Please report any violations of the TOS, especially unsolicited commercial email (UCE) violations, to
firstname.lastname@example.org. For DMCA/copright claims click here.
- ACCEPTANCE OF TERMS
Hostasaurus, Inc. provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. You can review the most current version of
the TOS at any time at:
http://www.hostasaurus.com/tos.php. In addition, when using
particular Hostasaurus, Inc. services, you and Hostasaurus, Inc. 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 the TOS. Third parties ordering on behalf of a Customer agree to make the Customer aware of these terms and that their use of the Service is bound by this agreement.
- DESCRIPTION OF SERVICE
You understand and agree that the Service is provided "AS-IS" and
that Hostasaurus, Inc. assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
In order to use the Service, you must
obtain access to the World Wide Web, either directly or through devices
that access web-based content, and pay any service fees associated with
such access. In addition, you must provide all equipment necessary to make
such connection to the World Wide Web, including a computer and modem or
other access device. Please be aware that Hostasaurus, Inc. may host certain areas
on the Service that contain adult or mature content. You must be at least
18 years of age to access and view such areas or of the legal age as set by your local
jurisdiction, which ever age is greater.
Hostasaurus typically performs maintenance to the equipment and software responsible for our Services on Sunday mornings between 4:00 AM EST and 7:00 AM EST, when necessary. All reasonable efforts are made to require no interruption in Service while maintenance is performed. If scheduled maintenance is expected to impact site or email availability, affected users will be notified at least 48 hours in advance.
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you certify that: (a) you will provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data"), (b) you will maintain and promptly update the Registration
Data to keep it true, accurate, current and complete, (c) you are not currently under the employ, contract or control, or otherwise represent the interests of, an entity who offers competing or similar services to Hostasaurus, including, but not limited to, the hosting of websites, shopping carts and mailing lists. If you provide any
information that is untrue, inaccurate, not current or incomplete, or
Hostasaurus, Inc. has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Hostasaurus, Inc. has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof). Hostasaurus, Inc. maintains the right to seek legal remedy against those who knowingly misrepresent themselves in violation these aforementioned requirements.
- ACCOUNT PAYMENT AND CANCELLATION
You agree that for billing purposes Hostasaurus may automatically bill your credit card for recurring hosting charges. Your billing period establishes the length of your service agreement, the minimum period is one month; accounts less then $15/month are billed quarterly or semi-annually. Charges are billed at the beginning of the service period indicated by the date shown on your invoices and are for a minimum of one month; Service is not pro-rated for partial months if cancelled. Hostasaurus will continue billing you for the Service until cancellation is requested in writing (mail, fax or email) by the account holder. Ceasing your use of the Service is not an acceptable notification of cancellation. Hostasaurus may request additional information in order to verify the authenticity of any account changes. Any outstanding balances on the account must be cleared before the account is closed. New billing information may be submitted at any time at the following URL: http://www.hostasaurus.com/ccsubmit
PayPal Payflow Pro accounts must be cancelled seven days prior to their monthly renewal due to shutdown processing time on PayPal's side. Accounts not cancelled at least seven days prior to renewal will be required to pay for the new month.
Hostasaurus may, at its discretion, suspend hosting accounts within seven days of a declined charge or past-due check payment. This grace period may be eliminated if multiple payments by Customer are made past-due in any twelve-month period and the Service will be subject to immediate shutdown at the discretion of Hostasaurus.
Domain names or retail SSL secure certificates registered through the Hostasaurus service will not be renewed automatically without the prior written permission of the account
holder. All domain and SSL secure certificate registrations must be paid in full before registration and are not refundable once the domain or certificate has been renewed/registered. Shared .hostasaurus.com SSL certificates are considered services and are renewed annually unless cancelled or replaced with a retail certificate.
Returned checks carry a $15 fee.
Customers who have their credit card declined for two successive months or who decline more than twice in a given month will be charged a $5 processing fee.
Customers can choose to pay quarterly, semi-annually or annually to receive a discount. Customers may switch between monthly and the other options at any time. Customers who switch their payment frequency in a way that requires a credit back to a credit card may be assessed an amount not to exceed 4% of the invoice in question for processing of such a change.
There will be no support provided for any aspect of accounts that are past due. Service may be disabled for accounts that are past due.
Domain names that remain directed at Hostasaurus services after cancellation may be directed to Google AdSense advertising.
Hostasaurus, Inc. does not resell or use your Registration Data
for marketing purposes. All credit card information is
encrypted with strong SSL and all methods to retreive your order
information are encrypted. Hostasaurus may contact the account contact
for notices regarding service changes or activites effecting the account.
