Admin
Co, Founder
Effective Date: [01/05/2025]
Welcome to Finixhost.com (“Finixhost,” “we,” “us,” or “our”), powered by Triple Ace Enterprise AS. These Terms and Conditions (“Terms”) govern your access to and use of our web hosting, domain registration, development services, and related offerings (the “Services”). By using our Services, you agree to these Terms.
1. Account Eligibility
To use Finixhost’s Services, you must meet the following eligibility requirements:
Finixhost reserves the right to refuse service, terminate accounts, or take any necessary actions if it reasonably suspects that an account does not comply with these eligibility requirements.
2. Transfers
2.1 Domain Transfers
If you wish to transfer a domain name to or from Finixhost, you must comply with all applicable policies and regulations established by ICANN and the relevant domain registries. You are responsible for initiating and authorizing any domain transfer requests.
2.2 Authorization
You must provide all necessary authorizations, including authorization codes (EPP/Auth codes), to complete a domain transfer. Failure to provide such authorization may result in delays or failure of the transfer.
2.3 Transfer Restrictions
Domains may be subject to transfer restrictions, including but not limited to:
2.4 Transfer Fees
Finixhost may charge fees for processing domain transfers according to the pricing listed on our website. You acknowledge that domain transfer fees are non-refundable.
2.5 No Liability for Transfer Issues
Finixhost is not responsible for any loss, damage, or delays caused by third parties, including registries, registrars, or intermediaries during domain transfers.
2.6 Service Impact
During the transfer process, domain services such as website accessibility and email may be temporarily interrupted. Finixhost is not liable for any downtime resulting from domain transfers.
3. Finixhost Content
3.1 Ownership
All content available on Finixhost.com and related Services, including but not limited to text, graphics, logos, images, software, source code, designs, trademarks, trade dress, and other proprietary materials (“Finixhost Content”), are owned exclusively by Finixhost or its licensors. These are protected by applicable intellectual property laws worldwide, including copyright, trademark, and trade secret laws.
3.2 License to Use Finixhost Content
Subject to your compliance with these Terms, Finixhost grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Finixhost Content solely for your personal or internal business purposes in connection with the Services you receive. This license does not include any rights to:
3.3 Prohibited Uses
You agree not to:
3.4 Trademarks
The trademarks, logos, and service marks displayed on Finixhost.com (“Marks”) are registered and unregistered trademarks of Finixhost or third parties. You are prohibited from using any Marks without prior written permission from the trademark owner.
3.5 Feedback
Any suggestions, ideas, or feedback you provide to Finixhost regarding our Content or Services (“Feedback”) may be used by Finixhost freely and without restriction, including incorporating such Feedback into products and services without obligation or compensation to you.
3.6 Enforcement
Finixhost reserves the right to take legal action against unauthorized use of Finixhost Content, including seeking damages and injunctive relief.
4. User Content
4.1 Definition
“User Content” refers to any data, files, text, images, videos, or other materials that you upload, submit, post, or otherwise make available through Finixhost’s Services.
4.2 Ownership and Responsibility
You retain ownership of your User Content. However, by uploading or submitting User Content through our Services, you grant Finixhost a worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, and distribute such User Content solely for the purpose of operating, promoting, and improving our Services.
You represent and warrant that:
4.3 Guidelines for Prohibited User Content
You agree not to upload, post, or transmit any User Content that includes, but is not limited to, the following:
4.4 Monitoring and Enforcement
Finixhost reserves the right to review, moderate, remove, or disable access to any User Content that violates these guidelines or is otherwise objectionable, at its sole discretion. Repeated violations may result in suspension or termination of your account without prior notice.
4.5 Indemnification
You agree to indemnify, defend, and hold harmless Finixhost, its affiliates, employees, and agents from any claims, damages, liabilities, or expenses arising from your User Content or your violation of these Terms.
4.6 Backup and Data Loss
You acknowledge that Finixhost does not guarantee backup or recovery of User Content and that maintaining your own backups is your responsibility.
5. Third-Party Products and Services
5.1 Use of Third-Party Products and Services
Finixhost may provide access to or facilitate the use of third-party products, services, software, or applications (“Third-Party Products and Services”) as part of or in connection with our Services. These may include, but are not limited to:
5.2 No Endorsement or Warranty
Finixhost does not endorse, guarantee, or make any representations regarding the quality, suitability, legality, or availability of any Third-Party Products and Services. Your use of these products or services is solely at your own risk.
