Credithosting.com's Privacy Policy
Your privacy on the Internet is important to us. As part of the operation
of Credithosting.com and other Credithosting.com sites, we gather certain
types of information about Credithosting.com users, and we would like
to explain the types of information we gather, what we do with it and
how to correct or change the information.
Information Collected By Credithosting.com
Credithosting.com collects two types of personally identifying information
from users: personal data (such as names and e-mail addresses); and
aggregated data (such as information about traffic patterns on Credithosting.com,
for example how many users log into Credithosting.com on a daily basis).
Personal Data
Personal data is collected when users provide personal data to Credithosting.com.
For example, when registering for hosing account.
Aggregated Information
Aggregated information, such as which pages users access or visit and
information volunteered by users, such as survey information and/or
site registrations, is collected through various methods. For example,
Credithosting.com collects IP addresses. An IP address is a number that
is automatically assigned to your computer whenever you're surfing the
Web. Web servers, the computers that "serve up" Web pages,
automatically identify your computer by its IP address, and when you
request a page from Credithosting.com, our servers log your IP address.
Credithosting.com does not link IP addresses to anything personally
identifiable, so although your session will be logged, you will remain
anonymous to us. Credithosting.com collects IP addresses for the purposes
of system administration.
Use of Cookies
You may occasionally get cookies from our advertisers, which is standard
in the Internet industry. Credithosting.com does not control these cookies,
and these cookies are not subject to Credithosting.com's privacy policies.
Most browsers are initially set to accept cookies. If you'd prefer,
you can set yours to refuse cookies or to alert you when cookies are
being sent.
Individuals under 18
Credithosting.com requests that children under the age of 18 do not
submit or post information to the Site without a parent or guardian's
consent. Credithosting.com may collect information including personally
identifying information, to be used for marketing and promotional purposes
by Credithosting.com and may be shared with prescreened third parties.
If a user or their parent or guardian changes their mind with respect
to such use, such user, parent or guardian may stop that use -- either
by e-mail request or by modifying his/her registration information online
as described above in "Use of Information Collected by Credithosting.com".
Message Boards and Chat
Please remember that information posted to message boards and chat
areas becomes public information. Use caution when posting. Users under
the age of 18 should be especially careful not to provide any personally
identifying information while using chat rooms or message boards. As
set forth in Credithosting.com's Terms and Conditions of use, users
of chat rooms and message boards must follow acceptable standards of
behavior when posting messages online.
Links to Other Sites
It is important to note that Credithosting.com may contains links to
sites other than Credithosting.com, and that those sites may not follow
the same privacy policies as Credithosting.com. For instance, if you
click on an advertisement on Credithosting.com, this will take you away
from Credithosting.com and to an entirely different site. This can include
links from advertisers, content providers and partners who may use Credithosting.com's
logo and or style as a result of a co-branding agreement. These sites
may send their own cookies to you, and may collect data and make uses
of it that Credithosting.com would not.
The use of any information or materials that you may access at these
external sites is purely voluntary. You should not rely on their contents
without independent and thorough review of the accuracy, completeness,
effectiveness, timeliness and correct sequencing. These external sites
may also refer to specific commercial products, processes, or services
by trade name, trademark, service mark, manufacturer or otherwise. Unless
Credithosting.com has provided specific authority, such references in
no way indicate our endorsement, recommendation or preference. This
section should be read in conjunction with the full Terms of Service,
below.
Additional Information
No transmission of data over the Internet is guaranteed to be completely
secure. It may be possible for third parties not under the control of
Credithosting.com to intercept or access transmissions or private communications
unlawfully. While we strive to protect your personal information, Credithosting.com
cannot ensure or warrant the security of any information you transmit
to us. Any such transmission is done at your own risk.
Under no circumstances, including but not limited to negligence, shall
Credithosting.com be liable for any special, incidental or consequential
damages that result from the use of information or materials on our
sites, even if Credithosting.com or an authorized representative of
Credithosting.com, has been advised of the possibility of such damages.
This section also should be read in conjunction with the full Terms
of Service.
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE TERMS OF USE
AND PRIVACY POLICY.
Credithosting.com reserves the right to change this policy at any time
by notifying users of the existence of a revised privacy policy. You
can send e-mail to us with any further questions at support@Credithosting.com.
TERMS OF SERVICE
These Terms of Service (the "Agreement") set forth the terms
and conditions that apply to your use of the Web site located at http://www.credithosting.com
and the services and materials offered thereon (the "Service")
which are offered to you by Credithosting.com. BY USING THIS SITE, YOU
AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If
you do not agree to be bound by this Agreement, please discontinue your
use of the Service.
