Terms of Service
User Agreement
Your utilization of FlashHost Services is contingent upon the terms and conditions outlined in these FlashHost Terms of Service (the “Agreement”). This Agreement delineates (i) permissible actions when utilizing our Services; (ii) the entitlements you possess as a user of our Services; (iii) the prerogatives FlashHost holds if you engage in actions prohibited when using our Services; and (iv) numerous other significant provisions. This Agreement constitutes a legal contract between you and FlashHost, and it is imperative that you carefully review its contents. Should you require clarification on any aspect of this Agreement, please do not hesitate to contact us
This Agreement represents a binding legal contract between you and FlashHost, underscoring the significance of a thorough comprehension of its contents. We encourage you to conscientiously review this Agreement. Should you require clarification or assistance regarding any aspect of this Agreement, our team stands ready to provide assistance. Your satisfaction and understanding are paramount to us.
By accessing or using FlashHost Services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree with any part of this Agreement, please refrain from accessing or using our Services.
Eligibility, Registration and Account Security . This section outlines the eligibility criteria required from all users of FlashHost. When registering to use our Services (as defined below), it is imperative that you possess the legal capacity to enter into a contractual agreement with FlashHost.
HIPAA Disclaimer. FlashHost Services are not compliant with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). This section provides further details regarding our policy on HIPAA.
Subscriber’s Responsibilities. All Subscribers are required to adhere to applicable laws and assume specific responsibilities concerning their utilization of FlashHost Services. For instance, you must maintain backups of your data, promptly address any malware detected on your account, and collaborate with FlashHost while employing hardware and software compatible with our Services.
Payment FlashHost provides a wide array of Services tailored to meet the diverse needs of our users, offered at prices designed to accommodate various budgets. The fees you incur depend on the specific plan you select and any additional products you opt to purchase. All payments are collected in advance for the entire duration of your chosen plan.
Term and Automatic Renewal To guarantee continuous service, FlashHost Services will automatically renew on your renewal date. This section elaborates on this process in further detail.
Termination and Non-Payment FlashHost provides hosting plans for a specified duration of your choice at the time of purchase (e.g., 1 year, 2 years, etc.). While we hope you’ll stay with us indefinitely, we understand that circumstances may change, and you may decide to leave FlashHost at some point. Instructions for cancelling or disabling automatic renewal can be found.
Refund Policy This section outlines FlashHost’s 30-Day Money-Back Guarantee. If you purchase an account with a thirty (30) day money-back guarantee and choose to cancel within the initial thirty (30) days of your term, you are eligible to receive a full refund of all basic hosting fees paid.
Resource Usage Customers must use server resources efficiently and responsibly. Overuse of server CPU and memory resources by a customer may disrupt or hinder normal service performance for other customers. Further details regarding our policy on CPU, Bandwidth, and Disk Usage can be accessed…
The governing law and jurisdiction provision outlined in Section 26(a) shall apply to all Subscribers, in accordance with the laws of Kenya. For Subscribers who purchased or signed up for FlashHost Services after April 1, 2017, the arbitration clause in Section 26(b) shall also be applicable.
This Agreement constitutes a contract between FlashHost Inc. (“us,” “we,” “FlashHost,” or the “Company”) and you (“Subscriber” or “you” and “your”). It sets forth the general terms and conditions governing your use of the products and services provided by FlashHost and accessible through the FlashHost website (collectively, the “Services”). By utilizing the Services, you agree to be bound by this Agreement. Please review this Agreement carefully.
We reserve the right, at our sole discretion, to modify or amend this Agreement at any time. Notice of any significant changes to this Agreement will be posted on the FlashHost website for a minimum of thirty (30) days after the amendments are made. The date of the last revision of these terms will be indicated at the bottom of this Agreement. Any alterations or revisions to this Agreement become effective and binding on you as of the date specified in the notice posted on this page. If no date is specified, your continued use of the Services after such changes or modifications constitutes your acceptance of the modified Agreement. If you do not agree to comply with this Agreement, you are not permitted to use or access the Services, and your only recourse is to terminate your account.
The utilization of the Services is additionally regulated by the following policies and agreements, which are included by reference. By utilizing the Services, if applicable, you are also consenting to the terms outlined in the following policies and agreements. Certain Services may be subject to additional terms, which will be provided to you and incorporated by reference with those specific Services.(1)Privacy Notice
(2)Acceptable Use Policy
(3)Domain Name Dispute Policy
(4)Copyright Claims Policy
(5)Data Request Policy
(6)Anti Spam Policy
(7)Domain Registration Agreement
The Services are exclusively intended for individuals who are eighteen (18) years of age or older. Any registration, use of, or access to the Services by individuals under the age of eighteen (18) is unauthorized and constitutes a violation of this Agreement. By registering for or using the Services, you affirm and warrant that you are eighteen (18) years of age or older.
