1. DESCRIPTION OF SERVICE
The Solutions Provider provides specialized hosting services to the Site Operator to permit it to, among other things, perform access authentication operations for users wishing to gain access to the Service and/or content pages uploaded by the Site Operator (hereinafter the 'Content Pages'). The End User is permitted to register to access the Content Pages and may be accepted or denied access by the Solutions Provider or the Site Operator.
2. RELATIONSHIP OF PARTIES
The End User acknowledges that the Solutions Provider and the Site Operator are separate parties and there is no express or implied partnership or joint venture between them. Furthermore, the End User acknowledges and understands that any Content Pages the End User accesses at the Solutions Provider are uploaded and maintained by the Site Operator. The Solutions Provider shall not be liable under any circumstance whatsoever for the Content Pages.
3. USE OF SERVICE
The End User understands and agrees that any password information shall be kept confidential and to notify the Solutions Provider immediately if the End User suspects its password has been compromised.
The End User also agrees the Solutions Provider may alter these terms and conditions at any time or cancel or modify the service in any way the Solutions Provider sees fit without prior notice to the End User.
The End User also agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or access to the Service.
The End User understands and agrees that the Solutions Provider, in its sole discretion and for any reason whatsoever, may terminate the End User's use of the Service and refuse all current and future requests to access or use the Service.
The End User further understands and agrees that the Solutions Provider shall have access to all data stored on its servers. However, the Solutions Provider shall not disclosed to any person or company the End User's customer lists and other confidential information of yours unless such information becomes publicly available, is received by the Solutions Provider from a third party, is independently developed by the Solutions Provider or the Solutions Provider is required by law to disclose such information. Notwithstanding the foregoing, the Solutions Provider shall have access to all data stored on its servers for statistical purposes, and may publicly disclose aggregate data, without reference to any individual User.
4. DISCLAIMER OF WARRANTIES
THE END USER UNDERSTANDS AND AGREES THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER. FOR GREATER CERTAINTY, THERE ARE NO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICE WILL PROVIDE UNINTERRUPTED OR ERROR FREE SERVICE. THE SOFTWARE HAS INHERENT LIMITATIONS AND THE END USER MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS THE END USER'S REQUIREMENTS.
THE END USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL OR INFORMATION OBTAINED OR DOWNLOADED THROUGH THE USE OF THE SERVICE IS DONE AT THE END USER'S OWN DISCRETION AND RISK AND THAT THE END USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE END USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.
FUTHERMORE, THE SOLUTIONS PROVIDER DOES NOT WARRANT OR GUARANTEE (1) THE ACCURACY, ADEQUACY, QUALITY, CURRENTNESS, VALIDITY, COMPLETENESS, OR SUITABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE; (2) THAT THE SERVICE WILL NOT CONTAIN ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (3) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
5. LIMITATION OF LIABILITY
In no event shall the Solutions Provider be liable to the End User or anyone for any delays, inaccuracies, errors or omissions with respect to the Service or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the Service. The Solutions Provider will not be responsible if any information obtained from the Service infects or contaminates the End User's system or information. The entire risk as to the quality and performance of the Service and the accuracy, adequacy, completeness, currentness, validity and quality of any information obtained therefrom is with the the End User.
THE END USER UNDERSTANDS AND AGREES THAT THE SOLUTIONS PROVIDER, AND ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCE WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS, GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF THE SOLUTIONS PROVIDER IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM THE END USER'S USE OR INABILITY TO USE THE SERVICES OR THE SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICES OR THE SOFTWARE.
6. ADVERTISEMENTS AND PROMOTIONS
The Solutions Provider may run advertisements and promotions on the Service. The End User understands and agrees that the Solutions Provider has the right to run such advertisements and promotions and the manner, mode and extent of advertising may change from time to time. The End User's dealings with any advertisers found on or through the Service are solely between the End User and the advertiser. The End User agrees that the Solutions Provider 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 advertisements on the Service.
7. LINKS TO OTHER SITES
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Solutions Provider has no control over such sites and resources, the End User acknowledges and agrees that the Solutions Provider 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. The End User further acknowledges and agrees that the Solutions Provider 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.
8. PROPRIETARY RIGHTS
The End User acknowledges that the Solutions Provider has proprietary rights in the Service and the software incorporated thereunder and that it is protected by applicable intellectual property and other laws. The End User may not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise discover any source code nor allow any third party to do so.
The Solutions Provider grants the End User a non-exclusive, non-transferable license to use the Software in object code form only on a server controlled by the Solutions Provider for the sole purpose of accessing the Service on such server. The End User is not being granted any right to copy the Software or to use it on computers other than the servers controlled by the Solutions Provider. The End User further acknowledges that the Service is intended for access and use by means of web browsing software, and that the Solutions Provider does not commit to support any particular browsing platform. The Solutions Provider reserves the right to, at any time and without notice to the End User, revise and modify the Service, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Service.
9. ON-LINE RESPONSIBILITY
The End User acknowledges that the Solutions Provider takes its responsibility to the on-line community seriously and wishes to minimize the number of complaints relating to pages hosted at the Solutions Provider. In this regard, the End User understands and agrees that the End User shall not use the Service in connection with any of the following materials, content or activities: (i) sexual material of a lewd, lecherous or obscene nature and/or intent or that violates local, state or national laws; (ii) any material that violates or infringes in any way upon the rights of others, including, without limitation, copyright or trademark rights; (iii) any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; (iv) content that promotes, encourages, or provides instructional information about illegal activities including, without limitation, hacking; (v) any software, information or other material that contains a virus, "Trojan Horse," trap door, corrupted data or any other harmful or damaging component; (vi) content containing hate propaganda, hate mongering, swearing, or fraudulent material; (vii) interfere with or disrupt the Service or servers or networks connected to the Service; (viii) intentionally or unintentionally violate any applicable local, state, national or international law; (ix) promote or provide instructional information about illegal activities.