Hostasaurus, Inc may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation or governmental request. Hostasaurus, Inc assumes no obligation to inform you that such information has been provided and, in some cases, may be prohibited by law from providing you with notice.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service'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 including those performed by any third party granted access to the Service by you. You agree to (a)
immediately notify Hostasaurus, Inc. 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. Hostasaurus, Inc. cannot and will not be
liable for any loss or damage arising from your failure to comply with
this Section 6.
- 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 person from which such Content originated. This
means that you, and not Hostasaurus, Inc., are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via the Service. Hostasaurus, Inc.
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will Hostasaurus, Inc.
be liable in any way for any Content, including, but not limited to, for
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, transmitted or
otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is
unlawful, threatening, harassing, tortious or libelous;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to,
a Hostasaurus, Inc. official, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available 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);
- upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, multi-level marketing, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such purpose; the first
proven instance of this activity will result in a warning with the second
resulting in account termination and forfeiture of any remaining credit with Hostasaurus, Inc.
See the paragraph following this list for additional caveats to this rule.
- upload, post, email, transmit or otherwise make available 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
- upload, post, install or otherwise make available any software, web
page, cgi-script or other type of material that does any type of listening
or request servicing on the Hostasaurus, Inc. servers. This includes, but is
not limited to, chat room software daemons, any other type of server or daemon, or anything that
does more than just service the current request and then exit. This requirement does not apply to dedicated server customers.
- interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service; this includes behavior suggesting such activities are being actively planned.
- send mass/bulk mailings through the Hostasaurus outgoing POP/IMAP/Webmail mail servers even if lists are double opt-in and fully verified. You may utilize your own mailing software on your shared web space or dedicated server for these mailings provided the software in question is opt-in and bouncing/bad/unsubscribed addresses are promptly removed from the list(s). We enforce this rule to be sure a large mailing does not deny service to customers' e-mail accounts;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law. A violation of law, by nature, is considered to have occurred when a court of law rules to that effect.
- "stalk" or otherwise harass another; or
- collect or store data about other users of the Service.
You acknowledge that you will not upload, post, email, transmit or otherwise
make available any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are designated
for such purpose or to consumers that have been verified to have opted-in to
receiving your message whose purpose is promoting your Content, promoting third party
revenue/referral-generating content, and/or services served by the Hostasaurus, Inc
Service. All commercial non-transactional mailings must include a working, automated opt-out
mechanism and opt-out requests will be honored within ten business days. All other
additional CAN-SPAM regulations must be met for mailings. The first proven instance of a violation will result in a warning with
the second resulting in account termination and forfeiture of any remaining credit
with Hostasaurus, Inc. Hostasaurus, Inc. reserves the right to impose an administrative
fee for the investigation of excessive abuse complaints to ensure complaints with these
Terms of Service. Investigations will require that you produce documentation of how
a complainant has "opted-in" to receive your message and on what date. All mailing lists
must have "bad" (i.e., "bounced") member addresses purged regularly.
You acknowledge that Hostasaurus, Inc. does not pre-screen Content, but that Hostasaurus, Inc.
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is made available via the
Service. If your use of the Service is in a 'shared' environment, meaning you are receiving Service on hardware that other customers are also using, and your use of the Service is determined to be consuming an abnormally large amount of resources, Hostasaurus, Inc. may require that your service be reprovisioned on 'dedicated' hardware specific to your account. Hostasaurus, Inc. takes no responsibility for any material created or accessible through the Service. Without limiting the foregoing, Hostasaurus, Inc. 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 Hostasaurus, Inc. or
submitted to Hostasaurus, Inc., including without limitation information in Hostasaurus, Inc.
Message Boards, and in all other parts of the Service.
You acknowledge and agree that Hostasaurus, Inc. 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 Hostasaurus, Inc., its users and the public.
You understand that the technical processing and transmission of the
Service, 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.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, 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.
- PUBLIC CONTENT POSTED TO HOSTASAURUS, INC.
(a) For purposes of the TOS, "publicly accessible areas of the Service"
are those areas of the Hostasaurus, Inc. network of properties accessible by the general
public. By way of example, a publicly accessible area of the Service would
include public Hostasaurus, Inc. corporate content and Hostasaurus, Inc. Message Boards, but would NOT include
private Hostasaurus, Inc. communication services such as Hostasaurus, Inc.
mail, shared or dedicated hosting accounts, or areas off of the Hostasaurus, Inc. network of properties such
as portions of World Wide Web sites that are not hosted or served by Hostasaurus, Inc.
