Hosting Terms Of Service
FOX FORGE WEB HOSTING TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Welcome to the Fox Forge Web Hosting service (the "Service")! Your use of the Service in conjunction with a Fox Forge Web Hosting Starter, Standard, or Professional package is subject to these Terms of Service ("TOS"), and all other documents incorporated by reference. Fox Forge reserves the right to update and change these Terms and incorporated documents from time to time without notice or acceptance by you. You can review the most current version of the TOS at any time by accessing the TOS link in Fox Forge's Home Page. Please note that other Fox Forge services, outside of the Service, are governed by different Terms of Service.
You specifically agree and acknowledge that you have, in addition to the terms of this Terms of Service, reviewed the terms of the Terms of Use and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation herein you agree to be bound by them. Fox Forge New Media’s failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right.
If you do not agree to accept and abide by this Terms of Service, you should not access or use the membership portions of the Site. In the event of any inconsistency between these Terms of Servicet and you, the terms of these Terms of Service shall govern.2. DESCRIPTION OF SERVICE
The Service provides Fox Forge users with access to a rich collection of on-line resources, including the ability to register or transfer their own domain and to host a complete website hosting service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Fox Forge Web Hosting resources, shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. DOMAIN REGISTRATION
3.1 If you register a new domain name in conjunction with the Service, the following terms also apply:
(a) Fox Forge has chosen GoDaddy and VOX Domains an accredited registrar for .com, .net, .org, .biz, .info and .us domain names, to provide domain name registration services. You hereby authorize Fox Forge to acquire your selected domain name from GoDaddy and VOX Domains. In order to receive a domain name, you must agree to GoDaddy and VOX's terms and conditions located at http://www.godaddy.com/ for .com, .net, .org, .biz, .info and .us domain names and http://www.foxforge.com for .us domain names, as may be amended. You understand that you are creating a separate contractual relationship between you and GoDaddy and VOX, and that you, and not Fox Forge, are responsible for all fees, liability, and obligations in connection with that relationship. Until the Service is canceled or otherwise terminated, you will pay Fox Forge on your behalf the domain registration/renewal fees as part of the Service. You agree that your obligations to indemnify under "Indemnity" in these Terms (Section 14) includes any claim or demand associated with your domain name, any domain name pre-registration services provided through the Service, or the GoDaddy and VOX terms and conditions.
(b) You will be listed as the registrant and administrative contact in connection with your domain name, unless you choose another registrant and administrative contact. If you choose a registrant and administrative contact other than yourself, such person(s) must enter into an agreement directly with the GoDaddy and VOX and, additionally, will be bound by this Agreement in addition to you. You hereby authorize yourself to be listed as the billing contact for personal billing, and authorize Fox Forge as a contracted billing establishment owed upon billings due for services provided by Fox Forge and list Fox Forge technical contact and name server in connection with your domain name and to take any actions Fox Forge deems appropriate in those capacities. However, upon termination of the Service, Fox Forge may immediately cease acting in those capacities and reserves the right to transfer your account to Forge Collections (our Legal Department) for collection of past-due amounts. In the event of such transfer, you authorize Forge Collections (our Legal Department) to serve as the billing contact, technical contact and name server in connection with your domain name, and to take any actions necessary the Forge Collections (our Legal Department) deems appropriate in those capacities. Upon termination of the Service, Fox Forge will not be responsible for forwarding any notices, emails or other correspondence to you or to taking any other actions in connection with your domain name. You will be solely responsible for all ongoing fees, as well as removing Fox Forge as the billing, technical contact and name servers in connection with your domain name, unless Fox Forge notifies you otherwise.
As the passwords are held by you, you are liable and legally bound to cooperate and coordinate efforts to correct any activities arising from:
(i) any use, or alleged use, of the Site under your Member Name by any person, whether or not authorized by you;
(ii) or resulting from any communication made, or Content uploaded under your Member Name; or
(iii) any breach by you of this Terms of Service. Fox Forge New Media reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Fox Forge New Media's defense of such claim.
(C) Passwords:
You acknowledge and agree that the user identification provided by Fox Forge New Media to you so that you may access and utilize the membership portions of the Site (your “Member Name”), and the password selected by and used by you in conjunction with your Member Name are to be kept secret and confidential. You agree that you shall not disclose such Member Name or password to any other party without the express written permission of Fox Forge New Media. You acknowledge and agree that you will be responsible for each and every access or use of the membership portions of the Site that occurs in conjunction with your Member Name and such passwords, and that Fox Forge New Media is authorized to accept your Member Name and password as conclusive evidence that you have accessed or utilized the membership portions of the Site. You acknowledge that such password(s) are unique to you and that, although Fox Forge New Media does have the ability to require password(s) to meet certain requirements (such as a minimum or maximum number of characters) and to reset such password(s), Fox Forge New Media does not have the ability to access the password(s) themselves.
