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HostRelief.com
ONLINE PRIVACY POLICY Statement
This is the Host
Relief web site (the "Site").
We can be reached via e-mail at support@Hostrelief.com
The policies below are applicable to Hostrelief.com and other
sites on the World Wide Web portion of the Internet owned
and operated by Hostrelief.com.
SPAM Policy:
Host Relief is committed to a zero-tolerance, anti-Spamming
policy. Under this policy, we prohibit Spam, or any unsolicited
commercial email, from being sent in any way shape or form
through, from, or to our servers. We react quickly and seriously
to violations, and we further reserve the right to terminate
the services, without prior notice, of any customer disregarding
this policy. Sending unsolicited commercial email (otherwise
known as "spam"), cross-posting messages to a large
number of usenet groups, posting obscene or threatening messages
while using or referring to a Host Relief email address
or web site URL is prohibited.
The use of Host Relief servers as a mail drop for responses
to activities described above is also prohibited.
Accounts canceled due to spam will be billed
a "clean up" fee of not less than $800.
If you have any complaints or comments regarding
Spam on our network, please direct them via email to abuse@Hostrelief.com
Scripts and Forums that are band from Host Relief servers.
Scripts and Forums that over utilize CPU
and memory usage, as well as for usage in hacking, or malicious
activity will result in account suspension and/or Deletion
from Hostrelief.com's Servers.
UltimateBBS (all versions)
Yabb CGI version
Ikonboard (all versions)
Eggdrops / Exploits
The Anonymizer
Any soap mailers
Any cgi programs that consume large amounts
of cpu resources hindering the performance of other websites
on the server ( greymatter.cgi , gm.cgi, cgi chat scripts
other than those in Cpanel )
Portscanners and Security Auditing tools/scripts
Web/CGI based telnet servers
All versions of Formail prior to version
1.9s
Attachment scripts or file system CGI scripts
Ad systems, that use ads.pl ( other than those in Cpanel )
Any anyscript that will use more than 1.3% CPU for more than
30 seconds. The only exception to this rule is gallery.cgi
ad gallery script is server safe, and runs cold on processes.
Hostrelief.com's Privacy Policy
Your privacy on the Internet is important to us. As part of
the operation of Hostrelief.com and other Hostrelief.com
sites, we gather certain types of information about Hostrelief.com
users, and we would like to explain the types of information
we gather, what we do with it and how to correct or change
the information.
Information Collected By Hostrelief.com
Hostrelief.com collects two types of personally identifying
information from users: personal data (such as names and e-mail
addresses); and aggregated data (such as information about
traffic patterns on Hostrelief.com, for example how many
users log into Hostrelief.com on a daily basis).
Personal Data
Personal data is collected when users provide personal data
to Hostrelief.com, for example in registering for New
domains, Also, we collect the e-mail addresses of users who
post messages to our message boards and chat areas.
Aggregated Information
Aggregated information, such as which pages users access or
visit and information volunteered by users, such as survey
information and/or site registrations, is collected through
various methods. For example, Hostrelief.com collects
IP addresses. An IP address is a number that is automatically
assigned to your computer whenever you're surfing the Web.
Web servers, the computers that "serve up" Web pages,
automatically identify your computer by its IP address, and
when you request a page from Hostrelief.com, our servers
log your IP address. Hostrelief.com does not link IP
addresses to anything personally identifiable, so although
your session will be logged, you will remain anonymous to
us. Hostrelief.com collects IP addresses for the purposes
of system administration.
Use of Cookies
You may occasionally get cookies from our advertisers,
which is standard in the Internet industry. Hostrelief.com
does not control these cookies, and these cookies are not
subject to Hostrelief.com's privacy policies.
Most browsers are initially set to accept
cookies. If you'd prefer, you can set yours to refuse cookies
or to alert you when cookies are being sent.
