Terms of Service for Anchored Hosting
Welcome to Anchored Hosting. These terms of service (the "Agreement") set forth the terms and conditions under which Anchored Hosting ("Anchored Hosting," "we," or "us") provides game servers, virtual private servers, and dedicated machines (the "Services") to you ("you" or the "Customer"). By using the Services, you agree to be bound by this Agreement.
1. Description of Services
Anchored Hosting provides game servers, virtual machines, and dedicated machines for use in hosting games and other applications. We provide our Services subject to your compliance with this Agreement.
2. Payment and Billing
All Services are provided on a pre-paid basis. You agree to pay all fees and charges associated with your use of the Services in advance. We may suspend or terminate your access to the Services if payment is not received within 7 days of the due date.
3. Use of Services
You agree to use the Services only for lawful purposes and in accordance with this Agreement. You may not use the Services to transmit any content that is obscene, offensive, or infringes on any third-party rights.
4. Suspension and Termination
We may suspend or terminate your access to the Services without notice if we believe that you have violated this Agreement. We may also suspend or terminate your access to the Services for any reason or no reason, at our sole discretion.
5. Warranty Disclaimer
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE SERVICES. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND 2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ANCHORED HOSTING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Indemnification
You agree to indemnify and hold Anchored Hosting, its affiliates, officers, agents, and employees harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or in connection with your use of the Services or any content transmitted through the Services.
8. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any action arising out of or in connection with this Agreement shall be brought in the state or federal courts located in San Francisco County, California.
9. Changes to this Agreement
We reserve the right to modify this Agreement at any time. If we make material changes to this Agreement, we will notify you by email or by posting a notice on our website. Your continued use of the Services after any such modification constitutes your acceptance of the modified Agreement.
10. Entire Agreement
This Agreement constitutes the entire agreement between you and Anchored Hosting with respect to the Services and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Anchored Hosting. Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of Anchored Hosting.
11. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
12. Assignment
You may not assign or transfer this Agreement or any of your rights or obligations under this Agreement without the prior written consent of Anchored Hosting. Anchored Hosting may assign this Agreement or any of its rights or obligations under this Agreement at any time without notice to you.
13. Force Majeure
Anchored Hosting shall not be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by circumstances beyond its reasonable control, including without limitation acts of God, war, terrorism, natural disasters, and government regulations.
14. Survival
The provisions of Sections 5, 6, 7, 8, 10, 11, 13, and 15 shall survive any termination or expiration of this Agreement.
15. Contact Information
If you have any questions or concerns about this Agreement, please contact us at support@anchoredhosting.com.