Terms and Conditions

Welcome to Hostinor

These terms and conditions outline the rules and regulations for the use of Hostinor’s Website.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Hostinor’s website
if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice
and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website
and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers
to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client
or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake
the process of our assistance to the Client in the most appropriate manner, whether by formal meetings
of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect
of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law
of . Any use of the above terminology or other words in the singular, plural,
capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

This Web Hosting Agreement is between HOSTINOR Pvt Ltd and the person/persons who use our web hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

Customer Agreement

HOSTINOR provides cPanel hosting, Windows hosting, email services, domain registration, reseller hosting, VPS hosting, Cloud hosting and dedicated servers. All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on HOSTINOR. You shall agree to use only licensed and legal third party softwares in connection with your use of our services. HOSTINOR reserves the right to suspend or cancel a customer’s access to any or all services provided, at any time, or when HOSTINOR decides that the account has been inappropriately used or otherwise.

Indemnification

Customer agrees that they will protect, indemnify, save and hold HOSTINOR harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against HOSTINOR, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it’s customers, agents, employees or assigns.

Customer agrees to defend, indemnify and hold HOSTINOR harmless against liabilities arising out of –

  • Any injury to person or property caused by any products sold or distributed in association with HOSTINOR’s Services;
  • The loss of any electronic files furnished by the customer (Or customer’s customer);
  • Copyright violation and any defective products sold to a customer from HOSTINOR’s Services

Conditions

HOSTINOR reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Indian law is prohibited. The list of banned content includes, but is not limited to :-

Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.

Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above.

Also includes any sites which provide “links to” or “how to” information about such material.

Games – We strictly do not allow to host any kind of games on our servers. Your hosting account would be immediately terminated if we found any gaming related stuff in your hosting account.

IRC Hosts – Hosting host an IRC server that is part of or connected to another IRC network or server or have a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination.

We do not allow any kind of mining activity (Data mining, Cryptocurrency mining) on our servers.

Prohibited Contents also includes, but is not limited to :

  • Any Automated Bots
  • Warez Sites
  • Hate Sites
  • Child Pornography

HOSTINOR reserves the right to deem any other content or literature as “prohibited” if found to be indecent, rude, hate content & generally unacceptable.

Refer General Acceptable Use Policy for complete details on prohibited content and activities.

In compliance with DMCA act, HOSTINOR has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to [email protected]

Abuse Of Resources

  • Any attempts to compromise or actual compromise of a network device belonging to HOSTINOR or any other company, individual, or other entity is strictly prohibited. This offence also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
  • Denial of Service (DOS) attacks directed at HOSTINOR, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
  • Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploit source code, hacking tutorials, hacking tools, viruses and Trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
  • The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered “Warez”. Any authentic complaint received will be investigated and may result in termination of service.
  • The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress or violating trademarks, copyrights, or other intellectual property rights.

Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.95% uptime we can not fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.

If any client is in any way disrespectful towards any member of the HOSTINOR staff we have full right to remove them from our services without any refund.

Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)

Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties.

Upon notification of an alleged violation, we will initiate a full-scale investigation during which, we may restrict customer’s access to the network to prevent further violations. If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Furthermore, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offence. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended and an administrative fee of $250.00 will be charged to your account. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in immediate termination of your account and the administrative fees will be $500. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.

We have a zero tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

We also prohibit hosting of publicly-accessible “open relay” SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.

Bandwidth

If the customers’ account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t exceed again or when the account is upgraded, whichever is earlier. The account would be reactivated in the following month.

Account Verification

If the customer fails to complete the account verification process then no refund would be provided to such customers under any circumstances.

Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

Spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. HOSTINOR would be the sole arbiter as to what constitutes a violation of this provision.

In order to ensure that our shared servers, cloud & vps nodes, as well as dedicated server hardware node, give us the optimum performance we have set limits on the number of outgoing emails which can be sent per hour. Accordingly, shared & reseller customers would be allowed to send 500 outgoing emails per hour, our VPS customers would be able to send 1000 outgoing emails every hour and the Cloud hosting customers may send 1500 outbound emails per hour. Customers having dedicated servers may send one email every second i.e. 3600 emails per hour.

Backup Policy

Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. HOSTINOR does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

You as a HOSTINOR User agree that in no case, HOSTINOR cannot be held responsible for the loss of data in any circumstances.

Clients who have subscribed for paid backup service with shared and reseller hosting plans. For such clients, we take daily backup of the database with a retention period of 7 days. Website backup will be taken weekly with a retention period of 1 day. Any backup copy maintained by HOSTINOR will not have any emails or media file included in it.

