These terms and conditions shall manage your usage of our website and services. Upon submission of your order or registration in our clients portal, you agreed to accept all terms and conditions.
These terms and conditions shall manage your usage of our website and services. Upon submission of your order or registration in our clients portal, you agreed to accept all terms and conditions.
Please read these terms carefully before submitting your order/s. These terms state about us, our services, our obligations and limitations as the provider, your obligations and limitations as a customer, and other important information.
Netorica Website Hosting Services may change, modify, or update these terms, conditions, policies, or agreements written herein at any time, and these changes shall be effective immediately upon posting on this website. As long as we have any of your data, you constitute your acceptance of the modified terms and conditions. You have the obligation to ensure that the email you have provided is active and up to date. We accept no liability or responsibility for your failure to receive any email communications from us if such failure results from the inaccuracy of the email address provided.
‘We’, ‘us’, or ‘our’ shall refer to Netorica Website Hosting Services, and ‘you’, ‘your’, ‘user’, or ‘customer’ shall refer to an individual, group, or company who accept these terms and conditions.
This agreement will take place once you had submitted your order and until your data was completely deleted from our servers.
We do not guarantee acceptance of your order upon placing an order on our website. The acceptance of your order will only take place when you have received a confirmation that your order has been fulfilled. Before providing any services, payment must be received first.
In case of any circumstances that we are not able to fulfill your order, you will be informed and any amount of money you had paid for the unfulfilled order will be refunded.
If you are a first time customer, you will be asked to create an account in order to access our services. You are solely responsible for activities on your account, whether authorized by you or not. You must keep your login credentials secure. You warrant to Netorica that all information submitted is true, accurate, and complete.
We make no representations as to the availability of a particular domain name requested for registration by you (Domain). A Domain will always be registered in or transferred into your name, not Netorica Website Hosting Services. You should manage your Domain’s WHOIS data through the Netorica client area (https://client.netorica.net). It is your responsibility to ensure that all data is accurate. Your Domain may be taken offline if you fail to keep your contact data up to date and it cannot be verified. To provide the best service we may from time to time change the registrar that a Domain is held with, at our discretion and without notice. Such a change does not impact your domain name usage.
ICANN’s Transfer Policy.
For all applicable gTLDs, you agree that our Upstream Provider will act as a Designated Agent, in accordance with ICANN’s Transfer Policy, for you whenever a request is made to update the registrant contact details associated with a Domain. In that respect, you authorize the said Upstream Provider to approve a change of registrant of any change to the registrant’s details on behalf of you.
Checking the registration/renewal.
Our service is limited to the forwarding of your order to the registry. It is your sole responsibility to ensure that the domain has been registered, renewed, and/or transferred as appropriate. We accept no liability for any failure to register or transfer the Domain.
Third-Party terms and conditions.
Domain registration is subject to third party terms and conditions including those from the relevant registry for the Domain extension. By submitting your order to us you are confirming that you will at all times and in all respects comply with ICANN’s and any relevant registry’s terms and conditions for domain registration and usage. You will indemnify us in respect of any failure by you to comply with the terms of this Agreement or any failure to comply with ICANN or the registry’s terms and conditions. (See ICANN policies here.)
We will automatically renew a Domain on your behalf when it is due for renewal, unless where you have given notice or where you have set the Domain to either cancel or manual renewal in your control panel. We will not renew a Domain where no up to date payment method has been provided or where you fail to make payment as required.
Details of renewal.
Renewals will be renewed for the same duration as the initial registration period unless you instruct in writing of any required amendment or modify the renewal settings in your client area. The renewal will be charged at the prevailing rate at the time of renewal. We shall take payment for Domain renewals up to 15 days prior to the Domain renewal date in order to ensure that the Domain is renewed on time.
You acknowledge that one year will be added and charged to all domain extensions when transferred. Domains have maximum registration periods and you acknowledge this may prevent a transfer if the renewal would push the registration over the registry term limit. We will not initiate the transfer of a Domain until the order has been placed and fully paid.
In the event that a domain name is not renewed by its expiry date, it shall cease to operate and shall be deemed to be expired. A registered Domain shall expire if we are unable to take payment via the method provided, or where you have set the Domain to expire or fail to manually renew the Domain before the renewal date.
You acknowledge that Domains may be unrecoverable by us following the expiry date, in which case our agreement will terminate immediately and without liability to us. Further, we are under no duty to attempt to recover such Domain.
Actions on expired Domains.
You acknowledge that at the expiration of the Domain, the following actions may carry out: 1) auction the Domain; 2) change the contact details; and/or 3) transfer the Domain.
