- SpinningHost servers and other infrastructure may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat or violates export control laws. Additionally, in purchasing SpinningHost services, all SpinningHost customers certify that they and/or the organization they represent in procuring services from SpinningHost are not, nor have been designated, a suspected terrorist as defined by the Constitution of India; are not owned or controlled by a ‘suspected terrorist’ as defined by the Constitution of India, and are not on, are not a member of, related to, associated with, or controlled by any organizations listed as terrorist by the Govt. Of India.
- The following are the list examples of items that are not allowed to be hosted in any account under any circumstances;
- Ponzi Schemes, Money Pyramid Schemes, FOREX, E-Gold
- Proxy, Bots, Spam Bots, Port Scanners, IP Scanners, Mail Harvesting Scripts, Brute Force
Scripts, Top Sites, Chat Rooms
- Banner Rotators, File Dumps, Using disk space as Secondary Storage
- Escrow, Sales of illegal pharma, drugs, explosives
- Malware, Warez, Phishing Materials, Lottery, Gambling, Illegal Downloads, Pirated
- Streaming of live copyrighted events
- Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation and contextual interpretation of “adult material” is left entirely to the discretion of SpinningHost and its associates.
- The customer is solely responsible for the security of any software/scripts installed in their account. You must maintain proper permissions to all folders and files in your website and should keep passwords and other login credentials safe. We advise you to use strong passwords and keep changing them at least once a month.
- If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such an event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.
- Shared hosting accounts can be used purely for web hosting alone. It cannot be used for backup for storing data, software distribution, storing large pdf files, high-resolution images etc. Content not used for a website cannot be stored in its space. Only normal contents such as HTML pages, scripts, images related to the website, database can be hosted in a shared space. Audio / Video and high-resolution images storage is not allowed in shared accounts.
- Any violation found or reported to any of the above clauses will result in account suspension or termination with or without notice.
2. Project Acceptance and Operational Terms
- All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements may incur additional costs accordingly.
- By accepting a price quote issued, you agree to and accept the terms and conditions of SpinningHost. Acceptance can be verbal, initiated on an application, by email, payment of Initiation, signing a quote.
- Project once accepted, usually would follow by maintaining constant and effective communication necessary for requirements elicitation, the same can and will be used as proof of project acceptance, stating that said client was engaged with Spinninghost to render its services for the tenure.
- Clients ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements,
- Any complexity related to specific tasks must be advised in advance and included in the proposal for costing purposes. SpinningHostoperates in good faith and relies on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by SpinningHost.
- SpinningHost will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
- Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
- Any bugs (programming errors) reported during or just after the development does not attract additional charges.
- Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
- Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will SpinningHost be liable for any delays caused by change in the project brief.
- Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
- Our websites/applications are generally tested on PCs make use of recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance to ensure browser compatibility.
- Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.
- If your website/application is not hosted on a SpinningHost server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.
- Please note that at any stage during the project, stalling of the project for over two calendar months will incur Rs 1200/month administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
- The website or software application will be designed to be deployed on the web, via using a commercial-grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.
- Depending upon the functionalities required, there may be 3rd party components such as Third-Party Payment Gateways or SSL certificates involved in building a website/application. Although SpinningHost does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.
- SpinningHost takes no responsibility for any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third-party software. We suggest you to take regular back-ups to avoid any disruptions.
- SpinningHost offers packages in coordination with third-party providers. Changes to the third-party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.
- The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third-party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
- Domain registration/renewal etc charges are included as a part of any project/proposal unless mentioned otherwise. If required, a quote form will be submitted separately and approved by the client.
- Hosting charges are included in the quotations unless mentioned otherwise. SpinningHost can organise an appropriate hosting solution if required, a quote form which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. SpinningHost will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
- SpinningHost generally builds and tests the websites/applications on our own servers or hosted domains. SpinningHost cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
- Notwithstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with SpinningHost, upon full payment of any outstanding invoices, SpinningHost will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with
- the graphics,
- texts and
- images used in the published website and associated with form and functionality.
