com.

Any use of HostAdmiral.com content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the services.

User Generated Content

User Generated Content includes any content posted by you or by users of any of your websites hosted through HostAdmiral.com’s services.

You are solely responsible for any and all User Generated Content and any transactions or other activities conducted on or through User Websites. By posting any User Generated or other content through HostAdmiral.com’s services you warrant that you have all the necessary rights to post or distribute the content and said posting or distribution does not infringe or violate the rights of any third party.

User Content Monitoring

HostAdmiral.com does not pre-screen User Generated Content. HostAdmiral.com does reserve the right (but does not undertake a duty) to do so and decide whether any item of User Generated Content is appropriate and/or complies with this Agreement. HostAdmiral.com may 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 HostAdmiral.com in its sole and absolute discretion), at any time and without prior notice. If HostAdmiral.com terminates your access to the Services, we may in our sole and absolute discretion remove and destroy any data and files stored by you on its servers.

Limitation of Liability

IN NO EVENT WILL HostAdmiral.com, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH OUR SERVICES. This shall apply whether or not HostAdmiral.com is aware or has been provided information as to any potential damages.

Hold Harmless Agreement

By using our services you agree to indemnify, defend and hold harmless HostAdmiral.com from and against all claims, damages, losses, liabilities, suits, actions, demands, judicial and/or administrative proceedings, including (but not limited to) a reasonable amount for attorney’s fees incurred in defending any such action brought by a third party arising out of your use of our services, any breach of this agreement or any acts or omissions on your part. These terms shall survive termination of this agreement.

No Warranties Either Express or Implied

HostAdmiral.com shall not be responsible for any damages your business may suffer. HostAdmiral.com makes no warranties of any kind, expressed or implied for the Services. HostAdmiral.com disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by HostAdmiral.com or our employees.

Severability

If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the parties.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, or interruptions of transportation or communications.

Assignment of this Agreement

This agreement is non-assignable and non-transferable without the express, written consent of HostAdmiral.com. Any attempt to do so without the express written consent of HostAdmiral.com shall be null and void and of no effect.

HostAdmiral.com may from time to time use subcontractors and we may assign our rights and obligations in furtherance thereof without the User’s consent.

Governing Law and Venue

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Missouri, U.S.A. without regard to any conflict of laws provision.

By using the Services herein described you agree that any action or dispute arising from the Services that is unable to be resolved through arbitration for whatever reason shall be brought solely in a court of competent jurisdiction in Boone County, Missouri.

Consent to Arbitration

Any controversy or claim arising out of or relating to this contract,
or the breach thereof, shall be settled by arbitration administered
by the rules of the American Arbitration Association
under its Commercial Arbitration Rules. The number of arbitrators shall be
one. The place of arbitration shall be Columbia, Missouri.
Missouri law shall apply. Judgment on the award rendered by the
arbitrator.

Entire Agreement

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.