Request for renewal on expired Domain.
Provided that the relevant registry of the Domain allows for a redemption period, if we receive a request from you to renew the Domain after the end of the Grace Period (‘the Redemption Period’), you agree to pay the applicable redemption fee(s) plus the renewal fee(s) for the Domain(s). You acknowledge and agree that we are not obliged to take any action to renew or recover a Domain in the Redemption Period and will only make such attempts once you have paid both the redemption and renewal fees. We make no guarantee that attempted renewals will be successful.
Some of our hosting packages include free domain registration or transfer. This applies to .COM domain extension only and may vary from time to time. All other extensions are excluded from this offer and will incur additional costs.
Change of domains in hosting bundles.
The domain that is already included in the domain and hosting bundle you purchased can no longer be changed. However, you can terminate your old package and re-purchase a new domain and hosting bundle and we can transfer your data to the new one. If the package price was changed, the price of the package upon your new purchase will be applied and not the old price.
Purpose of services.
Suitability of hosting environment.
Some packages feature an ‘unlimited’ service, meaning we do not actively limit your account on either disk space or bandwidth (or both). However, to ensure system stability, accounts are limited by resource usage to ensure no client can affect the service of others on shared servers.
Any ‘unlimited’ allowances are subject to fair use and any customer using an amount of monthly bandwidth or disk space deemed excessive in comparison to the average usage by other customers on our platform may, at our discretion, be advised to improve website efficiency and/or configure a CDN or upgrade to a bespoke solution and will be billed accordingly.
If we feel that the service selected or purchased by you does not meet your service needs we will inform you of this and advise you of the appropriate service for your needs. We are under no obligation to continue to provide hosting services that are inadequate or unsuitable for your needs. Refusal to cooperate with an account move request may result in account suspension and/or termination. Request for additional software aside from the existing setup or package will be at our discretion if will be implemented. Additional software/s is subjected to additional charges.
We offer a free migration service to help move your website from your previous provider to ourselves. As this is a best-effort service, we cannot assure that we can migrate from any providers. There are providers that do not allow copying of files. We do not have control over it even if we have the credentials from your previous provider. We will copy the 1) public directory that contains your website files; 2) databases you use; 3) email accounts and inboxes accessible by IMAP; also update your domains’ DNS records to point to our servers. Any additional configurations that are not known as default in any CMS (such as WordPress) will be your responsibility. You acknowledge that you are the party most familiar with your website and we cannot know the intricacies of all the websites we host. We will take reasonable care to move your site files and data but it is your responsibility to give us suitable access to retrieve the data and to check that the site has been migrated successfully. We aim to migrate websites within 72 hours, though we do not guarantee any particular timeframe for the migration. We do not warrant that we can move them successfully or without interruption. We are not liable for any issues that may come out during and after the migrations such as data loss, business interruptions, etc.
Changes to the hosting environment.
We reserve the right to change the hosting environment your website runs in. These changes will be made on a ‘like for like’ basis and will not affect your use of the hosting environment. The only circumstances where material changes will be made to your website hosting environment will be to provide you with an ‘upgrade’. You will be informed in writing of any changes that we make to the hosting environment. This may be: 1) to reflect changes in relevant laws and regulatory requirements; 2) to implement minor technical adjustments and improvements, for example, to address a security threat; and 3) to change between location and provider. We offer a choice of server locations and providers. It may be that your desired location is not available, or your existing location is changed or shutdown. We may at our discretion move to you an equivalent location or provider.
You acknowledge that we have upstream providers and it is our discretion not to disclose these providers since they may be changed from time to time. We have attempted to incorporate all of their relevant terms into this agreement.
We make no guarantee to secure and defend your websites from any kind of attacks (such as DDoS, XSS) or data breaches. We are not liable for any damages caused by these security issues.
Backups have additional charges and it will be your choice if you want to include backup to your subscription. Web hosting services have backup inclusions. We take backups of your websites and store them offsite, usually in the same geographic region as your live server for the best performance. If you have data residency requirements please contact us to arrange a bespoke solution. We may exclude files we consider non-fundamental to the operation of your website, e.g. error logs, Cpanel backups, cache files. Backups are a best-effort service and we do not warrant that they are complete or regular. It is your responsibility to keep backups of your own website.
Disruption to services.
