The Website provides the following service: reviews and related information about web hosting services (“Blogs Hoster Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.
Blogs Hoster makes no representation that the Website is appropriate or available in other locations other than where it is operated by Blogs Hoster.
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Blogs Hoster to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website.
Persons under the age of 13 are not permitted to register for the Website or use the Blogs Hoster Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT.
IF YOU DO NOT HAVE SUCH AUTHORITY YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE BLOG HOSTER SERVICE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT BLOGS HOSTER MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE BLOG HOSTER SERVICES OR THE WEBSITE.
2. Guidelines for Reviews.
Blogs Hoster may accept, reject or remove reviews in its sole discretion. Blogs Hoster has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
Those persons posting reviews should comply with the following criteria:
(1) reviewers should have firsthand experience with the person/entity being reviewed;
(2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity;
(3) reviewers should not be affiliated with competitors if posting negative reviews,
(4) reviewers should not be affiliated with the website or product reviewed unless the review acknowledges the affiliation and is in response to a specific prior review;
(5) reviewers should not make any conclusions as to the legality of conduct; and
(6) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative.
Reviews are not endorsed by Blogs Hoster, and do not represent the views of Blogs Hoster or of any affiliate or partner of Blogs Hoster. Blogs Hoster does not assume liability for any review or for any claims, liabilities or losses resulting from any review.
By posting a review, the reviewer hereby grants to Blogs Hoster a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Blogs Hoster to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Blogs Hoster Services (“Submissions”) provided by you to Blogs Hoster are non-confidential and Blogs Hoster (as well as any designee of Blogs Hoster) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
4. Prohibited Activities.
You may not access or use the Website for any other purpose other than that for which Blogs Hoster makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Blogs Hoster.
Prohibited activity includes, but is not limited to:
- criminal or tortious activity;
- systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Blogs Hoster;
- tricking, defrauding or misleading Blogs Hoster and other users;
- engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
- attempting to impersonate another user or person or using the username of another user;
- using the Blogs Hoster Service as part of any effort to compete with Blogs Hoster or to provide services as a service bureau;
- attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
- harassing, annoying, intimidating or threatening any Blogs Hoster employees or agents engaged in providing any portion of the Blogs Hoster Services to you;
- deleting the copyright or other proprietary rights notice from any Website content;
- using the Website in a manner inconsistent with any and all applicable laws and regulations.
5. Intellectual Property Rights.
The content on the Website (“Blogs Hoster Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Blogs Hoster, and are subject to copyright and other intellectual property rights under applicable laws and international conventions.
Blogs Hoster Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Blogs Hoster graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks.
Blogs Hoster trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Blogs Hoster.
Blogs Hoster Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Blogs Hoster Content and to download or print a copy of any portion of the Blogs Hoster Content to which you have properly gained access solely for your personal, non-commercial use. Blogs Hoster reserves all rights not expressly granted to you in and to the Website and Blogs Hoster Content and Marks.
6. Third Party Websites and Content.
The Website contains (or you may be sent through the Website or the Blogs Hoster Service) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”).
Such Third-Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Websites or the Third Party Content.
Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and Blogs Hoster takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
Blogs Hoster may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Blogs Hoster Services after any such modification becomes effective. Modifications to this Agreement shall be effective after posting.
Blogs Hoster reserves the right at any time to modify or discontinue, temporarily or permanently, the Blogs Hoster Services (or any part thereof) with or without notice.
You agree that Blogs Hoster shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Blogs Hoster Services.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Blogs Hoster reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND BLOGS HOSTER SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BLOGS HOSTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND BLOGS HOSTER SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BLOGS HOSTER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR BLOGS HOSTER SERVICES,
(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR
(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
11. Limitations of Liability.
IN NO EVENT SHALL BLOGS HOSTER OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE ORBLOGS HOSTER SERVICES, EVEN IF BLOGS HOSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Blogs Hoster, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Blogs Hoster Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Blogs Hoster will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
13. Electronic Contracting.
Your use of the Blogs Hoster Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE BLOGS HOSTER SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.