|
In this
Agreement, "We," "Us," and "Our" refer to Assorted; "You,"
"Your," and "Yourself" refer to the entity utilizing the Assorted web hosting service; "Our
Site" refers to the website located at the URL http://www.assorted.com.
Assorted provides its service to You,
subject to the following Terms of Service ("TOS"). We may amend this
Agreement at any time by posting the amended terms on Our Site (please see
Paragraph 22 for more details). The amendment shall automatically become
effective three (3) days after they are initially posted on Our Site. This
Agreement may not be otherwise be amended except in a writing signed by both
You and Us. You can review the TOS at any time at the following address: http://www.assorted/legal/free_hosting.php.
In addition, when using particular Assorted
services, You shall be subject to any posted guidelines or rules applicable to
such services, which may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into this TOS.
1. SERVICE DESCRIPTION
Assorted currently provides users
with access to a broad selection of on-line resources, including free web
hosting, 20 megabytes of free server space, unlimited data transfers, free
web-based email, and personalized content, through its network (the
"System"). Unless explicitly stated otherwise, any new features that
enhance the current System, including the release of new Assorted features, shall be subject to the
TOS. You understand and agree that the System is provided "AS-IS,"
and that Assorted assumes no
responsibility for the timeliness, deletion, misdelivery or failure to store
any user communications or personalization settings.
2. REGISTRATION OBLIGATIONS
In consideration of Your use of the System, You agree: (a) that You are at
least 13 years of age; (b) to provide true, accurate, current and complete
information about Yourself as prompted by the registration form (this
information will comprise the "Database"); (c) to complete the Assorted questionnaire; (d) to receive the Assorted newsletter; and (e) to maintain
and promptly update the Database to keep it true, accurate, current and complete.
Non-compliance with any of these obligations during the maintenance of Your
account may result in the suspension or termination of Your account, and may
result in the refusal of any and all current or future use of the System, or
any portion thereof at the sole discretion of Us.
3. Assorted PRIVACY POLICY
The Database and certain other information about You is subject to our Privacy
Policy. Pursuant to Our privacy policy, We may disclose to third parties
certain information contained in Your Database, provided that such information
will NOT include personal information, except as specifically authorized by You
or in the good faith belief that such action is reasonably necessary to comply
with the law, legal process, to enforce the TOS, or under any of the other
circumstances set forth in our privacy policy. For more information, please see
Our complete privacy policy at http://www.assorted/legal/privacy.php.
4. MEMBER ACCOUNT INFORMATION
You will receive a password and account designation upon completing the
System's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under Your password or account. You agree to (a)
immediately notify Assorted of any
unauthorized use of Your password or account or any other breach of security,
and (b) ensure that You exit from Your account at the end of each session. We
will not be liable for any loss or damage arising from Your failure to comply
with this Section.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
entity from which such Content originated. This means that You, and not Assorted, are solely responsible for all
Content that You upload, post, email or otherwise transmit via the System. We
do not control the Content posted via the System and as such, do not guarantee
the accuracy, integrity or quality of such Content. You understand that by
using the System, You may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will We be liable in any way for any
Content, including but not limited to, any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the System.
You agree
to not use the System to:
a.
Upload, post, email or otherwise transmit any Content that is directed to
inciting or producing imminent conduct that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise
objectionable and is likely to produce such conduct;
b. Harm
minors in any way;
c.
Impersonate any person or entity, including, but not limited to, a Assorted official, forum leader, guide or
host, or falsely state or otherwise misrepresent Your affiliation with a person
or entity;
d. Forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the System;
e.
Upload, post, email or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
agreements);
f.
Upload, post, email or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights of any
party;
g.
Upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," or "pyramid schemes;"
h.
Upload, post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
i.
Disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the System are able to type, or otherwise act in a
manner that negatively affects other user's ability to engage in real time
exchanges;
j.
Interfere with or disrupt the System or servers or networks connected to the
System, or disobey any requirements, procedures, policies or regulations of
networks connected to the System;
k.
Intentionally or unintentionally violate any applicable local, state, national
or international law;
l.
"stalk" or otherwise harass another;
m.
Collect or store personal data about other users;
n.
Promote or provide instructional information about illegal activities, promote
physical harm or injury against any group or individual, or promote any act of
cruelty to animals.
6. ADVERTISING BANNERS
You agree that as a condition of your use of our free hosting services, you
will,at all times, display our advertising banners on all of your websites. You
also agree that you will not use any means to remove, alter, modify or
otherwise manipulate the design and/or format of our banners for as long as you
maintain a website on our servers. In the event you breach any obligation of
this Paragraph, you agree that you will pay us liquidated damages in the amount
of US$15.00 per 1000 page views (this corresponds to a US$15 CPM rate) plus
attorney fees and court costs. Furthermore, you agree that we reserve the
right, at our sole discretion, to suspend and/or terminate any service
currently provided to you by us.
