Terms of Service
These Terms of Service ("Terms" or "Agreement") constitute a legally binding contract between Adminbolt, Inc., a Delaware corporation, and the entity or individual that accesses, purchases, installs, or uses the Adminbolt platform, software, and related services made available through https://adminbolt.com.
By accessing, downloading, installing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately cease all access to and use of the Service.
Effective Date: March 22, 2026. Last Updated: March 22, 2026.
1. Definitions
For purposes of this Agreement, the following terms shall have the meanings set forth below:
1.1 "Account"
Means the registered account created by Customer to access the Service, including the Adminbolt billing portal, licensing systems, downloads, and administrative interfaces.
1.2 "Affiliate"
Means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means ownership of more than fifty percent (50%) of the voting interests of such entity.
1.3 "Authorized User"
Means an individual who is authorized by Customer to access and use the Service under Customer's Account.
1.4 "Confidential Information"
Means all non-public information disclosed by either party to the other, whether orally, in writing, or by electronic means, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
1.5 "Customer Content"
Means any data, information, code, configuration files, databases, email, website content, or other materials uploaded, stored, transmitted, or processed by Customer or Customer's end users through or in connection with the Service.
1.6 "Documentation"
Means the technical documentation, user guides, API reference materials, and other instructional materials made available by Adminbolt at https://docs.adminbolt.com or through the Service.
1.7 "Intellectual Property Rights"
Means all patents, copyrights, trademarks, trade secrets, trade dress, domain names, moral rights, and any other intellectual or industrial property rights, including applications, renewals, and extensions thereof, under the laws of any jurisdiction.
1.8 "License Key"
Means the unique identifier issued by Adminbolt that activates and authorizes use of the Software on a designated server or infrastructure.
1.9 "Order"
Means each order for the Service submitted by Customer through the Adminbolt billing portal, website, or any other ordering mechanism accepted by Adminbolt, specifying the applicable plan, pricing, and license parameters.
1.10 "Service"
Means the Adminbolt hosting control panel platform, including the Software, website located at https://adminbolt.com, Documentation, updates, upgrades, patches, APIs, integrations, and all related services provided by Adminbolt.
1.11 "Software"
Means the proprietary Adminbolt control panel software, including all components, modules, agents, and associated code, as installed on Customer's server infrastructure.
1.12 "Subscription Term"
Means the period during which Customer is authorized to access and use the Service, as specified in the applicable Order.
1.13 "Third-Party Services"
Means any products, services, software, or platforms not provided by Adminbolt, including but not limited to LiteSpeed, CloudLinux, Imunify, WHMCS, Upmind, HostBill, Softaculous, MailChannels, Let's Encrypt, Cloudflare, and JetBackup.
2. Eligibility and Account Registration
2.1 Eligibility.
The Service is designed for business and professional use. By using the Service, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you are acting on behalf of a company, organization, or other business entity, or in a professional or commercial capacity; (c) you have the legal capacity and authority to enter into this Agreement; and (d) your use of the Service does not violate any applicable law or regulation.
2.2 Account Creation.
To access certain features of the Service, you must create an Account. You agree to:
- Provide accurate, current, and complete registration information
- Maintain and promptly update such information to keep it accurate, current, and complete
- Maintain the confidentiality of your Account credentials
- Restrict access to your Account to Authorized Users only
- Notify Adminbolt immediately upon becoming aware of any unauthorized use of your Account or any other breach of security
2.3 Account Responsibility.
You are solely responsible for all activities that occur under your Account, whether or not authorized by you. Adminbolt shall not be liable for any loss or damage arising from your failure to comply with the foregoing obligations. Adminbolt reserves the right to suspend or terminate any Account that it reasonably believes has been compromised or is being used in violation of these Terms.
3. Service Description
3.1 Overview.
Adminbolt provides a hosting control panel platform that enables Customers to manage web servers, email, databases, DNS, security, file management, and developer tools through a unified interface. The Service is designed for hosting providers, agencies, freelancers, and self-hosted environments.