If you utilize the Services on behalf of another party, company, or organization, you affirm and warrant that you have the authority to bind such party, company, or organization to this Agreement and to act on its behalf in connection with the Services.
You agree to: (i) furnish accurate, up-to-date, and complete information about yourself and your organization (if applicable) as requested in the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other security-related information associated with your account; (iii) keep the Registration Data and any other information provided to FlashHost accurate, up-to-date, and complete; and (iv) assume full responsibility for all activities conducted through your account.
You acknowledge and agree that despite the security measures implemented by FlashHost in relation to the Services, our system and/or Subscriber Websites (as defined below) may still be vulnerable to compromise, including but not limited to, by hackers, Internet viruses, worms, or Trojan horses. In such instances, FlashHost may take appropriate corrective measures at its discretion, and you acknowledge and agree that FlashHost shall not be liable to you for any damages or losses incurred as a result of such corrective action. You further acknowledge and agree that you are solely responsible for backing up all Subscriber Content and Subscriber Websites.
Regarding Dedicated Servers, FlashHost reserves the right to reset the password on a dedicated server if the password on file is outdated to perform security audits as necessary. It is your responsibility to ensure that a valid email address and current root password are on file for your dedicated server to prevent downtime from forced password resets. FlashHost also reserves the right to conduct server audits and carry out administrative actions as required by our teams. Please note that dedicated servers are NOT backed up by us, and it is your responsibility to maintain backups.
The Services provided by FlashHost do not adhere to the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). As a user, you bear sole responsibility for ensuring compliance with all relevant laws governing the privacy and security of personal data, including medical or other sensitive information. You acknowledge that the Services are not suitable for storing or controlling access to sensitive data, such as information regarding children or medical or health-related details.
FlashHost does not oversee or monitor the information or data you store on or transmit through the Services. We explicitly disclaim any representation or warranty that the Services, as provided, align with HIPAA requirements. Users requiring secure storage of “Protected Health Information” as defined under HIPAA are strictly prohibited from utilizing the Service for such purposes. Storing and granting access to “Protected Health Information” constitutes a significant violation of this Agreement and may result in immediate account termination.
FlashHost does not enter into “Business Associate Agreements,” and you acknowledge that FlashHost does not serve as a Business Associate, subcontractor, or agent pursuant to HIPAA. Should you have inquiries regarding the security of your data, please contact us via phone or chat.
With the exception of Subscriber Content (as defined below), all content accessible through the Services, including designs, text, graphics, images, video, information, software, audio, and other files, as well as their selection and arrangement, and all software utilized to deliver the Services (collectively, “FlashHost Content”), are the property of FlashHost or its licensors. No FlashHost Content may be altered, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold, or exploited for any purpose, in any form, or by any means, in whole or in part, except as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or attempt to derive source code or other trade secrets from any FlashHost Content. Any use of the FlashHost Content other than as explicitly authorized herein is prohibited and will result in the automatic termination of your rights regarding your use of the Services and the FlashHost Content granted herein. All rights of FlashHost or its licensors that are not expressly granted in this Agreement are reserved to FlashHost and its licensors.
You have the capability to upload, store, publish, display, and distribute various types of content on or through the Services, collectively referred to as “Subscriber Content.” This encompasses any content posted by you and users of any websites hosted through the Services, known as “Subscriber Websites.” You bear full responsibility for all Subscriber Content and any transactions or activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content through the Services, you affirm and warrant to FlashHost that (i) you possess all necessary rights to post or distribute such Subscriber Content, and (ii) your posting or distribution of such Subscriber Content does not infringe upon or violate the rights of any third party.
You acknowledge and consent to the possibility that FlashHost may, at its discretion, monitor Subscriber Content and take immediate corrective measures, including but not limited to removing all or part of the Subscriber Content, suspending, or terminating Services, without refunding any prepaid fees. You agree that FlashHost shall not be held liable for any corrective action taken, including the suspension or termination of Services.
You hereby grant FlashHost a non-exclusive, royalty-free, worldwide right and license, to the extent necessary for providing the Services, to: (i) utilize, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish, and distribute Subscriber Content and the Subscriber Website; and (ii) create archival or backup copies of the Subscriber Content and the Subscriber Website. Apart from the rights expressly granted herein, FlashHost does not acquire any ownership interest in the Subscriber Content, which remains solely yours.
FlashHost complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your Subscriber Website. FlashHost will not monitor Subscriber Websites for compliance and therefore we are not able to verify whether your Subscriber Website complies with the PCI Standard.
You commit to following all relevant laws, rules, and regulations, including local regulations in Kenya where you reside or your organization is located, regarding User Content, User Websites, online activities, email, and your use of the Services. Specifically, you undertake to comply with all applicable laws concerning the transmission of technical data exported to or from Kenya or your country of residence.