- This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.
3. General Approach and Project Timeline
For general website design & development projects we employ the following steps:
- Upon quote acceptance/signoff, initiation payment is processed to start the project. As required by the project. Once we have the brand details such as logo, images, branding materials etc, we will have a mock-up for your review that follows shortly.
- You can review the design and suggest improvements accordingly. Depending upon your project, generally up to 3 to 5 design modifications that can be done within the given estimates.
- Once the design is finalised & approved, we’ll proceed with the HTML development. At this stage, we generally need around 3 to 5 banner text and/or images for rotation.
- Once, HTML is done, if CMS is included in your project, we will proceed to set up your website on your selected Content Management System (CMS). Please provide all content and copy prior to the development phase.
- Depending upon the time and resources allocated to your project, we’ll transfer as much content as possible from the old website to the new website. Remaining content can be transferred via the CMS by your designated staff. We can provide the instructions needed to help you do this.
- Once the site is ready from our end, we generally hand it over to you for further review, test and/or to upload/change contents as necessary.
- At this stage, you need to give us a Go-Live date for us to make the new website/project live.
- Your website can be made live within 3 to 5 working days of a Go-Live approval, assuming that the accounts are clear. Kindly note that we require full payment prior to transferring the website on any external servers. This includes restrictive access to the Client’s hosting account and domain register credentials itself by the authority of Spinninghost in case of failure of payment or unforeseen delays.
- Also, generally speaking, going-back and forth takes a lot of time. We encourage you to provide all necessary details, at the start of the project to ensure that the project team’s time is efficiently utilised on your project and you do not incur any unnecessary additional costs.
- You will be kept updated via emails and/or telephone calls as the project demands. However, please do not hesitate to contact us at any time you require a project status. Also, please always keep us updated with your relevant email addresses/contact details
- Once the website/application has been made live on the client’s domain, it is their responsibility to take regular full back-ups and to update all components and third-party software.
- We consider ourselves to be very flexible and adaptable and approach all requests with a ‘can-do’ attitude. If you require something changed, please feel free to discuss with us. Please contact us if you require further details or have any questions. We look forward to working together with you on your project!
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to SpinningHost’s customers. The term “spamming” also includes, but is not limited to,
- maintaining an open SMTP policy,
- engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a SpinningHost server,
- and selling or distributing software (on a website residing on a SpinningHost server) that facilitates spamming. Violators will be assessed a minimum fine of Rs.10000 and will face immediate suspension. SpinningHost reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Sites that are advertised using SPAM cannot be hosted in our servers.
The following are the general mailing policy used in SpinningHost servers;
- 500 emails can be sent per hour. If you exceed this limit, you will get a bounce-back message. If you get such errors, please try sending them after 1 hour.
- Number of times you check to the mail server via POP3 / IMAP is restricted to 30. If you exceed this, you will get a failed login error. Connecting to the mail server once in 10 min is ideal.
- Catch all or default mail id must be set to fail. This is to avoid stacking of unnecessary spam mails in the server which finally results in a large number of inode creation in the file system. This ultimately results in disk failure.
6. System and Network Abuse
- Violations of system or network security are prohibited and may result in criminal and civil liability subject to Indian Cyber Laws. Examples of system or network security violations include, without limitation the following:
- unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
- interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
7. Viruses and Other Destructive Activities
- Use of SpinningHost services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use SpinningHost services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
8. Resource Usage
- Email Disk Usage
- Stacking a large number of emails increases inodes and results in file system corruption. It also hinders various server level processes from functioning at normal load. Hence all mails have to be downloaded from the server then and there. Hosting accounts cannot be used as email storage space. Sites that use higher than this limit have to be upgraded to next available accounts such as corporate or semi-dedicated accounts based on the usage. Failing to upgrade the account will result in suspension or termination of that particular website. Customer accounts such as personal, small biz and accounts under resellers can use disk space up to 500 MB maximum including emails, website files, database etc.
