Version 1.0.1
Last revised on: 09/04/2018
The website located at hosted.name (the “Site”) is a copyrighted work
belonging to HGSSO Ltd t/a Hosted Name (“Company”, “us”, “our”, and “we”).
Certain features of the Site may be subject to additional guidelines,
terms, or rules, which will be posted on the Site in connection with such
features. Without limitation to the preceding sentence, your submission of
information, including personal information, through or in connection with
the Site is governed by the terms of our privacy policy as updated from
time to time, available at [http://hosted.name/legal-center/privacy-policy]
(“Privacy Policy”).
All such additional terms, guidelines, and rules, including our Privacy
Policy, are incorporated by reference into these terms of use (these
“Terms”).
These Terms set forth the legally binding terms and conditions that govern
your use of the Site. By accessing or using the Site, you are accepting
these Terms (on behalf of yourself or the entity that you represent), and
you represent and warrant that you have the right, authority, and capacity
to enter into these Terms (on behalf of yourself or the entity that you
represent). If you do not agree with all of the provisions of these Terms,
do not access and/or use the Site.
Accounts
Account Creation. In order to use certain features of the Site, you must
register for an account (“Account”) and provide certain information about
yourself as prompted by the account registration form. You represent and
warrant that: (a) all required registration information you submit is
truthful and accurate; (b) you will maintain the accuracy of such
information. You may delete your Account at any time, for any reason, by
following the instructions on the Site. Company may suspend or terminate
your Account in accordance with Section 8.
Account Responsibilities. You are responsible for maintaining the
confidentiality of your Account login information and are fully responsible
for all activities that occur under your Account. You agree to immediately
notify Company of any unauthorized use, or suspected unauthorized use of
your Account or any other breach of security. Company cannot and will not
be liable for any loss or damage arising from your failure to comply with
the above requirements.
Access to the Site
Licence. Subject to these Terms, Company grants you a non-transferable,
non-exclusive, revocable, limited licence to use and access the Site solely
for your own personal, non-commercial use.
Certain Restrictions. The rights granted to you in these Terms are subject
to the following restrictions: (a) you shall not license, sell, rent,
lease, transfer, assign, distribute, host, or otherwise commercially
exploit the Site, whether in whole or in part, or any content displayed on
the Site; (b) you shall not modify, make derivative works of, disassemble,
reverse compile or reverse engineer any part of the Site; (c) you shall not
access the Site in order to build a similar or competitive website,
product, or service; and (d) except as expressly stated herein, no part of
the Site may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means. Unless
otherwise indicated, any future release, update, or other addition to
functionality or content of the Site shall be subject to these Terms. All
copyright and other proprietary notices on the Site (or on any content
displayed on the Site) must be retained on all copies thereof.
Modification. Company reserves the right, at any time, to modify, suspend,
or discontinue the Site (in whole or in part) with or without notice to
you. You agree that Company will not be liable to you or to any third party
for any modification, suspension, or discontinuation of the Site or any
part thereof.
No Support or Maintenance. You acknowledge and agree that Company will have
no obligation to provide you with any support or maintenance in connection
with the Site.
Ownership. Excluding any User Content that you may provide (defined below),
you acknowledge that all the intellectual property rights, including
copyrights, patents, trade marks, and trade secrets, in the Site and its
content are owned by Company or Company’s suppliers. Neither these Terms
(nor your access to the Site) transfers to you or any third party any
rights, title or interest in or to such intellectual property rights,
except for the limited access rights expressly set forth in Section 2.1.
Company and its suppliers reserve all rights not granted in these Terms.
There are no implied licences granted under these Terms.
User Content
User Content. “User Content” means any and all information and content that
a user submits to, or uses with, the Site (e.g., content in the user’s
profile or postings). You are solely responsible for your User Content. You
assume all risks associated with use of your User Content, including any
reliance on its accuracy, completeness or usefulness by others, or any
disclosure of your User Content that personally identifies you or any third
party. You hereby represent and warrant that your User Content does not
violate our Acceptable Use Policy (defined in Section 3.3). You may not
represent or imply to others that your User Content is in any way provided,
sponsored or endorsed by Company. Because you alone are responsible for
your User Content, you may expose yourself to liability if, for example,
your User Content violates the Acceptable Use Policy. Company is not
obligated to backup any User Content, and your User Content may be deleted
from the Site at any time without prior notice. You are solely responsible
for creating and maintaining your own backup copies of your User Content if
you desire.
