Terms of Service

This Terms of Service ("Agreement") is a legally binding contract between Castwide Technologies LLC ("Castwide") and you ("Customer," "you," or "your") that will govern the purchase and use of services provided by Castwide to Customer (collectively, the "Services").

By purchasing or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in the Agreement, and that you are at least eighteen (18) years aold and have the legal ability to engage in a contract in the State of Ohio.

If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a customer of Castwide and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact Castwide to cancel your Services.

1. Ownership and Services Purchased

• 1.1. The individual or entity identified in our records as the primary billing contact will be the owner of the account.
• 1.2. The features and details of Services governed by this Agreement are based on the description on each service's corresponding web page ("Service Description Page") as of the Effective Date as defined below. Castwide may modify the products and services it offers from time to time. Should the Service's description change subsequent to the Effective Date, Castwide has no obligation to modify the Service to reflect such a change.
• 1.3. Certains aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services they provide. You may terminate this Agreement if such a change materially affects the Services.

2. Term of Agreement

• 2.1. This Agreement becomes effective immediately when Customer clicks "I Agree." This Agreement remains effective and binding until terminated by either party as outlined below.
• 2.2. The term of this Agreement is set to the Customer's billing term ("Term"). If no Term is set, the Term will be one (1) year. Upon expiration of the initial Term, this Agreement will renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as described in thie Agreement.

3. Obeying the Law

• 3.1. Castwide is registered and located within the United States of America, and required to comply with the laws and official policies of the United States of America, regardless of where the Services are provided. Castwide will also comply with appropriate laws and official policies set forth by the State of Ohio.

4. Payments and Billing

• 4.1. Castwide will automatically bill your payment method on file up to fifteen (15) days prior to the due date on all terms of one (1) or more years. For terms less than one (1) year in length, Castwide will bill your payment method on file up to five (5) days prior to the due date. All fees are billed in United States Dollars ("USD") and are subject to change with thirty (30) days prior notice to you.
• 4.2. Your "Billing Term" is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, or annually.
• 4.3. Castwide is only able to collect automatic payment from customers with credit cards stored on file (as opposed to credit cards used for one time transactions) or active PayPal subscriptions. All other payment methods (one time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated by the Customer. It is the Customer's obligation to ensure that reoccurring fees are paid by their due date.
• 4.4. As a customer of Castwide, it is your responsibility to ensure that all billing information on file with Castwide is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing fees. You are solely responsible for any and all fees charged to your payment method by the issuer, bank or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. Castwide screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. Castwide has no liability for the failure to provide Services, including third party services, if your account fails its fraud screen.

5. Late Payments

• 5.1. Any account not paid in th full by the end of the first day of the Billing Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, Castwide reserves the right to suspend your Service(s) and to charge a $10 late penalty. Fourteen (14) days following suspension of your Service(s) for non-payment, Castwide reserves the right to terminate your Service(s).
• 5.2. Castwide is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. Castwide reserves the right to refuse to reactivate your Services until any and all outstanding invoices have been paid in full.

6. Refund Policy and Billing Disputes

• 6.1. Castwide offers a thirty (30) day money back guarantee on shared web hosting. After the thirty (30) day money back guarantee, some plans might be eligible for an account credit on a prorated basis. Such credits will have any previous extended term discounts withheld from the total credit amount and will be calculated based on the number of months remaining in your billing cycle.
• 6.2. No refunds are offered on setup fees, domain registrations, domain transfers, domain renewals, SSL certificates, advanced support fees, processing fees, or software licenses. Castwide reserves the right to deduct fees for value added services that may have been included in the Services at no additional fee, such as an SSL certificate or free domain name registration, from any refunds or account credits.
• 6.3. Only first-time accounts are eligible for a refund under the thirty (30) day money back guarantee. Refunds are not offered for accounts that are suspended or terminated for violating this Agreement.
• 6.4. Refunds will be issued to the payment method that was used to send the original payment and may take up to one (1) week to process. Eligible payments older than sixty (60) days may require a refund via PayPal due to Castwide's merchant account policies and procedures.
• 6.5. The following methods of payment are not refundable any circumstances (including during the money back guarantee period, if one applies), and refunds will be posted solely as credit to the hosting account for current or future Services: bank wire transfers, Western Union payments, checks and money orders.
• 6.6. Castwide will not activate new orders or provide additional Services for customers who have an outstanding balance with Castwide. For a new order to be activated, you must have a balance of $0.00, unless otherwise stated by Castwide in writing.
• 6.7. Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation. Castwide is not responsible for any change in exchange rates between time of payment and time of refund.
• 6.8. If you believe there is an error in Castwide's billing, you must contact Castwide about it, in writing, within thirty (30) days of the date you are billed or charged. Castwide's obligation to consider your claim is contingent on your providing sufficient facts for Castwide to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify Castwide in writing or meet the deadline set herein. If Castwide finds that your claim is valid, Castwide agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.
• 6.9. Castwide reserves the right to refuse a refund at any time for any or no reason.