If you are found in violation of the Credit Hosting Acceptable Use
Policy and Terms of Use. Your account will be terminated without notice
and you will forfeit all of the moneys that have been paid to Credit
Hosting.
1. Restrictions on Use
The Service is a computer Web hosting service. It is accessible to you
through a personal computer, or other access device at www.credithosting.com
using a communications connection (e.g., modem and telephone line).
As part of the Service, you will be provided with services that may
include information, editorial content, chat rooms, links to other Web
sites and other computer services that Credithosting.com may decide
to offer, subject to the terms hereof. Credithosting.com may, in its
sole discretion, discontinue or alter any aspect of the Service, including,
but not limited to, (i) restricting the time of availability, (ii) restricting
the availability and/or scope of the Service for certain platforms (i.e.,
computer types and operating systems), (iii) restricting the amount
of use permitted, and (iv) restricting or terminating any User's right
to use all or part of the Service, at any time in Credithosting.com's
sole discretion and without prior notice or liability. You are responsible
for all charges (e.g., telephone) associated with connecting to the
Service through an available access number. You are also responsible
for obtaining or providing all telephone access lines, telephone and
computer equipment (including modem), or other access device, necessary
to access the Service. You certify that you are an individual (i.e.,
not a corporation). The Service is owned and operated by Credithosting.com
and its affiliated companies and contains material that is derived in
whole or in part from material supplied and owned by Credithosting.com
and other sources. Such material is protected by copyright, trademark,
and other applicable laws. You may not modify, copy, reproduce, republish,
upload, post, transmit, publicly display, prepare derivative works based
on, or distribute in any way any material from the Service, including
but not limited to code and software ("Material"). You may,
however, download Material from the Service for your personal, non-commercial
use only, provided you keep intact all copyright and other proprietary
notices and use the Material in accordance with all restrictions applicable
to your use if the Service in general. Modifications to these Terms.
Credithosting may discontinue, change, or suspend, all or any part
of the Service at any time, including the availability of any content,
feature, or database, without prior notice or liability to you as a
user. Credit Hosting reserves the right, at its discretion, to change
or modify all or any part of these Terms and Conditions at any time.
Please review these Terms and Conditions from time to time to ensure
that you are aware of any changes.
Adult Sites
Under review.
The registration and use of your domain name is subject to the terms
and conditions of use applied by the relevant naming authority; you
shall ensure that you are aware of those terms and conditions and that
you comply with them. You shall have no right to bring any claim against
us in respect of refusal to register a domain name. Any administration
charge paid by you to us shall be non-refundable notwithstanding refusal
by the naming authority to register your desired name.
We shall have no liability in respect of the use by you of any domain
name; any dispute between you and any other person must be resolved
between the parties concerned in such dispute. If any such dispute arises,
we shall be entitled, at our discretion and without giving any reason,
to withhold, suspend or cancel the domain name. We shall also be entitled
to make representations to the relevant naming authority but will not
be obliged to take part in any such dispute.
We shall not release any domain to another provider unless full payment
for that domain has been received by us.
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our servers in
any of its many forms including, but not limited to: bots and IRC servers.
Chat rooms may be allowed on per use basis, so please ask one of our
support staff before setting one up. (Some cgi/perl based chat rooms
over utilize the server processor.)
Scripts and Forums
Scripts and Forums that over utilize CPU and memory usage, as well
as for usage in hacking, or malicious activity will result in account
suspension and/or Deletion from Credithosting.com's Servers.
2. Membership Rules and Guidelines
(a) Registration
Should Credithosting choose to provide member based services, when you
register to use these Services, you will be required to provide certain
information about yourself. You agree to provide true, accurate and
complete information about yourself, and to update this information
when it changes. If you provide any information that is untrue or inaccurate,
not current, or incomplete, or if Credithosting suspects that your information
is untrue or inaccurate, not current, or incomplete, Credithosting may,
in its sole discretion, suspend or terminate your membership and refuse
current or future access to the Service. Any personal information supplied
hereunder will be subject to the terms of our privacy policy. Members
under the age of 18 must have parental consent before joining Credithosting.com,
and children under the age of 13 may not register with Credithosting.com.
Credithosting.com reserves the right to change the nature of this relationship
at any time.
(b) Passwords
Should Credithosting.com provide to you a password that allows you to
access certain parts of the Service, you will be solely responsible
for maintaining the confidentiality of the password and your account
information, and are fully responsible for all activities that occur
under your password or account. You agree that you will immediately
notify Credithosting.com of any unauthorized use of your password or
account, or any other breach of security, and that you will log off
of the Service at the end of each session to prevent fraud on your account
by third parties.