5.3 Separate Terms and Policies
Third-Party Products and Services are subject to the terms, conditions, and privacy policies of their respective providers. You agree to comply with all such terms and policies when using any third-party offerings linked to or integrated with Finixhost’s Services.
5.4 Third-Party Liability
5.5 No Liability
Finixhost disclaims all liability arising from or related to your use of Third-Party Products and Services, including but not limited to damages, losses, or interruptions caused by third-party actions or failures.
5.6 Payment and Support
Payments for Third-Party Products and Services may be handled by Finixhost or directly by the third party. Any disputes, refunds, or support requests for third-party offerings must be addressed in accordance with the third party’s policies.
5.7 Modification or Discontinuation
Finixhost reserves the right to modify, suspend, or discontinue access to any Third-Party Products and Services at any time without prior notice or liability.
5.8 Indemnification
You agree to indemnify, defend, and hold harmless Finixhost and its affiliates from any claims, damages, liabilities, or expenses arising out of your use or misuse of Third-Party Products and Services
6. Reseller or Licensor
6.1 Role of Finixhost
Finixhost may act as a reseller, licensor, or authorized agent of certain third-party products or services, including but not limited to domain registrations, software licenses, and hosting services (“Resold Products”). As a reseller or licensor, Finixhost facilitates your purchase and use of these Resold Products but does not own or control them.
6.2 Separate Terms Apply
All Resold Products are subject to the terms, conditions, policies, and agreements established by the original providers or licensors. By purchasing Resold Products through Finixhost, you agree to comply with all such third-party terms and acknowledge that Finixhost is not responsible for their performance or content.
6.3 Limited Liability
Finixhost disclaims all liability for any loss, damage, or inconvenience arising from your use of Resold Products. Some example scenarios where Finixhost assumes no liability include but are not limited to:
6.4 Payment and Refunds
Payments for Resold Products are subject to Finixhost’s billing policies, but refunds, cancellations, or disputes may be governed by the third-party provider’s policies. You agree to review and accept those policies before purchasing.
6.5 Support
Support for Resold Products may be provided by Finixhost, the third-party provider, or both. Finixhost will assist where possible but does not guarantee full support for third-party products or services.
6.6 Compliance
You agree to comply with all applicable laws and third-party requirements related to your use of Resold Products and will not use them for illegal or unauthorized purposes.
7. Third Party Websites
7.1 Access and Use
Finixhost’s Services may contain links to or integrations with websites, products, or services operated by third parties (“Third Party Websites”). These links are provided for your convenience and do not imply endorsement or approval by Finixhost. Examples of Third-Party Websites include, but are not limited to:
7.2 No Control or Responsibility
Finixhost has no control over the content, privacy policies, or practices of Third-Party Websites. We do not guarantee the accuracy, completeness, or reliability of any information or content available on such websites.
7.3 Use at Your Own Risk
Your use of Third-Party Websites is at your sole risk. You acknowledge and agree that Finixhost shall not be liable for any loss or damage caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Websites or the products or services offered therein.
7.4 Third-Party Terms and Policies
Third Party Websites are governed by their own terms of use, privacy policies, and other agreements. You should review those terms and policies carefully before using any third-party website or service.
7.5 Reporting Issues
If you become aware of any Third-Party Website linked to Finixhost’s Services that contains harmful, illegal, or inappropriate content, please notify us immediately at [support@finixhost.com].
8. Prohibited Persons (Countries, Entities, And Individuals)
8.1 Prohibited Users
You agree that you are not, and will not use the Services if you are a person or entity that is:
8.2 Verification
Finixhost reserves the right to verify your identity and/or location at any time, and to refuse or terminate Service to any user who is identified as a prohibited person or entity under this Section.
8.3 Consequences of Violation
If Finixhost determines that you are a prohibited person or entity, we may immediately suspend or terminate your account and access to Services without refund and may report such activity to relevant authorities.
8.4 Compliance with Laws
You agree to comply with all applicable export control, sanctions, and trade laws when using Finixhost’s Services.
8.5 Compliance with Laws and Regulations
You agree to comply fully with all applicable local, national, and international laws, regulations, and ordinances relevant to your use of Finixhost’s Services. This includes, but is not limited to:
Examples of Compliance Violations Include, But Are Not Limited To:
Failure to comply with these laws may result in suspension or termination of your account, legal action, or reporting to relevant authorities.