3.2 Features.
The Service includes, subject to the applicable plan and Subscription Term:
- Web server management with support for LiteSpeed and other web server software
- Email server configuration and management
- Database creation and administration
- DNS zone management and domain administration
- SSL/TLS certificate issuance and management via Let's Encrypt
- Security tools including web application firewall, malware scanning, and brute-force protection
- File management and FTP/SFTP access
- Developer tools including REST API, web terminal, and Git deployment
- Multi-server management from a single dashboard
- Integration capabilities with supported Third-Party Services
3.3 Service Plans.
Adminbolt offers multiple service plans, currently including: (a) VPS/Cloud, for use on virtual machines and cloud instances; (b) Bare Metal, for use on physical dedicated servers; and (c) Standalone, for single-server use with limited user accounts, available exclusively through the Partner and Reseller Program. All plans include the full Adminbolt feature set. Plan details, pricing, and availability are as described on the Adminbolt website and are subject to change in accordance with Section 22. The Standalone plan is governed by the terms of the applicable Partner and Reseller Program agreement.
3.4 Free Trial.
Adminbolt may offer a free trial period for certain plans. Unless otherwise stated, the free trial is thirty (30) days in duration and does not require a credit card. At the conclusion of the free trial, continued access to the Service requires purchase of a paid subscription. Adminbolt reserves the right to modify, limit, or discontinue the free trial offering at any time without notice.
3.5 Third-Party Services.
The Service may integrate with or provide access to Third-Party Services. Adminbolt does not control Third-Party Services and is not responsible for their availability, accuracy, content, or security. Your use of Third-Party Services is governed by the terms and conditions of the applicable third-party provider. Adminbolt makes no representations or warranties regarding Third-Party Services and shall have no liability arising from your use thereof.
4. Fees, Billing, and Payment
4.1 Fees.
Customer shall pay all fees applicable to the Service as specified in the applicable Order. Current pricing is available at https://adminbolt.com/pricing/. All fees are stated in United States Dollars (USD) unless otherwise specified.
4.2 Payment Authorization.
By providing a payment method, you authorize Adminbolt to charge that payment method for all applicable fees, including recurring subscription charges. Adminbolt accepts payment via major credit cards (Visa, Mastercard, American Express), PayPal, Apple Pay, and Google Pay, subject to availability.
4.3 Subscription Renewals.
Unless otherwise stated in the applicable Order, subscriptions automatically renew for successive periods equal to the initial Subscription Term at the then-current pricing. Customer must cancel the subscription before the renewal date to avoid being charged for the subsequent billing cycle. Cancellation requests must be submitted through the Adminbolt billing portal.
4.4 Non-Refundable Fees.
ALL FEES ARE NON-REFUNDABLE. Adminbolt does not provide refunds or credits for any partial subscription periods, unused time, downgraded plans, or early cancellation, except as expressly required by applicable law or as otherwise expressly agreed in a separate written agreement between Customer and Adminbolt. Notwithstanding the foregoing, if Customer is located in a jurisdiction that mandates a cooling-off period or right of withdrawal, Customer may exercise such right in accordance with applicable law.
4.5 Taxes.
All fees are exclusive of, and Customer is responsible for, all applicable sales, use, value-added, goods and services, withholding, and other taxes, levies, and duties imposed by any governmental authority, excluding taxes based solely on Adminbolt's net income.
4.6 Late Payment.
If any payment is not received by Adminbolt by the due date, Adminbolt reserves the right to: (a) charge interest on overdue amounts at the rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is less; (b) suspend access to the Service until all outstanding amounts are paid in full; and (c) pursue collection through lawful means, with Customer responsible for all costs of collection, including reasonable attorneys' fees.
4.7 Price Changes.
Adminbolt reserves the right to modify its pricing at any time. Price changes for existing subscriptions will take effect at the start of the next renewal period following at least thirty (30) days' prior written notice to Customer. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.
5. License Grant and Restrictions
5.1 License Grant.
Subject to Customer's compliance with these Terms and payment of all applicable fees, Adminbolt hereby grants Customer a limited, non-exclusive, non-transferable, non-sublicensable (except that Customer may permit its end users to access the control panel interface solely for the purpose of managing their own hosting accounts), revocable license during the Subscription Term to: (a) install and use the Software on the server infrastructure designated in the applicable Order; (b) access and use the Documentation in connection with Customer's authorized use of the Service; and (c) use the Service for Customer's internal business operations, including the provision of hosting services to Customer's own end users.
