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Home: Terms of Service
1 ACCESS
We will provide you with access to the Website in accordance with these Conditions.
2 YOUR OBLIGATIONS
2.1 You:
2.1.1 agree not to use the Website (or any part of) for any illegal purpose
and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses,
macro viruses, trojan horses, worms or anything else designed to interfere
with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is
defamatory, offensive, or of an obscene or menacing character, or that may
cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted,
damaged, rendered less efficient or such that the effectiveness or functionality
of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the
rights of any person, firm or company (including, but not limited to, rights
of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any right, claim or action against
any Users arising out of that User's use of the Website, then you will pursue
such right, claim or action independently of and without recourse to us.
3 INDEMNITY
3.1 You agree to be fully responsible for (and fully indemnify us against)
all claims, liability, damages, losses, costs and expenses, including legal
fees, suffered by us and arising out of any breach of the Conditions by you
or any other liabilities arising out of your use of the Website, or the use
by any other person accessing the Website using your PC or internet access
account.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any
part of) with or without notice to you and you confirm that we shall not be
liable to you or any third party for any modification to or withdrawal of
the Website.
4.1.2 change these Conditions from time to time, and your continued use of
the Website (or any part of) following such change shall be deemed to be your
acceptance of such change. It is your responsibility to check regularly to
determine whether the Conditions have been changed. If you do not agree to
any change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website
is subject to change from time to time. You will not be eligible for any compensation
because you cannot use any part of the Website or because of a failure, suspension
or withdrawal of all or part of the Website due to circumstances beyond our
control.
5 THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links
to other websites or resources. You acknowledge and agree that we are not
responsible for the availability of such external sites or resources, and
do not endorse and are not responsible or liable, directly or indirectly,
for the privacy practices or the content (including misrepresentative or defamatory
content) of such websites, including (without limitation) any advertising,
products or other materials or services on or available from such websites
or resources, nor for any damage, loss or offence caused or alleged to be
caused by, or in connection with, the use of or reliance on any such content,
goods or services available on such external sites or resources.
6 MONITORING
We have the right, but not the obligation, to monitor any activity and content
associated with the Website. We may investigate any reported violation of
these Conditions or complaints and take any action that we deem appropriate
(which may include, but is not limited to, issuing warnings, suspending, terminating
or attaching conditions to your access and/or removing any materials from
the Website).
7 YOUR DATA
7.1 We respect your personal information and undertake to comply with applicable
US Data Protection legislation from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government authority
investigating suspected illegal activities, or upon receipt of a court order,
to provide your Personal Information and/or information concerning your activities
whilst using the Website we shall do so; and
7.3 We reserve the right in our reasonable discretion to disclose details
of your use of the Website in relation to any, or any threatened, Court Proceedings
in connection with your use, or the use of anyone under your control, of the
Website whether in connection with the matters set out in these Conditions
or otherwise.
7.4 Please view our Privacy Policy, which forms part of these Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all material or content supplied as part of
the Website shall remain at all times vested in us or our licensors. You are
permitted to use this material only as expressly authorised by us.
8.2 The Website is Copyright 2007, Host The Best.
9. LIMITATION OF LIABILITY
9.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY
INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS
OR IMPLIED IN RELATION TO ITS ACCURACY.
9.2 The Website is provided on an "as is" and "as available" basis without
any representation or endorsement. Unless specified in separate terms and
conditions related to a particular product or service, we make no warranties
of any kind, whether express or implied, in relation to the Website, or products
or services offered on the Website whether by us or on our behalf (including
free software downloads) including but not limited to, implied warranties
of satisfactory quality, fitness for a particular purpose, non-infringement,
compatibility, security, accuracy, condition or completeness, or any implied
warranty arising from course of dealing or usage or trade.
9.3 Unless specified in separate terms and conditions related to a particular
product or service, we make no warranty that the Website or products or services
offered on the Website whether by us or on our behalf (including free software
downloads) will meet your requirements or will be uninterrupted, timely, secure
or error-free, that defects will be corrected, or that the Website or the
server that makes it available or products or services offered on the Website
whether by us or on our behalf (including free software downloads) are free
of viruses or bugs or are fully functional, accurate, or reliable. We will
not be responsible or liable to you for any loss of content or material as
a result of uploading to or downloading from the Website.
9.4 Notwithstanding any other provision in the Conditions, nothing shall limit
your rights as a consumer under United States law.
9.5 You acknowledge that we cannot guarantee and therefore shall not be in
any way responsible for the security or privacy of the Website and any information
provided to or taken from the Website by you.
9.6 We will not be liable in contract, tort or otherwise if you incur loss
or damage connecting to the Website through a third party's hyper-text link.
9.7 We will not be liable, in contract, tort (including, without limitation,
negligence), pre-contract or other representations (other than fraudulent
misrepresentations) or otherwise out of or in connection with the Website
or products or services offered on the Website whether by us or on our behalf
(including free software downloads) for:
9.7.1 any economic losses (including without limitation loss of revenues,
profits, contracts, business or anticipated savings); or
9.7.2 any loss of goodwill or reputation; or
9.7.3 any special or indirect or consequential losses; in any case whether
or not such losses were within the contemplation of either of us at the date
on which the event giving rise to the loss occurred.
9.8 Nothing in the Conditions shall exclude or limit our liability for death
or personal injury resulting from our negligence or that of our servants,
agents or employees.
10 SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from these
Conditions and shall not effect the validity and enforceability of any of
the remaining provisions of the Conditions.
11 WAIVER
Nothing shall be construed as a waiver by us of any preceding or succeeding
breach of any provision.
12 ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement
between you and us relating to the subject matter covered and supersede any
previous agreements, arrangements, undertakings or proposals, written or oral,
between you and us in relation to such matters. No oral explanation or oral
information given by either of us shall alter the interpretation of these
Conditions. You confirm that, in agreeing to accept these Conditions, you
have not relied on any representation save insofar as the same has expressly
been made a representation in these Conditions and you agree that you shall
have no remedy in respect of any misrepresentation which has not become a
term of these Conditions save that your agreement contained in this Clause
shall not apply in respect of any fraudulent misrepresentation whether or
not such has become a term of these Conditions.
13 LAW
The Conditions will be exclusively governed by and construed in accordance
with the laws of United States whose Courts will have exclusive jurisdiction
in any dispute, save that we have the right, at our sole discretion, to commence
and pursue proceedings in alternative jurisdictions.
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