You acknowledge that Finixhost may cooperate with law enforcement agencies or regulatory bodies in investigations related to your use of the Services.
9. Account Security
9.1 User Responsibility
You are responsible for maintaining the confidentiality of your account credentials, including your username, password, and any other login information. You agree to notify Finixhost immediately of any unauthorized use of your account or any other security breach.
9.2 Account Access
You are solely responsible for all activities that occur under your account. Finixhost is not liable for any loss or damage resulting from unauthorized access to your account unless caused by Finixhost’s gross negligence or willful misconduct.
9.3 Security Measures
Finixhost implements industry-standard security measures, including encryption, firewalls, and monitoring systems to protect user data and accounts. However, no method of transmission or storage is completely secure, and you acknowledge the inherent risks in using online services.
9.4 Password Requirements
You agree to create strong passwords and update them regularly to help protect your account. Sharing your password with others or storing it insecurely is discouraged.
9.5 Suspension or Termination for Security Reasons
Finixhost reserves the right to suspend or terminate your account immediately if we reasonably believe your account has been compromised or is being used in violation of these Terms, including security threats or breaches.
9.6 Consequences of Unauthorized Access
Unauthorized access to your Finixhost account or the accounts of others is strictly prohibited. If Finixhost detects or suspects unauthorized access, the following actions may be taken:
You acknowledge that you are solely responsible for any damages or losses incurred as a result of unauthorized access caused by your failure to safeguard your account credentials.
10. HIPAA Disclaimer
10.1 No HIPAA Compliance
Finixhost is not a HIPAA-covered entity, business associate, or otherwise subject to the Health Insurance Portability and Accountability Act (“HIPAA”). Our Services are not designed, intended, or certified to meet HIPAA requirements.
10.2 User Responsibility
If you intend to use Finixhost’s Services to store, process, or transmit Protected Health Information (“PHI”) or other sensitive healthcare data, you do so at your own risk and acknowledge that Finixhost does not provide any assurances or warranties related to HIPAA compliance.
10.3 No Liability for HIPAA Violations
Finixhost expressly disclaims any liability arising from your use of the Services for HIPAA-regulated data. You agree to assume full responsibility for compliance with HIPAA or any other applicable laws concerning the protection of healthcare information.
10.4 Examples of Potential HIPAA Violations
Examples of HIPAA violations that could occur if our Services are used improperly include, but are not limited to:
10.5 Recommendation
We recommend that users handling PHI consult qualified legal and compliance experts to ensure that any use of Finixhost’s Services complies with all relevant laws and regulations.
11. Compatibility with the Services
11.1 User Responsibility
You are responsible for ensuring that your hardware, software, and internet connection are compatible with Finixhost’s Services. Finixhost does not guarantee that the Services will work on all devices or with all software configurations.
11.2 System Requirements
Certain services or features may require specific operating systems, browsers, plugins, or other third-party software. It is your responsibility to maintain and update such software, as necessary.
11.3 No Warranty for Compatibility
Finixhost disclaims any warranties regarding compatibility, performance, or interoperability of the Services with your hardware or software. We recommend testing and verifying compatibility before purchasing or subscribing.
11.4 Changes to Services
Finixhost reserves the right to modify, update, or discontinue any aspect of the Services at any time, including changes that may affect compatibility. We will make reasonable efforts to notify users in advance of significant changes.
11.5 Third-Party Software and Integrations
If you use third-party software, plugins, or integrations in connection with Finixhost’s Services, you acknowledge that these are outside Finixhost’s control, and we disclaim any liability arising from their use.
11.6 Impact of Future Updates
Finixhost may update, modify, or enhance its Services from time to time to improve functionality, security, or performance. These updates may result in changes to features, interfaces, or system requirements that could affect the compatibility or behaviour of current services.
While Finixhost strives to minimize disruption, you acknowledge and accept that some updates may temporarily impact service availability or require you to adjust your hardware, software, or configurations.
We recommend staying informed of announcements regarding updates and reviewing any provided guidance to ensure continued compatibility and optimal use of our Services.
12. Billing and Payment Information
12.1 Multiple Accounts
You may create and maintain multiple accounts with Finixhost. Each account is subject to these Terms and requires separate billing and payment.
