Cloud Hosting Policy

Terms and Conditions

1. General – Scope of Application

1.1 These Terms and Conditions govern the relationship between the Customer and phpFox Cloud hosting services. They are integral to all contracts with the Customer.

1.2 Customer or third-party terms are not applicable, even if unobjected to.

1.3 We reserve the right to amend our Terms, Policies, and Prices, with prior notification via the Customer’s account or registered email.

1.4 The order of precedence for applicable policies is as stated.

1.5 Employees or third-party contractors cannot make verbal agreements or guarantees.

2. Conclusion, Duration, and Termination of the Contract

2.1 The contract begins once the Customer’s order is accepted as per section 2.4.

2.2 Our offers are subject to change and non-binding; reasonable modifications may occur.

2.3 The Customer guarantees the accuracy of their account data and will notify us of any changes within 14 days. Proof of accuracy may be requested.

2.4 By placing an order and accepting these terms, the Customer enters into a binding contract. We have 5 workdays to accept or reject the order.

2.5 Unless otherwise agreed, contracts are for an indefinite period.

2.6 The contract can be terminated by either party with 30 days’ notice. Some services may have different notice periods. Termination requests can be made via letter, fax, email, or the customer interface.

2.7 We may terminate the contract immediately for cause, such as non-payment or breaches of key obligations. Content that affects system operations or violates sections 8.1–8.3 can also lead to termination without notice.

2.8 The Customer requires our written consent to transfer contractual rights to a third party. We verify both parties’ legitimacy.

3. Scope of Services

3.1 The service scope is based on the product description valid at the time of the Customer’s order. Free services may be discontinued or subject to fees with prior notice.

3.2 For domain registrations, we will arrange the registration but cannot guarantee allocation by domain authorities. The Customer only has rights to the domain after confirmation.

3.3 We aim for 99.9% annual network availability.

3.5 If an IP address is assigned, we reserve the right to change it with notice.

3.6 Additional technical support services beyond the standard scope will be billed separately.

4. Payment Conditions and Late Payments

4.1 Invoices will reflect updated prices for contracted services.

4.2 Invoices can be processed monthly, quarterly, or annually, and payment terms of the chosen service must be followed.

4.3 We reserve the right to charge interest on late payments from the due date without a reminder.

4.4 Customers are responsible for all fees, taxes, and third-party usage costs. Electronic billing is free, while postal delivery incurs fees.

4.5 Customers must comply with export/import regulations, including U.S. and other relevant laws.

5. Administrator Rights and Duties / Data Security

5.1 The Customer holds full administrator rights for all root and cloud servers and is responsible for their security and management at their own risk.

5.2 The Customer must manage their servers responsibly, ensuring no compromise to the integrity of networks or third-party data. Using servers for DDoS attacks or open mail relays is strictly prohibited. Violation may result in immediate server lock and contract termination.

5.3 For managed server products, basic usage rights are granted. Servers are monitored continuously, and simple support is free. More complex services are charged after prior agreement.

5.4 Services must be used lawfully and appropriately.

5.5 Regular backups must be maintained by the Customer outside our provided servers. Data restoration is the Customer’s responsibility in case of loss.

6. Data Protection

6.1 Data processing complies with GDPR. For more details, please refer to our Privacy Policy.

6.2 If the Customer processes third-party personal data, they are responsible under data protection laws. We only act as a data processor under Article 28 GDPR if a processing contract is concluded.

6.3 The Customer must inform us if they process third-party personal data, detailing the purpose and categories. In the absence of a processing contract, we assume no third-party personal data is processed.

6.4 Internet data transmission cannot be fully protected. The Customer is responsible for securing all stored data.

7. Use by Third Parties

7.1 The Customer may allow third parties to use their phpFox services. However, the Customer remains the sole contractual partner and is fully liable for compliance with our agreements.

7.2 If user rights are transferred to a third party, the Customer must ensure all legal and contractual requirements are met.

7.3 The Customer is liable for damages caused by third-party violations or non-cooperation and must indemnify us against claims arising from these actions.

8. Use of the Services / Content

8.1 The Customer must comply with legal obligations, including telecommunications, intellectual property, and data protection laws. They indemnify us against third-party claims for violations.

8.2 Publishing illegal or offensive content, including pornography, hate speech, or defamatory materials, is strictly prohibited.

8.3 Spam mail, false sender information, and cryptocurrency mining activities are not allowed. Non-compliance may result in service access being locked.

8.4 We may request the removal of illegal content under the Digital Services Act and restrict access to services if violations occur.

