Terms of Service
PLEASE COMPLETELY READ THESE TERMS OF USE BEFORE USING THIS SITE.
By using this site, you signify your agreement to these terms of use.
If you do not agree to these terms of use, please do not use the site.
HostingAnything.com reserves the right, at its discretion, to add, change,
modify, or remove portions of these terms at any time. Please check these
terms regularly for changes. Your continued use of HostingAnything.com
following the posting of any changes to these terms will mean you accept
those changes.
By using this site you expressly agree that use of HostingAnything.com
is at your sole risk. Neither HostingAnything.com, nor its affiliates,
nor any of its officers directors, or employees, agents, third-party content
providers, licensers, sponsors, merchants, or the like, warrant that HostingAnything.com
will be uninterrupted or error-free; nor do they make any warranty as to
the results that may be obtained from the use of HostingAnything.com and
its services, or as to the accuracy, reliability, or currency of any information
content, service, or merchandise provided through HostingAnything.com.
DISCLAIMER
HostingAnything.com is provided on an "as is," "as available" basis
without warranties of any kind, either expressed or implied, including
but not limited to warranties of title or implied warranties of merchantability
or fitness for a particular purpose. No oral advice or written information
given by HostingAnything.com nor its affiliates, nor any of its officers,
directors, employees, agents, providers, merchants, sponsors, licensers,
or the like, shall create a warranty; nor shall you rely on any such information
or advice.
Under no circumstances shall HostingAnything.com or any other party
involved in creating, producing, or distributing HostingAnything.com be
liable for any direct, indirect, incidental, special, or consequential
damages that result from the use of or inability to use HostingAnything.com,
including but not limited to reliance by you on any information obtained
from HostingAnything.com or that result from mistakes, omissions, interruptions,
deletion of files or email, errors, defects, viruses, delays in operation
or transmission, or any failure of performance, whether or not resulting
from acts of God, communications failure, theft, destruction, or unauthorized
access to HostingAnything.com's records, programs, or services. You hereby
acknowledge that this paragraph shall apply to all content, merchandise,
and services available through HostingAnything.com. Due to the fact that
some states do not allow the exclusion or limitation of liability for consequential
or incidental damages, in such states liability is limited to the fullest
extent permitted by law.
Information on this web site may contain technical inaccuracies or
typographical errors. Information may be changed or updated without notice.
HostingAnything.com may also make improvements and/or changes in the products
and/or the programs described in this information at any time without notice.
HostingAnything.com does not want to receive confidential or proprietary
information from you through our web site or e-mail addresses. Please note
that any information or material sent to HostingAnything.com or any of
its related sites, services, or e-mail addresses will be deemed NOT to
be confidential. By sending HostingAnything.com any information or material,
you grant HostingAnything.com an unrestricted, irrevocable license to use,
reproduce, display, perform, modify, transmit and distribute those materials
or information, and you also agree that HostingAnything.com is free to
use any ideas, concepts, know-how or techniques that you send us for any
purpose.
HostingAnything.com makes no representations whatsoever about any other
web site which you may access through this one. When you access a non-HostingAnything.com
web site, please understand that it is independent from HostingAnything.com,
and that HostingAnything.com has no control over the content on that web
site. In addition, a link to a non-HostingAnything.com web site does not
mean that HostingAnything.com endorse or warrants in any way whatsoever
or accepts any responsibility for the content, or the use, of such web
site. It is up to you to take precautions to ensure that whatever you select
for your use is free of such items as viruses, worms, trojan horses and
other items of a destructive nature. By using a hyperlink on the HostingAnything.com
web site you agree to accept full responsibility for use of the hyperlink.
LIMITATION OF LIABILITY
Under no circumstances whatsoever shall HostingAnything.com be liable
for any loss of data, lost profits or any damages including, without limitation,
any indirect, special, incidental, consequential or other damages that
result from the use of, or inability to use, the materials in this site,
even if HostingAnything.com or a HostingAnything.com authorized representative
has been advised of the possibility of such damages. Applicable law may
not allow the limitation or exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you. Notwithstanding
the foregoing, in no event shall HostingAnything.com's total liability
to you for all damages, losses, and causes of action (whether in contract,
tort (including, but not limited to, negligence) or otherwise) exceed the
amount paid by you, if any, for accessing this site or any of its products
or services. By using this site you agree to hold HostingAnything.com harmless
in all capacities to the fullest extent allowable by law.
