Terms of Service

This Agreement governs your purchase and use, in any manner, of all Web site creation/development, ordered by you and accepted by Ark Web and describes the terms and conditions that apply to such purchase and use of the Service. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Ark Web reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Ark Web may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Ark Web’s posting of any changes or modifications will constitute your acceptance of such changes or modifications.

1.Payment. As consideration for Ark Web providing the website creation Services hereunder, Customer agrees to pay Ark Web the minimum of fifty (50)% of the estimated project cost on project commencement and the remaining balance on completion date. The full payment can be deposited but will not be cleared until the completion of the Creation Project. Payment can be made via Payment Gateway Stripe or Bank Transfer. Failure. Quotations are valid for a period of thirty (30) days. Ark Web reserves the right to alter or decline a quotation after expiry of the thirty (30) days. Your website will only become available after the final payment has been completed. Ark Web reserve the right to remove any content if payment is not made after seven (7) including deletion of files. Ark Web are not responsible for any content lost during this timeframe. Customer agrees to complete the final payment, plus any expenses, including legal fees and costs from third-party agencies incurred by Ark Web when implementing these terms of service. SEO. Customers who require Search Engine Optimisation (SEO) agree to pay 25% of the projected quote price upfront in to begin the SEO implementation. Failure to do so will could mean a delay to the expected completion date. Any additional costs up to and including Hosting, Maintenance, Domains, and any other additional charges are not included in the Customer quotation.

2. Returns. As consideration for Ark Web providing the website creation services hereunder, Customer agrees to pay Ark Web the aggregate milestone or complete fee on project completion and the terms selected. Should you chose for Ark Web to no longer develop your Creation Project and also do not want the project files we have created, you will be refunded 30% of the total balance paid to the date of cancellation request. Should you decide for Ark Web to no longer develop your Creation Project and also want the project files we have created, you will be refunded 10% of the total balance paid to the date of cancellation request.

3. Provision of Services. Ark Web will provide Customer with the services ordered including but not limited to, website research, design, development, update or redesign. Customer understands and agrees the Ark Web will create the website solely in accordance with the information provided by Customer and included in the design brief. Ark Web create and test all websites on the most commonly used web browsers including, but not limited to, Safari, Firefox, Chrome & Opera. All responsive projects are tested on Apple iPhones and iPads. Ark Web however cannot guarantee the complete functionality or mirrored layout on every browser. Ark Web cannot be held liable for an altered website appearance after a web browser has been updated. Customer understands that unforeseen circumstances can take place which delay the development process, including and up to, hardware, software and service including third-party service issues. Ark Web will do everything in their power to inform the Customer of any possible delays in good time, and provide a new milestone date when possible.

4. Client Assessment. Ark Web will provide each Customer the opportunity to view and the critique any information on the website during the agreed dates or milestone. The Customer then has seven (7) days to share any alterations or additional elements. If the Customer would like to provide any alterations or additional elements outside of those seven (7) days, a fee will be applicable to the amount that Ark Web deem appropriate. On completion of the project, Customers have thirty (30) days to confirm their project is free of any bugs or programming errors. After thirty (30) days, a fee will be applicable to rectify any bugs are programming errors. Projects are built with the maximum speed and efficiency possible, however use on a non Ark Web server may not perform at the same rate. Ark Web cannot be held liable for any loss of performance as a consequence. If Ark Web create a project that will not be hosted on Ark Web servers, Ark Web will not grant access to the server side information or back end access.

5. Client Responsibilities. It is the Customer who is responsible to provide any content as agreed in the Project Brief which has been requested at the start of the project. Ark Web cannot be held responsible for any delays creating your website due to information missing from the Customer. If Ark Web is unable to complete the project due to missing information from the customer for more than sixty (60) days, the project will be put on hold and the Customer is required to clear the outstanding balance.

