Terms of Use

The provision of different features and services through MyHostingUptime.com (“Website”) shall be subject to the terms contained in this Terms of Use Agreement (“Agreement”). This Agreement is a legal document and forms the entire Agreement between the users of this Website (“You” or “Your”) and Hanei Marketing Ltd. (“Company” or “We” or “Our” or “Us”), a Delaware Corporation and owner of this Website, with regard to the subject matter contained herein. By using any services or features offered through this Website, You agree to be bound by the terms and conditions contained herein. If this Agreement or any part hereof is unacceptable, We strongly advise You to immediately cease any further usage of the services or features offered through this Website.  

Further, We reserve the right, in Our sole discretion, to change, modify, or edit this Agreement at any time without any notice, prior or post, express or otherwise, to anyone. All such changes or modifications shall come into effect as and when they are published on this web page. Your continued use of any feature or service offered through this Website in any capacity whatsoever constitutes Your implied acceptance of such modifications and changes.

Last Updated on: 01.02.2011

Membership

In order to avail the services offered through this Website, You need to become a member of this Website by completing the registration process. Upon becoming a member, You shall be eligible for free website monitoring service that checks the servers of Your web hosting provider from multiple locations in the world. However, We reserve the right to change the fee and/or fee structure for membership of this Website at any time, in Our sole discretion.

We further reserve the right to refuse membership to anyone for any or no reason whatsoever. We further reserve the right to suspend and/or terminate membership of this Website for any reason including, without limitation, violation of this Agreement and/or any applicable law.

We further reserve the right to take any legally permissible and available action against any member who is found, in Our sole discretion, to be in violation of any of the provision(s) of this Agreement or any applicable law.

By completing registration process, You represent and warrant that:

(i) You are of the age of majority as determined by the applicable law;

(ii) You are not incapable or ineligible to enter into a legally binding agreement;

(iii) You shall keep Your account information updated, current, and accurate at all times;

(iv) You shall be solely responsible for maintaining the confidentiality and integrity of Your account, including Your username and password;

(v) You shall be solely responsible for all activities – authorized and unauthorized – that occur under Your account;

(vi) You shall abide by the terms and conditions contained herein and shall not violate any applicable law; and

(vii) You shall immediately notify Us of any unauthorized access or activity or any other breach of security related to Your account information.

Disclaimers

1.     This Website and the features and services provided therein are provided on an “AS IS AND AS AVAILABLE” basis. We, therefore, disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement Further, We make no representations or warranties of any kind, express or implied, regarding the use or the results achieved by the use of any service or feature available through this Website in terms of correctness, accuracy, reliability, or otherwise.

2.     We further disclaim any liability arising out of any interruptions in the use of this Website, or any features or services thereof, due to circumstances beyond Our reasonable control.

3.     We do not claim that this Website is virus-free or does not contain any malicious code. At the time of uploading to the server, all the associated software and files were clean and did not contain any spyware, malware, worms, Trojans, virus, etc. However, the malicious code may have crept in due to unauthorized access by any hacker activity.

4.     This Website may contain links from third party websites on which We do not have control over. Your interactions, dealings, and visits to such linked websites shall be at Your sole discretion and subject to the terms and conditions of such linked websites.

Limitation of Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR FEATURES AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TERM OF YOUR MEMBERSHIP.

Intellectual Property Rights

This Website contains text, graphics, logo, pictures, images, etc. belonging to the Company, which is protected by the copyright, trademark, patent, trade secret and other national and international laws relating to the Intellectual Property. We own and retain all rights in such content, services and features offered through this Website. We hereby grant you a limited, revocable, non-sub-licensable license to reproduce and display the Website content (excluding any software code) solely for your personal use in connection with viewing the Website and using the services and/or features offered through this Website.

Indemnity

You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, advertisers, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of Your use of the Website, Your use of any service and/or features offered through this Website, Your violation of this Agreement, Your violation of any rights of another, Your violation of any applicable law, or any other loss suffered by the Company on account of Your direct or indirect conduct.

No Waiver

The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

Jurisdiction

Any dispute arising out of the violation of any provision of this Agreement and/or our Privacy Policy shall be subject to the jurisdiction of the laws and courts of Delaware, United States of America, without regard to conflict of law provisions.

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