12.2 Prepayment and Payment Methods
Finixhost requires prepayment for services unless otherwise agreed. Accepted payment methods include credit/debit cards, PayPal, and other payment gateways listed on our website. You agree to provide accurate and complete payment information.
12.3 Auto-Renewal
12.4 Taxes
You are responsible for all applicable taxes, duties, and fees associated with your purchase of Finixhost services. Finixhost may collect and remit taxes as required by law.
12.5 Late Payment and Fees
Payments not received by the due date may incur a late fee of 15% of the outstanding balance. Continued non-payment may result in suspension or termination of your services.
12.6 Domain Payment Terms
Domain registration and renewal fees are billed separately and subject to the policies of the domain registries. You must maintain current payment information to avoid domain suspension or loss.
12.7 Fraud Prevention
Finixhost reserves the right to suspend or terminate accounts suspected of fraudulent activity. We may require additional verification to process payments.
12.8 Invoice Disputes
If you dispute any charges, you must notify Finixhost in writing within 30 days of the invoice date. Failure to dispute within this period constitutes acceptance of the charges.
12.9 Impact of Cancellation on Services
Service Access: Upon cancellation, your services will remain active until the end of the current billing period, after which your access will be suspended or terminated depending on the service type.
Data Retention: Finixhost may retain your data for a limited period after cancellation to allow for account recovery or transfer. After this retention period, your data may be permanently deleted and irretrievable.
Domain Names: If you cancel domain registration or fail to renew domains, they may expire and become available for registration by others. It is your responsibility to renew or transfer domains prior to expiration.
No Pro-Rated Refunds: Cancellation does not entitle you to pro-rated refunds for unused portions of the billing cycle unless explicitly stated in our Refund Policy.
Reactivation: Re-activating services after cancellation may require you to sign up again and accept current terms and pricing.
13. Cancellations and Refunds
13.1 Payment Method
You agree to pay all fees and charges associated with your Finixhost account using the payment method you provide. If your payment method is declined or expires, you agree to update your payment details promptly to avoid service disruption.
13.2 Money-Back Guarantee (Eligibility)
Finixhost offers a [specify duration, e.g., 15-day] money-back guarantee on select hosting plans purchased by new customers, allowing you to request a refund within this period if you are unsatisfied with the service. The guarantee applies only to the following hosting plans:
13.3 Refund Eligibility and Request Timeline
13.4 Non-Refundable Products and Services
Certain products and services are non-refundable, including but not limited to:
13.5 Cancellation Process
You may cancel your services by following the cancellation procedures outlined in your account dashboard or by contacting Finixhost support. Cancellation requests must be made prior to the next billing cycle to avoid auto-renewal charges.
13.6 Impact of Cancellation
13.7 Refund Process
Approved refunds will be processed to the original payment method within 7 to 14 business days. Finixhost reserves the right to deduct any applicable fees or charges from the refund amount.
13.8 Exceptions and Disputes
Disputes regarding cancellations or refunds must be submitted in writing within 15 days of the invoice date. Finixhost reserves the right to investigate and resolve disputes at its sole discretion.
14 Domain Registration and Management
14.1 Domain Availability and Registration
Finixhost provides access to a wide range of domain extensions (TLDs). Domain availability is not guaranteed until the registration process is successfully completed and confirmed. We are not liable for registration delays, failures, or third-party claims on domain names.
14.2 Domain Ownership
The individual or entity listed as the Registrant in the WHOIS database shall be considered the legal owner of the domain. It is your responsibility to ensure all WHOIS contact information is accurate and up to date.
14.3 Domain Transfers
Domain transfers to or from Finixhost must comply with ICANN and registry rules. We are not responsible for issues arising from incorrect EPP codes, expired domains, registrar locks, or disputes between prior and current owners.
14.4 Auto-Renewal and Expiry
Domains registered through Finixhost are set to auto-renew by default to prevent accidental expiration. You may disable auto-renewal at any time. If a domain is not renewed before its expiration date, it may be subject to a grace period and then redemption fees or permanent loss.
14.5 Non-Refundable Domains
Domain registration, renewal, and transfer fees are non-refundable under any circumstances once the order is processed.
14.6 Suspension and Disputes
We may suspend or cancel domains that violate ICANN rules, applicable law, or these Terms. In the event of a domain dispute, Finixhost follows ICANN’s Uniform Domain-Name Dispute-Resolution Policy (UDRP).
