Terms of Use

CLOUD CONVERTER IS PROVIDED FREE OF CHARGE WITHOUT ANY WARRANTY OR GUARANTEE.
IN SIMPLE TERMS: USE THE SERVICE AT YOUR OWN RISK.

EXCEPT AS SPECIFIED IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OR CONDTIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ARISING FROM A
COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE
EXTENT ALLOWED BY APPLICABLE LAW.  This disclaimer and exclusion shall
apply even if the express warranty set forth above fails of its essential
purpose.

PRODUCTS AND SERVICES PURCHASED THROUGH US ARE SOLD AS-IS.  TO THE EXTENT
THAT THESE PRODUCTS AND SERVICES HAVE WARRANTIES, YOU AGREE TO LOOK TO THE
MANUFACTURER OR SUPPLIER FOR ALL CLAIMS.  WARRANTIES MADE BY THESE
MANUFACTURERS AND SUPPLIERS MAY NOT BE PASSED THROUGH TO YOU, AND WE
EXPRESSLY DISCLAIM ANY OBLIGATION TO AFFECT SUCH A PASS THROUGH SHOULD ONE
BE POSSIBLE.

IN NO EVENT WILL HOST VIRTUALS LIABILITY HEREUNDER EXCEED THE AGGREGAGE
FEES ACTUALLY RECEIVED BY HOST VIRTUAL FROM CUSTOMER FOR THE 12 MONTH
PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR
THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM HOST VIRTUAL SHALL BE
INTERPRETED TO INCLUDE HOST VIRTUALS EMPLOYEES, AGENTS, OWNERS,
DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO
CUSTOMER THROUGH HOST VIRTUAL.

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU
WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
HOLD HOST VIRTUAL OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR
THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE,
OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER
THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN
ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF HOST
VIRTUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS
HOST VIRTUALS LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Host Virtual and its
parent, subsidiary and affiliated companies, and each of their respective
officers, directors, employees, shareholders and agents (each an
"indemnified party" and, collectively, "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 our products (ii) any
violation by you of the AUP; (iii) any breach of any of your
representations, warranties or covenants contained in this Agreement; or
(iv) any acts or omissions by you.  The terms of this section shall survive
any termination of this Agreement.  For the purpose of this paragraph only,
the terms used to designate you include you, your customers, visitors to
your website, and users of your products or services, the use of which is
facilitated by us. 

If you fail to comply with any terms of this Agreement, you shall be fully
responsible for the cost of labour and any and all other costs, losses or
legal expenses incurred by us in order to rectify the damage caused by you,
or due to that damage.

OPERATION OF FACILITIES

In order to implement the services, you may be required to provide us with
technical information.  If we do not receive this information in a
commercially reasonable amount of time, and the Agreement is terminated by
us, you will continue to be responsible for all non-recurring charges, and
any recurring charges accrued and/or invoiced up to and until termination.
We may provide you with an IP address, or addresses. We retain ownership of
these IP addresses and may change them at any time. Upon termination of
this Agreement, you will not have the ability to transfer these addresses.

NOTICES

All notices must be sent in one of the following manners (i) by a
recognized express carrier using delivery confirmation; (ii) by registered
mail, return receipt requested; or (iii) by facsimile in which both the
broadcasting machine and receiving machine date stamp each page of a
transmitted document.  Notices shall be deemed effective 2 business days
following the date upon which receipt is indicated.  However, if in the
case of items (i) or (ii) above, should the notices be refused or the date
of receipt be otherwise unavailable, notice will be deemed received 10
business days from actual deposit with the carrier. We reserve the right to
contact you by e-mail regarding issues related to your account and this
contract, other than material breaches and our termination of this
Agreement.  Our e-mail notices are effective 10 minutes after they are sent
by our servers.  Your e-mail communications to us shall not constitute
notice.  All notices will be sent to you at the address set out on your
initial order form.  It is your obligation to ensure that we have correct
information to which to send notices.  All notices to us shall be sent as
follows.

All notices:

    Host Virtual, Inc
    8605 Santa Monica Blvd #25273
    Los Angeles, California 90069 USA

OPERATION OF OUR FACILITIES

We retain the right to maintain and operate our facilities in such a
manner as will best enable us to conduct our normal business operations.
You may not terminate this Agreement based on changes in this operation
unless such a change materially alters the type of product or service
provided by us. In particular, you are not guaranteed a particular IP or IP
block, shared server allocation, server rack, colocation space, or other
physical location. At times, IP renumbering of server/equipment moves may
be necessary; you agree to cooperate with us in the case of such a
renumbering or move.

GENERAL

Choice of law, jurisdiction and forum

This Agreement shall be governed by the laws of the Commonwealth of
California without regard to its choice of law rules. The parties
specifically disclaim the application of the United Nations Convention for
the International Sale of Goods. Federal courts located in California shall
have sole and exclusive jurisdiction over this Agreement. The parties
expressly agree that jurisdiction is proper in the court set out in this
paragraph.

Force Majure

Other than obligations regarding payments or confidentiality, neither
party shall be in default or otherwise liable for any delay in or failure
to perform under this Agreement if such a delay or failure is caused by an
event beyond its reasonable control.  Events beyond a partys reasonable
control include, but are not limited to, any act of God, any act of a
common enemy, the elements, earthquakes, floods, fires, epidemics,
inability to secure products or services from other persons, entities or
transportation facilities, failures or delay in transportation or
communications, or any act or failure to act by the other party or such
other partys employees, agents or contractors.  Such a delay or failure
shall not constitute a breach of this Agreement.  Lack of funds shall not
constitute a reason beyond a partys reasonable control.

Transfer and Assignment

You may not sell, assign or transfer any of your rights or obligations
under this Agreement without our prior written consent.  We reserve the
right to transfer services we provide to you, or assign this Agreement, at
any time, without your consent or knowledge.

Waiver

Any failure or delay on our part in exercising any of the rights or powers
given to us in this Agreement shall not operate as a waiver of such a right
or power, or affect our right to exercise the same or any other right or
power at a later date.

Severability

Should any paragraph or aspect of this Agreement be determined to be
contrary to law, the remainder of the Agreement shall be interpreted in
such a manner as if the omitted portions had not been included.