Disclaimers, Limitations and Indemnities
1. Henster will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client’s selected domain names/s OR ANY ACTION TAKEN BY HENSTER IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
.2 The Client hereby indemnifies and holds harmless Henster against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client’s use and registration of its selected Domain Name, even if Henster has been advised of the possibility of such damages;
.3 Henster will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.
.4 Neither Henster, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Henster’s Server service will not be interrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Henster Server service, unless otherwise expressly stated in this Agreement.
.5 Henster expressly limits its liability to the Client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Henster specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
.6 Henster is not responsible if an external company network and firewall is setup to block access to services Henster provides. If a Client’s network is setup to block certain ports or web addresses that compromise the services Henster provides it is the Client’s responsibility to ensure that their network configurations are changed as necessary.
.7 Clients also hereby indemnify Henster against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition Henster to share or cover such losses or liability, either directly or indirectly. Henster is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.