5.2 License Parameters.
The license granted under Section 5.1 is limited to the specific parameters defined in the applicable Order, which may include, without limitation, a designated IP address, server type (virtual or physical), number of user accounts, or other resource limitations. Use of the Software beyond these parameters constitutes a material breach of this Agreement.
5.3 Restrictions.
Customer shall not, and shall not permit any third party to:
- Copy, modify, adapt, translate, or create derivative works based on the Software or Documentation
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive or access the source code of the Software, except to the extent expressly permitted by applicable law that cannot be waived by contract
- Sublicense, lease, rent, loan, sell, resell, distribute, or otherwise transfer the Software or any rights therein to any third party
- Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in the Software or Documentation
- Use the Software on any server or infrastructure not authorized under the applicable Order
- Circumvent or attempt to circumvent any licensing restrictions, technical controls, or usage limitations of the Software
- Use the Software to develop a competing product or service
- Use unauthorized, modified, pirated, or cracked versions of the Software
5.4 Reservation of Rights.
Adminbolt retains all right, title, and interest in and to the Software, Documentation, and Service, including all Intellectual Property Rights therein. No rights are granted to Customer except as expressly set forth in this Agreement. All rights not expressly granted are reserved by Adminbolt.
6. Intellectual Property
6.1 Ownership.
The Service, including all Software, Documentation, user interfaces, system architecture, APIs, integrations, branding, trademarks, trade names, logos, and all related Intellectual Property Rights, are and shall remain the exclusive property of Adminbolt.
6.2 Customer Content.
As between the parties, Customer retains all right, title, and interest in and to Customer Content. Customer grants Adminbolt a limited, non-exclusive license to access, use, and process Customer Content solely to the extent necessary to provide the Service in accordance with these Terms.
6.3 Feedback.
If Customer provides Adminbolt with any suggestions, ideas, enhancement requests, feedback, recommendations, or other input regarding the Service ("Feedback"), Adminbolt shall have a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use, reproduce, modify, and incorporate such Feedback into the Service or any other product or service without restriction, obligation, or compensation to Customer.
6.4 Trademarks.
Nothing in this Agreement grants Customer any right to use Adminbolt's trademarks, trade names, service marks, or logos without Adminbolt's prior written consent.
7. Acceptable Use Policy
7.1 General.
Customer agrees to use the Service in compliance with all applicable laws, regulations, and industry standards. Customer is responsible for ensuring that its Authorized Users and, where Customer uses the Service to provide hosting services, its end users, comply with this Acceptable Use Policy.
7.2 Prohibited Activities.
Customer shall not, and shall not permit others to, use the Service to:
- Send, store, or distribute unsolicited bulk email, spam, or other unauthorized commercial communications
- Distribute, host, or transmit malware, viruses, worms, Trojan horses, ransomware, or other malicious code
- Conduct or facilitate phishing, spoofing, social engineering, or other fraudulent activities
- Perform unauthorized network scanning, penetration testing, port scanning, or vulnerability probing of systems not owned or controlled by Customer
- Host, store, distribute, or transmit any content that is illegal, defamatory, obscene, or that infringes or misappropriates the Intellectual Property Rights of any third party
- Interfere with or disrupt the integrity, security, or performance of the Service, any network, or any third-party system
- Operate infrastructure that knowingly supports, facilitates, or enables illegal activities
- Attempt to gain unauthorized access to the Service, other accounts, or any systems or networks connected to the Service
- Violate any applicable export control, sanctions, or trade restriction laws
- Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service
7.3 Hosting Provider Responsibility.
Customers who use the Service to provide hosting services to their own end users bear full responsibility for the activities of those end users. Customer shall implement and enforce reasonable acceptable use policies for its end users and shall promptly respond to any abuse complaints. Failure to address abuse complaints may result in suspension or termination of Customer's access to the Service.
7.4 Enforcement.
Adminbolt reserves the right, but is not obligated, to investigate any suspected violation of this Acceptable Use Policy and to take any action it deems appropriate, including suspension or termination of access to the Service, removal of offending content, and reporting to law enforcement authorities.
