Terms of Service

These Terms of Service (the “Agreement”) set forth the terms and conditions of your use of our hosting and related services (“Services”). In this Agreement, “You” and “Your” refer to you as the user of our Services, or any agent, employee, or person authorized to act on your behalf. “We,” “Us,” and “Our” refer to Empathy Host, its subsidiaries, and sister companies. This Agreement explains our obligations to you and your obligations to us for the various services or products offered by Empathy Host. By using your account or allowing others to use it, you signify your agreement to these terms and conditions.

1. Term of Agreement; Modification

You agree that Empathy Host may modify this Agreement and the Services it offers from time to time. You agree to be bound by any changes that Empathy Host may reasonably make to this Agreement. If you continue to use the Services after any modification to this Agreement or changes in the Services, you agree to abide by and be bound by those revisions.

2. Accurate Information

You agree to maintain accurate information and update Empathy Host as needed while you are using the Services. You must notify Empathy Host within five (5) business days of any changes to your contact information or any other relevant details. Failure to do so may constitute a material breach of this Agreement, allowing Empathy Host to suspend or terminate Services.

3. Privacy

Empathy Host’s Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy outlines your rights and Empathy Host’s responsibilities regarding your personal information. Empathy Host may modify the Privacy Policy at its sole discretion, and by using the Services after any modifications become effective, you agree to those modifications. If you do not agree, you may terminate this Agreement.

4. Accepted Use Policy

The Empathy Host Accepted Use Policy (“AUP”) is applicable to all Services and is incorporated herein by reference. You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations. By using our Services, you agree:

• Not to engage in illegal activities or infringe upon the rights of others.
• Not to engage in spamming, hacking, unauthorized access, or transmitting malicious software.
• Not to host content that is illegal, harmful, obscene, threatening, or otherwise prohibited by Empathy Host.

Violations of the AUP may result in account suspension, termination, or other corrective actions at Empathy Host’s discretion. Empathy Host reserves the right to remove any prohibited content without notice.

5. Storage and Security

You are responsible for maintaining the confidentiality of your password and account information, as well as for all activities under your account. You are solely responsible for the security, confidentiality, and integrity of your server and data. Empathy Host is not liable for any loss or damage resulting from your failure to secure your data or use of Services for unintended purposes, including data storage or archiving.

6. Ownership

All intellectual property rights, including but not limited to trademarks, patents, trade secrets, and copyrights associated with the Services, are owned by Empathy Host or its third-party partners. You agree not to make any claim of interest or ownership in these intellectual property rights.

7. Non-Exclusive Right to Use

If you have purchased or been given permission to use software from Empathy Host, you are granted a limited, non-exclusive, nontransferable, and non-assignable right to use the software for ordinary and customary purposes. You agree not to alter, modify, or reverse engineer the software. Empathy Host reserves all rights to the software.

Empathy Host provides all software and Services “as is,” without any warranty, express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose.

8. Limitation of Liability

To the fullest extent permitted by law, Empathy Host shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, or data resulting from the use or inability to use the Services, even if Empathy Host has been advised of the possibility of such damages.

9. Indemnification

You agree to defend, indemnify, and hold Empathy Host, its affiliates, officers, agents, and employees harmless from and against any claims, liabilities, damages, losses, and expenses arising from your use of the Services or any violation of this Agreement.

10. Termination and Suspension

Empathy Host reserves the right to suspend or terminate your account at any time, with or without notice, in response to violations of this Agreement, failure to make payments, or any other reason deemed necessary by Empathy Host.

11. Contact

Questions about these Terms may be directed to support@empathyhost.com.