CONTENT PROPRIETARY RIGHTS
You("User") acknowlege that HostingAnything.com contains information,
data, software, photographs, graphs, videos, typefaces, graphics, music,
sounds, and other material (collectively "Content") that are protected
by copyrights, trademarks, trade secrets, or other proprietary rights,
and that these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a
collective work under the U.S. copyright laws, and HostingAnything.com
owns a copyright in the selection, coordination, arrangement, and enhancement
of such Content. User may not modify, remove, delete, augment, add to,
publish, transmit, participate in the transfer or sale of, create derivative
works from, or in any way exploit any of the Content, in whole or in part.
If no specific restrictions are displayed, User may make copies of select
portions of the Content, provided that the copies are made only for User's
personal use and that User maintains any notices contained in the Content,
such as all copyright notices, trademark legends, or other proprietary
rights notices. Except as provided in the preceding sentence or as permitted
by the fair use privilege under the US copyright laws (see e.g. 17 U.S.C.
Section 107), User may not upload, post, reproduce, or distribute in any
way Content protected by copyright, or other proprietary right, without
obtaining permission of the owner of the copyright or other propriety right.
In addition to the foregoing, use of any software Content shall be governed
by the software license agreement accompanying such software.
THIRD PARTY CONTENT
HostingAnything.com has no editorial control over third party content.
Any opinions, advice, statements, services, offers, or other information
that constitutes part of content expressed or made available by third parties,
including providers, merchants, sponsors, licensers, or any other user
of HostingAnything.com, are those of the respective authors or distributors
and not of HostingAnything.com or its affiliates or any of its officers,
directors, employees, or agents. Neither HostingAnything.com nor its affiliates,
nor any of its officers, directors, employees, or agents, nor any third
party, including any provider, merchant, sponsor, licenser, or any other
user of HostingAnything.com, guarantees the accuracy, completeness, or
usefulness of any content, nor its merchantability or fitness for any particular
purpose. In many instances, the content available through HostingAnything.com
represents the opinions and judgments of the respective provider, merchant,
sponsor, licenser, or user not under contract with HostingAnything.com.
HostingAnything.com neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice, or statement made on HostingAnything.com
by anyone other than authorized HostingAnything.com employees. Under no
circumstances shall HostingAnything.com, or its affiliates, or any of its
officers, directors, employees, or agents be liable for any loss or damage
caused by a user's reliance on information obtained through HostingAnything.com.
It is the responsibility of user to evaluate the information, opinion,
advice, or other content available through HostingAnything.com.
DISTRIBUTION OF THIRD PARTY CONTENT
Except as set forth in CONTENT PROPRIETARY RIGHTS above, you may upload
to or otherwise distribute on HostingAnything.com only Content that is
not subject to any copyright or other proprietary rights protection (collectively,
"Public Content"), or Content in which the author has given express authorization
for distribution on the World Wide Web. Any copyrighted or other proprietary
Content distributed with the consent of a copyright owner should contain
a phrase such as "Copyright, owned by [name of owner]; used by permission."
The unauthorized submission or distribution of copyrighted or other proprietary
Content is illegal and could subject the you to criminal prosecution as
well as personal liability for damages in a civil suit. You, not HostingAnything.com,
nor its affiliates, nor any of its officers, directors, employees, agents,
Merchants, Providers, Sponsors, Licensers, or the like, will be liable
for any damage resulting from any infringement of copyrights or proprietary
rights, or from any other harm arising from such submission. By submitting
Content to any User-submit areas, User automatically grants, or warrants
that the owner of such Content has expressly granted HostingAnything.com
the royalty-free, perpetual, irrevocable, nonexclusive right and license
to use, reproduce, publish, translate, sublicense, copy, and distribute
the Content in whole or in part worldwide and/or to incorporate it in other
works in any form, media, or technology now known or hereafter developed
for the full term of any copyright that may exist in such Content. User
also permits any other User to access, store, or reproduce the Content
for that User's personal use. Subject to this grant, the owner of Content
placed on HostingAnything.com retains any and all rights which may exist
in such Content.
HostingAnything.com's RIGHTS
HostingAnything.com's rights include but are not limited to the below
paragraphs. HostingAnything.com may elect to monitor any areas of the site
or any of its services and may disclose any content, records, or electronic
communication of any kind to satisfy any law, regulation, or government
request or if such disclosure is necessary or appropriate to operate HostingAnything.com
or to protect the rights or property of HostingAnything.com, its visitors,
sponsors, providers, licensers, or merchants.