8. Customer Responsibilities
8.1 Server Management.
Adminbolt provides a control panel platform and management interface. Unless otherwise agreed in a separate written contract, Adminbolt does not operate, manage, monitor, or maintain Customer's server infrastructure. Customer is solely responsible for:
- Procuring and maintaining suitable server hardware and infrastructure
- Maintaining secure server configurations in accordance with industry best practices
- Applying all necessary operating system and software security patches and updates in a timely manner
- Implementing and maintaining adequate backup and disaster recovery procedures for Customer Content and server configurations
- Monitoring the performance, security, and availability of Customer's infrastructure
- Ensuring adequate server resources (CPU, memory, disk, bandwidth) for the intended workload
- Complying with all applicable laws and regulations related to the operation of Customer's hosting environment
8.2 Data Protection.
Customer is solely responsible for the security and protection of Customer Content and any personal data processed on Customer's infrastructure. Customer shall implement appropriate technical and organizational measures to protect such data in accordance with applicable data protection laws.
8.3 Compliance.
Customer shall use the Service in compliance with all applicable local, state, national, and international laws, regulations, and governmental orders.
9. Technical Support
9.1 Scope of Support.
Adminbolt provides technical support solely for the installation, configuration, and operation of the Adminbolt Software, as described in the Documentation. Support does not extend to: (a) third-party applications, plugins, or software; (b) operating system configuration or administration beyond what is required for the Software; (c) hardware issues; (d) custom scripts, code, or configurations not provided by Adminbolt; or (e) issues arising from Customer's failure to maintain its infrastructure in accordance with Section 8.
9.2 Support Channels.
Technical support is available through the channels described on the Adminbolt website, which may include email, the Adminbolt community forum at https://community.adminbolt.com, and the Adminbolt Discord server. Partner Program members may receive enhanced support as described in the applicable partner agreement.
9.3 Server Access.
In certain circumstances, Customer may voluntarily grant Adminbolt support personnel administrative or root-level access to Customer's server for troubleshooting purposes. Prior to granting such access, Customer shall: (a) perform a complete, verified backup of all data and configurations on the server; and (b) acknowledge that Adminbolt shall not be responsible or liable for any data loss, system corruption, service interruption, or other damage that occurs during or as a result of troubleshooting activities on Customer's infrastructure. Adminbolt support personnel shall retain server access only for the duration reasonably necessary to complete the troubleshooting activity, and Customer may revoke access at any time.
10. License Verification and Compliance
10.1 License Verification.
The Software periodically communicates with Adminbolt's licensing servers to verify the validity and compliance of Customer's license. Customer shall not interfere with, block, or attempt to circumvent this verification process.
10.2 Audit Rights.
Adminbolt reserves the right to remotely verify Customer's installation to ensure compliance with these Terms and the applicable license parameters. Such audits shall be conducted no more than once per twelve (12) month period, unless Adminbolt has a reasonable basis to suspect non-compliance, in which case additional verification may be performed upon reasonable written notice. Customer agrees to cooperate with any reasonable audit request.
10.3 Unauthorized Use.
The use of unauthorized, modified, pirated, or cracked versions of the Software is strictly prohibited and constitutes a material breach of this Agreement. Upon detection of unauthorized use, Adminbolt may, in its sole discretion: (a) immediately terminate Customer's Account and revoke all licenses; (b) suspend access to the Service; and (c) pursue all available legal remedies, including claims for damages and injunctive relief.
11. Updates and Modifications
11.1 Service Updates.
Adminbolt may, in its sole discretion, modify, update, or enhance the Service from time to time, including to: (a) improve performance or functionality; (b) address security vulnerabilities; (c) add new features or capabilities; (d) maintain compatibility with infrastructure changes; or (e) comply with legal or regulatory requirements. Updates may be delivered automatically or through new software releases.
11.2 Backward Compatibility.
While Adminbolt endeavors to maintain reasonable backward compatibility, Adminbolt is not obligated to maintain compatibility with outdated operating systems, server configurations, or Third-Party Services indefinitely. Adminbolt will use commercially reasonable efforts to provide notice of significant changes that may affect compatibility.
