1. Home
  2. Terms of Service
  3. 17. You won’t get the shirt off our back if things go wrong

17. You won’t get the shirt off our back if things go wrong

We have this cool thing called “limited liability”

Most of the time jane is nice, with such friendly customer service, she concentrates on providing you with a great service. However, when people try to hurt jane, she also has a not nice side.

If you’re not trying to hurt jane, feel free to skip the below as it really doesn’t apply to you.

If you are, well…

Hostjane.com, and anyone connected with us, like directors, employees, or our agents, will, in no event be liable to you or any one else for any of the following types of damage that look scary in lawsuits:

  • Indirect
  • Consequential
  • Exemplary
  • Incidental
  • Special
  • Punitive

Add to that list any lost profits or lost data that happens through your use of jane, our servers, our customer’s Content and websites, or other materials accessed or downloaded through our network, even if you prove we knew that you could get seriously burned from using us.

A cup of coffee

Even if our sassy use of English in this agreement has caused us to forget something, or make a mistake somewhere, that won’t affect us not having to pay you in any court claim you win against us (no matter how serious it is), anymore than the same amount you paid us for up to 3 months of our Services from the date going back from your problem OR the price of a cup of our fave starbucks caramel macchiato (whichever cost is the smaller).

This applies to all your claims, and anyone else making a legal claim through you.

So even if you hire a really terrifying lawyer to whack us with a dozen aggregate lawsuits, you agree we still only have to buy you a cup of coffee, if you win.

The key thing to remember about your lawsuit is that, whatever happens, you agree that we’re not paying for it!

You agree that we are 100% covered

The word you need to remember is “indemnified”, because that’s what your signature gives jane, and everyone on our team, when you pay us to do anything.

You agree to “indemnify”, “defend” and “hold harmless” jane and all our people from anything coming from you that could negatively affect the balance of our bank account, including:

  1. All claims
  2. Damages
  3. Losses
  4. Liabilities
  5. Suits
  6. Actions
  7. Demands
  8. Proceedings (whether legal or administrative)
  9. Expenses (including your attorneys’ fees)
  10. Any and all of the above if a third-party tries to do anything which may result in a reduction of our bank balance;

This includes if you actually go ahead and do anything in the list above, or just threaten us to do them.

It also covers us if you do any of the above because of something that has happened when you used our web hosting service, or because you have broken the contract your end, or forgotten to do something you thought we should have done, or any other reason that we haven’t thought of.

Even if the agreement ends, this all still counts.

You are 100% not going to be taking us to the cleaners

Get this loud and clear: whatever happens, jane shall NOT be responsible for any damages your business may suffer.

The Services are provided on an “AS IS” and “AS AVAILABLE BASIS”.

That means that at no time did or do we (or any of our parties) make any legal warranties, expressed or implied, for our Services.

jane (and our parties) totally will not be held responsible (and in legal-speak, we “disclaim”) for any promise or “warranty” of merchantability or fitness for any particular purpose, including:

  • Loss of data resulting from delays or any other reason.
  • Errors
  • Delivery failures
  • Failures of security
  • Wrong deliveries
  • Wrong or inaccurate information
  • Any and all service interruptions caused by jane or our employees.

 A billion and more things can always go wrong in hosting, and so you agree that jane (and our parties) expressly disclaim any liability of any kind, for all and any of the above and anything else we’ve forgotten to mention.

Even if the agreement ends, this all still counts.

Updated on July 29, 2018

Was this article helpful?