HOSTFULLY is a Web Software-as-a-Service (Service), which you the user are entitled to use on a subscription basis through an annual license arrangement with HOSTFULLY. Our software solutions and all related intellectual property, branding, messaging, and content of any other kind are all the exclusive property of HOSTFULLY INC.
Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the HOSTFULLY website incorporated by reference herein, including but not limited to HOSTFULLY’s privacy policies.
The Service is offered in several types:
Free Premium Account
Power Host Account
Prime Plus Account
The points 7, 8, 9, 10, 11, and 12 do not apply to Free Premium accounts.
2. License Grant & Restrictions
HOSTFULLY hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by HOSTFULLY. You may not access the Service if you are a direct competitor of HOSTFULLY, except with HOSTFULLY’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You may use the Service only for your business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
3. Your Responsibilities
You are responsible for all activity occurring under your User account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify HOSTFULLY immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to HOSTFULLY immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another HOSTFULLY user or provide false identity information to gain access to or use the Service.
4. Account Information and Data
HOSTFULLY does not own any data, information or material that you submit to the Service in the course of using the Service (“Customer Data”). You, not HOSTFULLY, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and HOSTFULLY shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), HOSTFULLY will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. HOSTFULLY reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and HOSTFULLY shall have no obligation to maintain or forward any Customer Data.
5. Intellectual Property Ownership
HOSTFULLY alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to HOSTFULLY technology, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the HOSTFULLY technology or the Intellectual Property Rights owned by HOSTFULLY. The HOSTFULLY name, the HOSTFULLY logo, and the product names associated with the Service are trademarks of HOSTFULLY or third parties, and no
right or license is granted to use them.
6. Third Party Interactions
During use of the Service, you may enter into business with potential renters and choose to use HOSTFULLY dedicated payment platform. Any such use, and any terms, conditions, warranties or representations associated with such use, is solely between you and the applicable third-party. HOSTFULLY shall have no liability, obligation or responsibility for any interaction between you and any such third-party.
HOSTFULLY does not endorse any sites on the Internet that are linked through the Service. HOSTFULLY provides these links to you only as a matter of convenience, and in no event shall HOSTFULLY be responsible for any content, products, or other materials on or available from such sites.
HOSTFULLY provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services, and notably Stripe and Braintree (a PayPal company).
7. Charges and Payment of Fees
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments must be made monthly or annually in advance unless otherwise mutually agreed upon. All payment obligations are non-cancelable and all amounts paid are non-refundable. You are responsible for paying for the license ordered for the entire License Term, whether or not such license is actively used. You must provide
HOSTFULLY with valid credit card or approved purchase order information as a condition to signing up for the Service.
Adding properties may result in a change of plan. Added properties or rental agencies links to the license will be subject to the following: (i) added properties or rental agencies to the license will be coterminous with the pre-existing License Term (either Initial Term or renewal term); (ii) the license fee for the change of plan resulting from added properties or rental agencies to the license will be calculated so that the remainder of the then-current license plan be accounted pro rata temporis and deducted from the new charge; and (iii) properties or rental agencies to the license added in the middle of a billing month will be charged in full for the pro-rate part of that billing month. HOSTFULLY reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.
8. Your Data
You agree that HOSTFULLY may hold on its databases the information you provide about yourself, your agency and your property during registration for our service. This includes but is not limited to your name, email address, phone number(s), and address of residence. You agree HOSTFULLY may store or transmit this data as it sees fit to provide and improve our service.
9. Billing and Renewal
HOSTFULLY charges and collects in advance for use of the Service. HOSTFULLY will automatically renew and bill your credit card or issue an invoice to you each year on the subsequent anniversary or as otherwise mutually agreed upon. The renewal charge will be equal to the then-current license fee in effect during the prior term, unless HOSTFULLY has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. HOSTFULLY’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on HOSTFULLY’s income.
You agree to provide HOSTFULLY with complete and accurate billing and contact information. This information includes your legal name or company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, HOSTFULLY reserves the right to terminate your access to the Service in addition to any other legal remedies. Unless HOSTFULLY in its discretion determines otherwise, entities will be billed in U.S. dollars and be subject to either U.S. or non-U.S. payment terms and pricing schemes at the discretion of HOSTFULLY. If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
10. Non-Payment and Suspension
In addition to any other rights granted to HOSTFULLY herein, HOSTFULLY reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for User licenses during any period of suspension. If you or HOSTFULLY initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that HOSTFULLY may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. HOSTFULLY reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that HOSTFULLY has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.
11. Termination upon Expiration
This Agreement commences on the Effective Date.
– For HOSTFULLY Free Premium Account licenses, the term is indefinite and may be terminated at any time in HOSTFULLY’s sole discretion. – For all other types, the Initial Term will be as you elect during the online subscription process or as otherwise mutually agreed upon in an Order Form, commencing on the date you agree to pay for the Service by completing the online subscription form, or on the start date of the Order Form.
Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term (or one year, if the Initial Term is greater than one year) at HOSTFULLY’s then current fees.
Either party may terminate this Agreement, effective only upon the expiration of the then current License Term, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the event this Agreement is terminated (other than by reason of your breach), HOSTFULLY will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that
HOSTFULLY has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.
12. Termination for Cause
Any breach of your payment obligations or unauthorized use of the HOSTFULLY Technology or Service will be deemed a material breach of this Agreement. HOSTFULLY, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, HOSTFULLY may terminate a free account at any time in its sole discretion. You agree and acknowledge that HOSTFULLY has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
You shall indemnify and hold HOSTFULLY, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim arising from the breach by you
or your Users of this Agreement.
HOSTFULLY shall have no indemnification obligation, and you shall indemnify HOSTFULLY pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s), especially but not limited to the use of a third-payment payment processor via HOSTFULLY dedicated platform.
14. Disclaimer of Warranties
HOSTFULLY make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. HOSTFULLY does not represent or warrant that (a) the use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and all content is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by HOSTFULLY.
15. Internet Delays
HOSTFULLY’s services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. HOSTFULLY is not responsible for any delays, delivery failures, or other damage resulting from such problems.
16. Limitation of Liability
In no event shall either party’s aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall either party be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought have been previously advised of the possibility of such damages.
HOSTFULLY may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in HOSTFULLY account information, or by written communication sent by first class mail or pre-paid post to your address on record in HOSTFULLY’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to HOSTFULLY (such notice shall be deemed given when received by HOSTFULLY) at any time by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to HOSTFULLY at the following addresses: HOSTFULLY, Inc., P.O. Box 590297, San Francisco, CA 94158-0297
18. Modification to Terms
HOSTFULLY reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
With respect to U.S. Customers and Non-U.S. Customers, this Agreement shall be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California.
No joint venture, partnership, employment, or agency relationship exists between you and HOSTFULLY as a result of this agreement or use of the Service.
The failure of HOSTFULLY to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HOSTFULLY in writing.
This Agreement, together with any applicable Order Form, comprises the entire agreement between you and HOSTFULLY and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Questions or Additional Information: If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to firstname.lastname@example.org