Children and Privacy
Hostrelief.com encourages parents and guardians to spend
time with their children online, and to be fully familiar
with the sites visited by their children. At various places
on Hostrelief.com, Hostrelief.com will ask whether
users are under the age of 18, or 13, for example when requesting
personal information from users, or Hostrelief.com may
ask for parental consent. However, while Hostrelief.com
requests this information or permission, Hostrelief.com
relies on users to be truthful in responding to these questions.
Individuals Under 13
No information should be submitted to or posted on the Site
by users under the age of 13 years without the consent of
their parent or guardian. Hostrelief.com does not provide
any personally identifying information, regardless of its
source, to any third party for any purpose whatsoever unless
disclosed during collection. Users under the age of 13 are
generally asked not to participate in contests or other promotional
opportunities.
Individuals 13 Through 17
Hostrelief.com requests that children under the age of
18 do not submit or post information to the Site without a
parent or guardian's consent. Hostrelief.com may collect
information, including personally identifying information,
from users between the ages of 13 and 17, and with the permission
of their parent or guardian this information may be used for
marketing and promotional purposes by Hostrelief.com
and may be shared with prescreened third parties. If a user
or their parent or guardian changes their mind with respect
to such use, such user, parent or guardian may stop that use
-- either by e-mail request or by modifying his/her registration
information online as described above in "Use of Information
Collected by Hostrelief.com".
Message Boards and Chat
Please remember that information posted to message boards
and chat areas becomes public information. Use caution when
posting. Users under the age of 18 should be especially careful
not to provide any personally identifying information while
using chat rooms or message boards. As set forth in Hostrelief.com's
Terms and Conditions of use, users of chat rooms and message
boards must follow acceptable standards of behavior when posting
messages online.
Bandwidth
We at Host Relief have a strict Bandwidth Policy. Your
domain account comes with a certain amount of Bandwidth per
month. If your domain goes over this amount you will be charged
$2.00 per GB over your allotted Bandwidth a month. If you
cannot remember what your plan comes with please go to our
yearly order page.
Starting March 1, 2003 all accounts will
be monitored and you can also monitor the Bandwidth. Sub-domains
are also part of your Bandwidth. If you add a sub-domain please
remember that your Bandwidth for your main domain goes down
and is allocated for your sub-domain. For you to monitor it
you would simply type in ( /throttle-me ) after your domain
name and it will bring your status up for you to monitor.
Please remember that our Terms of Service,
Billing, and Bandwidth Policies will be updated to reflect
this change. Also the price is still $2.00 Per GB. If your
site is shut down in the middle of the month you either will
pay for the Bandwidth you will use or your site can stay in
a Hold/Suspend status until the 1st of the month. There are
no refunds for Bandwidth. And we cannot allow upgrades to
the next package until your year is up and due for renewal.
Links to Other Sites
It is important to note that Hostrelief.com contains
links to sites other than Hostrelief.com, and that those
sites may not follow the same privacy policies as Hostrelief.com.
For instance, if you click on an advertisement on Hostrelief.com,
this will take you away from Hostrelief.com and to an
entirely different site. This can include links from advertisers,
content providers and partners who may use Hostrelief.com's
logo and or style as a result of a co-branding agreement.
These sites may send their own cookies to you, and may collect
data and make uses of it that Hostrelief.com would not.
The use of any information or materials that
you may access at these external sites is purely voluntary.
You should not rely on their contents without independent
and thorough review of the accuracy, completeness, effectiveness,
timeliness and correct sequencing. These external sites may
also refer to specific commercial products, processes, or
services by trade name, trademark, service mark, manufacturer
or otherwise. Unless Hostrelief.com has provided specific
authority, such references in no way indicate our endorsement,
recommendation or preference. This section should be read
in conjunction with the full Terms of Service, below.
Additional Information
No transmission of data over the Internet is guaranteed to
be completely secure. It may be possible for third parties
not under the control of Hostrelief.com to intercept
or access transmissions or private communications unlawfully.
While we strive to protect your personal information, Hostrelief.com
cannot ensure or warrant the security of any information you
transmit to us. Any such transmission is done at your own
risk.