We are not responsible for disruption to the services outside our control. We endeavor to choose providers that offer an extremely high level of performance and uptime, but if an event outside our control disrupts our supply of the services then we will contact you as soon as possible to let you know, and we will take steps to minimize the effect of the disruption. This may be via our status page at status.netorica.com. We will not be liable for the disruption caused by the event. We will not be responsible for network or hardware issues upstream of us. E.g., if an Upstream provider has an issue, we will not be responsible for their problems or include this within our 99.9% uptime calculation.
Migration to another provider.
You acknowledge that if you will transfer to another provider, we are not providing support for the migration. We are not responsible for any data possibly left within our servers after an account has been terminated and it is not our responsibility to check or inspect if all configuration or data has been migrated.
All service costs are displayed on our website.
When will the services be provided.
Suspension of services.
Reasons we may suspend or disable the supply of services to you. We may have to suspend the supply of a service to:
Your rights if your service has been suspended.
We will contact you in advance to inform you that we will be suspending the supply of the services unless the problem is urgent or an emergency. If we have to suspend the services for longer than 24 hours in any 7 day period, we will add to your credits the amount you should pay for the time the account is suspended, unless where the suspension is a result of your breach of this Agreement. You may contact us to end the contract of service if we suspend it for a period of more than 120 hours and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract unless the suspension is as a result of your breach of this Agreement.
Suspension on failed payments.
If you failed to pay for the products when you are supposed to, we will suspend the supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the supply of the services. As well as suspending the services we can also charge you interest on your overdue payments. Once payment has been made under these terms, we will use reasonable actions to ensure that the service is restored to you at least within 48 hours.
Time of suspension
On failed payments without notice, the following services will be suspended at the time indicated:
Website hosting inclusive of domain
When your service has been suspended.
If your service has been suspended or goes overdue, we may no longer retain a copy of your data or website. Your website IP address may also change. We will not be responsible for the cost of keeping your service running if you fail to pay your invoices.
Transfer to another provider.
We have the right to transfer your subscriptions to another provider whenever we deemed necessary. It will be our responsibility to ensure successful transfer of your accounts unless you decided to terminate your account instead. This may due, but not limited, to the following reasons:
All advance payments required by the other provider that are no longer in the scope of your subscription will be covered by you (Example: the other provider requiring 2 months prepayment and you only have 15 days left to your subscription with us, you will pay the 1 month and 15 days deficient). Remaining credit balance will be used to settle payments and excess will be refunded.
Upgrade and Downgrade.
You can downgrade or upgrade your services on the following conditions:
Given at our own discretion only.
This is only given by our own preference and there will be instances that we have to reject a service trial request.
Trial only runs for a month unless we are notified that the subscription will be continued. We must be informed for continuation at least five (5) days before expiration date. If we are informed for continuation less than 5 days before expiration we do not guarantee that your subscription will be extended.
The service trial will automatically be terminated on the exact end date of subscription. Upon termination, all data will be deleted, it is your responsibility to have backups of your data. We are not liable for any data loss.
If service trial have been continued, it is no longer a trial and will be a regular subscription. All payment terms for the service will be applied.
Where to find the price for the service.
The price of the service will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct. Where VAT is applicable (based on your location and the services you order) it shall be detailed on the order steps.
Changes in the VAT rate.
If the rate of VAT changes between your order date and the date we supply the service, we will adjust the rate of VAT unless you have already paid for the product in full before the change takes effect.
The change in the VAT rate will also be applied to your current subscription upon your next renewal.
Changes in the price.
We reserve the right to alter the prices advertised on our website and fees at any time. We will provide written notice of any changes to the email address you provided when registering your account. In most cases, changing the price on the website will not affect the price for existing customers. If your contract is for a fixed term, the price alteration will take effect at the end of the current term and at the time of renewal.
Additionally, we are bound to change the prices when the conversion rates moved up or down, and when our suppliers change their rates. Existing customers may also be affected by this change at the time of renewal. Advance notice will be sent to your registered email address, make sure that your email information is always updated.
What happens if we got the price wrong?
It is always possible that, despite our best efforts, you are provided with the incorrect price for our service. If the correct price is less than the stated amount will amend the price and refund any difference to you. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
We accept payment through bank deposit or transfer, PayPal, or GCash. Details of the chosen payment method will be displayed on the last step on checkout.
It will be your responsibility to pay all payment charges required by the chosen payment method.
Proof of payments.
You must send us the proof of payment after you paid the amount of your order for validation. The proof should be sent by our client ticketing platform in https://client.netorica.net/; any other means will not be recognized. Sending the proof of payment doesn’t mean we already receive the amount paid. We will still verify your payment and in case we did not receive it, we will inform you immediately. It will be your responsibility to fix the issue. Your order will be pending until we have verified that the payment had been received.