7. Chargebacks, Reversals, and Retrievals

• 7.1. If Castwide receives a chargeback or payment dispute from a credit card company, bank, or PayPal, your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees charged to Castwide), plus any outstanding balances accrued as a result of the chargeback, must be paid in full before service is restored. Instead of issuing a chargeback, please contact Castwide's billing team to address any billing issues.
• 7.2. If Castwide appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to Castwide by the credit card company or bank. Any double payment resulting from this process will be applied to the Customer's account in the form of a service credit.

8. Cancellation of Services

• 8.1. Either party may terminate this Agreement by providing notice to the other as provided herein.
• 8.2. You may cancel service by contacting Castwide. You may be required to confirm ownership of the account by providing billing details or other identifying information. Cancellations are not final until confirmed by a representative of Castwide in writing by email.
• 8.3. Castwide may terminate this Agreement at any time by providing notice to Customers via email. Should Castwide terminate this Agreement for any reason other than a material breach or violation of Castwide's Acceptable Use Policy, any prepaid fees will be refunded.
• 8.4. One party may also terminate this Agreement upon the occurrence of a material breach which has not been cured by the other party within ten (10) days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.

9. Refusal of Service

• 9.1. Castwide reserves the right to refuse service to anyone at any time. Any material that, in Castwide's judgment, is obscene, threatening, illegal, or violates Castwide's terms of service in any manney may be remove from Castwide's servers, or otherwise disabled, with or without notice.
• 9.2. Similarly, Castwide reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. Castwide is not responsible for any damages or loss of data resulting from such suspension or termination.
• 9.3. If the Customer's communication with Castwide's staff could be construed as belligerent, vulgar, attacking, threatening, or abusive, the customer will be issued a warning. If the communication continues, the Customer's account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, or initiate a chargeback.
• 9.4. Castwide accepts orders from outside the United States, but may limit accounts from certain countries with high fraud rates. To help protect Castwide and its customers from fraud, Castwide may ask you to provide a copy of a government issued identification and/or a scan of the credit card used for purchase. If you fail to meet these requirements, the order may be denied.
• 9.5. Due to United States law, Castwide cannot accept any orders originating from countries that the United States has established an embargo against or otherwise prohibited trade with. By becoming a customer, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designate by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Resource Usage

• 10.1. Each customer is required to utilize as little server resources as possible, to allow for reasonable performance by all Castwide customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. Castwide reserves the right to suspend or terminate Services on any account that, at its sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason.
• 10.2. Enforced resource limits for shared hosting packages:
  • 10% CPU Usage
  • 5% Memory Usage or 512 MB Memory
  • 50 Running Processes
  • 15 Minute Max Execution Time
  • 150,000 Total Inodes
  • 500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered)

11. Bandwidth Usage

• 11.1. You are allocated a monthly bandwidth allowance depending on the hosting package you purchase.
• 11.2. Should your account pass the allocated amount, Castwide reserves the right to: a) suspend the account until the start of the next allocation, b) suspend the account until more bandwidth is purchased at an additional fee, c) suspend the account until you upgrade to a higher level of package, and/or d) charge you an additional fee for the overage.
• 11.3. Unused transfer in one month cannot be carried over to the next month and bandwidth is not pooled among multiple servers or accounts unless otherwise specified by a representative of Castwide in writing.
• 11.4. Like other resources, customers are expected to demonstrate responsible usage of bandwidth resources, so as to allow for reasonable performance by all Castwide customers. Castwide regularly monitors bandwidth usage and reserves the right to suspend, terminate, and/or limit (such as through port speed limiting) Services on any account, that at its sole discretion, is using an abnormally large amount of bandwidth. Such suspension, termination, or limitations can occur at any time without prior warning, and for any or no reason.