14.7 WHOIS Privacy / ID Protection
If offered, WHOIS privacy services may be added to protect your personal data. However, we may disclose your identity if legally required or in response to verified complaints of abuse, fraud, or infringement.
14.8 Domain Transfer Fees
15.1 Supported Currencies
Finixhost currently accepts payments in the following four foreign currencies to accommodate our global customer base:
15.2 Currency Selection
Users may select their preferred currency during the checkout process. If your local currency is not available, you will be charged in USD by default, and conversion rates will be determined by your bank or payment provider.
15.3 Exchange Rates
All foreign currency conversions are based on current market rates and are subject to fluctuations. Finixhost is not responsible for changes in exchange rates applied by payment processors or banks.
15.4 Bank Fees and Conversion Charges
You are responsible for any international transaction fees, currency conversion charges, or banking fees imposed by your financial institution. These charges are separate from and in addition to the total amount billed by Finixhost.
15.5. Refunds and Currency Value
All refunds, if applicable, are processed in the original transaction currency. Due to currency fluctuation, the refunded amount in your local currency may differ from the original payment amount.
15.6. Billing Discrepancies
In the case of any billing discrepancy related to foreign currency payments, please contact our billing team within 7 days of the invoice or transaction to request a review.
16 Termination
16.1 Termination by You (the User)
You may terminate your account or cancel specific Services at any time through your client portal or by contacting Finixhost support. Termination of Services does not entitle you to a refund for any remaining prepaid period unless explicitly covered by our Money-back Guarantee or Refund Eligibility terms.
16.2 Termination by Finixhost
Finixhost may suspend or terminate your access to Services with or without notice under the following circumstances:
16.3 Effect of Termination
Upon termination:
Finixhost is not liable for any data loss resulting from account termination.
16.4 Surviving Terms
Certain provisions of these Terms will survive termination, including but not limited to: Intellectual Property Rights, Billing and Payment Obligations, Dispute Resolution, Indemnification, and Limitations of Liability.
16.5 Reactivation
If your account or individual services are suspended or terminated due to non-payment, abuse, or violation of Finixhost’s Terms, you may be eligible to request reactivation. Reactivation is not guaranteed and is subject to the following conditions:
1. Standard Reactivation Fee
2. Late Payment Penalties
3. Domain Reactivation
4. Data Restoration (Optional)
5. Time Limit for Reactivation
17 Permitted CPU and Disk Usage
To ensure optimal performance and fair resource distribution among all users, Finixhost enforces the following limits and policies on CPU and disk usage, particularly on shared hosting environments:
17.1 CPU Usage Limits
17.2 Disk Usage (Storage) Limits
17.3 Inode Limits
17.4 Email and Database Storage
17.5 Resource Abuse Consequences
18 Bandwidth Usage
To ensure service reliability, optimal performance, and fair resource distribution, Finixhost enforces reasonable and clearly defined bandwidth usage policies for all users.
18.1 Definition of Bandwidth
Bandwidth refers to the total amount of data transferred to and from your hosting account, including website traffic, file downloads/uploads, email transmission, FTP access, and database interactions.
18.2 Bandwidth Allocation
Each hosting plan includes a specific bandwidth limit, which is clearly stated in the service description at the time of purchase. Your use of bandwidth is subject to the limitations of your selected plan.
18.3 Overage and Excessive Use
If your account exceeds its allocated bandwidth:
18.4 Prohibited Bandwidth Usage
The following activities are strictly prohibited and may result in immediate account suspension or termination:
18.5 Monitoring and Notification
Bandwidth usage is actively monitored using automated systems. You may receive notifications when your usage reaches 80%, 90%, and 100% of your allocated limit. It is your responsibility to monitor your usage via your client portal.
19 Uptime Guarantee
At Finixhost.com, we are committed to providing reliable and high-performance hosting solutions. To support this, we offer a 99.9% Uptime Guarantee on all shared, WordPress, and core hosting services.
19.1 Definition of Uptime
Uptime refers to the total time during which your hosted website or service is operational and accessible via the internet, excluding scheduled maintenance or factors outside our control.
19.2 Guaranteed Uptime
Finixhost guarantees that our hosting infrastructure will be operational and available at least 99.9% of the time in any given calendar month. This equates to a maximum allowable downtime of approximately 43.8 minutes per month.
