Revive Hosting Terms Of Service

1. Acceptance of Terms

By accessing or using this website, you agree to comply with and be bound by these Terms of Service.

2. Introduction & Scope

Welcome to ReviveHosting! We appreciate your interest in our platform, available at www.revivehosting.net, and its various services. Before you proceed, it's crucial to go through and understand the Terms and Conditions of Service outlined below. These terms govern your use of the site, its sub-domains, and mobile versions, as well as any products and services offered by ReviveHosting Inc.

3. Privacy Policy Integration

These Terms work in conjunction with our Privacy Policy, which you can find at www.revivehosting.net/privacy. It is essential to familiarize yourself with both documents, as the Privacy Policy is incorporated into these Terms by reference.

4. About ReviveHosting Inc

ReviveHosting Inc. is the proud provider of the Site, products, and services mentioned herein. When we refer to "ReviveHosting," we are addressing the entire team collectively.

5. Terminology

In the following sections, certain terms will be frequently used to denote different parties involved. "Client," "user," "you," and "your" refer to the individual using this Site, strictly adhering to our terms and conditions. On the other hand, "ourselves," "we," "our," and "us" pertain to ReviveHosting, encompassing shareholders, officers, and parent companies.

6. Understanding the Terms

The terms outlined herein cover the offer, acceptance, and consideration for payment necessary for the provision of our services. We aim to assist users in line with applicable laws concerning the sale of goods.

7. Representation and Warranty

By accessing this Site on your behalf or on behalf of the entity you represent, you confirm that you possess the right, authority, and capacity to enter into these Terms and our Privacy Policy, complying with all relevant laws and regulations.

8. Prohibition of Use

If you disagree with any part of these Terms, kindly refrain from using or accessing the Site. Your use of ReviveHosting implies your consent to abide by these Terms, so it's crucial to read them thoroughly.

9. Dispute Resolution

It's important to note that these terms necessitate the use of arbitration on an individual basis for dispute resolution, rather than resorting to jury trials or class actions. Additionally, they outline limitations on available remedies in the event of a dispute.

10. Services Offered

ReviveHosting agrees to furnish its virtual private server (VPS) and game server hosting services functionalities. These and other services and sale packages managed from time to time shall be referred to as the ‘Services'. Accordingly, ReviveHosting will furnish the Services to:

• The visitors that browse the Site
• Any registered users
• Any other users that have engaged the Services

All are subject to the following terms. Please ask our team for a custom quotation, and we will be pleased to provide you with all available information, estimated timeframe for delivery, configuration options, and expected cost of Services. The User Content incorporated on our customers’ VPSs may contain links to other websites due to the nature of our Services. The provision of such links does not imply our endorsement of such third-party websites (or their products and services).

11. Payment Terms

We accept payments via direct bank transfer, and we may also use authorized third-party payment processors such as PayPal in order to bill you through a payment account linked to you, and henceforth you hereby authorize us to charge the pertinent fees through your indicated payment processing account.

Sensitive financial details are stored only by our payment providers. All funds are collected from the consumer on the same day you register for a monthly package, and there will be a $1.50 setup fee on all VPSs. Such third-party payment processors are also the ones that process, manage, operate, and deliver the payments of your end customers, not ReviveHosting.

For more information, please refer to the terms of use of our third-party payment processing platform, which may include epay.co and others. Accordingly, ReviveHosting shall not be held responsible for any and all errors, fees, and currency conversion fees by our payment processors, and you should review its terms and policies from time to time, which will govern the provision of services to you.

12. Subscription Terms

When you purchase a VPS Hosting plan, your subscription is set to automatically renew at the end of your chosen subscription period. You can cancel the renewal of your subscription at any time. Canceling your subscription renewal means that the recurring payments will end, but you will still have access to the Services for the remaining time of your current subscription period. We do not provide refunds for partial subscription periods or for accidental purchases.

We do not provide refunds on new orders, and specifically, no refunds shall be given on subscription payments. The subscription payment will be billed on a monthly or yearly basis on the calendar day corresponding with the date of commencement of your paid subscription. If a payment is not successfully settled, we may suspend your access to the app or its content until we receive a valid payment.

13. Updates & Amendments

ReviveHosting reserves the right to make changes, amendments, suspensions, terminations, upgrades, updates, or any other modifications to these Terms, the Policy, and the Services at any time without prior notice. Any alterations will be visibly posted on the Site, and we may also notify you via email.