Under no circumstances, including but not
limited to negligence, shall Hostrelief.com be liable
for any special, incidental or consequential damages that
result from the use of information or materials on our sites,
even if Hostrelief.com or an authorized representative
of Hostrelief.com, has been advised of the possibility
of such damages. This section also should be read in conjunction
with the full Terms of Service.
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT
TO THE TERMS OF USE AND PRIVACY POLICY.
Hostrelief.com reserves the right to
change this policy at any time by notifying users of the existence
of a revised privacy policy. You can send e-mail to us with
any further questions at support@Hostrelief.com.
TERMS OF SERVICE
These Terms of Service (the "Agreement") set forth
the terms and conditions that apply to your use of the Web
site located at http://www.Hostrelief.com and the services
and materials offered thereon (the "Service") which
are offered to you by Hostrelief.com. BY USING THIS SITE,
YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD
SIGNED IT. If you do not agree to be bound by this Agreement,
please discontinue your use of the Service.
If you are found in violation of the Host Relief Acceptable Use Policy and Terms of Use. Your account
will be terminated without notice and you will forfeit all
of the moneys that have been paid to Host Relief.
1. Restrictions on Use
The Service is a computer Web hosting service. It is accessible
to you through a personal computer, or other access device
at www.Hostrelief.com using a communications connection (e.g.,
modem and telephone line). As part of the Service, you will
be provided with services that may include information, editorial
content, chat rooms, links to other Web sites and other computer
services that Hostrelief.com may decide to offer, subject
to the terms hereof. Hostrelief.com may, in its sole discretion,
discontinue or alter any aspect of the Service, including,
but not limited to, (i) restricting the time of availability,
(ii) restricting the availability and/or scope of the Service
for certain platforms (i.e., computer types and operating
systems), (iii) restricting the amount of use permitted, and
(iv) restricting or terminating any User's right to use all
or part of the Service, at any time in Hostrelief.com's sole
discretion and without prior notice or liability. You are
responsible for all charges (e.g., telephone) associated with
connecting to the Service through an available access number.
You are also responsible for obtaining or providing all telephone
access lines, telephone and computer equipment (including
modem), or other access device, necessary to access the Service.
You certify that you are an individual (i.e., not a corporation).
The Service is owned and operated by Hostrelief.com and its
affiliated companies and contains material that is derived
in whole or in part from material supplied and owned by Hostrelief.com
and other sources. Such material is protected by copyright,
trademark, and other applicable laws. You may not modify,
copy, reproduce, republish, upload, post, transmit, publicly
display, prepare derivative works based on, or distribute
in any way any material from the Service, including but not
limited to code and software ("Material"). You may,
however, download Material from the Service for your personal,
noncommercial use only, provided you keep intact all copyright
and other proprietary notices and use the Material in accordance
with all restrictions applicable to your use if the Service
in general. Modifications to these Terms.
All sites paid for are required to have the
DNS pointed to Host Reliefs DNS servers. Host Relief
may discontinue, change, or suspend, all or any part of the
Service at any time, including the availability of any content,
feature, or database, without prior notice or liability to
you as a user. Host Relief reserves the right, at its
discretion, to change or modify all or any part of these Terms
and Conditions at any time. Please review these Terms and
Conditions from time to time to ensure that you are aware
of any changes.
Adult Sites
No human, adult themed content will be allowed
on our servers. Such content will force us to remove you site
with out warning. You may appeal this action, but the reinstatement
of your site is at the sole discretion of Host Relief.
The registration and use of your domain name
is subject to the terms and conditions of use applied by the
relevant naming authority; you shall ensure that you are aware
of those terms and conditions and that you comply with them.
You shall have no right to bring any claim against us in respect
of refusal to register a domain name. Any administration charge
paid by you to us shall be nonrefundable notwithstanding refusal
by the naming authority to register your desired name.