- Customers using shared hosting oblige to use email ID in a non-encrypted format allowing virus scans, system updates and routine checks. Customer also acknowledges that the system administrator has right to access the accounts for system outrages. Email ID’s created here are solely used for sending automated emails from the website and not as professional mailboxes for day to day email conversations. Violation to which can lead to termination and suspension of accounts
- Disk Space Usage
- Customer accounts such as personal, small biz and accounts under resellers can use disk space up to 500 MB maximum. Only files required for the running of the website such as HTML, PHP etc can be hosted. Zip archives, downloads, videos, audio files and other software or warez downloads are strictly prohibited. Hosting space cannot be used for data storage or backup dumping. It cannot be used for file sharing, spam software downloads, software key downloads etc. Sites that use higher than this space limit have to be upgraded to next available accounts such as corporate or semi dedicated account based on the usage. Failing to upgrade the account will result in suspension or termination of that particular website.
- Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources, mail servers, FTP servers, HTTP servers, SQL database servers) reserves the right to suspend that site immediately. This policy is only intended to prevent the misuse of our servers and to avoid interruption in services to other customers. Customers may be offered an option whereby SpinningHost continues hosting the website for an additional fee or upgrade to a higher account. SpinningHost will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and E-Commerce account deemed to be adversely affecting server performance or network integrity will be suspended/terminated without prior notice.
- The following are the list of examples of activities that are not allowed;
- Scripts running bots, spiders, port scanners, mail blasters
- Gaming servers, IRC relays
- Peer to Peer sharing, File sharing
- Calling include files as a URL rather than as a local file
- Running BitTorrent applications, trackers
- A user may not exceed 20 % of total CPU usage for more than 100 seconds. Usually, the reasons for such a spike in usage are poorly written PHP, CGI, Perl or other scripts. If cron jobs are run, it must be scheduled at a minimum of 15 min once and not less than that. Running MySQL queries for more than 15 seconds is not allowed.
- Sites that attract DDOS attacks or automated attacks cannot be hosted in any of the accounts. If found to violate such a term, the account will be immediately suspended/terminated without prior notice. The customer/reseller has to immediately change the name servers out of our servers.
- Inode count in a particular account may not exceed 75000. A single inode represents a file in your website ( Includes image, files, emails etc). Frequent creation and deletion of inodes is also prohibited. Most of the cases inode generation is too high due to default or catch-all mail ids. It is better to keep them as fail: which will avoid mails getting stacked up in the server thus increasing inode creation.
- SpinningHost is in NO way responsible for the management and backup of all your and your customer data, and all updates, upgrades, emails and patches to any software that customers use in connection with SpinningHost services. You agree that you are solely responsible for maintaining a backup of your website files, emails, database etc at your end.
11. General Backup Policy
- This general backup policy is applicable only for customers and resellers who have purchased backup plans exclusively. This does not apply for customers who have not purchased backup plans otherwise.
- SpinningHost backups run once in a week and the previous week’s backup will be overwritten. The backup is mirrored to a secondary drive. This is done automatically.
- SpinningHost does not verify or test whether individual items such as mail, database, website contents of a particular website is backed up completely or not.
- SpinningHost will not be responsible for any incomplete backup of an account owing to instance but not limited to crashed MySQL tables, disk usage of an account is more than 5 GB, too many files in email accounts etc.
- SpinningHost will not be responsible for the loss of backup due to virus infections, disk errors etc.
- SpinningHost does not backup dedicated servers, cloud servers, windows shared / reseller hosting accounts. Customers are solely responsible for maintaining their own backup of mails, files, databases etc.
12. Bandwidth Usage
- Per site should not exceed more than 5000 MB Bandwidth per Month in shared small biz, individual accounts under reseller accounts. Each account is allotted with a certain bandwidth limit on a monthly basis. In case an account should exceed the allowed limit, SpinningHost reserves the right to keep it suspended till the next bandwidth calculation period starts. Customers may be presented with options to upgrade to a higher account and / or purchase additional bandwidth. SpinningHost also reserves the right to terminate the account and charge you for the excess usage in your account.