(b) With respect to Content you elect to post for inclusion in publicly
accessible areas of Hostasaurus, Inc. websites, including photos or other
graphics, you grant Hostasaurus, Inc. the world-wide, royalty free and non-exclusive
license to reproduce, modify, adapt and publish such Content on the
Service solely for the purpose of displaying, distributing and promoting
Hostasaurus, Inc. This license exists only for as long
as you elect to continue to include such Content on the Hostasaurus, Inc. site in question and shall
be terminated at the time you delete such Content.
You agree to indemnify and hold Hostasaurus, Inc. and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or
your violation of any rights of another.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Hostasaurus, Inc. may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that email messages, log files, Hostasaurus.Com message board postings or other
uploaded Content will be retained by the Service, the maximum number of
email messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will be
allotted on Hostasaurus, Inc. servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in a
given period of time. You agree that Hostasaurus, Inc. has no responsibility or
liability for the deletion, failure to store or failure to receive any messages and other
communications or other Content maintained or transmitted by the Service.
You acknowledge that Hostasaurus, Inc. reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that
Hostasaurus, Inc. reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
You agree that if your account at any time exceeds monthly storage allotments,
Hostasaurus, Inc. may charge your account a $5.00 service fee and up to $3.50 for each 100 MB of extra disk space consumed. Monthly transfer overage will
be charged $2.50 per GB of overage. Lower rates may be negotiated. Please also see the following section regarding modification to the Service should you exceed your storage or traffic allotment for two consecutive months.
- MODIFICATIONS TO SERVICE
Hostasaurus, Inc. reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Hostasaurus, Inc. shall not be liable to you or
to any third party for any modification, suspension or discontinuance of
Hostasaurus, Inc. reserves the right to deny access to the Service in its entirety for accounts
in a past-due payment status; this includes the Service itself and any associated support.
Hostasaurus, Inc. reserves the right to alter your hosting plan specifications and billing to include the necessary monthly traffic and/or disk space allotments to meet your usage if your resource usage exceeds your plan for two consecutive calendar months.
An increase in plan will always result in a lower amount billed than continuing to exceed your plan specifications.
You agree that Hostasaurus, Inc. in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if Hostasaurus, Inc. believes that you have
violated or acted inconsistently with the letter or spirit of the TOS.
Hostasaurus, Inc. may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service under any
provision of this TOS may be effected without prior notice, and
acknowledge and agree that Hostasaurus, Inc. may immediately deactivate or delete your
account and all related information and files in your account and/or bar
any further access to such files or the Service. Further, you agree that
Hostasaurus, Inc. shall not be liable to you or any third-party for any termination of
your access to the Service. These clauses will supplant the agreement outlined
in the Hostasaurus, Inc. Contract.
Customers may request the termination of the Service provided to them at any time. Customers under contract may be subject to an early termination charge if provided by the contract. Services from Hostasaurus are normally billed in advance and are non-refundable except in the case of quarterly, semi-annual or annual payments where a pro-rated portion of the pre-payment will be refunded minus any discount that had been provided for the pre-payment.
Customers who accumulate multiple past-due invoices will have access to the Service, and the Service itself, terminated. Exceptions to this rule may only be granted by corporate officers of Hostasaurus, Inc. on a case-by-case basis.
HOSTASAURUS WILL NOT INTERVENE OR BECOME INVOLVED IN ANY DISPUTES BETWEEN YOU AND A THIRD PARTY. HOSTASAURUS RESERVES THE RIGHT, IN ITS SOLE AND EXCLUSIVE DISCRETION, TO SUSPEND OR TERMINATE SERVICES UPON ITS RECEIPT OF ANY THIRD PARTY COMPLAINT THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THESE TERMS OF SERVICE, RECEIPT OF ANY COMMUNICATION FROM YOU OR A THIRD PARTY THAT MAY OTHERWISE SUBJECT HOSTASAURUS TO LIABILITY FOR ANY REASON, OR RECEIPT OF ANY COMMUNICATION FROM YOU OR A THIRD PARTY THAT MAY CAUSE HOSTASAURUS TO INCUR LEGAL FEES OR OTHER EXPENSES.
- DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, 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 Hostasaurus, Inc. 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 Service.
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Hostasaurus, Inc. has no control over such
sites and resources, you acknowledge and agree that Hostasaurus, Inc. 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 Hostasaurus, Inc. 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.