Kindly refer to the last effective date to track the latest changes made by us. Your continued use of our Services following the effective date of any update—whether through account registration or simple usage—signifies your acceptance of the modifications.

14. Parental Notice

ReviveHosting encourages parents, legal guardians, and responsible adults to actively participate in ensuring the safe use of the Internet by children and minors. ReviveHosting does not knowingly provide its Services to individuals under the age of eighteen (18).

If you are below this age, you may not access ReviveHosting or our Services under any circumstances, even under the direct supervision of your parent or legal guardian. We reserve the right to request any and all applicable proof of identification and consent from our users at any moment, without prior notice, and at our sole and final discretion. Failure to provide satisfactory proof of age may result in the immediate freezing, blocking, or cancellation of the account, with no liability on our part.

Users are prohibited from providing ReviveHosting with personally identifiable information of individuals under the age of thirteen (13) without the consent of their parents or legal guardians. ReviveHosting does not knowingly collect any information from any person under the age of thirteen (13) and will promptly delete any related information. For more information, please read our Policy.

15. User Privacy

By disclosing any data and personally-identifying information to us, you agree to our Policy, including the collection, process, storage, and disclosure of such personally identifiable information, including to our affiliates, partners, and clients. We will ask for your express consent, including for inclusion in our newsletters, updates, and follow-ups. Using ReviveHosting means that you accept our Policy, regardless of whether you are a registered user or not.

16. Content Licenses

User Generated Content License. To facilitate the provision of our services, ReviveHosting may guide users to submit various forms of content, including but not limited to code, images, multimedia content, posts, texts, photos, videos, links, and other files and information (referred to collectively as 'User Content').

As our valued customer, you may transmit, send, upload, publish, or display this User Content through the VPS and the services provided by ReviveHosting, as well as those services resold through us by our first-party contracted platforms. By doing so, you grant ReviveHosting a limited, non-exclusive, sub-licensable to the Platforms, assignable, royalty-free, revocable, global right and license.

This license encompasses the use, hosting, storage, reproduction, technical modification, adaptation, adjustment, communication, publication, public performance, public display, and distribution of any User Content you upload, disseminate, deliver, create, and transfer to ReviveHosting through the Services. You confirm and assure ReviveHost that you possess all necessary rights, licenses, authorizations, or sufficient title for all content submitted to ReviveHost as outlined herein.

Feedback License. All users hereby provide ReviveHosting with an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, global right and license. This license covers the use, hosting, storage, reproduction, modification, creation of derivative works (including translations, adaptations, or other changes), communication, publication, public performance, public display, and distribution of any suggestions, feedback, recommendations, comments, and know-how that you provide to ReviveHosting concerning the Site and Services.

17. User Generated Content Policy

You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Terms or applicable laws.

You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by ReviveHosting. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates our Terms or other intellectual property rights. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with your User Content.

You agree to pay all royalties, fees, and any other monies owed to any person by reason of your User Content. You acknowledge and agree that ReviveHosting has the right to disclose such User Content and related information if required to do so by law or in the good faith that such preservation or disclosure is reasonably necessary to:

• Comply with legal procedures, applicable laws, or government requests
• Enforce these Terms or the terms of the Platforms
• Respond to claims that any of your User Content goes contrary to the rights of third parties
• Detect, prevent, or otherwise address fraud, security, or technical issues
• Protect the rights, property, or personal safety of ReviveHosting, its users, or the public

18. Content Moderation Policy

We recognize that your VPSs may support interactive discussion forums, public forum groups, bulletin boards, review services, or other public forums where you or other users can share user-generated content such as reviews, messages, videos, selfies, posts, and other materials. As our services for the VPS are primarily focused on the technical back-end of your website properties, there will be no end-user moderation performed by ReviveHosting or the Platforms.

ReviveHosting is not obligated to monitor any end-user activity, including names, photos, posts, feedback, images, comments, questions, and other content processed within your websites. We do not actively assess whether the content or interactions are objectionable or compliant with our Terms or other applicable laws.

Additionally, we do not edit or remove material or content submitted through our services unless it violates our Terms or relevant laws. You acknowledge and agree that ReviveHosting may report any activity believed to violate the law to law enforcement, regulators, or other relevant third parties.

Any violation of these provisions may result in the immediate termination of your access to ReviveHosting and our services. We do not screen User Content to identify and remove spam or deceptive coupons, codes, offers, or links to products or services. Through our services or site, we will not tolerate, and will not permit others to engage in, the massive delivery of unsolicited bulk communications to any third party.