9. Liability

9.1. The Customer uses phpFox services at their own risk. We are liable for indirect damages only in cases of intent or gross negligence, but not for loss of profit. For culpable infringements not resulting from gross negligence or intent, our liability is limited to foreseeable damage typical for this type of contract, up to a maximum of 100% of the price for the Customer’s monthly product rental.

9.2. If the Customer breaches the content obligations specified in Section 8 of these Terms and Conditions, particularly regarding legal prohibitions and decency violations, the Customer is liable to us for compensation for all direct or indirect damages arising from this, including financial losses. Additionally, the Customer must indemnify us against any claims by third parties—regardless of the legal basis—resulting from actions by the Customer or their designated third parties. The indemnification obligation also includes all incurred legal defense costs.

10. Warranty

If the service involves goods delivered via post, claims for defects are subject to a limitation period of 12 months from the date of delivery. For the delivery of used goods, we are not liable for defects. The statutory limitation period applies to claims for damages in cases of willful and gross negligence as well as injury to life, limb, and health resulting from an intentional or negligent breach of obligation by the user.

11. Right of Lien

The Customer grants us a lien on equipment installed by the Customer or by third parties in the data center to secure any outstanding debts arising from the contractual relationship. We are entitled to enforce the lien after notifying the Customer of their outstanding debts if the Customer fails to settle all debts within 10 work days after receiving the notification. Any surplus generated by the sale will be paid to the Customer.

12. Cancellation Policy

12.1. The Customer has the right to cancel this contract within fourteen days after its conclusion without providing any reasons. To exercise this right, the Customer must notify us via the Client Area of their decision to cancel. The use of the cancellation request form is optional but recommended.

12.2. Cancellation Procedure: If the Customer cancels this contract, we will refund all payments received from the Customer, including delivery charges (except for additional charges arising from the Customer choosing a delivery method other than our standard low-cost option), either immediately or within fourteen days from receiving the notice of cancellation. The refund will be processed using the same payment method used in the original transaction, unless otherwise agreed upon. No fees will be charged for this refund.

If the canceled item is a service that has already commenced, we will invoice the Customer for the corresponding pro-rata amount.

13. Dispute Resolution Procedure

The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU IN ADDITION TO THE TERMS AND CONDITIONS OF PHPFOX. PLEASE READ IT CAREFULLY. BY PLACING AN ORDER FOR SERVICES FROM PHPFOX IN THE UNITED STATES OF AMERICA, YOU ACCEPT AND ARE BOUND BY THESE SPECIAL TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN SERVICES FROM PHPFOX IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE UNDER 18 YEARS OF AGE OR (i) ARE UNDER THE LEGAL AGE TO FORM A BINDING CONTRACT WITH PHPFOX OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENT OR SERVICES BY APPLICABLE LAW. SHOULD ANY OF THESE SPECIAL TERMS AND CONDITIONS CONTRADICT THE TERMS IN THE PRESENT TERMS AND CONDITIONS, THESE SPECIAL TERMS AND CONDITIONS TAKE PRECEDENCE AND ARE APPLICABLE OVER ANY OTHER TERMS AND CONDITIONS OF PHPFOX.

These Special Terms and Conditions (“Terms”) govern the purchase and sale of services (“our Services”) through PHPFOX.COM (the “Site”) in the United States of America (the “USA”), in addition to the general TERMS AND CONDITIONS. phpFox (referred to as “us,” “we,” or “our” as applicable) may change these Terms at our sole discretion with prior written notice. The most recent version of these Terms will be posted on the Site, and you should review them before purchasing any services available through the Site.

Your continued use of the Site after any changes to these Terms constitutes your acceptance of and agreement to those changes. If you do not agree to the revised Terms, do not use (or continue to use) the Site or the Services.

We may also terminate your use of the Services if you violate or breach any of these Terms.

WE RESERVE THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THE SITE OR THE SERVICES AT ANY TIME, INCLUDING WITHOUT LIMITATION, OUR PRICES AND FEES FOR THE SITE AND SERVICES.

If you are ordering or obtaining services on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind that entity to these Terms. In this case, the terms “you,” “your,” “User,” or “Customer” will refer to the corporate entity.

If we determine after your electronic acceptance of this Agreement that you do not have the legal authority to bind the corporate entity, you will be personally responsible for fulfilling the obligations in this Agreement, including payment obligations.

