By using our web hosting, dedicated servers, VPS and domain services hereinafter referred to as the “Services,” which will be defined below, you agree to the terms and conditions contained in this Web Hosting Agreement, hereinafter referred to as the “Agreement”. This Agreement is between you, your organization, if you are entering into this agreement on behalf of an organization, collectively referred to herein as “you” or “your” and the respective formats, and Host.al SHPK (“we”, “us” and “our”).

These terms and conditions may be modified from time to time. Modifications made to this Agreement will become effective 30 days after they are posted. This Agreement will be posted through the interface you use to configure or order the services on the Services interface. You agree to review the terms and conditions, and if you no longer agree to these terms and conditions of the Agreement, you will cease using the Services and terminate the Services as described below in paragraph 4.

The Services include the website hosting package with the specific configuration that you have selected or that you will select through the Services interface while using the Services. You acknowledge and understand that there are significant service limitations including bandwidth limitations and other capacity metrics. Each Plesk hosting package has a mailbox size limit, with a maximum of 2 GB per mailbox, except for previous cPanel packages, which may have different configurations depending on the agreement at the time they are purchased. Regarding pricing, including prices for optional services, such as automatic capacity increase in case of overload, the service period, payment terms and other terms related to the Services will be communicated through the Services interface and will be incorporated into this Agreement.

You are advised that, if you use a credit card to pay for the Services, the fee for the Services may appear under a name other than our name (the name that is typically descriptive of the Services), and that before contacting your credit card company regarding such fees, you should first contact us to verify the fees and billing method. You agree that any request for a chargeback from a credit card company (or similar action by another payment provider) for a fee associated with the Services, for any reason, is a material breach of this Agreement and is grounds for termination of services. You also agree that upon a request for a chargeback by you, you acknowledge and understand that we may suspend your access to any account you have with us and use of any domain name, website, site content, email, or other data hosted on our systems. We will reinstate your rights only at our discretion and subject to your acceptance of the applicable fee and our then-current reinstatement fee, which is currently €100.

You agree that the Services will be provided for the term you selected through the Services Interface. Even if you terminate the Services through the Services Interface before the Services period ends, you agree that the Services may be renewed for another term equal to the previous term and that the applicable fees will be charged to the credit card associated with your account. You agree that you waive any requirement that may otherwise be imposed by law that requires your express consent to ongoing billing and that your continued consent to be billed for such renewal may be assumed until you terminate the Services through the Services Interface. You agree that attempts to terminate the Services other than through the Services Interface (such as by sending an email to a general email address) are not reliable means of communication and that such termination attempt will not be effective until acknowledged and notified by us. With respect to renewals, you also agree that it is your responsibility to maintain the credit card information associated with your account, and that we are not obligated to contact you to update this information in the event of declined payments.

You agree that you may not reduce the bandwidth or other capacity of the Services below the level of your actual usage of the Services during the current or prior month.

Your use of the Services may be suspended or terminated as an Agreement if we determine that you are in breach of the terms and conditions of this Agreement or any other agreement you have entered into with us. In the event of termination or suspension of the Services under these terms, you agree
a) Prepaid fees will not be refunded
b) We may take control of any domain name associated with the Services. cut, as long as such domain name is registered through our domain registration services. You understand that taking control of a domain name includes, without limitation, actions such as registering us as the “registrar” or “administrative contact” for the domain and controlling the DNS settings for the domain name.

The Services are provided through an infrastructure that is shared by all users of the Services. Your use of the Services may be suspended or restricted indefinitely if your use of the Services impairs our ability to provide the Services to other users.

You agree that the email communication system and online communication (chat, account notifications, etc.) will be the primary means of communication between you and us. You agree that it is your responsibility to maintain an up-to-date email address and physical address in your contact information. You also agree that you will regularly log in to your account to receive any notices posted through the Services Interface. You agree that failure to respond to a communication by us may result in suspension or termination of the Services without refund of any prepaid fees, if any.

You should be aware that we have no obligation to return any data to you upon termination of this Agreement. It is your responsibility to download, copy, or back up all data located on the servers and other devices providing the Services and to do so within the capacity limitations of the Services. You further agree that any loss or corruption of data that occurs due to an interruption of the Services, regardless of the cause of the interruption, will not be our responsibility and that following an interruption of the Services, you may be required to upload the data back to the servers and other devices providing the Services.

You agree that any personal information you provide will be used by us in accordance with our privacy policy, which is published on the Privacy Policy page.