11.3 API Changes.
Adminbolt may modify its APIs from time to time. Adminbolt will use commercially reasonable efforts to provide advance notice of material changes to the API that may affect Customer's integrations.
12. Service Availability
12.1 Availability.
Adminbolt strives to provide reliable and continuous access to the Service but does not guarantee uninterrupted, error-free, or secure access. The Service may be temporarily unavailable due to: (a) scheduled or emergency maintenance; (b) infrastructure or hardware failures; (c) security incidents or required security remediation; (d) third-party provider outages; (e) network disruptions; (f) force majeure events as described in Section 21; or (g) actions required to comply with applicable law.
12.2 Scheduled Maintenance.
Adminbolt will use commercially reasonable efforts to provide advance notice of scheduled maintenance that may materially affect access to the Service.
12.3 No Liability for Interruptions.
Adminbolt shall not be liable for any loss, damage, or inconvenience arising from or related to any Service interruption, regardless of the cause.
13. Data Processing and Privacy
13.1 Data Collected.
In connection with the operation of the Service, Adminbolt collects and processes limited categories of data, including: (a) Account registration information (name, email address, company name); (b) billing and payment information (processed through third-party payment processors); (c) technical usage logs and license verification data; (d) support communications; and (e) server metadata necessary for the operation of the Software.
13.2 Privacy Policy.
Adminbolt's collection, use, and processing of personal data is governed by the Adminbolt Privacy Policy which is incorporated herein by reference. Customer acknowledges and agrees to the data practices described in the Privacy Policy.
13.3 Customer Data Responsibility.
Customers using the Service to manage hosting environments are solely responsible for any personal data processed, stored, or transmitted on their servers. Adminbolt acts only as a software provider and does not access, control, or process data hosted on Customer's infrastructure, except as described in Section 9.3.
13.4 GDPR and International Compliance.
For users located in the European Economic Area ("EEA"), the United Kingdom ("UK"), or Switzerland:
- Adminbolt processes personal data on the basis of contractual necessity (performance of this Agreement) and/or legitimate interests in operating and improving the Service
- Data subjects have the right to access, rectify, erase, restrict processing of, and port their personal data, and to object to processing, in each case as provided by applicable law
- Transfers of personal data outside the EEA, UK, or Switzerland are conducted with appropriate safeguards, which may include Standard Contractual Clauses approved by the European Commission, the UK International Data Transfer Agreement or Addendum, or other lawful transfer mechanisms
- Inquiries regarding data processing practices or the exercise of data subject rights may be directed to contact@adminbolt.com
13.5 Data Processing Agreement.
Where required by applicable data protection law, Adminbolt will enter into a data processing agreement with Customer upon written request.
14. Confidentiality
14.1 Obligations.
Each party agrees to: (a) protect the Confidential Information of the other party using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care; (b) not disclose Confidential Information to any third party without the prior written consent of the disclosing party; and (c) use Confidential Information only for the purposes contemplated by this Agreement.
14.2 Exceptions.
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information; or (d) is rightfully obtained from a third party without restriction on disclosure.
14.3 Compelled Disclosure.
A party may disclose Confidential Information to the extent required by applicable law, regulation, or court order, provided that the disclosing party: (a) gives the other party prompt written notice of the requirement, to the extent permitted by law; and (b) cooperates with the other party's reasonable efforts to obtain a protective order or other appropriate remedy.
15. Warranties and Disclaimers
15.1 Mutual Warranties.
Each party represents and warrants that: (a) it is duly organized, validly existing, and in good standing under the laws of its jurisdiction of formation; (b) it has full power and authority to enter into this Agreement and perform its obligations hereunder; and (c) the execution and performance of this Agreement does not conflict with any other agreement to which it is a party.
15.2 Customer Warranties.
Customer represents and warrants that: (a) Customer Content does not infringe or misappropriate the Intellectual Property Rights of any third party; (b) Customer has obtained all necessary rights, consents, and permissions to use Customer Content in connection with the Service; and (c) Customer's use of the Service complies with all applicable laws and regulations.