12. Licenses

• 12.1. Castwide grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by Castwide solely to access and use the Services. This license terminates on the expiration or termination of this Agreement. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title, and interest in Castwide's technology will remain with Castwide or its licensors. You are not permitted to circumvent any devices designed to protect Castwide or it licensorship's ownership interests in the technology provided to you. You may not reverse engineer this technology.
• 12.2. You grant Castwide, or any third parties used by Castwide to provide Services, a non-exclusive, non-transferable, worldwide, royalty free, license to use, disseminate, transmit and cache content, technology, and information provided by you and, if applicable, your End Users, in conjunction with the Services. This license terminates on the expiration or termination of this Agreement. All right, title, and interest in your technology will remain with you or your licensors.

13. Service Modifications

• 13.1. Castwide reserves the right to add, modify, or remove any or all features from any service Castwide provides, at any time, with or without notice. This includes, but is not limited to, storage space limits, bandwidth limits, domain limits, pricing, and third party applications. These changes can be made for any or no reason. Castwide does not guarantee the availability of any feature, whether written or implied. If the removal of a feature materially impacts your ability to use the Service, you may terminate this Agreement. For the purposes of this paragraph only, the term "materially" means that a reasonable business person would not have purchased the Services for the purposes used by you.

14. Uptime Guarantee

• 14.1. Castwide guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month. If Castwide fails to meet its Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.
• 14.2. Credits are only available for future services/invoices and cannot be issued as refunds. All credit requests must be submitted to Castwide in writing no later than the tenth (10th) day of the month following the SLA (as that term is defined below) violation. Credits are issued based on the uptime for the previous calendar month only and requests not submitted within the required time frame cannot be approved.
• 14.3. The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: scheduled maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer maxing its resource container, issues resulting from errors or omissions by the customer, issues relating to the customer's ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. All credits are at the discretion of Castwide, based on its investigation of any issue that is covered by this section.
• 14.4. If Castwide provides a credit, or Service Level Agreement, for a particular Service, this shall be your sole and exclusive remedy for defects in, or issues with, the Service.

15. Support Policy

• Castwide will provide technical support to you twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year. The only official method for technical support is Castwide's online support tickets. Telephone and live chat support are not official methods of support and are governed by the terms and conditions set forth in the following clause.
• 15.2. Limited support will be provided, at Castwide's discretion and subject to availability of staff, via telephone and/or live chat. Castwide will always do its best to provide fast, friendly, and helpful support over the telephone and live chat, but these options are not official methods of support and no guarantee is made as to the availability, accessibility, or technical expertise provided via these mediums.
• 15.3. Inquires via telephone or live chat support should be limited to general questions which do not require access to any account or server to investigate or resolve and should not be used to request the status of or provide updates to a help desk ticket. Any issue requiring investigation, research, or access to an account/server should be submitted in a support ticket. Castwide reserves the right to direct any issue to online support at its discretion and to refuse to provide support for such issues via telephone or live chat.

16. Advanced Support Policy

• 16.1. Support to Customer is limited to Castwide's area of expertise and is available only for issues related to the physical functioning of the Services. Castwide does not provide support for any third party software including, but not limited to, software offered by but not developed by Castwide. Castwide reserves the right to refuse assistance with and/or assess an "Advanced Support Fee" of $70.00 USD per hour (1 hour minimum) for any issue that, at Castwide's sole discretion, is: (a) outside the scope of standard support; or (b) caused by customer error or omission. Castwide will always ask for your permission before providing advanced support that may be subject to a fee. By providing your permission, you agree to pay Advanced Support Fees as billed.

17. Backup Services

• 17.1. Your use of Castwide's Services is at your sole risk. Backup services are provided to you as a courtesy. Castwide is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Castwide's servers. Any and all backup services provided by Castwide, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity.
• 17.2. If you ask Castwide to restore a backup of your data that is located on a backup server maintained by Castwide, you agree to pay a non-refundable "restoration fee" of $35.00 per backup restored to complete the request. By requesting that Castwide restore a backup for you, you also confirm a backup restoration will overwrite any and all current data on your account. Castwide cannot be held liable if a backup restoration does not complete successfully. Castwide will never charge a backup fee to restore a backup to address an error or omission caused by Castwide.

18. Domain Name Registrations, Transfers, and Renewals

• 18.1. Castwide will make every effort to ensure domain names are registered, transferred, and/or renewed on time. If a domain name registration, renewal, or transfer is not processed when due, it is your responsibility to contact Castwide within fifteen (15) days of the incident for Castwide to investigate. Redemption fees may be charged to Customer for domains that remain expired for more than thirty (30) days, when no contact is made to Castwide in the required timeframe. Castwide's liability is limited to the amount paid for the domain name.
• 18.2 For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into Castwide. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to Castwide for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by Castwide to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).
• 18.3 For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).