6. Affiliates. An affiliate customer cannot earn commission on the purchase of their own website hosting account and/or purchases made on their own billing account. Failure to adhere to this could result in your account being deleted. Ark Web own the right to hold or cancel an affiliate account at any time.

7. Privacy. Ark Web will not access or share any files uploaded by Customer unless granted permission via email, phone, message, or any other method of communication.

8. Rights to the Web Site and Content. With the expectation of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. “Customer Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to Ark Web. “Third-Party Materials” means any content, software, or other computer programming material that is owned by an entity other than Ark Web, and licensed by Ark Web or generally available to the public, including Customer, under published licensing terms, and that Ark Web will use to display or run a Web site. Ark Web owns the rights to the design of the web site. If a customer stops paying the monthly or yearly fee for the web site upon cancellation the customer is not entitled to use the web site for any purpose whatsoever. It is your responsibility, the customer, to retain all project files post completion of the project. Ark Web will not be held liable for any loss of any completed projects. Saving your files is entirely you, the customers, responsibility.

9. Limited License to the Background Technology. “Background Technology” means computer programming/formatting code or operating instructions developed by or for Ark Web and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as a style sheets, animation templates, interface programs that link multimedia and other programs, customised graphics manipulation engines, and menu utilities whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute and Background Technology to any third party without the prior written consent of Ark Web. All rights to the Background Technology not expressly granted to Customer hereunder are retained by Ark Web. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.

10. Limited License to Content. Customer hereby grants to Ark Web the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to Ark Web hereunder, solely for the purpose if rendering Ark Web’s Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.

11. Content Standards. Customer agrees not to provide Customer Content, and Ark Web will not intentionally provide to Customers and content, that (a) infringes on any third party’s intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes citizens’ rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then customer agrees to comply with all applicable local and national laws. Ark Web reserves the right to refuse any other subject matter it deems inappropriate.

12. Support. Ark Web agrees to provide reasonable technical support by email to Customer during Ark Web’s normal technical support hours should Customers hosting package provide it.

13. Term and Termination. (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) Ark Web may terminate this Agreement after thirty (30) days’ written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such thirty (30) day period; and (c) upon the termination of his Agreement, Customer will pay Ark Web for all services provided to Customer by Ark Web prior to termination. Sections 2, 3, 4, 5, 9, 11, and 12 will survive termination of this Agreement.

14. Warranty Disclaimer. Except as expressly provided in this Agreement, the Services are provided “as is” and Ark Web expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that Ark Web will not be liable for any temporary delay, outages or interruptions of the Service. Each party acknowledges that is has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by Ark Web to a Customer will be deemed accepted when delivered.

15. Indemnity. (a) Customer Indemnity. Customer will defend Ark Web against any third-party claim, action, suit, or proceeding alleging any breach of covenants contained in Section 6. Subject to Section 11, Customer shall indemnify Ark Web for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Ark Web as a result of any such third-party claim, action, suit, or proceeding. (b) Ark Web’ Indemnity. Ark Web will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Ark Web shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit or proceeding. (c) Mechanics of Indemnity. The indemnifying party’s obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnifying party is seeking indemnity; (ii) granting control of the defence and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party at the indemnifying party’s expense.

16. Limitation of Liability. ARK WEB’S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO ARK WEB DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. ARK WEB SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION FO BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ARK WEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, ARK WEB WOULD NOT ENTER INTO THIS AGREEMENT.

Revision Date: 8 November 2018

This Hosting Agreement governs your purchase and use, in any manner, of all Web site hosting, ordered by you and accepted by Ark Web and describes the terms and conditions that apply to such purchase and use of the Service. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Ark Web reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Ark Web may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Ark Web’s posting of any changes or modifications will constitute your acceptance of such changes or modifications.

1. Payment. As consideration for Ark Web providing the Hosting Services hereunder, Customer agrees to pay Ark Web the aggregate monthly or yearly fee based on the monthly or yearly hosting services and the terms selected.