We shall have no liability in respect of
the use by you of any domain name; any dispute between you
and any other person must be resolved between the parties
concerned in such dispute. If any such dispute arises, we
shall be entitled, at our discretion and without giving any
reason, to withhold, suspend or cancel the domain name. We
shall also be entitled to make representations to the relevant
naming authority but will not be obliged to take part in any
such dispute.
We shall not release any domain to another
provider unless full payment for that domain has been received
by us.
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not
permitted on our servers in any of its many forms including,
but not limited to: bots and IRC servers. Chat rooms may be
allowed on per use basis, so please ask one of our support
staff before setting one up. (Some cgi/perl based chat rooms
over utilize the server processor.)
2. Membership Rules and Guidelines
(a) Registration
Should Hostrelief.com choose to provide member based
services, when you register to use these Services, you will
be required to provide certain information about yourself.
You agree to provide true, accurate and complete information
about yourself, and to update this information when it changes.
If you provide any information that is untrue or inaccurate,
not current, or incomplete, or if Hostrelief.com suspects
that your information is untrue or inaccurate, not current,
or incomplete, Hostrelief.com may, in its sole discretion,
suspend or terminate your membership and refuse current or
future access to the Service. Any personal information supplied
hereunder will be subject to the terms of our privacy policy.
Members under the age of 18 must have parental consent before
joining Hostrelief.com, and children under the age of
13 may not register with Hostrelief.com. Hostrelief.com
reserves the right to change the nature of this relationship
at any time.
(b) Passwords
Should Hostrelief.com provide to you a password that
allows you to access certain parts of the Service, you will
be solely responsible for maintaining the confidentiality
of the password and your account information, and are fully
responsible for all activities that occur under your password
or account. You agree that you will immediately notify Hostrelief.com
of any unauthorized use of your password or account, or any
other breach of security, and that you will log off of the
Service at the end of each session to prevent fraud on your
account by third parties.
(c) General
Hostrelief.com may choose to send you e-mail newsletters
on a variety of topics - for example, informing you of membership
benefits and features, letting you know of problems with the
site or with services offered by Hostrelief.com. (d)
Rules for Use of the Service
(1) Conduct Required for Use of the Service
It is a condition of your use of the Service that you do not:
(i) restrict or inhibit any other user from using and enjoying
the Service; (ii) post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, or profane;
(iii) post or transmit comments containing harassing or offensive
language, racial slurs, hate propaganda, hate mongering, or
rude or deliberately offensive comments, or engage in disruptive
activities online, including excessive use of scripts, sound
waves, scrolling (repeating the same message over and over),
or use of viruses, bots, worms or trojan horses; (iv) post
or transmit any information, software or other material that
is fraudulent or violates or infringes the rights of others,
including material that violates privacy or publicity rights,
or infringes copyright, trademark or other proprietary rights,
without first obtaining permission from the owner or right
holder, including WAREZ (copyrighted material distributed
without permission); (v) post or transmit any information,
software or other material that contains a virus or other
harmful component; (vi) post or transmit content that encourages
or provides instructional activities about illegal activities,
in particular hacking, cracking or phreaking; (vii) post,
transmit or in any way exploit any information, software or
other material for commercial purposes or that contains advertising,
"junk mail," "spam," or "chain letters";
(viii) solicit other users to join, become members of, or
contribute money to any online service or other organization,
advocate or attempt to get users to join in legal or illegal
schemes or plan or participate in scams involving other users;
(ix) impersonate any person or entity or falsely state or
otherwise misrepresent your professional or other affiliation
with any person or entity; (x) resell, redistribute, broadcast
or transfer the information or use the information derived
from the Service in a searchable, machine-readable database;
(xi) use the Service to collect personally identifying information
about users of the Service in violation of our Privacy Policy;
(xii) disguise a file type to thwart Hostrelief.com's detection
processes; (xiii) post or transmit any transmissions constituting
or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local,
state, national or international law; (xiv) submit to the
Live Directory multiple web sites with different URLs that
redirect a user to one web page; (xv) submit to Live Directory
more than one URL for a single category; (xvi) update Live
Directory listings with intent to distort or misrepresent
them, including but not limited to changing titles of the
entries, descriptions of the entries, URLs, or keywords, or
(xvii) attempt to gain unauthorized access to other computer
systems or networks connected to the Service. You agree that
you will not use the Service, including the information provided
therein and all related equipment, networks and network devices
(specifically including Internet access) for any unlawful
purpose. Hostrelief.com, at its sole and absolute discretion,
shall determine whether any information transmitted or received
violates this provision. You may not use any Material in connection
with any site or other use that contains or is associated
with information or content prohibited by this section.