19.3 Exclusions from Uptime Guarantee
This guarantee does not apply to service interruptions caused by:
19.4 Claiming Uptime Credit
If Finixhost fails to meet the 99.9% uptime guarantee in any calendar month, you may be eligible for service credits as follows:
Uptime % (Monthly) | Service Credit |
99.0% – 99.8% | Five percent credit |
98.0% – 98.9% | Ten percent credit |
95.0% – 97.9% | Twenty percent credit |
Below 95% | Thirty percent credit |
To receive credit, you must:
Credits apply only to the monthly hosting fee and may not exceed the monthly fee for the affected service. Credits are non-refundable and non-transferable.
19.5 Monitoring and Reporting
Uptime is measured using internal monitoring systems and third-party validation tools. Our logs and tracking tools will be the sole source of uptime data used to determine eligibility for credits.
20 Price Change
20.1 Right to Modify Prices
Finixhost.com reserves the right to change the prices for any of its products or services at any time. This includes but is not limited to hosting plans, domain registrations, renewals, and add-on services.
20.2 Advance Notice
When possible, Finixhost will provide customers with at least 30 days’ advance written notice via email or account notifications before any price increase takes effect.
20.3 Effect on Renewals
20.4 Customer Options After Price Change
If you do not agree to the price changes, you may cancel your service before the new prices take effect. Cancellation procedures and refund policies apply as outlined in the Terms of Service.
20.5 Promotions and Discounts
Promotional pricing, discounts, or special offers are subject to change or withdrawal without notice and do not guarantee future pricing.
20.6 Taxes and Fees
All prices are exclusive of applicable taxes, fees, or levies which may be added to your invoice according to applicable law.
21 Coupons
21.1 Coupon Usage
Finixhost.com may offer promotional coupons or discount codes (“Coupons”) to new and existing customers. Coupons can be used to receive discounts on eligible products and services as specified at the time of promotion.
22.2 Eligibility
Coupons are subject to specific terms and conditions, including but not limited to:
22.3 Redemption
To redeem a coupon, customers must enter the coupon code during the checkout or payment process. Failure to enter the coupon code properly may result in no discount being applied.
22.4 Restrictions
22.5 Changes and Cancellation
Finixhost reserves the right to cancel, modify, or restrict any coupon or promotional offer at any time without prior notice.
22.6 Refunds and Credits
If a refund is issued for a purchase that utilized a coupon, the refund amount will be adjusted to reflect the discounted price actually paid.
23 Limitation of Liability
23.1 General Limitation
To the fullest extent permitted by applicable law, Finixhost.com, its affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, the “Finixhost Parties”) shall not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or other damages whatsoever, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or in connection with the use or inability to use our services, even if Finixhost has been advised of the possibility of such damages.
23.2 Maximum Liability Cap
The aggregate liability of Finixhost Parties to you for any claim arising from or relating to these Terms or your use of the services, regardless of the cause of action or theory of liability, shall not exceed the total amount paid by you to Finixhost.com for the specific service giving rise to the claim during the six (6) months preceding the event giving rise to the liability.
23.3 No Liability for Service Interruptions or Data Loss
Finixhost shall not be liable for any loss, corruption, or unauthorized disclosure of data or content, downtime, service interruptions, delays, or failures in service caused by:
23.4 No Warranty Disclaimer
Finixhost provides all services on an “as is” and “as available” basis without any warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted service.
23.5 Third-Party Products and Services
Finixhost is not responsible or liable for any third-party products, services, or content accessed through or integrated with our services. Any dealings or disputes with third parties are strictly between you and the third party.
23.6 Indemnification
You agree to indemnify, defend, and hold harmless the Finixhost Parties from and against any claims, damages, liabilities, costs, losses, and expenses (including reasonable attorney’s fees) arising out of or related to your use of the services, your violation of these Terms, or your infringement of any intellectual property or other rights.
23.7 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. If such laws apply to you, some or all of the above limitations may not apply. In such cases, Finixhost’s liability will be limited to the maximum extent permitted by law.
24 Indemnification
You agree to indemnify, defend, and hold harmless Finixhost.com, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees and court costs, arising out of or related to:
Finixhost reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Finixhost’s defence of such claim.
25 Dispute Resolution and Governing Law
25.1 Informal Resolution
In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Service or the use of Finixhost services, both parties agree to first attempt to resolve the matter amicably through good-faith negotiations within 30 days of written notice of the dispute.