We are not liable for any loss or damage resulting from reliance on any instruction, notice, document, or communication we reasonably believe to be genuine and originating from an authorized representative of your corporate entity. If we have reasonable doubts about the authenticity of any such communication, we reserve the right (but have no obligation) to request additional authentication.

You also agree to be bound by these Terms for transactions conducted by you, anyone acting as your agent, and anyone using your account or the Services, whether authorized by you or not.

Please review our Privacy Policy before placing an order for Services through the Site (see https://www.phpfox.com/privacy-policy/).

2. Order Acceptance and Cancellation

Our offers are subject to change. By placing an order, you agree that it constitutes a legally binding contract and accept these Terms for all Services listed in your order. We are not obligated to provide Services until we have formally accepted your order. We reserve the right to decline any order at our sole discretion. Upon receiving your order, we will send an immediate confirmation email acknowledging receipt. This confirmation does not constitute acceptance of the order and is not contractually binding. We will have up to five (5) business days to accept your order. Once we accept your order, we will send you an acceptance email containing your order number and details of the items ordered. We are legally bound to process your order and adhere to the terms of this Agreement only after we have sent you the order acceptance email. Confirmation and acceptance emails may be combined into a single email at our discretion.

3. Prices and Payment Terms

(a) We reserve the right to change prices with prior written notice, which may be provided through your customer account or via the email address you have supplied.

We are not liable for any errors in pricing, typographical mistakes, or other inaccuracies in our offers and reserve the right to cancel orders resulting from such errors.

(b) Payment terms are at our discretion. Depending on the agreement, we may issue invoices monthly, quarterly, or annually using the agreed-upon payment method. The Customer must adhere to the terms and conditions of the payment service used.

You represent and warrant that: (i) The payment information you provide is accurate, complete, and correct. (ii) You are authorized to use the payment method for this purchase. (iii) Charges incurred will be honored by you or your payment provider. (iv) You will pay the charges incurred at the posted prices, including any applicable taxes.

4. Published Content

We are not obligated to review your content. It is your responsibility to ensure that the content you publish is clearly identified as your own or as third-party content. You must not publish any content that infringes on the rights of third parties or violates federal or state laws in the US. Content that violates the rights of individuals or groups, or that insults or disparages others, is strictly prohibited.

Publishing content that infringes on third-party rights or violates the law is not permitted. This includes, but is not limited to, pornographic or obscene material, extremist content, gambling content, and material that could harm the morals of children or young people. Additionally, defamatory content, insults, or disparagement of individuals or groups is prohibited. The operation of applications for cryptocurrency mining, including mining, farming, and plotting, is also forbidden.

In the event of non-compliance, we reserve the right to suspend your access to the Service and/or your account.

5. Third-Party Rights of Use

You may allow third parties to use the services we provide, but you remain our sole contractual partner and are fully responsible for any breaches of our general Terms and Conditions, Special Terms and Conditions, and all contractual obligations resulting from the third party’s use of the Service.

When transferring user rights to phpFox Services to a third party, you must ensure that all legal and contractual requirements are met at the time of transfer. This includes any changes requiring the cooperation of the third party.

You are fully liable for any issues arising from granting user rights to a third party, and you must indemnify us against any claims made by the third party or others.

6. Backups and Data Loss

YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY, PROTECTION, AND INTEGRITY OF YOUR CONTENT.

You are responsible for regularly backing up your data, and these backups should be stored separately from the server we provide. If data is transmitted to us from your servers, you must make regular backup copies of that data. Prior to making any changes on your own or by a third party, you must perform a complete data backup. In the event of data loss, you must either resubmit the relevant data files to us free of charge or restore the data yourself.

7. Contract Duration and Termination

Contracts will remain in effect and automatically renew until terminated by either party.

8. No Spam; Liquidated Damages

(a) No Spam

We have a strict policy against spam. If we detect spam-related issues, we will take appropriate measures to address the situation.

Spam is defined as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimiles (Fax) — which includes unsolicited advertisements or communications sent without prior confirmed consent from the recipients.

Our servers and services must not be used for spam. You are required to comply with all relevant laws and regulations, including the CAN-SPAM Act of 2003 and the Telephone Consumer Protection Act, as well as our no-spam policy.

If it is determined that an account, product, or service is associated with spam, we may suspend or cancel any account, website hosting, domain registration, email accounts, or other related services. We may also require you to provide written confirmation that you will cease sending spam or using spam on your behalf. We encourage customers and recipients to report suspected spam to us via email at hello@phpfox.com or by submitting tickets at https://clients.phpfox.com.