19. No Spam Policy

We uphold a stringent No Spam Policy to ensure a positive user experience. We retain the right to meticulously review all user-generated content, aiming to identify and eliminate any spam, deceptive coupons, codes, offers, or links to products or services. It is imperative that users refrain from engaging in or allowing others to undertake through our Services or ReviveHosting (formerly known as ReviveHostinging), any form of massive delivery of unsolicited bulk communications to our users or any third party.

Any commercial electronic communication that originates from us, our partners, licensors, suppliers, and affiliates will necessitate your prior consent. Our commercial communications will incorporate mechanisms that allow you to cease receiving them, typically through an unsubscribe link. For more comprehensive information, please refer to our Policy.

20. Customer Support

If you have any questions or concerns about the Site or our Services, please reach out to us via email, as specified on our contact web page. We are committed to responding promptly and will make commercially reasonable efforts to address and resolve your inquiries collaboratively. To facilitate a comprehensive assessment of your service query, please provide us with detailed information.

ReviveHosting is here to offer specific technical support services, contingent upon your acceptance for each hosted website. The service level percentages and other support aspects are also governed by the terms and conditions of the Platforms.

21. No Endorsement

The images, texts, posts, information, photographs, and other content and media displayed on or through ReviveHosting are not necessarily available, and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete control. Some or all of the images shown in ReviveHosting are licensed and/or purchased stock photos and are only shown for illustration purposes.

Some or all of the content displayed in ReviveHosting is delivered by external third parties and does not reflect ReviveHosting’s opinions, nor does ReviveHosting, its affiliates, subsidiaries, officers, employees, and agents guarantee its actual veracity or make any endorsement thereof.

22. User Representations and Warranties

You hereby represent, warrant, and covenant that:

• Your use of our Site and Services, and all your uploaded User Content and personal data shall be at all times compliant with these Terms and all local, state, federal, and international laws and regulations applicable to you or your organization;
• You have obtained all necessary rights, releases, and permissions to provide any data to ReviveHosting and its affiliates, licensors, and agents; and to grant the rights granted to ReviveHosting in these Terms, including without limitation any intellectual property rights or rights of publicity, privacy, and any use, collection, and disclosure authorized.

23. Term, Termination

The duration of this agreement shall commence on the earlier of:

• Your initial access to the Site;
• Your first access or utilization of our Services; or
• ReviveHosting initiating the provision of its Services to you.

This agreement will automatically conclude on the earlier of:

• Deactivation, suspension, freezing, or deletion of your Platform sub-account;
• Termination or revocation of your access to our Services;
• ReviveHosting's termination of these Terms, at its sole and final discretion;
• The termination date communicated by ReviveHosting to you periodically; or
• ReviveHosting's determination to cease making the Site or the Services available for use, at its sole and final discretion.

24. Termination for Cause by ReviveHosting

These Terms, along with any and all licenses granted hereof, may or will automatically terminate if you breach any of the terms and conditions contained herein. Upon termination for breach, your rights to use our Site, our Services, and any information provided or generated thereby shall cease, and you shall not be entitled to any compensation, credit, remedy, or refund of any nature. In this case, please contact our support department to initiate the process of receiving a backup copy of your user data, if any, subject to the terms and conditions of our providers, such as Amazon Web Services.

25. Service Guarantee

ReviveHosting is committed to ensuring that any interface or integration onto the Platforms as part of the Services will operate in accordance with the service level agreement applicable to your VPS, typically a 99.95% uptime commitment. It's important to note that ReviveHosting cannot be held responsible for any failures in the operation of the interface or integration resulting from downtimes, failure, or unavailability of the VPS.

For more detailed information, please refer to the following sections, which include Disclaimer of Damages, Limitation of Liability, Warranty Disclaimer, and Specific Disclaimer. In the event of an issue arising concerning the effective operation of an interface or integration related to the VPS, ReviveHosting will exert commercially reasonable efforts to resolve the issue. However, there is no guarantee regarding the timeliness of efforts, resources applied, effort invested, or any results obtained, if any.

26. Disclaimer of Warranty

To the fullest extent permissible under applicable law, the Site, the VPS, and the Services are provided to you “as is,” with “all faults” and “as available,” without warranty of any kind. ReviveHosting, and its affiliates, clients, agents, officers, licensors, and/or distributors do not make and hereby disclaim, any and all express, implied, or statutory warranties, either by statute, common law, custom, or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment, peaceful enjoyment, and any warranties emanating out of course of dealing or trade usage.

Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude either party’s liability for fraud or fraudulent misrepresentation. ReviveHosting expressly disclaims any representation or warranty that ReviveHosting complies with all applicable laws and regulations outside of the ones applicable to its Services. Therefore, you expressly fully comprehend, acknowledge, agree, and consent that it is your responsibility to determine compliance with variant laws, regulations, or customs that may apply in connection with your use of our Services.

27. Damages Disclaimer

In no event shall ReviveHosting, its affiliates, clients, agents, officers, licensors, distributors, and/or any authorized third party, be held liable for any special, indirect, incidental, or consequential damages, including losses, costs, or expenses of any kind resulting from possession, access, use, inaccessibility, or malfunction of ReviveHosting or the Services, including, but not limited to, loss of revenue, profits, business, loss of use, or lack of availability of computer resources, business glitch, defamation, or loss of data (notwithstanding that we might have been advised of the possibility of such damages or such damages are foreseeable); whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, actions based on contract, strict liability, negligence, or other tortuous conduct or other legal or equitable theory and whether or not ReviveHosting, its affiliates, clients, licensors, and/or distributors have been advised of the possibility of such damages; emanating from or connected, in any way, with your use of, or inability to use ReviveHosting. Your singular redress for dissatisfaction with ReviveHosting is your prompt withdrawal from using ReviveHosting.

28. Limitation of Liability

If any of the disclaimers of liability in these Terms are for any reason declared invalid by a court of competent jurisdiction, you agree that the maximum collective liability of ReviveHosting and all ReviveHosting’s Indemnitees (as such term is defined in the section below) to you relating to any claim you may have in any manner relating to your Service subscription, the Site, the VPS or any data, or the use, condition, operation, effectiveness, or quality thereof, whether based in contract, tort, equity, or on other grounds or theories, and regardless of the circumstances, shall not exceed the higher of: (a) the total amount of fees actually paid by you to ReviveHosting for the Services during the last three (3) months at the time the liability arises; or (b) USD $50. These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

29. Indemnification

You agree and acknowledge to indemnify, hold harmless, and defend ReviveHosting, its affiliates, clients, agents, officers, licensors, distributors, and/or any authorized representatives, and the officers, directors, and employees of each (jointly, the “ReviveHosting’s Indemnitees”) from and against any and all third-party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements, and expenses (including any and all reasonable outside attorneys’ fees and court costs) that may be suffered, made, or incurred by any of such ReviveHosting’s Indemnitees arising out of or relating to:

• any breach of any warranties, representations, and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by ReviveHosting);
• your use of ReviveHosting;
• your VPS and your User Content;
• your conduct or interactions with other users of ReviveHosting;
• your violation of any part of these Terms; and/or
• any third-party claim arising out of or in relation to ReviveHosting or our Services or use thereof in combination with another platform, including, without limitation, any claim ReviveHosting or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including, without limitation, any privacy right of any person. We will immediately notify you of any such claim and will provide you (at your own expense) with assistance in defending the claim. Unless our prior written consent is first obtained, you will not settle any claim in the defense in which we need to participate. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that circumstance, you will be under no obligation to defend us in that matter.

30. Disputes & Charge-Backs

In the future, users may provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final and non-cancelable. If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations. A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement.

A charge-back may result in the reversal of a transaction, with the amount charged back to you. You can be assessed charge-backs for:

• customer disputes;
• unauthorized or improperly authorized transactions;
• transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or
• any reversals for any reason by our payment processor or the institutions handling the transaction. When a chargeback is issued, you are immediately liable to ReviveHosting for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction).

Accordingly, you hereby represent and warrant that you expressly appoint ReviveHosting as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us. Agent Appointment. You hereby appoint ReviveHosting as your payment agent when you provide a payment credential to us, and therefore you acknowledge and agree that we will be permitted to use, collect and process that payment credential in order to process payments, charges and fees of ReviveHosting.

We may also use certain payment card updater services, whose availability varies by issuer, to ensure we have the most up-to-date information about the payment credentials that we store. For payments by credit or debit card, we will have the right to obtain a pre-approval from the issuer of the card for an amount which may be a low verification amount or as high as the full price of the payment. In such case, your card will be charged when you initiate payment on ReviveHosting, and if you cancel a transaction before it can be completed, the security pre-approval may cause those charges to be available to you on your account’s limit.

31. Intellectual Proprietary Rights

The trademarks, copyrights, service marks, trade names, and other intellectual property rights, along with proprietary notices presented on the Site and the Services, belong to ReviveHosting and its licensors and affiliates. These rights are protected under intellectual property laws, including copyright laws and treaties, in various jurisdictions around the world.

