Hosting News Terms of Service
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Site Terms of Service
These Terms of Service govern your use of the TheHostingNews.com website, or any other site owned or operated by Hosting News, LLC, (collectively the “Sites”) as well as any and all services offered or provided by Hosting News, LLC (“HostingNews”).
We reserve the right to change these Terms of Service or to impose new conditions on use of the Sites, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Sites after we post any such changes, you accept the Terms of Service, as modified.
INTELLECTUAL PROPERTY RIGHTS / COPYRIGHT / REPRINT
This Sites and all the materials available on the Sites are the property of HostingNews and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Sites is provided solely for your personal noncommercial use. You may not use the Sites or the materials available on the Sites in a manner that constitutes an infringement of our rights or that has not been authorized by HostingNews in writing.
More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Sites. You may, however, from time to time, download and/or print one copy of individual pages of the Sites for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Information about requesting permission to reproduce or distribute materials from the Sites can be obtained by contacting qa [at] thehostingnews.com.
By posting or submitting any material (including, without limitation, photos and videos) to HostingNews via the Sites, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are 18 years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Sites in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending notice to qa [at] thehostingnews.com. Please include the following information in your notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Sites; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Associated Press Materials. Some of the material available on the Sites is provided by the Associated Press. By using this Sites you agree and acknowledge that (1) Associated Press text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium and (2) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions in its materials or in the transmission or delivery of all or any part of its materials, or for any damages arising from any of the foregoing.
Certain sections of the Sites may allow you to purchase products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Sites or on a site linked to by the Sites, you agree to bound by that third-party’s terms of service. You release HostingNews and our affiliates from any damages that you may incur, and agree not to assert any claims against HostingNews arising from your purchase or use of any products or services made available by third parties through the Sites.
Throughout the Sites, we have provided links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Sites or on websites linked to by us on the Sites.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
This agreement constitutes the entire agreement between HostingNews and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Sites. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any principles of conflicts of law. 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.
Advertiser/Customer Terms of Service
These Terms of Service apply to you (“the Customer”) if you have ordered any services (the “Services”) from Hosting News, LLC (“HostingNews”).
HostingNews is an online media, content, news, and advertising provider. Under the terms of this agreement, your placement of information on our servers or subscription to our news feeds or participation in our advertising programs or any other Services offered by HostingNews is an acknowledgment that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below.
1. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for use of any account created for you by HostingNews, are at least 18 years of age. You agree to supply HostingNews with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
You agree to indemnify, defend, and hold harmless HostingNews from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, HostingNews, or any other party or parties without limitation or exception.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
HostingNews reserves the right to refuse or discontinue service to anyone at our sole discretion. HostingNews may deny you access to all or part of the service without notice if you engage in any conduct or activities that HostingNews in its sole discretion believes violates any of the terms and conditions in this agreement. HostingNews shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.
4. NO WARRANTIES OR GUARANTEES
HostingNews makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by HostingNews or its agents or employees shall create a warranty. HostingNews provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall HostingNews be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with HostingNews service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services.
Your use of the Services is at your sole risk. HostingNews is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on HostingNews servers.
You understand that by placing information on HostingNews servers that such information becomes available to all Internet users and that HostingNews has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of HostingNews servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through HostingNews or on the Internet generally.
5. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access.
You agree to adhere to system policies as published online by HostingNews, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at HostingNews. You agree to abide by any and all future policy decisions.
You agree that the security of any account created for you by HostingNews is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify HostingNews immediately in writing via electronic mail to qa [at] thehostingnews.com. You shall be held fully responsible for any misuse or compromise to your account for which HostingNews is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, HostingNews has the right to suspend access to the account pending an investigation and resolution. You also agree that HostingNews has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you.
6. REFUND POLICY
As all Services provided can not be returned and/or resold, we do not offer refunds for payments related to any Services. Notwithstanding the aforementioned, HostingNews may offer account credits as it sees fit on a case by case basis if Customer is not satisfied with any or all of the Services.
You agree to supply appropriate payment for the services received from HostingNews, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify HostingNews of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that HostingNews may apply the amount due to the provided card at any time.
8. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication you may have had with HostingNews or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
10. APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the applicable laws of the State of Indiana and the United States of America. Customer agrees that all services provided by HostingNews shall be deemed to have been requested and provided in Tippecanoe County, Indiana. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.
By placing and continuing to maintain or place information, including graphics, on HostingNews’s servers, or by continuing to use any of the Services, you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.