15.3 Disclaimer of Warranties.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 15, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADMINBOLT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, UNINTERRUPTED OPERATION, AND ERROR-FREE PERFORMANCE. ADMINBOLT DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET CUSTOMER'S SPECIFIC REQUIREMENTS; (B) THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; (C) ANY DEFECTS WILL BE CORRECTED; OR (D) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUSTOMER ASSUMES ALL RISK ARISING FROM THE USE OF THE SERVICE.
16. Limitation of Liability
16.1 Exclusion of Certain Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADMINBOLT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, SYSTEM DOWNTIME, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SECURITY INCIDENTS AFFECTING CUSTOMER INFRASTRUCTURE, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADMINBOLT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 Cap on Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ADMINBOLT AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO ADMINBOLT FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR FREE TRIAL USERS, ADMINBOLT'S TOTAL LIABILITY SHALL NOT EXCEED FIFTY UNITED STATES DOLLARS ($50.00).
16.3 Basis of the Bargain.
Customer acknowledges that Adminbolt has set its prices and entered into this Agreement in reliance upon the limitations of liability and disclaimers of warranties set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
16.4 Jurisdictional Variations.
Some jurisdictions do not allow the exclusion or limitation of certain types of damages. In such jurisdictions, the liability of Adminbolt shall be limited to the maximum extent permitted by applicable law.
17. Indemnification
17.1 Customer Indemnification.
Customer agrees to indemnify, defend, and hold harmless Adminbolt, its Affiliates, and their respective officers, directors, employees, agents, and successors and assigns from and against any and all claims, demands, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
- Customer's use of the Service
- Customer Content
- Customer's breach or alleged breach of these Terms
- Customer's violation of any applicable law or regulation
- Any claims brought by Customer's end users, clients, or other third parties relating to Customer's hosting services or operations
- Customer's negligence or willful misconduct
- Any dispute between Customer and any third party related to the Service
17.2 Indemnification Procedure.
Adminbolt shall: (a) provide prompt written notice to Customer of any claim subject to indemnification; (b) grant Customer sole control of the defense and settlement of such claim, provided that Customer shall not settle any claim in a manner that imposes liability on Adminbolt without Adminbolt's prior written consent; and (c) provide reasonable cooperation to Customer in the defense of such claim, at Customer's expense.
18. Term, Suspension, and Termination
18.1 Term.
This Agreement is effective as of the date Customer first accesses or uses the Service and continues for the duration of the Subscription Term, unless earlier terminated in accordance with this Section 18.
18.2 Suspension.
Adminbolt may immediately suspend Customer's access to the Service, in whole or in part, without prior notice if: (a) Customer breaches any provision of these Terms; (b) Customer's use of the Service poses a security risk to the Service or any third party; (c) Customer's use of the Service may subject Adminbolt to liability; (d) Customer's Account is past due on any payment obligation; (e) Customer's use of the Service involves illegal or abusive activities; or (f) suspension is required by applicable law, regulation, or governmental order.
18.3 Termination for Cause.
Either party may terminate this Agreement: (a) upon thirty (30) days' prior written notice if the other party materially breaches this Agreement and fails to cure such breach within the notice period; or (b) immediately upon written notice if the other party becomes insolvent, files for bankruptcy, or is subject to any similar proceeding.
18.4 Termination for Convenience.
Customer may terminate this Agreement at any time by canceling the subscription through the Adminbolt billing portal. Cancellation takes effect at the end of the then-current billing period, and no refund shall be issued for the remaining period.
18.5 Effect of Termination.
Upon termination or expiration of this Agreement: (a) all licenses granted hereunder immediately terminate; (b) Customer shall immediately cease all use of the Service and Software; (c) Customer shall uninstall and delete all copies of the Software from its infrastructure; (d) Adminbolt may delete Customer's Account and associated data after a retention period of thirty (30) days following the effective date of termination, during which period Customer may export or retrieve any Account data; (e) all outstanding fees become immediately due and payable; and (f) Adminbolt shall have no obligation to maintain or provide any Customer Content or Account data after the expiration of the thirty (30) day retention period.
18.6 Survival.
Sections 1, 4.4, 5.3, 5.4, 6, 14, 15.3, 16, 17, 18.5, 18.6, 19, 20, and 23 shall survive any termination or expiration of this Agreement.
19. Governing Law and Dispute Resolution
19.1 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without giving effect to any principles of conflicts of law.