Clients using the cPanel Backup Manager tool for backups should download the backup from the server and delete it. On every Sunday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.

Unlimited Hosting

“Unlimited” usage policies and definitions apply only to shared and reseller hosting accounts. Please read the unlimited hosting policy.

The size of each mailbox should not exceed 5GB and combined mailbox size per domain should not exceed 50GB.

Uptime Guarantee

Any service interruptions or downtime due to scheduled maintenance by HOSTINOR or our network providers will not count towards the uptime guarantee. HOSTINOR is not liable in any way for failure of third party services.

HOSTINOR will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Security

You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.

Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. Users who violate systems or network security may incur criminal or civil liability. HOSTINOR will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

PHP mail() function is disabled on all our shared and reseller servers. If you wish to send email from your website or contact forms, you will have to use SMTP authentication.

Billing Policy

If paying via credit card, debit card, net banking, PayPal the account will be setup within 3-4 hours once the payment is confirmed. If paying by a cheque, please allow 5 days for the cheque to clear. If paying via postal orders or cash your account will be set up on the same day.

The 7 day money back guarantee is only applicable for first-time signups. Second time and subsequent sign-ups are not eligible for the same. For instance, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

There will be no refund for domain registration/transfer/renewal, cPanel, Plesk, Webuzo, Control Panel, Cloud, VPS, Dedicated Server, Paid Support, SSL Certificates, SpamExperts, Windows OS, SQL, and any other paid licenses.

No refund will be made if your Service(s) are suspended or terminated for cause.

There is a limitation of every hosting platform.

The refund will not cover any kind of taxes, setup fees, refund processing fee, postal charges or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in the violation of our terms of service or any kind of illegal or system resources over-usages or after 30 days period or beyond coverage of our refund policy as noted here.

If the web hosting service includes the free domain name, and you cancel the web hosting service, the domain charges (standard rate as per website) would be deducted from the refund amount. If the refund amount is less than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain will remain with HOSTINOR if you fail to pay the difference amount.

Transfer fees would be applicable if you wish to transfer the free domain name to some other provider. Without transfer fees, the domain will not be released.

Web Hosting Discounts

HOSTINOR often offers discount and special offers to customers. These are limited period offers and its valid for first term only. The discounted price will not be applicable to renewals. After completing the initial term the hosting plans will automatically renew at a regular rate.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. HOSTINOR reserves the right to modify / change the terms of service at all times. All customers would be bound by the newest terms published on the website.

General Acceptable Use Policy

This AUP governs the use of HOSTINOR.com’s hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and HOSTINOR.com regarding the interpretation of this AUP, HOSTINOR.com’s interpretation, in its reasonable commercial judgment, shall govern.

The following is the entire Acceptable User Policy (“AUP”) agreement between HOSTINOR.com and the personal or corporate account holder. HOSTINOR.com provides managed web hosting and domain name service. HOSTINOR.com has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. HOSTINOR.com’s general policy is to act as a provider of Internet presence. HOSTINOR.com reserves the rights to suspend or cancel a customer’s access to any or all services provided by HOSTINOR.com when we decide that the account has been inappropriately used.

What is the Appropriate Usage?

HOSTINOR.com web hosting solution has specifically been designed to serve the web hosting needs of small and independently owned and operated businesses and organizations throughout the world. Since you will be hosting your website with several other clients on our servers in a virtual community, our offerings are really not intended to support enterprise level or large company requirements. For that, we recommend purchasing at least a virtual private server, cloud or dedicated server solution.

HOSTINOR.com hosting is a shared web hosting service, which ultimately means a number of customers’ websites are hosted within the same server environment. To ensure that our hosting is first-class, reliable, and available to all customers within that server community, an individual customer’s website usage cannot adversely affect the performance of other customers’ sites. We monitor our servers 24/7/365 and in no way can one customer adversely affect the performance of that server. If this happens, we will take preventative measures to ensure that the entire community is protected.

Lastly, our web hosting service is intended to host websites, not backup or storage facility for users’ data. Using your web hosting account primarily as an online storage space for archiving electronic files and images is strictly prohibited. Our servers are for web hosting usage only.