13. Database Usage
- Running queries which take longer than 15 seconds are prohibited.
- MySQL databases can be managed using PHP my admin available in the hosting control panels. Remote accessing of MySQL database using local applications or programs is not allowed.
- MS SQL database can be managed using a web-based control panel. Remote access of the MySQL database is allowed only for static IP provided by the customer. Dynamic IPs cannot be allowed remote access to MySQL databases. The number of static IP allowed to access remote SQL is maximum 2. Remote SQL access is allowed only through MySQL studio and cannot be used by another local application. Accounts that are found to be abusing this term will be suspended/terminated immediately.
- MySQL access via programs is allowed only for IPs within our network. Programs cannot access databases outside our network. To avoid MySQL database abuse, creation of SQL database in windows based control panels is disabled. You can create a ticket for creating databases in your member’s area which receives top priority and get it created. You can also request to create multiple databases at a time.
- Database space is included along with the hosting account space. But to make sure that no single database monopolizes database server resources, any single database cannot be more than 150 Mb in space in shared / reseller hosting accounts. Sites that have databases which exceed such a limit will be offered with higher-level package wherein they can upgrade and keep using it. The customer has to either upgrade the account or cut down the usage in the database until the compliant usage amount is reached.
14. Payments, Billing & Pricing
- You must always maintain a positive credit balance in your account. You can find a list of payment options at www.SpinningHost.com/knowledgebase/payments
- Please note that SpinningHost offers various payment options for ease of payment to the customer. Transaction fees, service charges of such payment options are separate and must be added to your total account fee separately and paid in total.
- It is the customer ‘s responsibility to intimate SpinningHost about the payment & other details and make sure that a domain/account is renewed. Domains/ Accounts must be renewed at least 30 days prior to expiry to prevent last-minute glitches, act of god, issues at registry’s end etc.
- It is the responsibility of the customer to make sure that the correct and working email id is in file with SpinningHost. SpinningHost will send all email alerts about renewals, registration, transfers, offers as a courtesy by email. It is the responsibility of the customer to log in to the member’s area and respective control panels to keep track of their account status.
- All account fees must be paid in advance in full before the actual term. SpinningHost will charge 15% of the account fee or Rs.250, whichever is higher as a late fee.
- SpinningHost will add credits to an account only when the payment is fully reflected in SpinningHost bank accounts. Part payments will not be added to an account. If a transaction or processing fee is not added with the amount paid, SpinningHost will only add the exact amount after deducting such a processing fee. Returned checks will attract Rs.500 towards check returning charges and admin charges. Once a check is returned, the customer will have to make all further payments as Cash/Bank Account Transfer to our accounts and no other mode of payment will be accepted. Outstation checks will attract Rs.100 as collection charges.
- No payment has to be sent to us directly. All payments must be paid directly to our Bank Accounts available in www.spinninghost.com/knowledgebase/payments
- We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
- Accounts that are not renewed on time will be suspended/terminated immediately.
- SpinningHost only adds domain credits to a reseller/customer account. We will not register / renew / transfer any domain name / hosting. It is the sole responsibility of the customer / reseller to register / renew / transfer domain name / hosting.
15. Billing/Price Changes/Discounts & Coupons
- SpinningHost policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle except in exceptional cases such as volatility in FOREX and other factors which are not in SpinningHost hands. We reserve the right to change pricing, resources, features of plans that are displayed in our websites or partner websites.
- Discounts / Coupons offers are one time only and are not applicable during the renewal of the account. Discounts / Coupons are for first-time customers only and the same customer cannot avail other offers for the same account/domain on a later date. If found in violation of these terms, the discount or offer will be cancelled and additional invoices will be added to your account.
16. Cancellations & Refunds
- Hosting plans will automatically expire until a plan is renewed. In order to cancel service, you must contact the SpinningHost Billing Team by creating a ticket in the member’s area with proper payment details and account details. Cancellation requests must be received by SpinningHost a minimum of thirty (30) days prior to the end of your Billing Cycle. SpinningHost will confirm the cancellation request when it is processed. If you do not receive confirmation, please contact SpinningHost as soon as possible.