(c) General
Credithosting.com may choose to send you e-mail newsletters on a variety
of topics - for example, informing you of membership benefits and features,
letting you know of problems with the site or with services offered
by Credithosting.com. (d) Rules for Use of the Service
(1) Conduct Required for Use of the Service
It is a condition of your use of the Service that you do not: (i) restrict
or inhibit any other user from using and enjoying the Service; (ii)
post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, or profane; (iii) post or transmit comments containing
harassing or offensive language, racial slurs, hate propaganda, hate
mongering, or rude or deliberately offensive comments, or engage in
disruptive activities online, including excessive use of scripts, sound
waves, scrolling (repeating the same message over and over), or use
of viruses, bots, worms or trojan horses; (iv) post or transmit any
information, software or other material that is fraudulent or violates
or infringes the rights of others, including material that violates
privacy or publicity rights, or infringes copyright, trademark or other
proprietary rights, without first obtaining permission from the owner
or right holder, including WAREZ (copyrighted material distributed without
permission); (v) post or transmit any information, software or other
material that contains a virus or other harmful component; (vi) post
or transmit content that encourages or provides instructional activities
about illegal activities, in particular hacking, cracking or phreaking;
(vii) post, transmit or in any way exploit any information, software
or other material for commercial purposes or that contains advertising,
"junk mail," "spam," or "chain letters";
(viii) solicit other users to join, become members of, or contribute
money to any online service or other organization, advocate or attempt
to get users to join in legal or illegal schemes or plan or participate
in scams involving other users; (ix) impersonate any person or entity
or falsely state or otherwise misrepresent your professional or other
affiliation with any person or entity; (x) resell, redistribute, broadcast
or transfer the information or use the information derived from the
Service in a searchable, machine-readable database; (xi) use the Service
to collect personally identifying information about users of the Service
in violation of our Privacy Policy; (xii) disguise a file type to thwart
Credithosting.com's detection processes; (xiii) post or transmit any
transmissions constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate
any local, state, national or international law; (xiv) submit to the
Live Directory multiple web sites with different URLs that re-direct
a user to one web page; (xv) submit to Live Directory more than one
URL for a single category; (xvi) update Live Directory listings with
intent to distort or misrepresent them, including but not limited to
changing titles of the entries, descriptions of the entries, URLs, or
keywords, or (xvii) attempt to gain unauthorized access to other computer
systems or networks connected to the Service. You agree that you will
not use the Service, including the information provided therein and
all related equipment, networks and network devices (specifically including
Internet access) for any unlawful purpose. Credithosting.com, at its
sole and absolute discretion, shall determine whether any information
transmitted or received violates this provision. You may not use any
Material in connection with any site or other use that contains or is
associated with information or content prohibited by this section.
(2) Monitoring
Credithosting.com has no obligation to monitor the use of the Service
by members. You acknowledge and agree that Credithosting.com reserves
the right to, and may from time to time, monitor any and all information
transmitted or received through the Service for operational and other
purposes. During monitoring, information may be examined, recorded,
copied, and used for authorized purposes in accordance with our Privacy
Policy. Use of the Service constitutes consent to such monitoring. Furthermore,
Credithosting.com reserves the right at all times to disclose any information
posted on any portion of the Service as necessary to satisfy any law,
regulation or governmental request, or to refuse to post, or to remove,
any information or materials, in whole or in part, that in Credithosting.com's
sole and absolute discretion are objectionable or in violation of this
Agreement.
(3) Content on the Service.
Communications posted through the Service are provided by users such
as you who are unaffiliated with Credithosting.com, and the user providing
each such Communication is solely responsible for the content thereof.
This means that you, and not Credithosting.com, are entirely responsible
for all Communications that you upload, post, email or otherwise transmit
via the Service. In using the Service or receiving e-mail messages from
members through the Service, you should not assume that such messages
have been reviewed by Credithosting.com, that such Communications contain
correct information, or that the persons posting such Communications
have accurately identified themselves and/or their affiliation with
any third party. You understand that by using the Service, you may be
exposed to Communications that are offensive, indecent, or objectionable.
Under no circumstances will Credithosting.com be liable in any way for
any Communication, including, but not limited to, liability for any
errors or omissions in any Communication, or for any loss or damage
of any kind incurred as a result of the use of any Communication posted,
e-mailed, or otherwise transmitted via the Service.