While our offices are situated in Nairobi, Kenya, we manage and operate the Services. Even though we may share data with third parties worldwide to facilitate the provision of the Services, we do not claim that the Services are suitable or available for use in other locations. Individuals accessing the Services from other locations do so at their own discretion and assume all associated risks, bearing full responsibility for compliance with all applicable laws in those locations. We do not provide the Services in jurisdictions where prohibited by law.
For the purposes of relevant Kenyan laws and regulations concerning data protection and privacy, you acknowledge and agree that you act as the Controller (as defined by applicable laws), and we act as a Processor to the extent that you may store personal data through your use of our Services, solely as permitted and subject to the terms of this Agreement. Furthermore, you acknowledge and agree that you are responsible for fulfilling all obligations of a data controller under applicable Kenyan law.
If Kenyan data protection laws apply to you, you confirm and guarantee that, when using our Services, you will clearly outline in writing how you intend to use any personal data collected. Additionally, you will ensure that you have a legitimate legal basis to transfer such personal data to us and that you have obtained the necessary consent to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms outlined herein shall apply if you are a Controller subject to Kenyan data protection laws.
You will bear full responsibility for all activities conducted on or through a Subscriber Website, including any transactions or interactions with end users of a Subscriber Website. It is your sole responsibility to provide such end users with any necessary disclosure or explanation of the various features of the Subscriber Website and any goods or services offered thereon, as well as any terms of use and Privacy Notice for the Subscriber Website.
You will collaborate fully with FlashHost in connection with FlashHost’s provision of the Services. It is your sole responsibility to provide any equipment or software that may be necessary for you to utilize the Services. Any delays in your performance of your obligations under this Agreement will extend the time for FlashHost’s performance of its obligations that depend on your performance.
You will ensure that all Subscriber Content and Subscriber Websites are compatible with the hardware and software used by FlashHost to provide the Services, which hardware and software may be changed by FlashHost from time to time at its sole discretion.
You will undertake the sole responsibility for backing up all Subscriber Content, including any Subscriber Websites, off of FlashHost’s servers. This is a proactive duty. FlashHost is not liable for any loss of Subscriber Content. Note: It is crucial that Subscribers back up files offline, even if they purchase or have products such as Site Backup and Restore.
You will exert your best efforts to ensure that the Subscriber Content is and will at all times remain free of all computer viruses, worms, Trojan horses, and other malicious code.
You will refrain from using the Services in any manner, as determined by FlashHost in its sole discretion, that:
Engages in or promotes illegal activity;
Engages in or promotes behavior that is defamatory, harassing, abusive, or otherwise objectionable;
Infringes the intellectual property rights or other proprietary rights of any third party;
Violates the privacy rights or publicity rights of any third party;
Interferes with the operation of the Services; or
Violates the terms and conditions of this Agreement or any of the policies or agreements incorporated by reference herein.
The Services may include links to websites not owned or managed by Flashhost (“Third Party Sites”), as well as content from third parties like articles, photos, text, graphics, videos, and more (“Third Party Content”). We don’t investigate, monitor, or verify the accuracy, suitability, or completeness of such Third Party Sites and Third Party Content. Flashhost is not liable for any Third Party Sites accessed through the Services or any Third Party Content posted on or available through the Services. This includes the content, accuracy, appropriateness, opinions, reliability, privacy practices, or other policies of Third Party Sites or Third Party Content. If you choose to access Third Party Sites or use Third Party Content, you do so at your own risk, and our terms and policies don’t apply. It’s advisable to review the relevant terms and policies, including privacy practices, of any site you visit.
Fees Due. You will pay to Flashhost all fees for the Services set forth in the registration form presented to you at the time you order the Services. All fees are non-refundable when paid except as otherwise provided herein.
Pricing. Flashhost may change our prices from time to time. Flashhost may increase the fees for the Services (i) as permitted in the applicable Service description published on the Flashhost website or in a promotional offer (collectively, the “Service Description”), and (ii) at any time on or after the expiration of the Initial Term by providing at least thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the Subscriber billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information provided by Flashhost through the Subscriber billing tool or other methods of communications and notices sent or posted by Flashhost.
Taxes. The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to Flashhost’s invoices for the fees as separate charges to be paid by you.
Add-On Services. If you purchase certain add-on services from Flashhost such as Domain Privacy, SSL certificates, or security services, you may be required to apply the Service to a specific domain name to begin using the Service. Flashhost is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.
Disputes. You have ninety (90) days to dispute any charge or payment processed by Flashhost. If you have a question concerning a charge you believe is incorrect, please call us at 0714401000. If you initiate a chargeback, there may be a minimum charge of ksh5000.00 plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes.
Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.
Foreign Currencies. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Flashhost is not responsible for any change in exchange rates between the time of payment and the time of refund..