- HOSTASAURUS, INC.'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain 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 Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by Hostasaurus, Inc. or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
Hostasaurus, Inc. 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 Service. You agree
not to access the Service by any means other than through the interface
that is provided by Hostasaurus, Inc. for use in accessing the Service.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOSTASAURUS, INC. 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
- HOSTASAURUS, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE 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
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM HOSTASAURUS, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOSTASAURUS, INC. 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 HOSTASAURUS, INC. HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
- 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. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
- SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any
news, messages, alerts or other information from concerning
companies, stock quotes, investments or securities, please read the above
Sections 17 and 18 again. Hostasaurus, Inc. shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted or made available
via the Service, and shall not be responsible or liable for any trading or
investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
- TRADEMARK INFORMATION
The Hostasaurus, Inc. logo, name, marks, and other product and service names are trademarks
of Hostasaurus, Inc. (the "Hostasaurus, Inc. Marks"). Without Hostasaurus, Inc.'s prior permission, you
agree not to display or use in any manner, the Hostasaurus, Inc. Marks.
- COPYRIGHTS and COPYRIGHT AGENTS or INTELLECTUAL PROPERTY
Hostasaurus, Inc. is registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act ("DMCA").
Infringement Notification Hostasaurus, Inc. respects the intellectual property ("IP")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, or infringement of other intellectual property, please provide Hostasaurus, Inc.'s
Copyright Agent the following information by mail or fax:
- a physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
- a description of the work that you claim has been
- a description and URL of where the material that you claim is infringing is
located on the site; this must be an exact URL or URL's to the material described above and not the base site URL;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright or IP owner, its agent, or the
- a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or IP
owner or authorized to act on the copyright or IP owner's behalf.
Hostasaurus, Inc. Copyright Agent for notice of claims of
copyright infringement on its site can be reached as follows:
Attn: Copyright Agent
5060 Shoreham Place, Suite 130
San Diego, CA 92122
For DMCA questions ONLY, email email@example.com.
DMCA claims must be sent by mail or fax, not email.
Counter Notification The administrator of an affected site may make a counter notification
under the Digital Millenium Copyright Act (DMCA) Section 512(g)(2) and (3).
To file a counter notification, you must
submit to the Hostasaurus, Inc Copyright Agent the following information by mail or fax:
- your address, telephone number, and email address;
- Identification of the material and its location (URL) before removal;
- a statement by you, made under penalty of perjury, that the material was removed by mistake or misidentification;
- statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Hillsborough County, Florida if your address is outside of the United States), and that you will accept service of process or subpoena from the person who provided notification of infringement or an agent of such person.
Under the DMCA Section 512(f), any person who knowingly misrepresents that material is infringing, or that it was removed/blocked by mistake,
is liable for any resulting damages (including attorneys' fees) incurred by the alleged infringer, the copyright owner/licensee, and Hostasaurus, Inc.
- GENERAL INFORMATION
The TOS constitute the entire agreement between you and Hostasaurus, Inc. and
govern your use of the Service, superceding any prior agreements between
you and Hostasaurus, Inc. 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 Hostasaurus, Inc.
shall be governed by the laws of the State of Florida without regard to
its conflict of law provisions. You and Hostasaurus, Inc. agree to submit to the
personal and exclusive jurisdiction of the courts located within the
county of Hillsborough, Florida. The failure of Hostasaurus, Inc. 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 nevertheless agree
that the court should endeavor 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 Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
For customers utilizing colocation or similar aspects of the Service where equipment not owned by Hostasaurus is used in conjunction with the Service, the Customer shall, at its sole cost and expense, procure, maintain, pay for and keep in force at all times throughout the term that the Customer receives Hostasaurus Service, the insurance coverage as specified below:
- Comprehensive general liability coverage on an occurrence basis in an amount of $1 million (USD) combined single limit for bodily injury and property damage. Said coverage shall include contractual, owners and contractors protective, products/completed operations, occurrence property damage, personal injury and contingent employer's liability endorsements, a cross liability clause, shall name Hostasaurus, Inc. as an additional insured and contain a severability of interests clause;
- All risk property coverage on a full replacement cost basis insuring all of the Customer's real and personal property situated on or within Hostasaurus owned, operated and/or utilized premises with the Customer and Hostasaurus, Inc. shown as loss payee to the extent of their respective interests. The policy shall contain a waiver by the Customer's insurers of any right of subrogation such insurer may or might have against Hostasaurus, Inc..
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