Licence. You hereby grant (and you represent and warrant that you have the
right to grant) to Company an irrevocable, nonexclusive, royalty-free and
fully paid, worldwide licence to reproduce, distribute, publicly display
and perform, prepare derivative works of, incorporate into other works, and
otherwise use and exploit your User Content, and to grant sublicences of
the foregoing rights, solely for the purposes of including your User
Content in the Site. You hereby irrevocably waive (and agree to cause to be
waived) any claims and assertions of moral rights or attribution with
respect to your User Content.
Acceptable Use Policy. The following terms constitute our “Acceptable Use
Policy”:
You agree not to use the Site to collect, upload, transmit, display, or
distribute any User Content (i) that violates any third-party right,
including any copyright, trademark, patent, trade secret, moral right,
privacy right, right of publicity, or any other intellectual property or
proprietary right; (ii) that is unlawful, harassing, abusive, tortious,
threatening, harmful, invasive of another’s privacy, vulgar, defamatory,
false, intentionally misleading, trade libelous, pornographic, obscene,
patently offensive, promotes racism, bigotry, hatred, or physical harm of
any kind against any group or individual or is otherwise objectionable;
(iii) that is harmful to minors in any way; or (iv) that is in violation of
any law, regulation, or obligations or restrictions imposed by any third
party.
In addition, you agree not to: (i) upload, transmit, or distribute to or
through the Site any computer viruses, worms, or any software intended to
damage or alter a computer system or data; (ii) send through the Site
unsolicited or unauthorized advertising, promotional materials, junk mail,
spam, chain letters, pyramid schemes, or any other form of duplicative or
unsolicited messages, whether commercial or otherwise; (iii) use the Site
to harvest, collect, gather or assemble information or data regarding other
users, including e-mail addresses, without their consent; (iv) interfere
with, disrupt, or create an undue burden on servers or networks connected
to the Site, or violate the regulations, policies or procedures of such
networks; (v) attempt to gain unauthorized access to the Site (or to other
computer systems or networks connected to or used together with the Site),
whether through password mining or any other means; (vi) harass or
interfere with any other user’s use and enjoyment of the Site; or (vi) use
software or automated agents or scripts to produce multiple accounts on the
Site, or to generate automated searches, requests, or queries to (or to
strip, scrape, or mine data from) the Site (provided, however, that we
conditionally grant to the operators of public search engines revocable
permission to use spiders to copy materials from the Site for the sole
purpose of and solely to the extent necessary for creating publicly
available searchable indices of the materials, but not caches or archives
of such materials, subject to the parameters set forth in our robots.txt
file).
Enforcement. We reserve the right (but have no obligation) to review any
User Content, and to investigate and/or take appropriate action against you
in our sole discretion if you violate the Acceptable Use Policy or any
other provision of these Terms or otherwise create liability for us or any
other person. Such action may include removing or modifying your User
Content, terminating your Account in accordance with Section 8, and/or
reporting you to law enforcement authorities.
Feedback. If you provide Company with any feedback or suggestions regarding
the Site (“Feedback”), you hereby assign to Company all rights in such
Feedback and agree that Company shall have the right to use and fully
exploit such Feedback and related information in any manner it deems
appropriate. Company will treat any Feedback you provide to Company as
non-confidential and non-proprietary. You agree that you will not submit to
Company any information or ideas that you consider to be confidential or
proprietary.
