Terms and Conditions of Use
- ACCEPTANCE OF TERMS
For the purposes of these Terms and Conditions of Use ("TCU") , the Webtrent Technology
sites, Hostpulse.com and 100MostDynamic.com will hereinafter be referred to as "Webtrent Technology
Sites". By using Webtrent Technology Sites, you agree to be bound by the TCU. The TCU constitutes the entire agreement between you and Webtrent Technology relating to the
Webtrent Technology Sites. If you do not wish to be bound by this agreement, you may not access or use the
Webtrent Technology Sites.
At any time and without prior notice, Webtrent Technology shall have the right, in its sole discretion, to modify, add or remove terms of the TCU, and all such changes shall be effective immediately. Users should review the TCU periodically as subsequent use shall constitute acceptance of any such changes.
- DESCRIPTION OF SERVICE.
The Webtrent Technology Sites provides users with access to a rich collection of information resources, focusing on web hosting and managed hosting services. You understand and agree that Webtrent Technology may include advertisements and that these advertisements enable us to defray some of the costs of maintaining the
Webtrent Technology Sites. You understand and agree that the Webtrent Technology Sites
is provided "AS-IS" and that Webtrent Technology assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.
- LINKS TO THIRD PARTY SITES.
The Webtrent Technology Sites contains links to third party web sites. Webtrent Technology is providing these links to you only as a convenience, and these links do not imply any endorsement of these sites by Webtrent Technology. Webtrent Technology is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
- USER PROVIDED CONTENT.
Portions of the services at Webtrent Technology Sites will contain user provided content, to which you may contribute appropriate content. For this content, Webtrent Technology is a distributor only. By submitting content to Webtrent Technology, you grant Webtrent Technology a limited license to use, host, distribute and allow hosting and distribution on co-branded services of the content. You should submit only content which belongs to you and will not violate the property or other rights of other people or organizations. Webtrent Technology is sensitive to the copyright and other intellectual property rights of others. Webtrent Technology also reserves the right to remove any user provided content which comes to its attention and which it believes, in its sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or otherwise violates this Agreement.
- DEALINGS WITH ADVERTISERS.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the
Webtrent Technology Sites, 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
Webtrent Technology Sites 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
Webtrent Technology Sites.
- COPYRIGHT AND TRADEMARK NOTICE
Linux® is a registered trademark of Linus Torvalds. Windows®and Windows® NT® are either a registered trademark or trademark of Microsoft® Corporation in the United States and/or other countries. Windows®2000 is a registered trademark of Microsoft® Corporation.
Intel® Pentium® and Xeon are trademarks or registered trademarks of Intel Corporation in the United States and other countries. UNIX is a registered trademark of The Open Group in the United States and other countries. XFree86 is pending trademark registration by The XFree86 Project, Inc. Red Hat and all Red Hat-based trademarks and logos are trademarks or registered trademarks of Red Hat, Inc. in the United States and other countries. JavaScript is a trademark of Netscape Communications Corporation. Apple and Quicktime are trademarks of Apple Computer, Inc., registered in the U.S. and other countries. All other trademarks and copyrights referred to in this announcement are the property of their respective owners. Microsoft® Internet Explorer and Windows® Media Player are registered trademarks or trademarks of Microsoft® Corporation. Shockwave is a trademark or registered trademark of Macromedia®, Inc. in the United States and/or other countries. Sun® Java and Solaris® are trademarks or registered trademarks of Sun Microsystems Inc.
Copyright © 2003 Webtrent Technology. All rights reserved.
- RESTRICTIONS ON USE OF MATERIALS.
Webtrent Technology owns all rights in the Webtrent Technology Sites and all components thereof including without limitation, all texts, information, materials, the structure, sequence and organisation of the pages and screens. No part of
Webtrent Technology Sites may be copied, reproduced, republished, uploaded, posted, transmitted, distributed in any form or manner or by any means, electrical, electronic, mechanical, photocopying, recording or otherwise or stored in any retrieval system of any nature without the prior written permission of Webtrent Technology.