(2) Monitoring
Hostrelief.com has no obligation to monitor the use of
the Service by members. You acknowledge and agree that Hostrelief.com
reserves the right to, and may from time to time, monitor
any and all information transmitted or received through the
Service for operational and other purposes. During monitoring,
information may be examined, recorded, copied, and used for
authorized purposes in accordance with our Privacy Policy.
Use of the Service constitutes consent to such monitoring.
Furthermore, Hostrelief.com reserves the right at all
times to disclose any information posted on any portion of
the Service as necessary to satisfy any law, regulation or
governmental request, or to refuse to post, or to remove,
any information or materials, in whole or in part, that in
Hostrelief.com's sole and absolute discretion are objectionable
or in violation of this Agreement.
(3) Content on the Service.
Communications posted through the Service are provided by
users such as you who are unaffiliated with Hostrelief.com,
and the user providing each such Communication is solely responsible
for the content thereof. This means that you, and not Hostrelief.com,
are entirely responsible for all Communications that you upload,
post, email or otherwise transmit via the Service. In using
the Service or receiving e-mail messages from members through
the Service, you should not assume that such messages have
been reviewed by Hostrelief.com, that such Communications
contain correct information, or that the persons posting such
Communications have accurately identified themselves and/or
their affiliation with any third party. You understand that
by using the Service, you may be exposed to Communications
that are offensive, indecent, or objectionable. Under no circumstances
will Hostrelief.com be liable in any way for any Communication,
including, but not limited to, liability for any errors or
omissions in any Communication, or for any loss or damage
of any kind incurred as a result of the use of any Communication
posted, e-mailed, or otherwise transmitted via the Service.
(5) Personal Safety.
When using the Service, please be certain that anything you
say does not compromise your personal safety. Do not provide
your name, phone number, postal or e-mail address, your password,
or any other personally identifying information to people
you do not know. Do not continue any conversation online that
makes you feel uncomfortable.
3. Merchants
Your correspondence or business dealings with, or participation
in promotions of, merchants found on or through the Service,
including payment and delivery of related goods or services,
and any other terms, conditions, warranties, or representations
associated with such dealings, are solely between you and
such merchant. Hostrelief.com will not be responsible
or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence
of such merchants on the Service.
4. Disclaimer of Warranties
Hostrelief.com HAS PROVIDED LINKS AND POINTERS TO INTERNET
SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES")
AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON
THE SERVICE. NEITHER Hostrelief.com, ITS PARENT OR SUBSIDIARY
COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL
IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE
THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS
AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD
PARTY SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Host Relief
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES
IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
Hostrelief.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE
UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING
THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT
MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. Host Relief DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE,
OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN
TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY,
COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or
omissions in the Service, including the transmission or translation
of information. You assume full responsibility for implementing
sufficient procedures and checks to satisfy your requirements
for the accuracy and suitability of the Service, including
the information, and for maintaining any means that you may
require for the reconstruction of lost data or subsequent
manipulations or analyses of the information provided hereunder.
You acknowledge and agree that your use of the Service, and
any information sent or received in connection therewith,
may not be secure and may be intercepted by unauthorized parties.
YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY
MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM
OR OTHER PROPERTY.
6. Limitation of Liability
IN NO EVENT SHALL Host Relief, ITS PARENT OR SUBSIDIARY
COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE
THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, Host Relief'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS
SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF Host Relief OR
ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES,
WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK
OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT Host Relief, ITS PARENT OR
SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE
LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE.