All
domain names hosted through our service or using our name servers may be
pointed to a "Parked" Web page. The "Parked" Web page may
be modified at any time by Assorted without prior notice to you and may include
such things as, without limitation (i) links to additional products and
services offered by registrar, (ii) advertisements for products and services
offered by third-parties, and (iii) an internet search engine interface. To see
a sample Parked Web page, please click here. If for any reason you do not wish to have the
domain name you have registered pointed to a "Parked" page, you can
choose the no hosting option to disable the "Parked" Page.
Alternatively, if you do not wish to have the domain name you have registered
pointed to a "Parked" page, you may choose to host the domain name
with another hosting provider rather than using name servers provided by
registrar.
7. SPECIAL CONSIDERATIONS FOR INTERNATIONAL USE
You agree to comply with all local rules regarding online conduct and
acceptable Content. Specifically, You agree to comply with all applicable laws
regarding the transmission of technical data exported from the United States or the country in which You reside.
8. CONTENT SUBMITTED TO Assorted
You agree that Assorted and its
designees have the right to refuse or move any Content that is available through
the System. Additionally, Assorted
and its designees shall have the right to remove any Content that violates the
TOS or is otherwise objectionable. You agree that You must evaluate and bear
all risks associated with the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, You
acknowledge that You may not rely on any Content created by Assorted or submitted to Assorted. You acknowledge and agree that We
may preserve Content and may also disclose Content if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties; or (d) protect
the rights, property, or personal safety of Assorted,
its users and the public. You understand that the technical processing and
transmission of the System, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
9. PUBLIC CONTENT POSTED TO Assorted
(a) For purposes of the TOS, "publicly accessible areas of the
System" are those accessible by the general public.
(b) With respect to Content You elect to post for inclusion in publicly
accessible areas of Assorted or
that consists of photos or other graphics You elect to post to any other
publicly accessible area of the System, You grant Assorted the world-wide, royalty free and non-exclusive
license to reproduce, modify, adapt and publish such Content on the System
solely for the purpose of displaying, distributing and promoting the specific Assorted site to which such Content was submitted,
or, in the case of photos or graphics, solely for the purpose for which such
photo or graphic was submitted to the System. This license exists only for as
long as You elect to continue to include such Content on the System and shall
be terminated at the time You delete such Content from the System.
10. INDEMNITY
You agree to indemnify and hold Assorted,
and its subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including reasonable
attorney's fees, made by any third party due to or arising out of Content You
submit, post to or transmit through the System, Your use of the System, Your
connection to the System, Your violation of the TOS, or Your violation of any
rights of another.
11. PROHIBITION AGAINST RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the System, use of the System, or access to
the System.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Assorted may
establish general practices and limits concerning use of the System, including
without limitation the maximum number of days that email messages or other
uploaded Content will be retained by the System, the maximum number of email
messages that may be sent from or received by an account on the System, the
maximum size of any email message that may be sent from or received by an
account on the System, the maximum disk space that will be allotted on Assorted's servers on Your behalf, and the
maximum number of times (and the maximum duration for which) You may access the
System in a given period of time. You agree that Assorted has no responsibility or liability for the deletion
or failure to store any messages and other communications or other Content
maintained or transmitted by the System. You acknowledge that Assorted reserves the right to log off
accounts that are inactive for an extended period of time. You further
acknowledge that Assorted reserves
the right to change these general practices and limits at any time with or
without prior notice.
13. MODIFICATIONS TO SYSTEM
Assorted reserves the right at any
time to modify or discontinue, temporarily or permanently, the System, or any
part thereof with or without prior notice. You agree that Assorted shall not be liable to You or to
any third party for any modification, suspension or discontinuance of the
System.
14. TERMINATION
You agree that Assorted may
terminate Your password, account, Assorted
Site, use of the System, or use of any other Assorted
service, and remove and discard any Content within the System, for any reason,
including, without limitation, for lack of use or if Assorted believes that You have violated or acted
inconsistently with the provisions of the TOS. Assorted may also, at any time, discontinue providing the
System, or any part thereof, with or without prior notice. You agree that any
termination of Your access to the System under any provision of this TOS may be
effected without prior notice, and acknowledge and agree that Assorted may immediately deactivate or
delete Your account and Assorted
Site and all related information and files in Your account and Assorted Site and/or bar any further access
to such files or the System. Further, You agree that Assorted shall not be liable to You or any third-party for any
termination of Your access to the System.