(D) You also agree to a 'No Contest' Agreement, in accordance to compliance to the TOS, legally binding agreement for such legally liable actions on your behalf.
3.2. Using a Pre-Existing Domain Name
If you choose to use a domain name under the Service that you have already registered with another provider, you must request that the original registrar change the name servers for the domain name as designated by Fox Forge, on your behalf.
PLEASE NOTE: IF YOU CHOOSE TO USE A DOMAIN NAME UNDER THE SERVICE THAT YOU HAVE ALREADY REGISTERED WITH ANOTHER PROVIDER, THE FEES PAYABLE TO FOX FORGE FOR THE SERVICE DO NOT INCLUDE REGISTRATION FEES OWED BY YOU TO YOUR PRIOR PROVIDER, AND YOU WILL CONTINUE TO BE RESPONSIBLE FOR ALL ONGOING FEES FOR THAT DOMAIN NAME WITH YOUR CURRENT PROVIDER, INCLUDING RENEWAL FEES. ADDITIONALLY, IF YOU CHOOSE TO USE A DOMAIN NAME PREVIOUSLY REGISTERED THROUGH VERISIGN/NETWORK SOLUTIONS, YOU HEREBY AUTHORIZE FOX FORGE TO SUBMIT A REQUEST TO VERISIGN/NETWORK SOLUTIONS TO CHANGE THE NAME SERVERS AND/OR TECHNICAL CONTACT TO FOX FORGE ON YOUR BEHALF. SUCH REQUEST BY FOX FORGE WILL NOT BE FINALIZED UNTIL YOU PROVIDE AUTHORIZATION TO VERISIGN/NETWORK SOLUTIONS.
4. REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information to be considered part of the "Registration Data" as defined in section 5 below) 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 Fox Forge has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fox Forge 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). You also understand and agree that the service may include certain communications from Fox Forge, such as service announcements, administrative messages and the Fox Forge Newsletter, and that these communications are considered part of Fox Forge membership and you will not be able to opt out of receiving them.
5. FOX FORGE ID AND FOX FORGE SHOP REQUIREMENTS
In order to use the Service, you must have a valid Fox Forge ID and have agreed to the Fox Forge's Terms of Service found at http://www.fox-forge.com/terms-of-service. You must also have a Fox Forge Shop Account, which will save your credit card, billing and shipping information and other information ("Registration Data"). If you do not have a Fox Forge ID or a Fox Forge Shop Account, and wish to purchase the Service, you will be prompted to complete the registration prior to purchase. Click here for more information on Fox Forge Accounts.
Age and Responsibility
You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the Site (as well as for use of your Member Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the Site under your name or account.
6. PAYMENT TERMS
6.1 MONTHLY BILLING
The credit card that you provide as part of your Registration Data for Fox Forge ID will be automatically and immediately billed. All currency references are in U.S. dollars. Please note, unless Fox Forge gives notice to the contrary, payment for the Service is billed on a monthly basis and is non-refundable.
6.2 SET-UP FEE
When you register for the Service you will NOT be charged any set up fees as Fox Forge has a larger service and broader capabilities in hosting. Ergo, there is no need for one-time set up fees.
6.3 DATA TRANSFER FEE
Currently, there is no options for extra data transfers. However, when the time arises that extra data transfer becomes available, you hereby agree to this partition of the forwarded agreement.
If you choose a hosting package option that has limited data transfer for extra data transfer, your website will be replaced with a standard page stating 'You have reached your Bandwidth Limit. once data transfer limits have been reached.If you choose a hosting package option that has a greater or unlimited data transfer 'bandwidth' for services from Fox Forge for the Service and you go over your package allotment, you will be billed automatically for each site upgrade package monthly and that charge is non-refundable. You will not be refunded for the extra data transfer in that increment that you did not use. You may opt out of service packages for extra data transfer at any time.
6.4 UPGRADES AND DOWNGRADES
You will have the ability to upgrade or downgrade the Service at any time during the monthly term. Such upgrade or downgrade will take effect within 48 hours of notification. For any upgrade in package level, the credit card that you provided as part of your Registration Data for Fox Forge Shop will not automatically be refunded a pro-rata amount for the lower level of Service and charged a pro-rata amount for the higher level Service. The charge will be added to the current balance while the last set days of the former days of purchased usage canceled and the new usage activated within the stated 48 hours of notification, aligned under the applicable Terms of Services. The anniversary date of service will not change. For any downgrade, your credit card will not be refunded a pro-rata amount for the days remaining in the monthly term. Fees may not be credited towards other Services. All currency references are in U.S. dollars.