HostingAnything.com is not responsible in any way whatsoever for screening,
policing, editing, or monitoring such content. If notified of allegedly
infringing, defamatory, damaging, illegal, or offensive content, HostingAnything.com
may investigate the allegation and determine in its sole discretion whether
to remove or request the removal of such content from HostingAnything.com.
HostingAnything.com reserves the right to prohibit conduct, communication,
or content that it deems in its sole discretion to be harmful to individual
users, HostingAnything.com, or any rights of HostingAnything.com or any
third party, or to violate any applicable law. Notwithstanding the foregoing,
neither HostingAnything.com nor its providers, merchants, sponsors, or
licensers can ensure prompt editing or removal of questionable content
after online posting. Accordingly, neither HostingAnything.com, nor its
affiliates, nor any of its officers, directors, employees, or agents, nor
provider, merchant, sponsor, or licenser shall assume liability for any
action or inaction with respect to conduct communication, or content on
HostingAnything.com.
Limitations
1. Limitations. The Service is subject to the following limitations:
a. CPU Resources. User acknowledges that the Service is provided on
a shared server and agrees not to engage in any activity that could overwhelm
the server with heavy CPU usage or that requires a disproportionate amount
of the resources of the HostingAnything.com server, including without limitation,
use of highly active CGI scripts or chat scripts.
b. User shall not include content, or internet links to content on
the Site that contain, promote or involve any of the following:
i. any infringement of copyright, trademark, patent, trade secret or
other intellectual property right;
ii. hate propaganda;
iii. racist, threatening, or otherwise abusive content;
iv. child pornography;
v. the promotion or incitement of, or instruction for, the commission
of illegal activities;
vi. mail fraud, multi-level marketing (pyramid) schemes or any other
fraudulent activities;
vii. content promoted through the sending of unsolicited e-mail (also
known as spamming);
viii. sending of unsolicited e-mail (spam) from the HostingAnything.com
server, or any other server that refers to content on the HostingAnything.com
server, or sending such e-mail with a HostingAnything.com ’ hosted Web
site listed as the contact address;
ix. warez, cracks, hacks, spam software & their associated utilities;
x. information or other material that contains a virus, corrupted data
or any other harmful or damaging component;
xi. storage of log files on non-html content;
c. Idem. User agrees that HostingAnything.com is not responsible for
content on pages hosted on member sites and acknowledges that HostingAnything.com
does not endorse or verify any such material.
d. Idem. User agrees to assume full responsibility for all files associated
with the Site and acknowledges that User may be held legally for the contents
of the Site.
e. Backup and Monitoring. User is solely responsible for creating backups
of any files associated with the Site and for monitoring the Site.
f. Notice to Officials. If HostingAnything.com determines that law
enforcement officials should be notified regarding potentially illegal
content on the Site, User agrees that HostingAnything.com may provide copies
of User’s web pages to the appropriate officials without notice to user.
HostingAnything.com will cooperate with all law enforcement efforts to
locate persons who have posted content that is illegal or promotes illegal
conduct.
g. Policies and Guidelines. User agrees to abide by all policies or
guidelines, together with any amendments thereto, set out, from time to
time, by HostingAnything.com anywhere on the site www.HostingAnything.com
OTHER
This agreement shall be governed by and construed in accordance with
the laws of Indiana without regard to choice of law rules. If any provision
of this agreement shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this agreement and shall
not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between the parties relating to the subject
matter herein and shall not be modified except in writing, signed by both
parties.
TERMINATION OF THIS AGREEMENT
This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying all materials
obtained from HostingAnything.com, along with all related documentation
and all copies and installations.
HostingAnything.com shall have the right to immediately terminate this
Agreement with respect to any user which HostingAnything.com, in its sole
discretion, considers to be unacceptable, or in the event of any breach
by you of this Agreement. HostingAnything.com may terminate this agreement
at any time and without notice to you. Upon termination, you must destroy
all materials received from HostingAnything.com.
In addition, by providing material on our web site, we do not in any
way promise that the materials will remain available to you. HostingAnything.com
is entitled to terminate all or part of any of its site or services at
any time, without notice to you.
ACKNOWLEDGMENT
This Agreement represents the entire understanding between you and
HostingAnything.com regarding your relationship with HostingAnything.com
and supersedes any prior statements or representations. You signify your
assent to be bound by this agreement by using the HostingAnything.com web
site.
Copyright 2003
Cyberian Interactive Services
All Rights Reserved.