You acknowledge and agree that any unauthorized use or exploitation of copyrighted content on the Site and/or the Services may cause irreparable harm to us, our affiliates, licensors, or content providers. This harm may not be fully rectified through legal means alone.

As a result, our affiliates, licensors, or content providers may seek remedies for the violation of these Terms, either through equitable measures or by pursuing injunctive or other forms of equitable relief. We are not obligated to remove or delete content solely based on subjective objections or offensiveness from your perspective. However, we commit to promptly addressing requests for content removal, in line with our policies and applicable law.

ReviveHosting treats copyright infringement matters with utmost seriousness and is prepared to expeditiously remove any content displayed on the Site that is allegedly or factually infringing upon due notice and request from the rightful owner.

The following procedure will be followed for any content displayed on the Site that is alleged to infringe the intellectual property rights of you or any third party. You must inform us of your claim with the email subject: “Takedown Request.” Upon receiving your notification, ReviveHosting will thoroughly review and consider your claim. If it believes or has reason to believe that any content on the Site infringes on another's copyright, ReviveHosting may delete, disable, or cease displaying it. Your notification claim must be in writing and include at least the following information:

• Your signature and identification or those of the person authorized to act on your behalf or on behalf of the title holder;
• A clear and concise description of the allegedly infringed content;
• Contact information (e.g., address and email); and
• A statement, under penalty of perjury, asserting that you have a good faith belief that the information provided in your claim is true and accurate.

32. Community Guidelines and User Code of Conduct

As a user of our platform, you agree not to engage in or encourage activities that violate these Terms or compromise the integrity of the Site, VPS, or Services. Specifically, you agree not to:

• Infringe these Terms or facilitate others in doing so.
• Plagiarize or infringe upon the intellectual property or privacy rights of any third party, including but not limited to breaches of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
• Collect, receive, transfer, or disseminate personally identifiable information without explicit consent from the rightful owner.
• Republish, sell, rent, or sub-license content or materials from ReviveHosting without our explicit authorization.
• Disseminate content that attacks or disparages individuals or groups based on race, gender, religion, nationality, ethnicity, political affiliation, sexual orientation, or any similar characteristic. Generalizations on these topics should be phrased as neutrally as possible.
• Engage in any abusive behavior directed towards private individuals, including making threats or advocating violence, whether against others or oneself. Repeated and unwanted contact constitutes a form of harassment.
• Distribute, post, or make available any content that: (i) Infringes or endangers the intellectual property rights of any person. (ii) Promotes discrimination, racism, harm, libel, hatred, or violence against any individual or group. (iii) Endangers children and underage persons. (iv) Facilitates illegal or fraudulent activities. (v) Constitutes a criminal or capital offense or otherwise infringes on any applicable law. (vi) Is obscene, sexually explicit, pornographic, threatening, defamatory, plagiarized, or involves firearms, ammunition, explosives, tobacco, alcohol, marijuana, or analogous material. (vii) Involves gambling, games of skill, lotteries, raffles, fantasy sports, binary options, Forex, or cryptocurrencies.
• Use any automated tool, including artificial intelligence or machine learning, to create derivative works of our content and materials.
• Create any service in competition with ReviveHosting or for other commercial purposes, except as expressly permitted by these Terms or with the written consent of ReviveHosting.
• Bypass or attempt to bypass any security or access control technology implemented on our platform.
• Reverse engineer, decompile or extract the proprietary code of ReviveHosting and our Services. Thank you for abiding by these guidelines to ensure a positive and respectful community experience.

33. Newsletter Subscription

The Site provides you with the option to subscribe to our newsletter service, either directly from us or through an authorized third party, now facilitated by ReviveHosting instead of ReviveHostinging. Upon subscribing, you will receive information tailored to your user preferences. Upon subscription, you will receive a clear confirmation, allowing you to customize the frequency and content of the emails you receive. If you ever wish to unsubscribe, you can easily find 'unsubscribe' links in our electronic communications and in your account preferences.

34. Commercial Electronic Communications

Any commercial electronic communication you receive from us, our partners, licensors, suppliers, and affiliates will require your prior consent. Our commercial communications will include mechanisms for you to opt out, typically through an unsubscribe link. Refer to our Policy for more details.