We have the right to refuse, terminate or suspend the availability of the services provided to the Client, at our discretion, with or without notice, and are not responsible for the consequences, positive or negative, resulting from the interruption of a website or server, or from the interruption of any other service. Restoration of the service or files in a hosting account of a website that has been deleted by Plesk and is stored in the Company’s backup infrastructure is at an additional cost.

We reserve the right to cancel an account, including files and content, for any reason and at any time. The Client agrees to maintain backup copies of all files and databases hosted with the Company and acknowledges that the Company is not responsible for the loss of data. The Client is responsible for creating backup copies of its data.

You represent and warrant as follows:
a) You have the legal right to use, display, or access the data uploaded, linked, posted, or otherwise posted to your website by you or by users of your website;
b) Your website and use of the Services will not infringe the intellectual property rights of third parties;
c) Your website and use of the Services will not violate any law, including without limitation laws relating to unsolicited commercial email, the collection of personally identifiable information, consumer protection, and privacy;
d) You and anyone else accessing your website will not upload any worms, viruses, or malicious code to the servers that provide the Services;
e) Your website and use of the Services will not subject us to any claims from third parties, including claims relating to infringement of intellectual property rights or claims relating to products or services that you may offer or provide through the website hosted by the Services.

You also represent and warrant that you will not allow any unauthorized third party to access the account you use to access the Services.

Exclusive Remedies for Unplanned Service Interruptions: You agree that any unplanned service interruptions will not require a remedy, unless such unplanned service interruptions exceed 24 hours within a 30-day period, in which case you agree that the sole remedy will be a 24-hour hosting credit for each 24-hour period of unplanned service interruptions, and that such credit will be applied only against the fees you are charged for your next hosting period, if any, or will be realized exclusively by arranging the end of your current Service period.

LIMITATION OF LIABILITY: YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY S.R.
(A) SUSPENSION OR LOSS OF SERVICES, EXCEPT AS PROVIDED FOR IN THIS AGREEMENT.
(B) BUSINESS INTERRUPTION.
(C) TERMINATION OR DISRUPTION OF ACCESS OR INTERRUPTION OF ACCESS TO ANY CONTENT PROVIDED THROUGH OR FROM THE SERVICES.
(D) LOSS OR LIABILITY RESULTING FROM EXTERNAL ACTS.
(E) FAILURE TO DELIVER, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION OF DATA.
(F) EVENTS BEYOND OUR CONTROL.
(G) PROCESSING YOUR APPLICATION FOR THE SERVICES.
(H) LOSS OR LIABILITY ARISING FROM UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFICATION OR PASSWORD. YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR ANY DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (TRUST AND NEGLIGENCE), OR OTHERWISE, REGARDLESS OF IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT OF THE SERVICES FOR A ONE MONTH PERIOD, BUT IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED ONE DOLLAR ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM AMOUNT PERMITTED BY LAW.

INDEMNIFICATION OR LIABILITY FOR DAMAGES: YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS OUR CONTRACTORS, AGENTS, EMPLOYEES, DIRECTORS, EXECUTIVE DIRECTORS FROM AND AGAINST ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, FOR THIRD-PARTY CLAIMS RELATING TO YOUR MEMBERSHIP’S USE OF THE SERVICES OR CLAIMS UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS BY MEMBERSHIP’S YOUR OR BREACH OF THIS AGREEMENT. WHEN WE MAY BE INVOLVED IN A CLAIM RELATING TO A THIRD PARTY AND RELATED TO THE SERVICES UNDER THIS AGREEMENT, WE MAY REQUIREMENT WRITTEN ASSURANCES FROM YOU, IN WHICH YOU PROMISE TO SUPPORT AND DEFEND US FROM THE COSTS AND LIABILITIES MENTIONED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF REINFORCEMENT SHIPMENTS OR OTHER WARRANTIES. YOUR FAILURE TO PROVIDE THESE ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.

DISCLAIMER OF WARRANTIES: WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OTHERWISE WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT THAT SUCH REPRESENTATIONS AND WARRANTIES CANNOT BE DISCLAIMED BY LAW. YOU UNDERSTAND AND AGREE THAT ANY MATERIALS AND/OR DATA DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE SHALL BE AT YOUR OWN SOLE RISK AND THAT YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS AND/OR DATA.

GOVERNING LAW: This Agreement, your rights and obligations, and all actions contemplated by this Agreement, shall be governed by the laws of the Republic of Albania.