15. OTHER GROUNDS FOR TERMINATION
We reserve the right, in our sole discretion, to terminate your free hosting
service with respect to any domain name that you subsequently transfer to
another registrar. You understand and acknowledge that your continued use of
our free hosting service is conditioned on your domain remaining registered
with us and not violating our other stated conditions.
16. DEALINGS WITH ADVERTISERS
Assorted runs advertisements and
promotions on Assorted Sites. By
creating Your Assorted Site, You
agree that Assorted has the right
to run such advertisements and promotions. The manner, mode and extent of
advertising by Assorted on Your Assorted Site is subject to change. Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the System, 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
advertiser. You agree that Assorted
shall 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
advertisers on the System.
17. LINKS
The System may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Assorted
has no control over such sites and resources, You acknowledge and agree that Assorted is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that Assorted shall not
be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
18. Assorted'S PROPRIETARY RIGHTS
You acknowledge and agree that the System and any necessary software used in
connection with the System ("Software") contains proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the System or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by Assorted or advertisers, You agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on
the System or the Software, in whole or in part. Assorted grants You a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on a
single computer; provided that You do not (and do not allow any third party to)
copy, modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the System. You agree not to access the System
by any means other than through the interface that is provided by Assorted for use in accessing the System.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Assorted
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. Assorted MAKES NO WARRANTY THAT (i) THE
SYSTEM WILL MEET YOUR REQUIREMENTS, (ii) THE SYSTEM WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SYSTEM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SYSTEM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
C. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
D. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Assorted OR THROUGH OR FROM THE SYSTEM
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Assorted
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Assorted HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SYSTEM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SYSTEM;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SYSTEM; OR (v) ANY OTHER MATTER
RELATING TO THE SYSTEM.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS PROVIDED IN SECTIONS 18 MAY NOT APPLY TO YOU.
22. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
The System is provided for informational purposes only, and no Content included
in the System is intended for trading or investing purposes. Assorted shall not be responsible or liable
for the accuracy, usefulness or availability of any information transmitted via
the System, and shall not be responsible or liable for any trading or
investment decisions made based on such information.
23. NOTICE
Notices to You may be made via either email or regular mail. The System may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to You generally on the System.
24. MODIFICATION
We may modify any of the terms and conditions contained in this TOS at any time
and in Our sole discretion. A change notice will be posted on Our Site and
shall be effective after three (3) days after they are posted on Our Site.
25. COPYRIGHTS and COPYRIGHT AGENTS
Assorted respects the intellectual
property of others, and we ask our users to do the same. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please provide Assorted's
Copyright Agent the following information:
1. an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
2. a description of the copyrighted work that You claim has been infringed;
3. a description of where the material that You claim is infringing is located
on the site;
4. Your address, telephone number, and email address;
5. a statement by You that You have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
6. a statement by You, made under penalty of perjury, that the above
information in Your Notice is accurate and that You are the copyright owner or
authorized to act on the copyright owner's behalf.
Assorted'
Copyright Agent for Notice of claims of copyright infringement on its site is
who can be reached as follows:
By mail:
Sigmund
Solares
Assorted, LTD
PO Box 11207
Grand Cayman, Not Applicable KY1-1008
KY
By email:
legal@assorted.com
26. GENERAL INFORMATION
This TOS constitutes the entire agreement between You and Assorted and governs Your use of the
System, superceding any prior agreements between You and Assorted. You also may be subject to
additional terms and conditions that may apply when You use affiliate services,
third-party content or third-party software. The TOS and the relationship
between You and Assorted shall be
governed by the laws of the Cayman Islands without regard to its conflict of
law provisions. You and Assorted
agree to submit to the personal and exclusive jurisdiction of the courts
located within the Cayman Islands. The failure of Assorted to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision. If any provision
of the TOS is found by a court of competent jurisdiction to be invalid, the
parties agree that the court should proceed to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the TOS
remain in full force and effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to
use of the System or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
27. Copyright Notice
The documents and information on this Web site are copyrighted materials of Assorted and its information providers.
Reproduction or storage of materials retrieved from this service is subject to
the U.S. Copyright Act of 1976, Title 17 U.S.C. Assorted and the Assorted
logo are trademarks of Assorted, Ltd. All rights reserved.
28. VIOLATIONS
Any violations of the TOS should be reported to Us at hostmaster@assorted.com. In the event
that You breach any of the above provisions of this Agreement, You agree that
We may terminate Your use of Our domain nameservers. In the event such a breach
occurs by You, We will post a page from Your domain name stating that You have
violated Our terms and conditions of service.
|