- DISCLAIMER.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
WEBTRENT TECHNOLOGY SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE
WEBTRENT TECHNOLOGY SITES AND TO THE INFORMATION THEREIN. WEBTRENT TECHNOLOGY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
WEBTRENT TECHNOLOGY SITESAT ANY TIME. ADVICE RECEIVED VIA THE WEBTRENT
TECHNOLOGY SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ALL CONTENT OF WEBTRENT TECHNOLOGY SITES, INCLUDING ANY SOFTWARE, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WEBTRENT TECHNOLOGY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION, THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE
WEBTRENT TECHNOLOGY SITES, OR THE RESULTS OBTAINED FROM ACCESSING AND USING
WEBTRENT TECHNOLOGY SITES AND/OR THE CONTENT CONTAINED HEREIN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBTRENT TECHNOLOGY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH
WEBTRENT TECHNOLOGY SITES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBTRENT TECHNOLOGY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBTRENT TECHNOLOGY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN
WEBTRENT TECHNOLOGY SITES BY ANY THIRD PARTY.
- LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, WEBTRENT TECHNOLOGY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,
WEBTRENT TECHNOLOGY SITES. THROUGH YOUR USE OF THE WEBTRENT TECHNOLOGY SITES, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WEBTRENT TECHNOLOGY IS NOT LIABLE FOR ANY CONDUCT OF ANY USER OF THE
WEBTRENT TECHNOLOGY SITES.
THROUGH YOUR USE OF THE WEBTRENT TECHNOLOGY SITES, TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE TO INDEMNIFY WEBTRENT TECHNOLOGY AND ANY AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING ATTORNEYS' FEES) AND DAMAGES ARISING OUT OF CLAIMS RESULTING FROM YOUR USE OF THE
WEBTRENT TECHNOLOGY SITES, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ALLEGING FACTS THAT IF TRUE WOULD CONSTITUTE A BREACH BY YOU OF THE TCU.
- 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 Malaysia or the country in which you reside.
- NO RESALE.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of
Webtrent Technology Sites, use of Webtrent Technology Sites, or access to Webtrent Technology Sites.
- DISCLAIMER OF ENDORSEMENT.
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Webtrent Technology. Product and service information are the sole responsibility of each individual vendor or advertiser. The HostPulse name and logo owned by Webtrent Technology may not be used in any commercial manner without the prior written consent of Webtrent Technology. The user is responsible for providing all software and equipment needed to access
Webtrent Technology Sites.
- MODIFICATIONS.
Webtrent Technology reserves the right to change or discontinue at any time, without notice, any materials, equipment, specifications, models, products, or services described on the
Webtrent Technology Sites, or the availability thereof.
- TERMINATION.
You agree that Webtrent Technology, in its sole discretion, may terminate your use of the
Webtrent Technology Sites, and remove and discard any Content within the Webtrent Technology Sites, for any reason, including, without limitation, if Webtrent Technology believes that you have violated this Agreement. Webtrent Technology reserves the right, in its sole discretion, to terminate your access to any or all services at
Webtrent Technology Sites and the related services or any portion thereof at any time, without notice. Further, you agree that Webtrent Technology shall not be liable to you or any third-party for any termination of your access to
Webtrent Technology Sites.
- GENERAL.
Your obligations under the TCU shall continue for as long as you access or use the
Webtrent Technology Sites or use or maintain any of the content (including software) of the
Webtrent Technology Sites or copies thereof. You may terminate your obligations at any time by discontinuing your use of the
Webtrent Technology Sites and by destroying all content obtained from it and all copies thereof.
You agree that the TCU shall be governed by and construed in accordance with the laws of Malaysia. Users of the
Webtrent Technology Sites or any of its pages are responsible for compliance with all local laws and regulations.
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