2. Provision of Services. Ark Web will provide Customer with the services ordered that are described in the Hosting Package Features elsewhere in this document. Customer understands and agrees the Ark Web will host and create the Web site solely in accordance with the information provided by Customer.

3. Affiliates. An affiliate customer cannot earn commission on the purchase of their own website hosting account and/or purchases made on their own billing account. Failure to adhere to this could result in your account being deleted. Ark Web own the right to hold or cancel an affiliate account at any time.

4. Privacy. Ark Web will not access or share any files uploaded by Customer unless granted permission via email, phone, message, or any other method of communication.

5. Rights to the Web Site and Content. With the expectation of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. “Customer Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to Ark Web. “Third-Party Materials” means any content, software, or other computer programming material that is owned by an entity other than Ark Web, and licensed by Ark Web or generally available to the public, including Customer, under published licensing terms, and that Ark Web will use to display or run a Web site. Ark Web owns the rights to the design of the web site. If a customer stops paying the monthly or yearly fee for the web site upon cancellation the customer is not entitled to use the web site for any purpose whatsoever.

6. Limited License to the Background Technology. “Background Technology” means computer programming/formatting code or operating instructions developed by or for Ark Web and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as a style sheets, animation templates, interface programs that link multimedia and other programs, customised graphics manipulation engines, and menu utilities whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute and Background Technology to any third party without the prior written consent of Ark Web. All rights to the Background Technology not expressly granted to Customer hereunder are retained by Ark Web. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.

7. Limited License to Content. Customer hereby grants to Ark Web the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to Ark Web hereunder, solely for the purpose if rendering Ark Web’s Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.

8. Content Standards. Customer agrees not to provide Customer Content, and Ark Web will not intentionally provide to Customers and content, that (a) infringes on any third party’s intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes citizens’ rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then customer agrees to comply with all applicable local and national laws. Ark Web reserves the right to refuse any other subject matter it deems inappropriate.

9. Support. Ark Web agrees to provide reasonable technical support by email to Customer during Ark Web’s normal technical support hours should Customers hosting package provide it.

10. Term and Termination. (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) Ark Web may terminate this Agreement after seven (7) days’ written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such seven (7) day period; and (c) upon the termination of his Agreement, Customer will pay Ark Web for all services provided to Customer by Ark Web prior to termination. Sections 2, 3, 4, 5, 9, 11, and 12 will survive termination of this Agreement.

11. Warranty Disclaimer. Except as expressly provided in this Agreement, the Services are provided “as is” and Ark Web expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that Ark Web will not be liable for any temporary delay, outages or interruptions of the Service. Each party acknowledges that is has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by Ark Web to a Customer will be deemed accepted when delivered.

12. Indemnity. (a) Customer Indemnity. Customer will defend Ark Web against any third-party claim, action, suit, or proceeding alleging any breach of covenants contained in Section 6. Subject to Section 11, Customer shall indemnify Ark Web for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Ark Web as a result of any such third-party claim, action, suit, or proceeding. (b) Ark Web’ Indemnity. Ark Web will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Ark Web shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit or proceeding. (c) Mechanics of Indemnity. The indemnifying party’s obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnifying party is seeking indemnity; (ii) granting control of the defence and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party at the indemnifying party’s expense.

13. Limitation of Liability. ARK WEB’S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO ARK WEB DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. ARK WEB SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION FO BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ARK WEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, ARK WEB WOULD NOT ENTER INTO THIS AGREEMENT.

Revision Date: 15 October 2018

This Hosting Agreement governs your purchase and use, in any manner, of all Web site hosting, ordered by you and accepted by Ark Web and describes the terms and conditions that apply to such purchase and use of the Service. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Ark Web reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Ark Web may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Ark Web’s posting of any changes or modifications will constitute your acceptance of such changes or modifications.

