Terms Of Service

Terms and conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the https://cognitohosting.org and https://vpn.cognitohosting.org website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and this Website operator (“Operator”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of this Website and Services.

Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet Protocol address to prevent further registration.

Personal Information Gathering

We may collect both “Non-Personal Information” and “Personal Information” about you. “Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” includes information that can be used to personally identify you, such as your name, email address, nationality and payment processing account details. In addition, we may also track information provided to us by your browser and mobile device IDs when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you.

User Privacy

By disclosing any data and personally identifying information to us, you agree to our Privacy Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. For more information, please read our Policy.

Content Moderation

Cognito Hosting encourages you to report violations of our Terms. Cognito Hosting has the right, but not the obligation, to monitor any activity and user generated content (e.g. names, photos, posts, feedback, images, comments, graphics, questions and other content) to determine compliance thereof, and to edit, refuse to post or remove any material or content submitted to or posted the Site that we find to be in violation of this Policy or that is otherwise objectionable. You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and use of our products and services.

Services Offered

Cognito Hosting is a web hosting and VPN Service where users can buy web hosting and a vpn run by us. Our Services include, but will not be limited to, promotion and delivery of the vpn license keys and web hosting. Cognito Hosting agrees to furnish its online market place services (the “Services”) to: (i) the visitors that browse the Site; (ii) buyers registered into the Site; and (iii) any other users that have opened an account, all subject to the following Terms.

Orders and Delivery

Once an order is placed, we will proceed to authorize the digital key or digital goods to you. This process should take no more than 5 minutes. After purchase of CognitoVPN, you will automatically receive a ‘key’ which is to be redeemed on https://vpn.cognitohosting.org. After purchase of Cognito web hosting, the DirectAdmin panel to control your allocated service can be accessed via client area or https://cognitohosting.org:2222. There may be occasions where a product that is listed on the Site has been incorrectly listed (e.g. typographical error or system error). In such case, Cognito Hosting hereby reserves the right to refuse or cancel any orders placed for any and all products incorrectly listed. If your payment processing method has already been charged, Cognito Hosting will cancel your order and issue a refund or credit to your payment processing account in the amount of the incorrect price. Cognito Hosting will undertake its reasonable commercial efforts to ensure that the quoted prices and descriptions are true, accurate, updated and correct, but not withstanding the foregoing, Cognito Hosting cannot fully guarantee such information. Accordingly, the digital key and digital goods provided via the Site may or will be discontinued, and their specifications, availability, eligibility, compatibility, prices and characteristics will be subject to change at any time, without prior notice and without any responsibility on behalf of Cognito Hosting.

Refund Policy

Users and customers are not allowed to make any sort of altercations to the price, the amount they paid, to the website, our products, our files, or anything that belongs to our corporation. We have the right to refuse refunds, replacements, and other solutions should we deem it necessary. We are not responsible for anything that is not in our control, whether it be sharing payment information, our sponsors/partners, or competitors products. We are responsible for our own items and services. We do not issue refunds unless for specific circumstances, and only specific individuals can approve refunds. Otherwise, for certain products customers may be eligible for a replacement if it fits inside the warranty agreement time clause. Any chargebacks that are useless and are deemed to manipulate the system to get back a refund, will not only dismiss the case in our favor, but will bar you from purchasing from our website or participating in our server ever again. Please think carefully before performing reckless decisions. Refunds are non-negotiable and non-permittable, regardless of the situation unless granted by a person within the management hierarchy. As such, you agree to this statement the moment you purchase an item/service from our website.

Warranty

To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind. Cognito Hosting, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment. Unless expressly indicated to the contrary by us, any and all virtual items and digital goods sold are legit and/or comply with the terms and conditions of the third parties that provide the video game, server environment or online marketplaces for such items and goods. In no event shall Cognito Hosting, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related to, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Cognito Hosting, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages. When buying digital keys and web hosting from us especially license keys you agree that you are buying a service that can stop being supported if the owners of that service are terminating their service. In this case you will not be able to refund any of your purchase as you have already redeemed keys/used the service. The services you are buying from Cognito Hosting is therefore valid for the duration of the key or length of time that the service was purchased, no refunds are possible if the service is terminated or its services are disabled. If anything happens to your account after the services has been redeemed we are not responsible (example: Violationg tos). For these kind of events you won’t be able to refund.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Service

Cognito Hosting only offers support for it's services and websites on our hosting. No modifications will be made by us if the service (such as websites, hosting panels or edits) is not directly hosted by us and payments made to us. services which are moved to another host or have had edits made by users that are not part of the Cognito Hosting team invalidates our requirement to offer our services to you and may lead to a termination of your service or website development. Cognito Hosting has no requirement to refund or fulfill an order made the customer as they have violated our terms of service.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one euro or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural local laws without regard to its rules on conflicts or choice of law and, to the extent applicable. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts local laws, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

admin@cognitohosting.org

This document was last updated on 18 July 2022

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