(b) Service Termination for Spam Violations

We reserve the right to immediately terminate any account that we, at our sole discretion, believe is involved in transmitting or is otherwise associated with spam or unsolicited bulk email.

9. Intellectual Property Use and Ownership

You acknowledge and agree to the following:

(a) You will adhere to all terms and conditions specified in the license agreement for any product or service obtained through the Site, including confidentiality obligations and restrictions on resale, use, reverse engineering, copying, modification, improvement, sublicensing, and transfer of licensed products and services.

(b) You will not cause, encourage, or permit others to breach the terms and conditions of any product or service license agreements.

(c) We and our licensors will remain the sole and exclusive owners of all intellectual property rights related to each product and service available on the Site, including but not limited to copyrights, patents, trademarks, and other intellectual property rights. This is subject only to the limited license granted under the product’s or service’s license agreement. You do not and will not acquire any ownership rights in these intellectual property rights associated with the products or services available through the Site.

10. Privacy

Our Privacy Policy, available at https://www.phpfox.com/privacy-policy/, governs the processing of all personal data collected in connection with your purchase of products or services through the Site. Your data remains your exclusive property. We will not use or disclose your data except as necessary to provide our services or as required by law.

If you process personal data of third parties using our services, you are solely responsible for compliance with data protection laws.

11. Assignment

You may not assign any of your rights or delegate any of your obligations under these Terms or any other contractual rights and obligations without our prior written consent. Any attempted assignment or delegation that does not comply with this section is null and void. An assignment or delegation does not relieve you of any of your obligations under these Terms. Any valid assignment or delegation must be executed with the signatures of both the assignee/assignor and the delegatee/delegator.

12. No Waivers

Our failure to enforce any right or provision of these Terms does not constitute a waiver of future enforcement of that right or provision. A waiver of any right or provision is effective only if it is in writing and signed by a duly authorized representative of ours.

13. No Third-Party Beneficiaries / No Extra-Contractual Relationships

These Terms are not intended to confer any rights or remedies upon any person other than you. The parties to these Terms are independent contractors, and nothing in these Terms creates or implies a joint venture, creditor-debtor relationship, escrow, partnership, employer-employee, fiduciary, or franchise relationship between you and us (or any of our affiliates).

14. Notices

(a) To You: We may provide any notice to you under these Terms by: (i) sending an email to the address you provide, or (ii) posting notices on the Site.

Emails will be effective when sent, and notices posted on the Site will be effective upon posting. It is your responsibility to keep your email address current. We are not liable for any failure to receive an email notification resulting from an inaccurate email address.

15. Links to Third-Party Websites

The Site and our Services may contain links to third-party websites that are not owned or controlled by us. We are not responsible for the content, terms, privacy policies, or practices of any third-party websites. We do not censor or edit the content of any third-party websites. By using the Site or our Services, you release us from any liability arising from your use of any third-party website. We encourage you to review the terms, privacy policies, and governing documents of any third-party websites you visit.

16. Disclaimer of Representations and Warranties

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR OWN RISK. THE SITE AND OUR SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES (INCLUDING VIA HYPERLINKS OR BANNER ADVERTISING), AND/OR (III) OUR SERVICES OR ANY LINKED SITES.

ADDITIONALLY, NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS (INCLUDING OUR CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), OR THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE, OR (II) CREATE A WARRANTY OF ANY KIND REGARDING THE SITE OR OUR SERVICES. YOU SHOULD NOT RELY ON SUCH INFORMATION OR ADVICE.

THIS DISCLAIMER OF REPRESENTATIONS AND WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SURVIVES ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITE OR OUR SERVICES.

17. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM: (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITE; (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES (INCLUDING HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE); (III) OUR SERVICES OR ANY LINKED SITES; (IV) PERSONAL INJURY OR PROPERTY DAMAGE; (V) THIRD-PARTY CONDUCT; (VI) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND CONTENT; (VII) INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THE SITE OR LINKED SITES; (VIII) TRANSMISSION OF VIRUSES, WORMS, BUGS, TROJAN HORSES, OR SIMILAR MALICIOUS SOFTWARE; (IX) DEFAMATORY, HARASSING, ABUSIVE, OR OBJECTIONABLE CONTENT; AND/OR (X) ANY LOSS OR DAMAGE INCURRED FROM YOUR USE OF THE SITE OR OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER, YOU SPECIFICALLY AGREE THAT OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED 100% OF THE MONTHLY FEE FOR THE SERVICE PROVIDED TO YOU.

THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SURVIVES ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITE OR OUR SERVICES.

18. Indemnification

You agree to protect, defend, indemnify, and hold harmless us and our officers, directors, employees, agents, and third-party service providers from any claims, demands, costs, expenses, losses, liabilities, and damages (including reasonable attorneys’ fees) arising from: (i) your use of the Site or our Services; (ii) your breach of these Terms or any incorporated policies or agreements; and/or (iii) your violation of any third-party rights, including intellectual property rights. This indemnification obligation survives any termination or expiration of these Terms or your use of the Site or our Services.

19. U.S. Export Laws

The Services provided in the USA are subject to U.S. export laws, regulations, and administrative acts, including those from the Department of Commerce, Office of Foreign Assets Control (OFAC), and State Department (collectively, “U.S. Export Laws”). You may not use our Services to collect, store, or transmit any technical information or data controlled under U.S. Export Laws. You may not export or re-export, or permit the export or re-export of, our Services in violation of U.S. Export Laws. Our Services may not be downloaded or exported to (i) any country with U.S. trade embargoes or (ii) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List. By using the Site and our Services, you represent and warrant that you are not a national or resident of any restricted country and are not on any denied parties list. You agree to comply with all U.S. Export Laws, including regulations on anti-boycott, deemed export, and deemed re-export. If you access the Site or our Services from other jurisdictions, you are responsible for compliance with local laws, provided they do not conflict with U.S. Export Laws. If local laws conflict with U.S. Export Laws, you must not access the Site or use our Services. This obligation survives any termination or expiration of these Terms or your use of the Site or our Services.

20. Availability of Website and Services

Subject to these Terms and our policies, we will make commercially reasonable efforts to provide the Site and our Services 24/7. However, you acknowledge that the Site and our Services may be unavailable or inoperable due to reasons including, but not limited to, equipment malfunctions, periodic maintenance, repairs, or unforeseen causes such as telecommunication failures, network attacks, or congestion. We have no control over continuous or uninterrupted availability of the Site or Services and assume no liability for any related issues.

21. Force Majeure

We will not be liable or deemed in breach of these Terms for any failure or delay in our performance when such failure or delay is due to circumstances beyond our reasonable control. These circumstances include, but are not limited to, acts of God, natural disasters (e.g., floods, fires, earthquakes), explosions, governmental actions, wars, invasions, terrorist activities, riots, civil unrest, national emergencies, revolutions, epidemics, strikes (including labor disputes), and issues with carriers or supply chains (e.g., delays, material defects). Also covered are telecommunication failures and power outages.

22. Governing Law and Jurisdiction

These Terms and the contractual relationship they establish will be governed by German law, without regard to any conflict of law principles. The exclusive place of jurisdiction for any disputes arising from this relationship is our registered office in Gunzenhausen, Germany. However, we retain the right to take legal action at your place of business. Any statutory provisions, including exclusive jurisdiction rules, remain unaffected.

23. Dispute Resolution and Binding Arbitration

(a) If Section 22 Is Not Applicable by Law:

(b) Both you and we agree to waive any rights to litigate claims in court or before a jury, to participate in a class action, or to pursue a representative action. Arbitration may limit or alter other rights you would have in court.

Any claim, dispute, or controversy arising from or related to your purchase of products or services via the Site, whether in contract, tort, or otherwise, will be resolved exclusively through binding arbitration.

(c) The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”), except as modified by this Agreement. The Federal Arbitration Act will govern this arbitration process.

The arbitrator has exclusive authority to address disputes related to the arbitrability or enforceability of this arbitration provision, including challenges based on unconscionability or other invalidity claims. The arbitrator can grant relief available in court. The arbitrator’s award will be final, binding, and may be entered as a judgment in any competent court.

(d) You agree that arbitration will be conducted on an individual basis only. Neither party can join or consolidate claims with those of other customers or participate in class action or private attorney general proceedings. The arbitration tribunal cannot handle multiple claims or class proceedings. Challenges to this class arbitration waiver must be made in a competent court. If any part of this arbitration agreement is unenforceable, it will be severed, and the remaining arbitration terms will remain in effect.

24. Severability

If any provision of these Terms is found to be invalid, illegal, void, or unenforceable, that provision will be severed. The remaining provisions of these Terms will remain valid and enforceable.

25. Entire Agreement

These Terms, along with any applicable license agreements for products or services, our System Policies, and any domain name registration agreements obtained via the Site, constitute the final and comprehensive agreement between you and us regarding the matters covered in these Terms.