1. Payment. As consideration for Ark Web providing the Hosting Services hereunder, Customer agrees to pay Ark Web the aggregate monthly or yearly fee based on the monthly or yearly hosting services and the terms selected. Payment can be made via Payment Gateway Stripe or Bank Transfer. Ark Web reserve the right to remove any element of the maintenance service if payment is not made after seven (7) including cancellation of service. Ark Web are not responsible for any issues during this timeframe. Customer agrees to complete the final payment, plus any expenses, including legal fees and costs from third-party agencies incurred by Ark Web when implementing these terms of service.

2. Provision of Services. Ark Web will provide Customer with the services ordered that are described in the maintenance Package features elsewhere in this document. Customer understands and agrees the Ark Web will maintain the Web site solely in accordance with the information provided by Customer.

3. Affiliates. An affiliate customer cannot earn commission on the purchase of their own website hosting account and/or purchases made on their own billing account. Failure to adhere to this could result in your account being deleted. Ark Web own the right to hold or cancel an affiliate account at any time.

4. Privacy. Ark Web will not access or share any files uploaded by Customer unless granted permission via email, phone, message, or any other method of communication.

5. Rights to the Web Site and Content. With the expectation of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. “Customer Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to Ark Web. “Third-Party Materials” means any content, software, or other computer programming material that is owned by an entity other than Ark Web, and licensed by Ark Web or generally available to the public, including Customer, under published licensing terms, and that Ark Web will use to display or run a Web site. Ark Web owns the rights to the design of the web site. If a customer stops paying the monthly or yearly fee for the web site upon cancellation the customer is not entitled to use the web site for any purpose whatsoever.

6. Limited License to the Background Technology. “Background Technology” means computer programming/formatting code or operating instructions developed by or for Ark Web and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as a style sheets, animation templates, interface programs that link multimedia and other programs, customised graphics manipulation engines, and menu utilities whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute and Background Technology to any third party without the prior written consent of Ark Web. All rights to the Background Technology not expressly granted to Customer hereunder are retained by Ark Web. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.

7. Limited License to Content. Customer hereby grants to Ark Web the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to Ark Web hereunder, solely for the purpose if rendering Ark Web’s Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.

8. Content Standards. Customer agrees not to provide Customer Content, and Ark Web will not intentionally provide to Customers and content, that (a) infringes on any third party’s intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes citizens’ rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then customer agrees to comply with all applicable local and national laws. Ark Web reserves the right to refuse any other subject matter it deems inappropriate.

9. Support. Ark Web agrees to provide reasonable technical support by email to Customer during Ark Web’s normal technical support hours should Customers hosting package provide it.

10. Term and Termination. (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) Ark Web may terminate this Agreement after seven (7) days’ written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such seven (7) day period; and (c) upon the termination of his Agreement, Customer will pay Ark Web for all services provided to Customer by Ark Web prior to termination. Sections 2, 3, 4, 5, 9, 11, and 12 will survive termination of this Agreement.

11. Warranty Disclaimer. Except as expressly provided in this Agreement, the Services are provided “as is” and Ark Web expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that Ark Web will not be liable for any temporary delay, outages or interruptions of the Service. Each party acknowledges that is has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by Ark Web to a Customer will be deemed accepted when delivered.

12. Indemnity. (a) Customer Indemnity. Customer will defend Ark Web against any third-party claim, action, suit, or proceeding alleging any breach of covenants contained in Section 6. Subject to Section 11, Customer shall indemnify Ark Web for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Ark Web as a result of any such third-party claim, action, suit, or proceeding. (b) Ark Web’ Indemnity. Ark Web will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Ark Web shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit or proceeding. (c) Mechanics of Indemnity. The indemnifying party’s obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnifying party is seeking indemnity; (ii) granting control of the defence and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party at the indemnifying party’s expense.

13. Limitation of Liability. ARK WEB’S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO ARK WEB DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. ARK WEB SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION FO BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ARK WEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, ARK WEB WOULD NOT ENTER INTO THIS AGREEMENT.

Revision Date: 31 October 2018