19.2 Dispute Resolution.
The parties agree to attempt in good faith to resolve any dispute arising out of or relating to this Agreement through informal negotiation for a period of at least thirty (30) days before initiating formal legal proceedings. Written notice of the dispute shall be delivered to the other party in accordance with Section 23.6.
19.3 Jurisdiction and Venue.
Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in the State of Delaware, and each party irrevocably consents to the personal jurisdiction and venue of such courts.
19.4 Waiver of Jury Trial.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE.
19.5 Class Action Waiver.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AGREES THAT ANY CLAIMS OR DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.
20. Export Compliance and Sanctions
20.1 Export Controls.
Customer acknowledges that the Service and Software may be subject to export control and sanctions laws and regulations of the United States and other jurisdictions, including the Export Administration Regulations ("EAR") and regulations administered by the Office of Foreign Assets Control ("OFAC").
20.2 Customer Obligations.
Customer represents and warrants that:
- Customer is not located in, and will not access or use the Service from, any country or territory subject to a comprehensive U.S. trade embargo
- Customer is not listed on, and is not owned or controlled by any person listed on, any U.S. government restricted party list, including the Specially Designated Nationals and Blocked Persons List or the Entity List
- Customer will not export, re-export, or transfer the Software or any technical data in violation of applicable export control or sanctions laws
- Customer will comply with all applicable export control and sanctions laws in connection with its use of the Service
21. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement (other than payment obligations) to the extent that such failure or delay results from circumstances beyond the reasonable control of the affected party, including but not limited to: acts of God, natural disasters, epidemics or pandemics, fire, flood, earthquake, war, terrorism, civil unrest, labor disputes, government actions or orders, power outages, internet or telecommunications failures, cyberattacks on third-party infrastructure, or failures of third-party service providers (each, a "Force Majeure Event"). The affected party shall provide prompt notice to the other party of the Force Majeure Event and shall use commercially reasonable efforts to mitigate the impact and resume performance. If a Force Majeure Event continues for more than sixty (60) days, either party may terminate this Agreement upon written notice.
22. Changes to These Terms
22.1 Right to Modify.
Adminbolt reserves the right to modify these Terms at any time in its sole discretion.
22.2 Notice of Changes.
When material changes are made: (a) the updated version will be published at https://adminbolt.com/terms/; (b) the "Last Updated" date at the top of these Terms will be revised; and (c) Adminbolt will use commercially reasonable efforts to notify Customers of material changes via email or through the Service.
22.3 Acceptance.
Continued use of the Service after the effective date of the revised Terms constitutes Customer's acceptance of the revised Terms. Customers who do not agree with the revised Terms must discontinue use of the Service prior to the effective date of the changes.
23. General Provisions
23.1 Entire Agreement.
This Agreement, together with any Orders, the Privacy Policy, and any other documents expressly incorporated by reference herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral, relating to such subject matter. In the event of any conflict between these Terms and an Order, the Order shall control with respect to the subject matter of such Order, unless the Order expressly states otherwise.
23.2 Severability.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties. If modification is not possible, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
23.3 Waiver.
No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.
23.4 Assignment.
Customer may not assign or transfer this Agreement or any rights or obligations hereunder, in whole or in part, without the prior written consent of Adminbolt. Adminbolt may assign this Agreement, in whole or in part, without restriction. Any attempted assignment in violation of this Section shall be void. This Agreement shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
23.5 Independent Contractors.
The parties are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, franchise, or agency relationship between the parties.
23.6 Notices.
All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered: (a) upon personal delivery; (b) one (1) business day after deposit with a nationally recognized overnight courier; (c) three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, return receipt requested; or (d) upon confirmation of delivery if sent by email to the addresses specified below.
23.7 Headings.
The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
23.8 Construction.
This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instrument to be drafted. The words "include," "includes," and "including" shall be deemed to be followed by "without limitation."
24. Legal Contact Information
Adminbolt, Inc.
1111b S. Governors Ave., STE 25364
Dover, DE 19904
United States of America
Website: https://adminbolt.com
Email: contact@adminbolt.com
Official legal notices related to these Terms should be sent to the address or email listed above.