7. Indemnification
You agree to defend, indemnify and hold harmless Hostrelief.com,
its affiliates and their respective directors, officers, employees
and agents from and against any and all claims, actions, suits
or proceedings, as well as any and all losses, liabilities,
damages, costs and expenses (including reasonable attorneys
fees) arising out of or accruing from (a) any material posted
or otherwise provided by you that infringes any copyright,
trademark, trade secret, trade dress, patent or other intellectual
property right of any person or defames any person or violates
their rights of publicity or privacy, (b) any misrepresentation
made by you in connection with your use of the Service; (c)
any noncompliance by you with the terms and conditions of
this Agreement; and (d) claims brought by persons or entities
other than the parties to this Agreement arising from or related
to your access and use of the Service, including the information
obtained through the Service.
8. Termination
Hostrelief.com may, in its sole discretion, terminate your
password, account (or any part thereof) or use of the Service,
or remove and discard any Communication transmitted by you,
or information stored, sent, or received via the Service without
prior notice and for any reason, including, but not limited
to: (i) concurrent access of the Service with identical user
identification numbers, (ii) permitting another person or
entity to use your user identification number to access the
Service, (iii) any other access or use of the Service except
as expressly provided in this Agreement, (iv) any violation
of the terms and conditions of this Agreement or the rules
and regulations relating to the use of, the software and/or
data files contained in, or accessed through, the Service,
(v) tampering with or alteration of any of the software and/or
data files contained in, or accessed through, the Service,
or (vi) failure to use the Service or portion thereof on a
regular basis. You may terminate your membership hereunder
upon thirty (30) days written notice by you to Hostrelief.com
of your intent to terminate this Agreement. Termination, suspension,
or cancellation of this Agreement or your access rights shall
not affect any right or relief to which Hostrelief.com may
be entitled, at law or in equity. Upon termination of this
Agreement, all rights granted to you will automatically terminate
and immediately revert to Hostrelief.com and its licensers.
9. Trademarks
Hostrelief.com, the Hostrelief.com logo, Host Relief, and all other trademarks, service marks and trade
names used on the Service are the property of their respective
owners, and all of the above trademarks may not be copied,
downloaded or otherwise exploited without the permission of
Hostrelief.com or the owner of such trademark, service
mark or trade name, except as explicitly permitted in Section
1 above.
10. Minors
If you have agreed to allow your minor child, or a child for
whom you are legal guardian (a "Minor"), to use
the Service, you agree that you shall be solely responsible
for: (a) the online conduct of such Minor; (b) monitoring
such Minor's access to and use of the Service; and (c) the
consequences of any use of the Service by such Minor. Children
under the age of 13 should not register for any Service hereunder.
At various places on the Service, we ask whether users are
under the age of 18 or 13. Hostrelief.com relies on our
users to be truthful in responding to these questions. If
a user does not identify his/her proper age, we will have
no way of verifying actual age with respect to our privacy
policy.
11. Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, Hostrelief.com
hereby notifies you that parental control protections (such
as computer hardware, software, or filtering services) are
commercially available that may assist you in limiting access
to material that is harmful to minors. Information identifying
current providers of such protections is available at the
Electronic Frontier Foundation Web site, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/,
and at the America Links Up Web site, http://www.netparents.org/parentstips/browsers.html.
To view information on our policy regarding the privacy of
children under the age of 13, please see our privacy policy.
12. Infringement Policy
Hostrelief.com, pursuant to 17 U.S.C. Section 512 as
amended by Title II of the Digital Millennium Copyright Act
(the "Act"), reserves the right, but not the obligation,
to terminate your license to use the Service if it determines
in its sole and absolute discretion that you are involved
in infringing activity, including alleged acts of first-time
or repeat infringement, regardless of whether the material
or activity is ultimately determined to be infringing. Hostrelief.com
accommodates and does not interfere with standard technical
measures used by copyright owners to protect their materials.