19. Expired Domain Deletion Policy

• 19.1. Immediately after the expiration of the term of a domain name's registration services and before deletion of the domain name in the applicable registry's database, you acknowledge that Castwide may direct the domain name to name servers and IP address(es) designated by Castwide, including, without limitation, to no IP address or to IP address(es) which host a parking page and/or a commercial search engine that may display advertisements. You acknowledge that Castwide may either leave your WHOIS information intact or that Castwide may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
• 19.2. For a period of approximately thirty (30) days after expiration of the term of domain name registration services, you acknowledge that Castwide may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that Castwide may, but is not obligated to, offer this process, called the "reactivation period." You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that Castwide, for any reason and in its sole discretion, may choose not to offer a reactivation period and that Castwide shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which Castwide may determine at its discretion. You acknowledge and agree that Castwide may make expired domain name services(s) available to third parties, that Castwide may auction off the rights to expired domain name services (the auction beginning near the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time.

20. IP Address Allocation

• 20.1. Any dedicated IP order, in addition to ones provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (“ARIN”). Castwide reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

21. Acceptable Usage Policy

• 21.1. You shall use Castwide's services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of the State of Ohio or the United States is prohibited. This includes, but is not limited to: copyrighted material in which you are not the copyright holder, material that is threatening or obscene, or material protected by trade secrets or other statutes. You agree to indemnify and hold harmless Castwide from any claims resulting from the use of the service which damages you or any other party.
• 21.2. Castwide reserves the right to terminate Services for any customer or End User activity that exposes it to legal liability or endangers its ability to provide services to other customers. The contents, links, or actions on any Services listed below are a violation of this Agreement. This is not an exhaustive list, but is designed to assist you in evaluating whether Castwide is the appropriate service provider for you:
  • Child Pornography - Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age
  • Copyright Infringement - Hosting, Distributing, or Linking to Copyright Infringed Materials
  • CPU/Memory/Resource Abuse - Consuming Excessive Amount of Server Resources Causing Server Performance Issues
  • DoS Source - Source of Denial of Service Attack
  • DoS Target - Target of Denial of Service Attack
  • File Scripts - File Dump/Mirror Scripts (similar to rapidshare)
  • Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header
  • Fraud Site - Hosting or Linking to a Website Intended to Deceive the Public including, but not limited to sites listed at aa419.org & escrow-fraud.com
  • HYIP - Hosting or Linking to a High Yield Investment Program Website
  • Identity Theft - Hosting, Distributing, or Linking to Stolen Account Identification Information
  • Infection - Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
  • Investment Sites - FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or Related Sites
  • IRC - Internet Relay Chat Server, including IRC Scripts/Bots
  • Mass Storage - Storing Mass Amounts of Backups, Archives, Videos, etc.
  • PayDay Loan Sites - including any site related to PayDay loans, PayDay loan affiliate programs, etc.
  • Pharmacy Sites - Sites that engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
  • Phishing - Identity Theft by Email Under False Pretense
  • Proxy Site - Hosting of or linking to an Anonymous Proxy Server
  • Bulk Email - No more than 500 emails of similar content (Opt In)
  • Spam Email - Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
  • Spam List - Hosting, Distributing, or Linking to Email Address Lists for Spam
  • Spam Site - A Site Advertised by Spam Email or Spam Web
  • Spam Ware - Hosting, Distributing, or Linking to Software Designed for Spamming
  • Spam Web - Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, Guestbooks, or Social Media
  • Spamhaus - Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
  • Terrorist Site - Hosting or Linking to a Site Advocating Terrorism
  • Toolz - Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
  • Trademark - Hosting, Distributing, or Linking to Trademark Infringed Materials
  • Warez - Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software
  • Any other material Castwide judges to be threatening or obscene.
• 21.3. Castwide's designated agent for receipt of copyright complaints is: Fred Snyder. You may contact Castwide's agent via email by emailing abuse at Castwide dot com (please make replacements as necessary). Copyright complaints are handled pursuant to the Digital Millennium Copyright Act ("DMCA"). Complaints that do not comply with the DMCA will not be processed. You are required to comply with the DMCA in using Castwide's Services, and presenting copyright complaints.