35. Confidentiality

Both parties commit to not disclose any Confidential Information to third parties, except to their employees, attorneys, tax or accounting professionals with a legitimate need to know and who have agreed to confidentiality terms at least as stringent as those outlined herein. Each party will safeguard Confidential Information to the same extent as its own similar information.

For the purposes defined here, "Confidential Information" encompasses digital, verbal, or written disclosures stored in various forms, including but not limited to written, graphic, digital, optical, electromagnetic, or cloud-based formats. This also includes information in emails, optical disks, memory cards, removable drives, or any other means capable of retaining information. Confidential Information excludes information that:

• is in the public domain at the time of disclosure;
• Becomes publicly available without the recipient's fault and without breaching these Terms;
• is already lawfully possessed by a party without restriction before disclosure;
• Becomes rightfully known to a party without restriction from a source other than the disclosing party; or
• is required to be disclosed by a competent court order or legal requirement and shall not be deemed Confidential Information.

36. Revised General Terms

Assignment: These Terms will benefit any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are reserved. We reserve the right, at any time, to transfer some or all of ReviveHosting’s assets in connection with a merger, acquisition, reorganization, or sale of assets or in the event of bankruptcy.

Force Majeure: ReviveHosting is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond ReviveHosting’s reasonable control, including but not limited to, electronic, power, mechanic, or Internet failure, acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer issues, social lockdowns, pandemics, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government-mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Interpretation: In understanding or interpreting the terms of these Terms: (i) the headings in this Agreement are for convenience only and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting these Terms.

Language: These Terms may be translated into other languages, but English shall be and remain the official language of this agreement. In any conflict between the English language version and any other version, the English language version shall control.

Entire Agreement: These Terms constitute the complete and exclusive statement of the agreement between the Parties with respect to the subject matter of these Terms, superseding any and all prior oral or written communications, proposals, representations, and agreements. The Terms may be amended only by mutual agreement expressed in writing and signed by both parties, and any attempted amendment in violation of this section shall be void.

Equitable Remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, ReviveHosting will be irreparably damaged. Therefore, you agree that ReviveHosting shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

No Embargo: You represent and warrant that: (i) you are not located in a country that is subject to a European Union or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties or activities.

Notices: All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or:

• personal delivery to the party to be notified;
• when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day;
• five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or
• one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt.

No Waiver: Failure by ReviveHosting to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship: You and ReviveHosting are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Severability: If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect.

Taxes: You are responsible for complying with all tax obligations associated with your account.

37. Dispute Resolution

Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under this Section. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This arbitration applies to you and ReviveHosting, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under this Agreement.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the Party must first send to the other party a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. After the Notice is received, the Parties may attempt to resolve the claim or dispute informally and in good faith. If the Parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.

The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. The amount of the award shall also be limited by the Limitation of Liability section of this Agreement, to the extent applicable. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (AAA) Rules, an established alternative dispute resolution provider (the “ADR Provider”) that offers arbitration as set forth in this section.

The LCIA Arbitration Rules (the “ADR Provider Rules”) governing the arbitration are available online at www.lcia.org. If the LCIA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The ADR Provider Rules shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms.

The arbitration shall be conducted by a single, neutral arbitrator. Any hearing will be held in a location within 100 miles of ReviveHosting’s business premises, unless you reside outside of such area, and unless the parties agree otherwise. If you reside outside of such geographical area, the arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings, as detailed below. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, reputable video conference based tools, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties. Time Limits. If you or ReviveHosting elect to pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the ADR Provider Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and ReviveHosting, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider Rules, and these Terms.

The award of the arbitrator is final and binding upon you and ReviveHosting. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the LCIA Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.

The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against ReviveHosting shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding.

Unless otherwise agreed by you and ReviveHosting, you may not adjoin or consolidate any claim with more than one person’s, and you may not otherwise supervise or take over any form of a class, representative, or consolidated proceeding. Applicable Law. You agree to submit to the applicable laws of the State of New York, United States, which will govern these Terms and any claim, without regard to conflict of law provisions. Forum.

For the application of this arbitration agreement, and of other matters appertaining to these Terms, the parties hereto agree to submit to the personal jurisdiction of the courts located in the City of Blue Point, State of New York, United States. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.

38. Contact

If you have any questions or queries about us, the Site, our Services, or these Terms, please reach out to us via email as specified in the Contact Us section of the Site. Please be aware that communications made through email or the "Contact Us" page do not serve as legal notice to the ReviveHosting legal entity, if any.

Thank you for choosing ReviveHosting! We look forward to providing you with exceptional service and a positive user experience.