TERMS OF SERVICE
These Terms of Service (the “Agreement”) set forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to Infinityy Ltd. This Agreement explains Our obligations to You, and explains Your obligations to Us for the various services or products offered by Infinityy Ltd (“Services”). When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement.
TERMS OF AGREEMENT; MODIFICATION
You agree that Infinityy Ltd may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes Infinityy Ltd may reasonably make to this Agreement when such changes are made. If You have purchased Services from Infinityy Ltd, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.
You agree to maintain accurate information by providing updates to Infinityy Ltd, as needed, while You are using the Services. You agree You will notify Infinityy Ltd within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Infinityy Ltd to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Infinityy Ltd has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Infinityy Ltd has the absolute right, in its sole discretion, to terminate its Services and close Your account.
STORAGE AND SECURITY
At all times You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of the server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your account credentials. Credentials cannot be changed or altered after subscription has been activated.
If You have licensed software from Infinityy Ltd, Infinityy Ltd grants You a Ltd, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Infinityy Ltd reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of Infinityy Ltd. The source code and its organization are the exclusive property of Infinityy Ltd and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by Infinityy Ltd.
Any such software and Services are provided to You “as is” without warranty of any kind either express or implied, including but not Ltd to the implied warranties or conditions of merchantability or fitness for a particular purpose.
Infinityy Ltd provides some third-party software to You. Such software is provided on an “as is” as available basis. We do not guarantee that any specific results can be obtained by using such software. Infinityy Ltd does not take responsibility for any faults in such software functioning. You agree that Your use of any Infinityy Ltd Services shall be used by You in accordance with the terms of any relevant third-party licenses. Your failure to abide by any third-party license may result in the immediate termination of Your Services by Infinityy Ltd.
RECURRING BILLING, ONE-TIME PAYMENTS & REFUND POLICY
Absolutely no refunds. All sales are final. All fees for the Services shall be in accordance with Infinityy Ltd’s fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Infinityy Ltd may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due Infinityy Ltd remains unpaid seven (1) day after such payment is due for monthly packages and three (1) day for all other packages. Infinityy Ltd, in its sole discretion, may immediately terminate this agreement, and/or withhold or suspend Services. There may be a $15.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by You.
If you signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Infinityy Ltd will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at Infinityy Ltd’s then current rates.
If you improperly charge back for services rendered, we will immediately disable your account permanently if active at time of chargeback and throughout the entire investigation period. You agree to at very least contact Infinityy Ltd to attempt to resolve your dispute before initiating a chargeback through your credit card provider.
TERMINATION AND CANCELLATION POLICY
The initial term of Your agreement with Infinityy Ltd shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with Infinityy Ltd shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.
This agreement may be terminated: (i) by You by submitting a helpdesk ticket under Billing Issues category at least three (3) working days before the account is due to renew; or (ii) by Infinityy Ltd at any time, without prior notice, if, in Infinityy Ltd’s judgment, You are in violation of any terms or conditions herein; or (iii) in Infinityy Ltd’s sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Infinityy Ltd or could disrupt Infinityy Ltd’s business operations; or (iv) by Infinityy Ltd if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and either Infinityy Ltd or Infinityy Ltd.
In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that Infinityy Ltd may take control of any account associated with the terminated Services.
In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs Infinityy Ltd incurs in closing your account. You agree to pay any and all costs incurred by Infinityy Ltd in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, Infinityy Ltd may delete all information related to you on the Services. No refunds will be issued regardless of reason, however, Infinityy Ltd may issue refunds for extenuating circumstances, at Infinityy Ltd’s sole discretion.
Infinityy Ltd provides customer support to You at no additional fee for issues related to Infinityy Ltd service only. Infinityy Ltd has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable like all other services offered.
You can request customer support only by opening Live Chat or Ticket through the client area ticketing system located in your client area. Infinityy Ltd will have no liability to provide customer support if it is requested in any other way apart from the client area ticketing system. You are solely responsible to use the appropriate client are support ticket category when opening Live Chat or posting a Support Ticket. Infinityy Ltd will have no liability to respond to tickets opened in inappropriate categories. Infinityy Ltd shall not be liable for any delay in Live Chat and/or Ticket opened in inappropriate categories. You acknowledge that by asking our customer support representatives for assistance, You authorize their intervention and operation in Your account.
You must provide Infinityy Ltd with all information and access to facilities that Infinityy Ltd may reasonably require to provide the requested customer support.
You are solely liable for performing and storing a back-up copy of your account credentials prior to requesting customer support. You should not abuse the client area ticketing system. Abuse of the system includes, but is not Ltd to, excessive number of Live Chats and Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Live Chats, posting Tickets, etc. Any abuse of the system may result in warning, ticketing system access restrictions, account suspension or possible account termination with no refund. Infinityy Ltd has the sole right to decide what constitutes abuse of the support ticket system.
You agree to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups or social media. You are responsible for security of Your password. Infinityy Ltd will not change passwords to any account. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Infinityy Ltd will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Infinityy Ltd be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless Infinityy Ltd from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to Infinityy Ltd you should take all due precautions to provide any sensitive information over a secure communication channel.
While all purchases are processed in US dollars, Infinityy Ltd may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, Infinityy Ltd makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.
LIMITATION OF LIABILITY; WAIVER AND RELEASE
The Services offered by Infinityy Ltd are being provided on an “AS IS” and Infinityy Ltd expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringment, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Infinityy Ltd expressly does not warrant that the Infinityy Ltd Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Infinityy Ltd shall create any warranty not expressly made herein. You agree that Infinityy Ltd will not be liable for any (i) suspension or loss of the Services, except to the Ltd extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Infinityy Ltd; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.
In no event shall Infinityy Ltd be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not Ltd to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not Ltd to, negligence or otherwise) arising in any way out of the use of the Services, even if Infinityy Ltd is aware of or has been advised of the possibility of such damages.
The foregoing limitations shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or Your use of Infinityy Ltd or its Services offered.
No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Infinityy Ltd.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Infinityy Ltd and all affiliates of Infinityy Ltd, and all officers, agents, employees, and representatives of Infinityy Ltd, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not Ltd to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not Ltd to, the provision of the Infinityy Ltd products and/or services by Infinityy Ltd and its agents and employees. Further, You agree to defend, indemnify and hold harmless Infinityy Ltd and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by Infinityy Ltd’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to Infinityy Ltd, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your licensed Infinityy Ltd website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets.
This indemnification is in addition to any indemnification required of You elsewhere.
ADDITIONAL RESERVATION OF RIGHTS
Infinityy Ltd expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel) for any reason (as determined by Infinityy Ltd in its sole and absolute discretion), including but not Ltd to the following: (i) to correct mistakes made by Infinityy Ltd in offering or delivering any Services; (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Infinityy Ltd, its officers, directors, employees and agents, as well as Infinityy Ltd’s affiliates.
In the event that Infinityy Ltd need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.
You acknowledge that it is Your responsibility to maintain current billing information in your account.
You attest that you are of legal age (18 or over) to enter into this Agreement.
This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for Infinityy Ltd’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
NO AGENCY RELATIONSHIP
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not Ltd to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Infinityy Ltd, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Infinityy Ltd may immediately terminate this Agreement.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
Infinityyhosting.com follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.
Like any other website, Infinityyhosting.com uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
Note that Infinityyhosting.com has no access to or control over these cookies that are used by third-party advertisers.
THIRD PARTY PRIVACY POLICIES
You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites. What Are Cookies?
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
Infinityyhosting.com does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.