These Terms of Service (the "Agreement") are an agreement between ILLYSOFT, LLC ("IllyHosting", "IllyHosting.com", "ILLYSOFT", "us", "our", or the “Company”) and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by IllyHosting and of the IllyHosting.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. IllyHosting is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the IllyHosting Billing Panel to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the Réseaux IP Européens Network Coordination Centre (RIPE). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
The Service and any data you provide to IllyHosting is hosted in one of our datacenter countries: Republic of Kosovo, Germany, United Kingdom, unless otherwise provided. If you access the Service from outside of the these countries, you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of these countries, and not necessarily of the jurisdiction in which you are located.
Our Migration Team will make every effort to help you move your website to us. Migrations are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall IllyHosting be held liable for any lost or missing data or files resulting from a transfer to or from IllyHosting. You are solely responsible for backing up your data in all circumstances.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "IllyHosting Content"), are the proprietary property of IllyHosting or IllyHosting's licensors. IllyHosting Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any IllyHosting Content. Any use of IllyHosting Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any IllyHosting Content. All rights to use IllyHosting Content that are not expressly granted in this Agreement are reserved by IllyHosting and IllyHosting's licensors.
IllyHosting may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
IllyHosting does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. IllyHosting is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
IllyHosting may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-IllyHosting Products"). IllyHosting shall not be responsible for any changes in the Services that cause any Non-IllyHosting Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-IllyHosting Products, either sold, licensed or provided by IllyHosting to you will not be deemed a breach of IllyHosting's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-IllyHosting Product are limited to those rights extended to you by the manufacturer of such Non-IllyHosting Product. You are entitled to use any Non-IllyHosting Product supplied by IllyHosting only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-IllyHosting Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-IllyHosting Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
The Services may contain links to other websites that are not owned or controlled by IllyHosting ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the Republic of Kosovo Government, United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”) or Kosovo authorities. You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws or Kosovo Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is banned from Republic of Kosovo Government or it’s target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, IllyHosting also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify IllyHosting of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to IllyHosting's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, IllyHosting may suspend or terminate your account and pursue the collection costs incurred by IllyHosting, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. IllyHosting will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact IllyHosting directly after you make a late payment to reactivate the dedicated server.
Domain renewal notices are provided as a courtesy reminder and IllyHosting is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. IllyHosting may report any such misuse or fraudulent use, as determined in IllyHosting's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
You have ninety (90) days to dispute any charge or payment processed by IllyHosting. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
IllyHosting complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of our customer's data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. IllyHosting does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
There are no refunds on domain registrations, voip, colocation services and dedicated servers. The fifteen (15) day money-back guarantee does not apply to dedicated servers.
IllyHosting offers a fifteen (15) day money-back guarantee for IllyHosting's shared hosting, wordpress hosting, reseller hosting, enterprise email hosting and VPS services only. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within fifteen (15) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to domains, administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
No refunds will be provided if you use any of the following methods of payment: bank wire transfers. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
If an account with a fifteen (15) day money-back guarantee is purchased and then cancelled within the first fifteen (15) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your written request to the IllyHosting Support Team (the "Refund Request") within forty-five (45) days of such termination or cancellation ("Notice Period"), receive a full refund of shared hosting, wordpress hosting, reseller hosting, enterprise email hosting and vps fees previously paid by you to IllyHosting for the initial term ("Money-Back Guarantee Refund"); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to the IllyHosting Support Team. Refunds will only be issued for shared hosting, wordpress hosting, reseller hosting, enterprise email hosting and vps services and will not include domains, administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money-Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights to get a refund.
There are no refunds on domain registrations, voip, colocation, dedicated servers, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at IllyHosting's sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
You may terminate or cancel the Services by submitting a ticket in our: support system. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) IllyHosting may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket number in the subject line for your reference and for verification purposes. IllyHosting will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone.
Cancellations for shared hosting, wordpress hosting, reseller hosting and vps services will be effective on the account's renewal date. Cancellations for dedicated and colocation accounts will be effective immediately.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify IllyHosting's Billing department via a support ticket created from https://mya.illyhosting.com/supporttickets.php to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
If your plan includes a free domain name and you cancel within 1 year, a fee of €16.99 (and any applicable taxes) (the "Domain Name Fee") will be deducted from your refund.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Euro and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and IllyHosting is not responsible for any change in exchange rates between the time of payment and the time of refund.