22. Restrictions on Storage Space Usage

• 22.1. All accounts are subject to the following restrictions on storage space usage: a) accounts must have valid, working websites, and not violate any previously subscribed terms; b) accounts are not for use of mass storage of backups, files, audio, video, zip files or others, as determined by Castwide, at its sole discretion; and c) accounts are not for use of mass distribution of files, such as torrents or mirrors. Any account found violating these terms may be suspended or terminated without warning.

23. Multi-location Hosting

• 23.1. Castwide does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. Castwide also reserves the right to deny the transfer of any account to a new location for any or no reason.

24. Warranties

• 24.1. Your Warranties to Castwide
  • 24.1.1. You represent and warrant to Castwide that: (i) you have the experience and knowledge necessary to use the Services; (ii) you will provide Castwide with material that may be implemented by it to provide the Services without extra effort on Castwide's part; and (iii) you have sufficient knowledge about administering, designing, and operating the functions facilitated by the Service to take advantage of it.
  • 24.1.2. You expressly warrant that you own the entire right, title and interest to, or have an appropriate license to use, all material provided to Castwide, or which may be accessed or transmitted using the Services. You also warrant that to the extent you do business with other parties using the Services, that they have the same ownership interests in the materials provided to you, or accessed via you, that are set out in this paragraph.
• 24.2. Castwide's Warranties
  • 24.2.1. YOU EXPRESSLY AGREE THAT USE OF CASTWIDE'S SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE. OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, CASTWIDE HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OR NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OR MERCHANTABILITY, AND/OR TITLE. NEITHER CASTWIDE, ITS PARENT, ITS EMPLOYEES, AGENTS, RESELLERS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, WARRANT THAT Castwide'S SERVICES WILL NOT BE INTERRUPTED OR BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, OR RELIABILITY, OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH CASTWIDE'S NETWORK, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. CASTWIDE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY CASTWIDE. NO WARRANTIES MADE BY THESE THIRD PARTIES TO CASTWIDE SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.
  • 24.2.2. THE WARRANTY DISCLAIMERS CONTAINED IN THIS AGREEMENT EXTEND TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM CASTWIDE, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.
  • 24.2.3. SOME STATES DO NOT ALLOW CASTWIDE TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE EFFECTIVE DATE.
• 24.3. The parties expressly disclaim the applicability of the United Nations Convention on the International Sale of Goods.

25. Limitation of Liability

• 25.1. YOU ALSO ACKNOWLEDGE AND ACCEPT THAT ANY DAMAGES WILL BE LIMITED TO NO MORE THAN THE FEES PAID BY YOU FOR ONE (1) MONTH OF SERVICE.
• 25.2. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CASTWIDE, ITS OFFICERS, AGENTS OR THIRD PARTIES PROVIDING SERVICES THROUGH CASTWIDE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL 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 THIRD PARTY; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CASTWIDE RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THIS PARAGRAPH APPLIES EVEN IF CASTWIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENTS ON ALL SERVERS AND ALL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS, CASTWIDE'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

26. Indemnification

• 26.1. You agree to indemnify, defend and hold harmless Castwide, and its parent, subsidiary and affiliated companies, third party service providers 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 attorneys' 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 violation by you of any of Castwide's policies; (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 Castwide.

27. Governing Law and Disputes

• 27.1. This agreement shall be governed by the laws of the State of Ohio, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this Agreement shall be the state and federal courts in Franklin County, Ohio, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.

28. Partial Invalidity

• 28.1. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. Castwide and Customer agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.

29. Changes to the Terms of Service

• 29.1. Castwide reserves the right to modify this Agreement, in whole or in part, from time-to-time. Castwide will provide you with notices of such a change by posting notice on your control panel. Unless Castwide is required to make a change in an emergency, any change will be effective thirty (30) days after it is posted. If such a change materially diminishes your ability to use the Services, you may terminate this Agreement. You are encouraged to review the content of this Agreement on a regular basis.

30. Assignment

• 30.1. This Agreement may be assigned by Castwide. It may not be assigned by you. This Agreement shall bind and inure to the benefit of Castwide's successors and permitted assigns of the parties.

31. Force Majeure

• 31.1. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failure of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event less than ten (10) days from the beginning of the event.

32. No Waiver

• 32.1. No waiver of rights under this Agreement or any Castwide policy, or agreement between Customer and Castwide shall constitute a subsequent waiver of this or any other right under this Agreement.

33. No Agency

• 33.1. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

34. Survival

• 34.1. The following paragraphs shall survive the termination of this Agreement: 19, 25 through 28, and 34.

These Terms of Service were updated on October 9, 2016.