25.2 Binding Arbitration
If the dispute cannot be resolved informally within the specified period, the parties agree to submit the dispute to binding arbitration administered by a recognized arbitration body (such as the Norwegian Arbitration Association or a similar institution) under its commercial arbitration rules.
25.3 Governing Law and Jurisdiction
These Terms of Service and any disputes arising from or related to them shall be governed by and construed in accordance with the laws of [Specify Jurisdiction: e.g., Norway], without regard to its conflict of law principles.
You agree to submit to the exclusive jurisdiction and venue of the courts located in [Oslo, Norway] for any legal proceedings not subject to arbitration.
25.4 Waiver of Class Actions
You agree that any arbitration or litigation shall be conducted only on an individual basis and not as a class, collective, or representative action. Class arbitration and class actions are hereby waived.
26 Disclaimer
26.1 No Warranty
Finixhost.com provides its services “as is” and “as available” without any express or implied warranties of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, non-infringement, or uninterrupted service.
26.2 Service Interruptions
Finixhost does not guarantee that services will be uninterrupted, error-free, or completely secure. Temporary outages, delays, or errors may occur due to maintenance, upgrades, or factors beyond our control.
26.3 Accuracy of Information
While we strive to provide accurate and up-to-date information, Finixhost makes no guarantees regarding the accuracy, completeness, or reliability of any content, services, or third-party products available through our platform.
26.4 Third-Party Content
Finixhost is not responsible for any third-party websites, products, services, or content linked to or integrated with our services. Your interactions with third parties are solely between you and those parties.
26.5 Limitation of Liability
To the maximum extent permitted by law, Finixhost expressly disclaims all liability for any damages arising from the use of or inability to use the services, including indirect, incidental, special, or consequential damages.
26.6 No Legal, Financial, or Medical Advice
Any information provided by Finixhost should not be construed as legal, financial, or medical advice. You should consult a qualified professional for such matters.
27 Backups and Data Loss
27.1 Customer Responsibility
While Finixhost.com may offer backup services or periodic backups as part of certain hosting plans, it is the customer’s sole responsibility to maintain their own complete and current backup copies of all data, files, websites, databases, and other content hosted on Finixhost servers.
27.2 Backup Frequency and Retention
Finixhost may perform backups at its discretion and according to its internal policies. Backup schedules, frequency, and retention periods may vary by service plan and are subject to change without prior notice.
27.3 No Guarantee of Backup Restoration
Finixhost does not guarantee the availability, completeness, or successful restoration of any backups. Customers acknowledge that data loss may occur and agree that Finixhost is not liable for any loss, corruption, or unavailability of data or content.
27.4 Data Loss Liability
Finixhost expressly disclaims any liability for damages, losses, or costs arising from data loss, including but not limited to lost revenue, lost profits, or business interruption, regardless of cause or fault.
27.5 Recommended Backup Practices
Customers are strongly advised to implement regular backup procedures, including maintaining offsite backups, and to verify backup integrity and restorations independently.
28 Disclosure to Law Enforcement
28.1 Compliance with Legal Requests
Finixhost.com reserves the right to disclose any information, including your personal data, account details, user content, and usage records, to law enforcement agencies, regulatory authorities, or other government bodies when required to do so by law, subpoena, court order, or other valid legal processes.
28.2 Scope of Disclosure
Such disclosures may include, but are not limited to:
28.3 Good Faith Cooperation
Finixhost cooperates in good faith with law enforcement investigations and complies with lawful requests to protect the safety and security of our services, customers, and the public.
28.4 Notification
Where legally permissible, Finixhost will notify you of any disclosure of your information to law enforcement authorities. However, in certain cases, such notification may be prohibited by law or delayed by request of the authorities.
28.5 Limitations
Finixhost is not responsible for any consequences or damages resulting from the disclosure of information as required by law or regulation.
29 Entire Agreement
These Terms of Service, together with any other legal notices, policies, or agreements referenced herein or provided by Finixhost.com, constitute the entire agreement between you and Finixhost regarding the use of our services.
They supersede all prior or contemporaneous agreements, communications, proposals, or understandings, whether written or oral, relating to the subject matter of these Terms.
No other statements, representations, warranties, or agreements, except as explicitly set forth in these Terms, shall have any force or effect.
Any amendments or modifications to these Terms must be in writing and signed by an authorized representative of Finixhost.com.
30 Changes to the Agreement or the Services
30.1 Right to Modify
Finixhost.com reserves the right to modify, update, or change these Terms of Service, our Privacy Policy, or any other policies at any time, without prior notice, to reflect changes in our services, legal requirements, or business practices.
