Term of Use
1.
ACCEPTANCE OF TERMS
Summerhost. ("Summerhost") welcomes you. Summerhost 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://Summerhost.info/legal.php . In addition, when using particular
Summerhost owned or operated services, you and Summerhost 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
(including but not limited to our Spam Policy) are hereby incorporated
by reference into the TOS. Summerhost may also offer other services that
are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
Summerhost provides users with access to a rich collection of resources,
including various communications tools, forums, shopping services,
search services, personalized content and branded programming through
its network of properties which may be accessed through any various
medium or device now known or hereafter developed (the "Service"). You
also understand and agree that the Service may include advertisements
and that these advertisements are necessary for Summerhost to provide the
Service. You also understand and agree that the Service may include
certain communications from Summerhost, such as service announcements,
administrative messages and the Summerhost Newsletter, and that these
communications are considered part of Summerhost membership and you will
not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current
Service, including the release of new Summerhost properties, shall be
subject to the TOS. You understand and agree that the Service is
provided "AS-IS" and that Summerhost assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for
obtaining access to the Service, and that access may involve
third-party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to
access the Service.
3. YOUR REGISTRATION
OBLIGATIONS
In consideration of your use of the Service, you represent that you are
of legal age to form a binding contract and are not a person barred
from receiving services under the laws of the United States or other
applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the
Service's registration form (the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Summerhost has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Summerhost 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). Summerhost is concerned about the
safety and privacy of all its users, particularly children. Please
remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to
determine whether any of the Service areas and/or Content (as defined
in Section 6 below) are appropriate for your child.
4. Summerhost PRIVACY POLICY
Registration Data and certain other information about you is subject to
our Privacy Policy. For more information, see our full privacy policy
at http://Summerhost.info/privacy.php , You understand that through your
use of the Service you consent to the collection and use (as set forth
in the Privacy Policy) of this i`nformation, including the transfer of
this information to the United States and/or other countries for
storage, processing and use by Summerhost and its affiliates.
5. 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. You agree
to (a) immediately notify Summerhost 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. Summerhost
cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, tags, or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from whom such Content originated.
This means that you, and not Summerhost, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make
available via the Service. Summerhost 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, pornographic,
indecent or objectionable. Under no circumstances will Summerhost be
liable in any way for any Content, including, but not limited to, any
errors or omissions in any Content, or 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:
1. upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a
Summerhost official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the Service;
5. 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);
6. 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;
7. 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) that are
designated for such purpose (please read our complete Spam Policy);
8. 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 equipment;
9. upload, post, email, transmit or otherwise make available any
material that is of broadcast / streaming types.
10. 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;
11. 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;
12. provide material support or resources (or to conceal or disguise
the nature, location, source, or ownership of material support or
resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219
of the Immigration and Nationality Act;
13. "stalk" or otherwise harass another; and/or
14. upload, post, email, transmit or otherwise material for the
purposes of file distribution, relay, or streaming reasons. 15. collect
or store personal data about other users in connection with the
prohibited conduct and activities set forth in paragraphs 1 through 14
above.
You acknowledge that Summerhost may or may not pre-screen Content, but
that Summerhost and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, refuse, or remove
any Content that is available via the Service. Without limiting the
foregoing, Summerhost 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 Summerhost or
submitted to Summerhost, including without limitation information in
Summerhost Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that Summerhost may access, preserve
and disclose your account information and Content if required to do so
by law or in a good faith belief that such access 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; (d) respond to your requests for customer
service; or (e) protect the rights, property or personal safety of
Summerhost, 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.
You understand that the Service and software embodied within the
Service may include security components that permit digital materials
to be protected, and that use of these materials is subject to usage
rules set by Summerhost and/or content providers who provide content to
the Service. You may not attempt to override or circumvent any of the
usage rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials
provided on the Service, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF
COMMUNICATIONS ON Summerhost NETWORK
When you register with Summerhost, you acknowledge that in using Summerhost
services to send electronic communications (including but not limited
to email, uploading photos and files and other Internet activities),
you will be causing communications to be sent through Summerhost's
computer networks, portions of which are located in California, Ohio,
UK, and other locations in the United States and portions of which are
located abroad. As a result, and also as a result of Summerhost's network
architecture and business practices and the nature of electronic
communications, even communications that seem to be intrastate in
nature can result in the transmission of interstate communications
regardless of where you are physically located at the time of
transmission. Accordingly, by agreeing to this Terms of Service, you
acknowledge that use of the service results in interstate data
transmissions.
8. 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.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Summerhost does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly
accessible areas of the Service, you grant Summerhost the following
worldwide, royalty-free and non-exclusive license(s), as applicable:
*
With respect to Content you submit or make available for inclusion on
publicly accessible areas of Summerhost Servers, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purposes of
providing and promoting the Summerhost Service to which such Content was
submitted or made available. This license exists only for as long as
you elect to continue to include such Content on the Service and will
terminate at the time you remove or Summerhost removes such Content from
the Service.
*
With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible areas of the Service
other than Summerhost Servers, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purpose for which such Content was submitted
or made available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate at
the time you remove or Summerhost removes such Content from the Service.
*
With respect to Content other than photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible areas of
the Service other than Summerhost Servers, the perpetual, irrevocable and
fully sublicensable license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and publicly display such
Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the
Summerhost network of properties that are intended by Summerhost to be
available to the general public. By way of example, publicly accessible
areas of the Service would include Summerhost Message Boards and all
areas that are open to both members and visitors. However, publicly
accessible areas of the Service would not include portions of Summerhost
Servers that are limited to members, Summerhost services intended for
private communication such as Summerhost Mail or, or areas off of the
Summerhost network of properties such as portions of World Wide Web sites
that are accessible via hypertext or other links but are not hosted or
served by Summerhost.