(4) Personal Safety.
When using the Service, please be certain that anything you say does
not compromise your personal safety. Do not provide your name, phone
number, postal or e-mail address, your password, or any other personally
identifying information to people you do not know. Do not continue any
conversation online that makes you feel uncomfortable.
3. Merchants
Your correspondence or business dealings with, or participation in promotions
of, merchants 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 merchant. Credithosting.com will 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 merchants
on the Service.
4. Disclaimer of Warranties
CREDITHOSTING HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED
BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO
TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. NEITHER CREDITHOSTING,
ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE
OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE
THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE
IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE
PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, CREDIT HOSTING DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES
IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. CREDITHOSTING
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND
PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL
BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE,
INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT
MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CREDITHOSTING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE
OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors
and/or omissions in the Service, including the transmission or translation
of information. You assume full responsibility for implementing sufficient
procedures and checks to satisfy your requirements for the accuracy
and suitability of the Service, including the information, and for maintaining
any means that you may require for the reconstruction of lost data or
subsequent manipulations or analyses of the information provided hereunder.
You acknowledge and agree that your use of the Service, and any information
sent or received in connection therewith, may not be secure and may
be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR
THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO
YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
5. Limitation of Liability
IN NO EVENT SHALL CREDITHOSTING, ITS PARENT OR SUBSIDIARY COMPANIES
OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR
INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, CREDIT HOSTING'S
REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED
ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Credit
HOSTING OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES,
WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE
FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE
AND AGREE THAT Credit HOSTING, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES
OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6. Indemnification
You agree to defend, indemnify and hold harmless Credithosting, its
affiliates and their respective directors, officers, employees and agents
from and against any and all claims, actions, suits or proceedings,
as well as any and all losses, liabilities, damages, costs and expenses
(including reasonable attorneys fees) arising out of or accruing from
(a) any material posted or otherwise provided by you that infringes
any copyright, trademark, trade secret, trade dress, patent or other
intellectual property right of any person or defames any person or violates
their rights of publicity or privacy, (b) any misrepresentation made
by you in connection with your use of the Service; (c) any non-compliance
by you with the terms and conditions of this Agreement; and (d) claims
brought by persons or entities other than the parties to this Agreement
arising from or related to your access and use of the Service, including
the information obtained through the Service.
7. Termination
Credithosting may, in its sole discretion, terminate your password,
account (or any part thereof) or use of the Service, or remove and discard
any Communication transmitted by you, or information stored, sent, or
received via the Service without prior notice and for any reason, including,
but not limited to: (i) concurrent access of the Service with identical
user identification numbers, (ii) permitting another person or entity
to use your user identification number to access the Service, (iii)
any other access or use of the Service except as expressly provided
in this Agreement, (iv) any violation of the terms and conditions of
this Agreement or the rules and regulations relating to the use of,
the software and/or data files contained in, or accessed through, the
Service, (v) tampering with or alteration of any of the software and/or
data files contained in, or accessed through, the Service, or (vi) failure
to use the Service or portion thereof on a regular basis. You may terminate
your membership hereunder upon thirty (30) days written notice by you
to Credithosting.com of your intent to terminate this Agreement. Termination,
suspension, or cancellation of this Agreement or your access rights
shall not affect any right or relief to which Credithosting.com may
be entitled, at law or in equity. Upon termination of this Agreement,
all rights granted to you will automatically terminate and immediately
revert to Credithosting.com and its licensors.
8. Trademarks
Credithosting.com, the Credithosting logo, Credithosting, and all other
trademarks, service marks and trade names used on the Service are the
property of their respective owners, and all of the above trademarks
may not be copied, downloaded or otherwise exploited without the permission
of Credithosting or the owner of such trademark, service mark or trade
name, except as explicitly permitted in Section 1 above.
9. Minors
If you have agreed to allow your minor child, or a child for whom you
are legal guardian (a "Minor"), to use the Service, you agree
that you shall be solely responsible for: (a) the online conduct of
such Minor; (b) monitoring such Minor's access to and use of the Service;
and (c) the consequences of any use of the Service by such Minor. Children
under the age of 13 should not register for any Service hereunder. At
various places on the Service, we ask whether users are under the age
of 18 or 13. Credithosting.com relies on our users to be truthful in
responding to these questions. If a user does not identify his/her proper
age, we will have no way of verifying actual age with respect to our
privacy policy.
10. Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, Credithosting.com hereby
notifies you that parental control protections (such as computer hardware,
software, or filtering services) are commercially available that may
assist you in limiting access to material that is harmful to minors.