In addition, pursuant to 17 U.S.C. Section 512(c), Hostrelief.com
has implemented procedures for receiving written notification
of claimed infringements and for processing such claims in
accordance with the Act. All claims of infringement must be
submitted to Hostrelief.com in a written complaint that
complies with the requirements below and is delivered to our
designated agent to receive notification of claimed infringement:
By mail:
WMH Law Department
1921 SW 168TH
Seattle, WA 98166
In addition, any written notice regarding any defamatory or
infringing activity, whether of a copyright, patent, trademark
or other proprietary right must include the following information:
A. A physical or electronic signature of a person authorized
to act on behalf of (1) the owner of an exclusive right that
is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative
list of such works at that site. Similarly, for materials
that are defamatory or infringe patent, trademark, or other
proprietary rights of a third party, please submit a list
of such materials.
C. Identification of the material that is claimed to be infringing,
to be the subject of infringing activity, or that is claimed
to be defamatory and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to
permit us to locate the material.
D. Information reasonably sufficient to permit us to contact
you, such as your address, telephone number, and/or electronic
mail address.
E. A statement that you have a good faith belief that use
of the material in the manner complained of is not authorized
by the copyright or other proprietary right owner, its agent,
or the law.
F. A statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed or on behalf of the person defamed.
13. Modification
Hostrelief.com reserves the right, in its sole discretion,
to amend this Agreement, and to modify, add or discontinue
any aspect, content, or feature of the Service. Such amendments,
modifications, additions or deletions shall become effective
upon notice thereof, which may be provided to you by posting
on the Service, via e-mail or any other reasonable means.
Continued use of the Service by you shall constitute your
binding acceptance of any such amendments, modifications,
additions or deletions.
14. Export Control
Information Unless otherwise specified, the materials on the
Service are presented solely to provide information regarding
and to promote Hostrelief.com's Services and other products
available in the United States, its territories, possessions
and protectorates. The Service is controlled and operated
by Hostrelief.com from its offices within the state of
Washington, United States of America. Hostrelief.com
makes no representation that materials on the Service are
appropriate or available for use outside the United States.
Those who choose to access the Service from outside the United
States do so on their own initiative and are responsible for
compliance with local laws, if and to the extent that local
laws are applicable. Software from the Service is further
subject to United States export controls. No software from
the Service may be downloaded or otherwise exported or re-exported
(A) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country to which the
U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury
Department list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By using the Service,
you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country
or on any such list.
15. Miscellaneous
This Agreement shall be governed by and construed in accordance
with the laws of the State of New York without giving effect
to any principles of conflicts of law. Although you acknowledge
that we will have the ability to enforce our rights in any
court of competent jurisdiction, you hereby consent to the
exclusive jurisdiction and venue of courts in Seattle, Washington,
U.S.A., regarding any and all disputes relating to this Agreement
or your use of the Service. You acknowledge and agree that
the warranty disclaimers and liability and remedy limitations
in this Agreement are material terms of this Agreement and
that they have been taken into account in the decision by
Hostrelief.com to provide the Service hereunder. You
may not assign any of your rights, obligations or privileges
hereunder without the prior, written consent of Hostrelief.com.
Any assignment of the foregoing other than as provided for
in this section shall be null and void, ab initio. 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, shall be enforced to the fullest
extent allowed by law as to effect the intention of the parties,
and shall not affect the validity and enforceability of any
remaining provisions. This Agreement and any posted operating
rules constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all prior
or contemporaneous communications and proposals, whether oral
or written, between the parties with respect to such subject
matter. No waiver of any provision or any right granted hereunder
will be effective unless set forth in a written instrument
signed by the waiving party. No waiver by either party of
any breach or default hereunder shall be deemed a waiver of
any subsequent breach or default. You agree not to reproduce,
duplicate, copy, sell, resell, or exploit for any commercial
purposes, any portion of the Service or access to the Service.
The titles and subtitles used in this Agreement are used for
convenience only and are not to be considered in construing
or interpreting this Agreement.
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