Indemnification. You agree to indemnify Company (and its officers,
employees, and agents), including costs and attorneys’ fees, from any claim
or demand made by any third party due to or arising out of (a) your use of
the Site, (b) your violation of these Terms, (c) your violation of
applicable laws or regulations or (d) your User Content. Company reserves
the right, at your expense, to assume the exclusive defence and control of
any matter for which you are required to indemnify us, and you agree to
cooperate with our defence of these claims. You agree not to settle any
matter without the prior written consent of Company. Company will use
reasonable efforts to notify you of any such claim, action or proceeding
upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party
websites and services, and/or display advertisements for third parties
(collectively, “Third-Party Links & Ads”). Such Third-Party Links &
Ads are not under the control of Company, and Company is not responsible
for any Third-Party Links & Ads. Company provides access to these
Third-Party Links & Ads only as a convenience to you, and does not
review, approve, monitor, endorse, warrant, or make any representations
with respect to Third-Party Links & Ads. You use all Third-Party Links
& Ads at your own risk, and should apply a suitable level of caution
and discretion in doing so. When you click on any of the Third-Party Links
& Ads, the applicable third party’s terms and policies apply, including
the third party’s privacy and data gathering practices. You should make
whatever investigation you feel necessary or appropriate before proceeding
with any transaction in connection with such Third-Party Links & Ads.
Other Users. Each Site user is solely responsible for any and all of its
own User Content. Because we do not control User Content, you acknowledge
and agree that we are not responsible for any User Content, whether
provided by you or by others. We make no guarantees regarding the accuracy,
currency, suitability, or quality of any User Content. Your interactions
with other Site users are solely between you and such users. You agree that
Company will not be responsible for any loss or damage incurred as the
result of any such interactions. If there is a dispute between you and any
Site user, we are under no obligation to become involved.
Release. Subject to applicable law, you hereby release and forever
discharge the Company (and our officers, employees, agents, successors, and
assigns) from, and hereby waive and relinquish, each and every past,
present and future dispute, claim, controversy, demand, right, obligation,
liability, action and cause of action of every kind and nature, that has
arisen or arises directly or indirectly out of, or that relates directly or
indirectly to, the Site (including any interactions with, or act or
omission of, other Site users or any Third-Party Links & Ads).
Disclaimers
The Site is provided on an “as-is” and “as available” basis, and, to the
extent permitted by applicable law, Company (and our suppliers) expressly
disclaim any and all warranties and conditions of any kind, whether
express, implied, or statutory, including all warranties or conditions of
merchantability, fitness for a particular purpose, title, quiet enjoyment,
accuracy, or non-infringement. We (and our suppliers) make no warranty that
the Site will meet your requirements, will be available on an
uninterrupted, timely, secure, or error-free basis, or will be accurate,
reliable, free of viruses or other harmful code, complete, legal, or safe.
Limitation on Liability
To the maximum extent permitted by law, and subject to the final paragraph
in this Section 7, in no event shall Company (or our suppliers) be liable
to you or any third party for any lost profits, lost data, costs of
procurement of substitute products, or any indirect, consequential,
exemplary, incidental, special or punitive damages arising from or relating
to these Terms or your use of, or inability to use, the Site, even if
Company has been advised of the possibility of such damages. Access to, and
use of, the Site is at your own discretion and risk, and you will be solely
responsible for any damage to your device or computer system, or loss of
data resulting therefrom.
To the maximum extent permitted by law, and subject to the final paragraph
in this Section 7, our liability to you for any damages arising from or
related to these Terms (for any cause whatsoever and regardless of the form
of the action), will at all times be limited to a maximum of fifty pounds
sterling (GBP 50). The existence of more than one claim will not enlarge
this limit. You agree that our suppliers will have no liability of any kind
arising from or relating to these Terms.
The exclusions in this Section 7 shall apply to the maximum extent
permitted by law, but Company does not exclude liability for death or
personal injury caused by its negligence, fraud or fraudulent
misrepresentation, or any other liability which may not be excluded by law.