- Strictly there are NO refunds for Mini, Nano / Economy Packages, Special Promotional Packages, Monthly Billed Packages, Discounted Packages or Coupons
- Strictly NO refunds will be processed for packages that are cancelled during the FREE period. [ For example, In a 2 +1 year pack, the last year is provided as FREE and hence no refund can be processed for/during that period ]
- Strictly NO refunds will be processed if the account fee is not paid Full in advance before the account is setup
- Strictly NO refunds will be processed if a refund is requested after 90 days from the date of order of the account
- Strictly NO refunds will be processed if an account has violated the terms of service or involved in activities that have resulted in incurring charges to bring back services to normal
- Strictly NO refunds will be processed if an account was involved in abuse/resource over usage previously.
- Domain Credits purchased cannot be refunded
- Only first-time accounts are eligible for a refund. Accounts created by the same customer / related to the same customer will not be eligible for refund
- Dedicated Servers and Cloud Servers are not eligible for any refunds.
- All requests for a refund must be provided in writing by creating a ticket in the member’s area. Only a refund request that does not fall under any of the above conditions will be responded to or taken into consideration. The maximum refund possible is 50 % of the account fee that is paid in advance before account setup.
- Setup fee [both levied or waived off ], Software costs, Administration costs, other third party expenses will not be refunded. Processing fee of Rs.250 will be charged for all refunds.
- Refund processing will take 90 days from the date of acceptance of refund by SpinningHost.
- No refund will be paid as cash or check/bank transfer or deposit. Refunds are credited as hosting credits or domain credits only.
17. Reseller / Customer Responsibility
- Resellers are responsible for servicing their clients. SpinningHost does not provide service to a Reseller’s Client. If a client contacts us directly, we may put the account on hold till the reseller assumes service to that client. Reseller is responsible for his client’s accounts and must make sure that it is secure and updated with out vulnerabilities such as old/outdate scripts, wrong folder permissions etc. Reseller is solely responsible for the content stored and transmitted through the accounts hosted under him.
- Customers are required to use the SpinningHost network responsibly. This includes respecting the other customers of SpinningHost. SpinningHost reserves the right to suspend and/or cancel service with any customer who uses the SpinningHost network in such a way that adversely affects other SpinningHost customers.
- SpinningHost anticipates that customers who offer Internet services will cooperate with SpinningHost in any corrective or preventive action that SpinningHost deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of SpinningHost policy and SpinningHost reserves the right to take any such action even though such action may affect other customers of Spinninghost.
- SpinningHost and its, affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Service or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Service or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the service.
- No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. You agree that SpinningHost has no responsibility or liability including but not limited to the deletion, corruption, loss or failure to store any messages or content/data maintained or transmitted by any SpinningHost Service.
- You acknowledge and agree that no compensation shall be payable whatsoever with respect to the aforesaid by SpinningHost. SpinningHost MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
18. Actions Taken by SpinningHost
- During the investigation, SpinningHost may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation,
- SpinningHost may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account and/or pursue other civil remedies. If such a violation is a criminal offence, SpinningHost will notify the appropriate law enforcement authorities of such violation.
- Violators of the policy are responsible, without limitations, for the cost of labour to rectify any damage done to the operation of the network and business operations supported by the network and to respond to complaints incurred by SpinningHost.
- SpinningHost customers agree to protect, defend, hold harmless and indemnify SpinningHost, any third party entity related to SpinningHost (including, without limitation, third party vendors), and SpinningHost executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as SpinningHost, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of SpinningHost services.
- The SpinningHost service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. SpinningHost expressly disclaims any representation or warranty that the SpinningHost service will be error-free, secure or uninterrupted. No oral advice or written information given by SpinningHost, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. SpinningHost and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
22. Force Majeure
23. Independent Contractors
- Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between SpinningHost and its customers. Each of SpinningHost and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
24. Construction and Interpretation