IllyHosting may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm IllyHosting or others or cause IllyHosting or others to incur liability, as determined by IllyHosting in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, IllyHosting shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, IllyHosting may charge you for all fees due for the Services for the remaining portion of the then current term.
*UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
All use of hosting space provided by IllyHosting is subject to the terms of this Agreement and the Acceptable Use Policy.
If your shared or reseller server has a physical downtime that falls short of the 99.99% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of IllyHosting and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit https://mya.illyhosting.com/supporttickets.php to create a support ticket to our Billing department with justification within thirty (30) days of the end of the month for which you are requesting a credit. Uptime guarantees only apply to shared, wordpress, enterprise email services and reseller hosting. VPS, dedicated servers and colocation are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
IllyHosting reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. IllyHosting reserves the right to audit servers as needed and to perform administrative actions at the needed. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. IllyHosting will not be liable for any loss of data resulting from such deletion.
IllyHosting reserves the right to reset the password on a vps if the password on file is not current so that we may do security audits as required. It is your responsibility to ensure that there is a valid email address and current root password on file for your vps to prevent downtime from forced password resets. IllyHosting reserves the right to audit servers as needed and to perform administrative actions at the needed. Virtual private servers (VPS) are NOT backed up by us. It is your responsibility to maintain backups. VPS's that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. IllyHosting will not be liable for any loss of data resulting from such deletion.
We've zero tolerance spam policy, for this reason SMTP ports are blocked by default and identity verification is required to enable SMTP ports.
IllyHosting reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by IllyHosting through the user billing tool or through other methods of communication, including notices sent or posted by IllyHosting.
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
In no event will IllyHosting its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites or other materials accessed or downloaded through the services, even if IllyHosting is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, IllyHosting's liability to you, or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to IllyHosting for the services in the three (3) months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
You agree to indemnify, defend and hold harmless IllyHosting, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
By using the Services, you hereby submit to the exclusive jurisdiction of the Basic Court of Prishtina ("BCP", “Gjykata Themelore e Prishtinës”, “Arbitrator”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be held at the BCP location chosen by ILLYSOFT in Prishtina. Payment of all filing, administrative and arbitrator fees will be governed by the BCP rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, IllyHosting will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the BCP shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The BCP, and Republic of Kosovo state law, governs all arbitration under this paragraph. All decisions rendered by the BCP will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator's authority to resolve and make written awards is limited to claims between you and IllyHosting alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against IllyHosting in violation of this paragraph, you agree to pay IllyHosting's reasonable costs and attorneys' fees incurred in connection with our enforcement of this paragraph.
IllyHosting and User are independent contractors and nothing contained in this Agreement places IllyHosting and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Republic of Kosovo. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
IllyHosting shall not be responsible for any damages your business may suffer. IllyHosting makes no warranties of any kind, expressed or implied for the Services. IllyHosting disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by IllyHosting or our employees.
Your use of the Services is at your sole risk. IllyHosting's backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at IllyHosting's sole discretion. IllyHosting does not maintain backups of dedicated accounts. IllyHosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on IllyHosting's servers. Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.
The services provided under this agreement are provided on an "as is" and "as available basis." except as expressly provided in this section, IllyHosting and our affiliates, employees, agents, suppliers and licensors disclaim all warranties of any kind, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services provided hereunder. IllyHosting and our affiliates, employees, agents, suppliers and licensors make no representations or warranties (i) that the services will be uninterrupted, error free or completely secure; (ii) as to the results that may be obtained from the use of the services; or (iii) as to the accuracy, reliability or content of any information provided through the services. IllyHosting and our affiliates, employees, agents, suppliers and licensors are not liable, and expressly disclaims any liability, for the content of any data transferred either to or from users or stored by users on or through the services. The terms of this section shall survive any termination of this agreement.
IllyHosting may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of this Agreement.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or IllyHosting to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of IllyHosting. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. IllyHosting may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.Last modified: April 04, 2020