Payment is due at time of order.
All services are prepaid. No service will be provided until payment was received. You agree to pay all amounts due for services not more than seventy-two (72) hours at the time you order them. All amounts are non-refundable.
Invoices will be sent in advance of the payment due.
Invoices will be sent to the email address provided by you to us when registering your account. It is your obligation to update your information with your current and active email. You can see your email history and view all invoices at https://client.netorica.net/.
Failure of paying a pending invoice.
In case you failed to pay an invoice on its due time, all of your services will be temporarily suspended until you have settled all of your pending invoices. It will take effect on the first invoice you had failed to settle. For example, you have 2 services and you fail to pay one, both of them will be suspended.
Interest charge on late payment.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount. This interest shall accumulate on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
If an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Failure of payment.
In case you failed to pay on the due or expiration date of the subscription, your service will be terminated at the exact date of expiration. Upon termination, all data will be deleted and it is your responsibility to have a data backup. We are not liable for any data loss when your subscription had been terminated.
Invoice is not received.
There may be some instances where you would not receive any invoice (e.g., your mailbox is blocking our invoice email). Please be diligent in paying your subscriptions, regardless of reasons, failure of payment conditions (6.12) will apply. If you do not receive any invoice despite knowing that there’s nothing wrong (your email in the clients portal is active and correct, your inbox is not full, the invoice is not in any other folder such as in spam or junk), please contact us and we will try to figure out why and fix it if the issue is on our side. If not, we advise you to change your email.
Changing of invoice due.
In any case you wanted to change your invoice due for your convenience, regardless of reason, this will be only allowed on the following conditions:
Unsubscribe to PayPal.
If you use PayPal as a payment method, the subscription of our service will be added to your PayPal account’s subscription. We do not have control over this. It is your sole responsibility to remove us from your subscription list when you decided to end your service with us. We are not liable for any charges made by PayPal once we have terminated your service to us and you fail to remove us from your subscription list. We no longer have the responsibility to refund you on that matter, it’s between you and PayPal.
All excess amounts in payment will be saved in your account’s credits.
You can save or increase your account’s credits by purchasing it through https://client.netorica.net/ with a minimum amount of Php1,000.00.
Cash out and Refund.
You are not able to cash out your account’s credit. The credit amount will only be refunded upon account termination and after settling all pending invoices.
It is the responsibility of the client to take reasonable security precautions in protecting their login information to their services and the Netorica billing area. It is always the client’s responsibility to ensure the security of their website, Netorica is not responsible for compromised scripts or servers.
Service events updates.
All updates such as upgrade, scheduled or emergency maintenance, etc. will be posted in https://status.netorica.net. It is your responsibility to check the page for any service events either scheduled or emergency.
Effects of interruption.
We are not responsible for any damages caused by the interruption. It is your obligation to backup data and configuration of your site, VM, or server.
Adjustment on schedule.
We cannot make any time or date adjustments to scheduled service events prior to customer’s convenience.
Web usage includes the use of web space provided with client accounts, web hosting on our servers, and the use of web services and space on dedicated servers. We do not monitor content on any webspace maintained by customers (whether shared served space or dedicated services). We bear no responsibility for the content of your website.
Content and materials.
It is your sole responsibility to ensure that the content and materials on any website owned or operated by you contain material that you have created or have permission to use.
Copyright or Intellectual Property Rights.
It is your sole responsibility to resolve any dispute involving Copyright or Intellectual Property Rights associated with your website or web service. You agree to indemnify Netorica against all costs, including legal costs, of defending any claim against us from any third party regarding your use of copyright or intellectual property rights in relation to any claims made against you or us Worldwide.
Promotion and distribution of illegal contents.
You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation) in either the Philippines or any other jurisdiction in which your website or web service is operational. You should be aware that the internet is a global communications network and what may be legal in the Philippines may be illegal elsewhere and leave you liable to prosecution in another country.
Uploading adult contents.
If you intend to upload adult content of any type onto your website or web service you must contact us prior to placing an order. We reserve the right to decline to offer our services at our absolute discretion.
Investigation of potential abuse.
We reserve the right to undertake an investigation of content services if potential abuse is brought to our attention and to remove any content on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content, or otherwise break our Terms and Conditions will be liable for immediate termination.
We provide the ability to send e-mail using SMTP. This is designed for day-to-day communication needs. All outbound mail is scanned by a cloud-based spam filtering system.