30.2 Notification of Changes
When significant changes occur, Finixhost will make reasonable efforts to notify customers via:
30.3 Your Continued Use
Your continued use of Finixhost services after the effective date of any changes constitutes your acceptance of the revised Terms.
If you do not agree to the updated Terms, you must discontinue use of the services and cancel your account prior to the effective date.
30.4 Material Changes
Material changes that significantly affect your rights or obligations will be communicated with reasonable advance notice whenever practicable.
30.5 Service Modifications
Finixhost may also modify, suspend, or discontinue any service or feature without liability or prior notice, provided that such changes do not materially reduce the overall quality or functionality of the service.
31 Severability
If any provision of these Terms of Service is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the Terms without affecting the validity, legality, or enforceability of the remaining provisions.
The remaining terms shall continue in full force and effect to the maximum extent permitted by law.
32 Waiver
No failure or delay by Finixhost.com in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy.
Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of Finixhost.com.
A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.
33 Assignment: Successors
You may not assign, transfer, or delegate any of your rights or obligations under these Terms of Service without the prior written consent of Finixhost.com.
Finixhost.com may assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
These Terms shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, and legal representatives.
34 Force Majeure
Finixhost.com shall not be liable for any failure or delay in performing its obligations under these Terms of Service if such failure or delay is due to causes beyond its reasonable control, including but not limited to:
In such events, Finixhost.com will make reasonable efforts to resume normal service as soon as possible.
The duration of the delay or failure caused by a force majeure event shall be added to the term of any service agreement affected.
35 Electronic Notices
By using Finixhost.com services, you agree to receive all communications, notices, and disclosures electronically. Finixhost may provide such communications by email, posting on the website, client portal, or other electronic means.
You agree that all agreements, notices, disclosures, and other communications that Finixhost provides electronically satisfy any legal requirement that such communications be in writing.
It is your responsibility to ensure that your contact information, including your email address, is accurate and up to date.
You may request paper copies of any electronic communications by contacting Finixhost customer support; however, Finixhost reserves the right to charge a reasonable fee for such paper copies.
Electronic communications are considered received by you:
36 Third-Party Beneficiaries
These Terms of Service are intended for the benefit of you and Finixhost.com only.
No other person or entity shall be considered a third-party beneficiary to these Terms, nor shall any third party have any right to enforce any provision of these Terms or to claim any rights under them.
37 Trademark or Copyright Claims
37.1 Notification of Infringement
If you believe that any content available on or through Finixhost.com services infringe your trademark, copyright, or other intellectual property rights, you may notify us by submitting a written complaint containing:
37.2 Counter-Notification
If you believe that your content was removed or disabled due to a mistake or misidentification, you may submit a counter-notification with your contact information and a statement under penalty of perjury.
37.3 Finixhost’s Response
Upon receipt of a valid infringement notice, Finixhost will take reasonable steps to remove or disable access to the allegedly infringing material.
Finixhost may terminate accounts of repeat infringers in accordance with applicable laws.
37.4 No Legal Advice
Finixhost does not provide legal advice and recommends consulting with an intellectual property attorney for guidance on infringement claims.
38 Customer Support
38.1 Support Availability
Finixhost.com provides customer support services to assist users with technical issues, billing inquiries, and general questions related to the services offered. Support channels may include email, live chat, phone support, and a support ticket system, subject to the specific service plan. Support hours and response times may vary and are specified in the relevant service description or service-level agreement (SLA).
38.2 Customer Responsibilities
Customers are expected to provide accurate and complete information when seeking support to facilitate timely and effective resolution. Customers should use support services responsibly and refrain from abusive, offensive, or fraudulent behavior.
38.3 Support Limitations
38.4 Changes to Support Policies
Finixhost.com reserves the right to modify support services, hours, and policies at any time without prior notice.
39 Headings
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.
40 Reporting SLA Violations or Issues
If you believe Finixhost has failed to meet the agreed Service Level standards, you must notify us in writing within 7 calendar days of the incident via our official support channels:
Your report should include:
Upon receiving your notification, Finixhost will acknowledge the report within 24 hours and initiate an investigation. We aim to resolve SLA-related issues promptly and will communicate progress regularly.
Failure to notify us within the specified timeframe may result in the waiver of any SLA remedies or compensation.
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