Term and Termination. Subject to this Section, these Terms will remain in
full force and effect while you use the Site. We may suspend or terminate
your rights to use the Site (including your Account) at any time for any
reason at our sole discretion, including for any use of the Site in
violation of these Terms. Upon termination of your rights under these
Terms, your Account and right to access and use the Site will terminate
immediately. You understand that any termination of your Account may
involve deletion of your User Content associated with your Account from our
live databases. Company will not have any liability whatsoever to you for
any termination of your rights under these Terms, including for termination
of your Account or deletion of your User Content. Even after your rights
under these Terms are terminated, the following provisions of these Terms
will remain in effect: Sections 2.2 to 2.5, and Sections 3 to 9.
General
Changes. These Terms are subject to occasional revision, and if we make any
substantial changes, we may notify you by sending you an e-mail to the last
e-mail address you provided to us (if any), and/or by prominently posting
notice of the changes on our Site. You are responsible for providing us
with your most current e-mail address. In the event that the last e-mail
address that you have provided us is not valid, or for any reason is not
capable of delivering to you the notice described above, our dispatch of
the e-mail containing such notice will nonetheless constitute effective
notice of the changes described in the notice. Any changes to these Terms
will be effective upon the earlier of thirty (30) calendar days following
our dispatch of an e-mail notice to you (if applicable) or thirty (30)
calendar days following our posting of notice of the changes on our Site.
These changes will be effective immediately for new users of our Site.
Continued use of our Site following notice of such changes shall indicate
your acknowledgement of such changes and agreement to be bound by the terms
and conditions of such changes.
Electronic Communications. The communications between you and Company use
electronic means, whether you use the Site or send us emails, or whether
Company posts notices on the Site or communicates with you via email. For
contractual purposes, you (a) consent to receive communications from
Company in an electronic form; and (b) agree that all terms and conditions,
agreements, notices, disclosures, and other communications that Company
provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were be in a hardcopy writing.
Entire Terms. These Terms constitute the entire agreement between you and
us regarding the use of the Site.
Waiver. A waiver by Company of any right or remedy under these Terms shall
only be effective if it is in writing, executed by a duly authorized
representative of Company and shall apply only to the circumstances for
which it is given. Our failure to exercise or enforce any right or remedy
under these Terms shall not operate as a waiver of such right or remedy,
nor shall it prevent any future exercise or enforcement of such right or
remedy. No single or partial exercise of any right or remedy shall preclude
or restrict the further exercise of any such right or remedy or other
rights or remedies.
Headings and Interpretation. The section titles in these Terms are for
convenience only and have no legal or contractual effect. The word
“including” means “including without limitation”.
Severability. If any provision of these Terms is, for any reason, held to
be invalid or unenforceable, the other provisions of these Terms will be
unimpaired and the invalid or unenforceable provision will be deemed
modified so that it is valid and enforceable to the maximum extent
permitted by law.
Relationship between you and us. You confirm that you are acting on your
own behalf and not for the benefit of any other person. Your relationship
to Company is that of an independent contractor, and neither party is an
agent or partner of the other.
Assignment. These Terms, and your rights and obligations herein, may not be
assigned, subcontracted, delegated, or otherwise transferred by you without
Company’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and
void. Company may freely assign these Terms. The terms and conditions set
forth in these Terms shall be binding upon assignees.
Governing Law and Jurisdiction. These Terms and any dispute or claim
arising out of or in connection with their subject matter or formation
(including non-contractual disputes or claims) shall be governed by and
construed in accordance with the law of England and Wales. You agree that
the courts of England and Wales shall have exclusive jurisdiction to settle
any dispute or claim arising out of or in connection with the subject
matter or formation (including non-contractual disputes or claims) of these
Terms.
Copyright/Trademark Information. Copyright © 2018 HGSSO Ltd t/a Hosted
Name.. All rights reserved. All trademarks, logos and service marks
(“Marks”) displayed on the Site are our property or the property of other
third parties. You are not permitted to use these Marks without our prior
written consent or the consent of such third party which may own the Marks.
Contact Information. If you wish to contact us in writing, or if these
Terms require you to give notice to us in writing, please contact us at:
Legal Department
Address:
Unit 7, 3 E Quay
Bridgwater
TA6 4DB
Email: legal@hosted.name
