This Agreement contains the terms and conditions that apply to your purchase from PageHoot LLC (“PageHoot LLC”) that will be provided to you (“Customer”) for PageHoot Domain Hosting Support Agreements (“Support Agreements”). By accepting delivery of the PageHoot LLC services and support described on the invoice or order confirmation, Customer agrees to be bound by and accepts these terms and conditions. If you do not wish to be bound by this Agreement, you must notify PageHoot LLC immediately. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH PageHoot LLC, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER PageHoot LLC STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, at PageHoot LLC’s sole discretion.

1. Support Services

  1. PageHoot LLC will provide Customer with access to a user portal based support ticketing system (“Support Services”) for the full term of the hosting agreement. Term(s) begin upon PageHoot LLC’s the first date of Customer’s website publication.
  2. Support tickets are addressed on a first come first served basis

2. Restrictions

  1. Service and support will be provided to Customer in accordance with the terms indicated in this document and on PageHoot LLC’s terms and conditions page. PageHoot LLC has no obligation to provide service or support until PageHoot LLC has received payment for the months the website is hosted. Terms, conditions, support features, procedures, pricing and support availability for future periods are subject to change at any time without notice and are available on PageHoot LLC’s website. 
  2. PageHoot LLC may limit or terminate support service to, or may elect not to renew additional support if Customer uses the service in an irregular, excessive, abusive or fraudulent manner. Examples of such use include a high number of support requests that concern previously resolved issues and/or general usability, repeated posing of questions to which the answer is readily found in Product documentation, and discussion of issues that are not related to technical support. Coverage is non-transferable and is valid for the Customer only. 
  3. PageHoot LLC is not responsible for any lost or corrupted software or data. 

3. Dispute Resolution

No amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by the party against which such amendment, change,waiver, or discharge is sought to be enforced. This Agreement shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions, and the exclusive venue for disputes arising out of or related to Agreement shall be the appropriate state or federal court located in either the City of Seattle, Washington or King County, Washington. Client shall not assign, without the prior written consent of PageHoot, its rights, duties or obligations under this Agreement to any person or entity, in whole or in part. The waiver or failure of either party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder.

4. LIMITATION OF LIABILITY

PAGEHOOT LLC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. PAGEHOOT LLC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF THIS SERVICE, PageHoot LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF SUPPORT UNDER THIS AGREEMENT.

5. Other Documents

These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and PageHoot LLC.

6. Governing Law

This Agreement shall be governed by the laws of the State of Washington. For the purpose of resolving conflicts related to or arising out of this Agreement, the parties expressly agree that venue shall be in the State of Washington only, and, in addition, the parties hereby expressly consent to the exclusive jurisdiction of the federal and state courts in the State of Washington.

7. Waiver

The failure of either party to enforce at any time or for any period of time the terms of this document shall not be construed as a waiver of such terms or the rights of such party thereafter to enforce each term contained herein.

8. Severability

If any term or condition is held void or unenforceable, it shall be severed, and every other provision shall be enforced as if the void or unenforceable term or condition had never been a part hereof. The parties agree the court is entitled to read the otherwise invalid provision as narrowly as is necessary to make it valid and enforceable. Both parties hereby agree such scope may be judicially modified accordingly in any enforcement proceeding. Both parties agree that the covenants contained herein are necessary for protection of legitimate business interests and are reasonable in scope and content.