1. Failure to Pay: If you fail to pay the fees owed for the Services, Flashhost may suspend or terminate your Services and seek collection costs, including arbitration and legal fees, as well as reasonable attorneys’ fees. For any returned checks due to insufficient funds, Flashhost may impose a minimum processing charge of $25.00 plus applicable taxes. Accounts will remain inactive until all outstanding amounts are settled. Flashhost is not liable for any deleted or lost Subscriber Content resulting from suspension or termination of Services.
1. Dedicated Servers: In case of late payment, dedicated servers are not automatically reactivated. Contact Flashhost’s billing department to discuss reactivation options.
2.Termination Procedure: You can terminate the Services at any time during the Term by notifying Flashhost by phone at 0714401000 or via online chat. The cancellation request is subject to verification of account and/or domain ownership at Flashhost’s discretion. Upon cancellation, you are responsible for paying all accrued fees and charges prior to the cancellation date, subject to the terms of any applicable thirty (30) day money-back guarantee. After account cancellation, all Subscriber Content will be permanently removed from the server. Ensure to backup all Subscriber Content before contacting Flashhost to cancel your account.
3. Termination by Flashhost Flashhost reserves the right to terminate your access to the Services, in whole or in part, without notice if: (i) you fail to pay any fees owed to Flashhost; (ii) you violate the terms and conditions of the Agreement; (iii) your conduct harms Flashhost or others, causes liability, or disrupts Flashhost’s business operations; (iv) you engage in abusive behavior towards Flashhost’s staff; or (v) for any other lawful reason. In such cases, Flashhost will not refund any prepaid fees, and you are obligated to pay all fees accrued prior to termination.
4. Modification of Services: Flashhost reserves the right to modify, change, or discontinue any aspect of the Services at any time.
5.
1. Web Hosting Accounts: Upon termination, Subscriber Content, Subscriber Websites, and other data will be deleted. Subscribers are solely responsible for maintaining backup copies of all data. Flashhost is not liable for any loss of Subscriber Content.
2. VPS and Dedicated Accounts: Upon termination, access to cPanel accounts will be restricted for approximately seven (7) days. If the account remains unrenewed after eight (8) days, the server will be suspended for approximately thirteen (13) days. Dedicated servers with outstanding invoices for more than twenty-one (21) days may be subject to data deletion. Flashhost is not responsible for any data loss resulting from deletion.
3. Flashhost reserves the right to terminate any account that has been suspended or deactivated for thirty (30) days, resulting in the loss of all stored data.
1. 30 Day Money-Back Guarantee:
1.1. If you purchase an account with a thirty (30) day money-back guarantee, you are eligible for a full refund of shared, VPS, and dedicated hosting fees paid (“Money-back Guarantee Refund”) if canceled within the first thirty (30) days of the Initial Term (“Money-back Guarantee Period”). To request a Money-back Guarantee Refund, please contact our billing department by calling 0714401000 or using our online Live Chat. The Money-back Guarantee Refund is subject to compliance with the terms and conditions of this Section 14. It applies only to hosting plans and certain add-on products or services. Exclusions include Flashhost Cloud Hosting Plans, Services with a monthly term, domain registration fees, setup fees, or any fees for additional Services.
1.2. The Money-back Guarantee Refund is applicable for credit card payments only. Due to processing costs associated with other payment methods, we cannot offer the Money-back Guarantee Refund for those methods.
2. Nonrefundable Fees:
2.1. Fees paid for product or add-on services, including Flashhost Cloud Hosting Plans, SSL certificates, AppMachine, Site Backup Pro, Pay Per Click Marketing (PPC), cPanel QuickStart, WordPress QuickStart, Site Doctor, website transfer, Design Service Standard, Design Service Plus, Design Service Premium, SEO Package, SiteLock, domain privacy, and domain names are non-refundable. Payments made by check for $10.00 or less are also non-refundable due to processing fees, unless otherwise specified.
3. Domain Registration Fees:
3.1. If you cancel the Services within thirty (30) calendar days and request a refund in compliance with Section 14, you will receive a Money-back Guarantee Refund. However, if you registered any domain name as part of a “Free Domain Name” promotion, your refund will be reduced by the regular cost per domain name. You will retain full ownership and control of any such domain names.
4. Cancellations After 30 Days: Flashhost does not offer refunds for cancellations occurring after thirty (30) calendar days following the purchase.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLASHHOST AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “FLASHHOST PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE FLASHHOST PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE FLASHHOST PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY FLASHHOST OR FLASHHOST’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. FLASHHOST DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. FLASHHOST DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR FLASHHOST IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Term of Service. FLASHHOST SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE FLASHHOST PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITE, OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF FLASHHOST IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Payment. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FLASHHOST’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FLASHHOST FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, FLASHHOST’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.