Offensive Content

You may not publish or transmit via HOSTINOR.com’s service any content that HOSTINOR.com reasonably believes:

  • constitutes child pornography;
  • constitutes pornography;
  • is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • is defamatory or violates a person’s privacy;
  • creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
  • improperly exposes trade secrets or other confidential or proprietary information of another person;
  • is intended to assist others in defeating technical copyright protections;
  • clearly infringes on another person’s trade or service mark, patent, or another property right;
  • promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to HOSTINOR.com;
  • is otherwise malicious, fraudulent, or may result in retaliation against HOSTINOR.com by offended viewers;

Proxy, Warez, Escrow, High Yield Investment Programs(HYIP), Gaming servers/applications, illegal Gambling and Lottery sites.

HOSTINOR.com does not accept material such as:

HOSTINOR.com can terminate service for any of the above reasons and it’s at HOSTINOR.com’s sole discretion to issue a refund.

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Commercial Email

Bulk commercial email, mailing lists and email reflectors are allowed on HOSTINOR.com’s servers, we do however allow a maximum of 500 emails per hour per account. For any emails sent from your HOSTINOR.com account you must adhere to the following rules:

  • Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
  • Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
  • You may not obscure the source of your e-mail in any manner.
  • You otherwise comply with the CAN-SPAM Act and other applicable law.

These policies apply to messages sent using your HOSTINOR.com service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your HOSTINOR.com service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your HOSTINOR.com’s services.

Material Protected By Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

  • You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
  • You are otherwise permitted by established United States copyright law to copy the work in that manner.

HOSTINOR.com will terminate the service of repeat copyright infringers.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the HOSTINOR.com network.

Disclaimer

HOSTINOR.com is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the HOSTINOR.com network.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to HOSTINOR.com and its customers) without express authorization of the owner of the system or network;
  • monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
  • Any conduct that is likely to result in retaliation against the HOSTINOR.com network.
  • Use of HOSTINOR.com’s network in a way that unreasonably interferes with HOSTINOR.com’s other customers use of the network

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages or mass postings to multiple forums.

Cookies

We employ the use of cookies. By using Hostinor’s website you consent to the use of cookies
in accordance with Hostinor’s privacy policy.

Most of the modern day interactive websites
use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site
to enable the functionality of this area and ease of use for those people visiting. Some of our
affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Hostinor and/or it’s licensors own the intellectual property rights for
all material on Hostinor. All intellectual property rights are reserved. You may view and/or print
pages from https://hostinor.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  1. Republish material from https://hostinor.com
  2. Sell, rent or sub-license material from https://hostinor.com
  3. Reproduce, duplicate or copy material from https://hostinor.com

Redistribute content from Hostinor (unless the content is specifically made for redistribution).

Hyperlinking to our Content

  1. The following organizations may link to our Website without prior written approval:
    1. Government agencies;
    2. Search engines;
    3. News organizations;
    4. Online directory distributors when they list us in the directory may link to our Web site in the same
      manner as they hyperlink to the Web sites of other listed businesses; and
    5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls,
      and charity fundraising groups which may not hyperlink to our Web site.
  1. These organizations may link to our home page, to publications or to other Web site information so long
    as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or
    approval of the linking party and its products or services; and (c) fits within the context of the linking
    party’s site.
  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American
      Automobile Association, AARP and Consumers Union;
    2. dot.com community sites;
    3. associations or other groups representing charities, including charity giving sites,
    4. online directory distributors;
    5. internet portals;
    6. accounting, law and consulting firms whose primary clients are businesses; and
    7. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect
unfavourably on us or our accredited businesses (for example, trade associations or other organizations
representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed
to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from
the visibility associated with the hyperlink outweighs the absence of the link is in the context of general resource information or is otherwise consistent with the editorial content
in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as
the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval
of the linking party and it products or services; and (c) fits within the context of the linking party’s
site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website,
you must notify us by sending an e-mail to [email protected].
Please include your name, your organization name, contact information (such as a phone number and/or e-mail
address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site,
and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our Website or material being linked to that makes sense within the
    context and format of content on the linking party’s site.

No use of Hostinor’s logo or other artwork will be allowed for linking absent a trademark license
agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or
use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular
link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also
reserve the right to amend these terms and conditions and its linking policy at any time. By continuing
to link to our Website, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Website or any linked web site objectionable for any reason, you may contact
us about this. We will consider requests to remove links but will have no obligation to do so or to respond
directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness
or accuracy; nor do we commit to ensuring that the website remains available or that the material on the
website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify
and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any
page on your Web site or within any context containing content or materials that may be interpreted as
libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or
other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)
are subject to the preceding paragraph, and (b) govern all liabilities arising under the disclaimer or
in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge,
we will not be liable for any loss or damage of any nature.