We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times. Customers who abuse the email service will be notified that their behaviour is unacceptable and may have their accounts suspended, terminated or blocked. By purchasing the services you agree to the following:
Netorica Customers may not initiate the following practices. Netorica reserves the right to suspend or terminate accounts found in violation of these items with or without prior notice given and without liability.
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
Netorica will terminate the service of repeat copyright infringes.
You may not publish or transmit via Netorica’s service any content that Netorica reasonably believes:
Content published or transmitted via Netorica’s service includes web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any internet service provided by Netorica.
You may not engage in illegal, abusive, or irresponsible behavior, including:
We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for any complete month of service not provided.
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. Transfer requests can be made via support ticket in https://client.netorica.net/.
Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by Philippine law and you can bring legal proceedings in respect of the products in the Philippine courts.
Netorica Website Hosting Services by reason of any failure in performance of this Agreement if the failure arises out of general failure of internet communications, acts of God, acts of the Customer, acts of governmental authority, fires, strikes, delays in transportation, riots, terrorism or war, or any causes beyond the reasonable control of Netorica Website Hosting Services.
We may disclose only the following details about our upstream providers or software we use:
We may allow them to access your services at their own discretion following their own terms and conditions.
We may allow them to stop your services in case of possible breach on their own acceptable usage agreement which we provided for you or incorporated on this agreement.
Changes on their prices affect our pricing. It will be our discretion to increase or decrease our prices as stated in changes on prices condition (6.3).
Sake of monitoring.
You allow us to install any monitoring agent on your VM or Dedicated server which will be done by default. If you request or remove our monitoring agent this may cause the following: us not to include you for any downtime compensation or maybe forced suspension which cannot be notified ahead of time because of possible breach of terms and acceptable usage agreement in the future.
All services are unmanaged (unless we made a managed agreement) and will be managed by you. We have a guide portal that contains step by step instructions for using the cPanel, creating your own site email, starting your website, and more. We are not liable if the tutorial or knowledge base cause problems, damages or data loss. See guides portal here: https://netorica.net/guides-portal/
We may offer managed services at an additional cost. This will be controlled under an agreement of specific scope to be managed only.
Sending support requests.
All support requests must be sent to our ticketing system at https://client.netorica.net/. We will not acknowledge any type of request in any other means unless we deemed as urgent.
Request for managed services.
Send a request ticket at https://client.netorica.net/ when you wish to avail the managed services. We will contact you afterwards with the scope and agreement.
We endeavour to provide a 99.9% service uptime, excluding planned or upstreams issues or conditions that are beyond our control. We have a maintenance page (status.netorica.net) that will show all our scheduled, planned, or even emergency maintenance. It is your responsibility to check this page to be informed.
For all unscheduled interruptions, which caused by us, that last longer than 24 hours, Netorica Website Hosting Services shall offer compensation to the affected customers.
Netorica Website Hosting Services will notify the Customer by e-mail or on Netorica Website Hosting Services website’s status page (status.netorica.net) about scheduled interruptions with our services at least 24 hours in advance, with the exception of important security updates and patches which Netorica Website Hosting Services may deploy without prior notice.
Start and end of compensation for the interruption
The start of deemed interruption for compensation is when after 24 hours:
When the proper responses were returned back, this will end the count for the compensation.
In case of an interruption in the Service, the Customer has to notify Netorica Website Hosting Services by support ticket or email. When the interruption has ended, the corresponding compensation will be added to account’s credits and cannot be exchanged for cash or other forms of payment.
Amount of Compensation
The amount of compensation will be pro-rated by number of days, according to the current rate of your subscription. The maximum amount of compensation for an individual interruption is 100% of Netorica Website Hosting Services charges for the Services during 30 calendar days preceding the interruption.
Exemptions from Service Guarantee
The following situations will be exempt from Netorica Website Hosting Services service guarantee:
No compensation will be payable to the Customer during a free-of-charge trial period.
These Terms and Conditions also serves as the acceptable usage policy.
Netorica is under no duty and does not by this acceptable usage agreement undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Netorica network.
Customer agrees to indemnify and hold harmless Netorica, Netorica’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys’ fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of customer’s services in violation of applicable law or the acceptable usage agreement by customer or any person using customer’s log on information, regardless of whether such person has been authorized to use the services by customer.
NETORICA WEBSITE HOSTING SERVICES DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW NETORICA DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS. NETORICA WEBSITE HOSTING SERVICES DOES NOT GUARANTEE THE SECURITY OR BACK-UP(S) OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF NETORICA AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.