Information identifying current providers of such protections is available
at the Electronic Frontier Foundation Web site, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/,
and at the America Links Up Web site, http://www.netparents.org/parentstips/browsers.html.
To view information on our policy regarding the privacy of children
under the age of 13, please see our privacy policy.
11. Infringement Policy
Credithosting, pursuant to 17 U.S.C. Section 512 as amended by Title
II of the Digital Millennium Copyright Act (the "Act"), reserves
the right, but not the obligation, to terminate your license to use
the Service if it determines in its sole and absolute discretion that
you are involved in infringing activity, including alleged acts of first-time
or repeat infringement, regardless of whether the material or activity
is ultimately determined to be infringing. Credithosting accommodates
and does not interfere with standard technical measures used by copyright
owners to protect their materials. In addition, pursuant to 17 U.S.C.
Section 512(c), Credithosting has implemented procedures for receiving
written notification of claimed infringements and for processing such
claims in accordance with the Act. All claims of infringement must be
submitted to Credithosting in a written complaint that complies with
the requirements below and is delivered to our designated agent to receive
notification of claimed infringement:
By mail:
In addition, any written notice regarding any defamatory or infringing
activity, whether of a copyright, patent, trademark or other proprietary
right must include the following information:
A. A physical or electronic signature of a person authorized to act
on behalf of (1) the owner of an exclusive right that is allegedly infringed
or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that
site. Similarly, for materials that are defamatory or infringe patent,
trademark, or other proprietary rights of a third party, please submit
a list of such materials.
C. Identification of the material that is claimed to be infringing,
to be the subject of infringing activity, or that is claimed to be defamatory
and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such
as your address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright or other
proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed or on
behalf of the person defamed.
12. Modification
Credithosting reserves the right, in its sole discretion, to amend this
Agreement, and to modify, add or discontinue any aspect, content, or
feature of the Service. Such amendments, modifications, additions or
deletions shall become effective upon notice thereof, which may be provided
to you by posting on the Service, via e-mail or any other reasonable
means. Continued use of the Service by you shall constitute your binding
acceptance of any such amendments, modifications, additions or deletions.
13. Export Control
Information Unless otherwise specified, the materials on the Service
are presented solely to provide information regarding and to promote
Credithosting's Services and other products available in the United
States, its territories, possessions and protectorates. The Service
is controlled and operated by Credithosting from its offices within
the state of Washington, United States of America. Credithosting makes
no representation that materials on the Service are appropriate or available
for use outside the United States. Those who choose to access the Service
from outside the United States do so on their own initiative and are
responsible for compliance with local laws, if and to the extent that
local laws are applicable. Software from the Service is further subject
to United States export controls. No software from the Service may be
downloaded or otherwise exported or re-exported (A) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other country to which the U.S. has embargoed goods, or (B) to anyone
on the U.S. Treasury Department list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. By using the
Service, you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country or on
any such list.
14. Miscellaneous
This Agreement shall be governed by and construed in accordance with
the laws of the State of New York without giving effect to any principles
of conflicts of law. Although you acknowledge that we will have the
ability to enforce our rights in any court of competent jurisdiction,
you hereby consent to the exclusive jurisdiction and venue of courts
in Seattle, Washington, U.S.A., regarding any and all disputes relating
to this Agreement or your use of the Service. You acknowledge and agree
that the warranty disclaimers and liability and remedy limitations in
this Agreement are material terms of this Agreement and that they have
been taken into account in the decision by Credithosting to provide
the Service hereunder. You may not assign any of your rights, obligations
or privileges hereunder without the prior, written consent of Credithosting.
Any assignment of the foregoing other than as provided for in this section
shall be null and void, ab initio. 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, shall be enforced
to the fullest extent allowed by law as to effect the intention of the
parties, and shall not affect the validity and enforceability of any
remaining provisions. This Agreement and any posted operating rules
constitute the entire agreement of the parties with respect to the subject
matter hereof, and supersede all prior or contemporaneous communications
and proposals, whether oral or written, between the parties with respect
to such subject matter. No waiver of any provision or any right granted
hereunder will be effective unless set forth in a written instrument
signed by the waiving party. No waiver by either party of any breach
or default hereunder shall be deemed a waiver of any subsequent breach
or default. You agree not to reproduce, duplicate, copy, sell, resell,
or exploit for any commercial purposes, any portion of the Service or
access to the Service. The titles and subtitles used in this Agreement
are used for convenience only and are not to be considered in construing
or interpreting this Agreement.