10.
CONTRIBUTIONS TO Summerhost
By submitting ideas, suggestions, documents, and/or proposals
("Contributions") to Summerhost through its forum, or contact forums, you
acknowledge and agree that: (a) your Contributions do not contain
confidential or proprietary information; (b) Summerhost is not under any
obligation of confidentiality, express or implied, with respect to the
Contributions; (c) Summerhost shall be entitled to use or disclose (or
choose not to use or disclose) such Contributions for any purpose, in
any way, in any media worldwide; (d) Summerhost may have something
similar to the Contributions already under consideration or in
development; (e) your Contributions automatically become the property
of Summerhost without any obligation of Summerhost to you; and (f) you are
not entitled to any compensation or reimbursement of any kind from
Summerhost under any circumstances.
11. INDEMNITY
You agree to indemnify and hold Summerhost and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors
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 otherwise 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.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service
(including your Summerhost ID), use of the Service, or access to the
Service, unless you are a member of the Summerhost Reseller Service.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Summerhost may establish general practices and
limits concerning use of the Service, including without limitation the
maximum number of days that idle hosting accounts, 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 Summerhost's 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
Summerhost has no responsibility or liability for the deletion or failure
to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that Summerhost
reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that Summerhost reserves
the right to modify these general practices and limits from time to
time.
14. MODIFICATIONS TO
SERVICE
Summerhost 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 Summerhost shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
15.
TERMINATION
You agree that Summerhost may, under certain circumstances and without
prior notice, immediately terminate your Summerhost account, any
associated email address, and access to the Service. Cause for such
termination shall include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) discontinuance
or material modification to the Service (or any part thereof), (e)
unexpected technical or security issues or problems, (f) extended
periods of inactivity, (g) engagement by you in fraudulent or illegal
activities, and/or (h) nonpayment of any fees owed by you in connection
with the Services. Termination of your Summerhost account includes (a)
removal of access to all offerings within the Service, including but
not limited to Hosting accounts, Email Services, SQL databases, (b)
deletion of your password and all related information, files and
content associated with or inside your account (or any part thereof),
and (c) barring of further use of the Service. Further, you agree that
all terminations for cause shall be made in Summerhost's sole discretion
and that Summerhost shall not be liable to you or any third party for any
termination of your account, any associated email address, or access to
the Service.
16. 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
Summerhost 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.
17. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Summerhost has no control over
such sites and resources, you acknowledge and agree that Summerhost 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
Summerhost 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.
18. Summerhost'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 by advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by Summerhost 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.
19
FREE DOMAIN WITH PAID HOSTING
Free domain names which are included with Paid Hosting accounts are the
property of Summerhost Internet. Summerhost will always retain ownership of
free domain names we register. If requested, Summerhost will allow the
'transfer' any free domains to an alternative hosting provider if a
transfer administration fee is paid, which amounts to $29.99. If the
service has been provisioned for over 12 months Bytehost may waiver the
above mentioned transfer fee. Summerhost reserves the right to
cancel / transfer domain names which are provided with paid hosting
accounts. We reserve the right to renew or allow the expiration of
domain names we register.
20. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. Summerhost AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM 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 NON-INFRINGEMENT.
2. Summerhost AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE 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 CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM Summerhost OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN
OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN
EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
21.LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Summerhost AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL
NOT BE LIABLE TO YOU 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 Summerhost 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 SERVICE.
22. 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 19 AND 20 MAY NOT APPLY TO YOU.
23. 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 the Service concerning
companies, stock quotes, investments or securities, please read the
above Sections 19 and 20 again. They go doubly for you. In addition,
for this type of information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational purposes
only, and no Content included in the Service is intended for trading or
investing purposes. Summerhost and its licensors 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
based on such information.
24. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third-party beneficiaries to this agreement.
25. NOTICE
Summerhost may provide you with notices, including those regarding
changes to the TOS, by email, regular mail or postings on the Service.
26. TRADEMARK INFORMATION
The Summerhost, Summerhost logo, Summerhost (in Chinese characters),
trademarks and service marks and other Summerhost logos and product and
service names are trademarks of Summerhost (the "Summerhost Marks").
Without Summerhost's prior permission, you agree not to display or use in
any manner the Summerhost Marks.
27. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
Summerhost respects the intellectual property of others, and we ask our
users to do the same. Summerhost may, in appropriate circumstances and at
its discretion, disable and/or terminate the accounts of users who may
be repeat infringers. If you believe that your work has been copied in
a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide Summerhost's
Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
interest;
2. a description of the copyrighted work or other intellectual property
that you claim has been infringed;
3. a description of where the material that you claim is infringing is
located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law;
6.
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 intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Summerhost's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
7 Old Gloucester Street
London, London WC1N 3XX
United Kingdom
By phone: 441912478100
By fax: 441912478100
By email: abuse@Summerhost.info
28. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you
and Summerhost and governs your use of the Service, superseding any prior
agreements between you and Summerhost with respect to the Service. You
also may be subject to additional terms and conditions that may apply
when you use or purchase certain other Summerhost services, affiliate
services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and
Summerhost shall be governed by the laws of the United Kingdom without
regard to its conflict of law provisions. You and Summerhost agree to
submit to the personal and exclusive jurisdiction of the courts located
within the county of Northumberland, United Kingdom.
Waiver and Severability of Terms. The failure of Summerhost 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.
No Right of Survivorship and Non-Transferability. You agree that your
Summerhost account is non-transferable and any rights to your Summerhost ID
or contents within your account terminate upon your death. Upon receipt
of a copy of a death certificate, your account may be terminated and
all contents therein permanently deleted.
Statute of Limitations. 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.
29.
VIOLATIONS
Please report any violations of the TOS to abuse@Summerhost.info.
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