6.5 Cancellation and Termination
If you cancel the Service before the end of the monthly term, your cancellation will take effect immediately, but you not will have access to the Service for the remainder of the month in which you cancel. Your domain name will remain registered for its current term, but will cease working with your email and pointing to your website. After cancellation and when monthly term ends, you will no longer have access to your website and all information contained therein may be deleted by Fox Forge. Fox Forge accepts no liability for such deleted information or content, and is not liable for the losses of foregone information formerly stored in any legal liable manner.
If your credit card is invalid for any reason, the Service may be canceled and all the information contained within deleted permanently. Fox Forge accepts no liability for information that is deleted due to an invalid credit card.
In addition, Fox Forge may immediately terminate the Service for any failure to follow the Agreement by you. Such termination of the Service may result in the deactivation or deletion of your Fox Forge Web Hosting Site, and the forfeiture and relinquishment of all files contained in your account. Upon such action, you allot Fox Forge full permissions to use all deleted data and intellectual properties from the deleted data formerly contained in the website deleted without contest in any legal manner through any legal action.
7. FOX FORGE PRIVACY POLICY
Pursuant to Fox Forge's privacy policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the TOS, or under any of the other circumstances set forth in our privacy policies, as may be amended from time to time. For more information, please see our full privacy policy at http://www.fox-forge.com/terms-of-service/74-privacy-policy
8. OWNERSHIP OF WEBSITE ACCOUNT AND SECURITY
You are solely responsible for maintaining the security of your account and web site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the registered domain name, including those of users to whom you give e-mail accounts on your domain ("Domain E-mail Users"). You agree to immediately notify Fox Forge of any unauthorized uses of the account or any other breaches of security. Fox Forge cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Fox Forge be liable, in any way, for any acts or omissions, of you or any Domain E-Mail User, to whom you give an e-mail account on your domain, including any damages of any kind incurred as a result of such acts or omissions.
9. DOMAIN E-MAIL USERS
Please note that all Domain E-Mail Users must have Fox Forge ID's and are subject to the all applicable Terms of Services. Fox Forge expressly assumes no liability for any losses incurred due to Domain E-Mail User activities.
10. CONTENT AND CONDUCT RULES AND OBLIGATIONS
10.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Fox Forge, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU ARE NOT TO:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, adult-oriented, or racially, ethnically or otherwise objectionable.
(b) harm minors in any way.
(c) impersonate any person or entity, including, but not limited to, a Fox Forge official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit 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).
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party.
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as
(a) sending mass email to recipients who haven't requested email from you or with a fake return address,
(b) promoting a site with inappropriate links, titles, descriptions, or
(c) promoting your site by posting multiple submissions in public forums that are identical.(h) upload, post or otherwise transmit 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.
(i) 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.
(j) 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.
(k) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others. Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.
(m) offer for sale or sell any item, good or service that:(a) violates any applicable federal, state, or local law or regulation,
(b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or
(C) upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents to distribute or sell.
(d) Fox Forge New Media determines, in its sole discretion, is inappropriate for sale through the Service provided by Fox Forge.
(n) Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
(o) Falsify the origin or source of software or other material contained in a file that is uploaded.
(p) Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
(q) Use any communications or Content or other information obtained through the Site in a manner that is competitive with the Site or Fox Forge New Media’s business.
10.2 Inactivity Suspension and Termination
Fox Forge New Media may also terminate or suspend your access to the membership portions of the Site for inactivity, which is defined as failing to access the membership portions of the Site for an extended period of time, as reasonably determined by Fox Forge New Media.
Termination of this Terms of Service does not relieve you of your responsibilities to pay any amounts due to Fox Forge New Media under this Terms of Service or your obligations to not use the membership portions of the Site or any Content other than in the manner permitted under this Terms of Service or any other agreement entered into at the time such Content was downloaded (such as a Content License Agreement, etc). Termination of this Terms of Service shall operate without prejudice to the Fox Forge New Media’s rights, defenses and limitations of liability provided under this Terms of Service, which rights, defenses and limitations of liability shall survive termination of this Terms of Service.
You acknowledge that Forums are public and not private communications. Further, you acknowledge that no communication of a third party or Content is endorsed by Fox Forge New Media and no communication of a third party or Content may be considered reviewed, screened or approved by Fox Forge New Media. As explained below, Fox Forge New Media reserves the right for any reason to remove without notice any communication, Content or other material posted to the Site.
You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other Fox Forge New Media member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
10.1 Managing Content
Fox Forge New Media does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, Fox Forge New Media reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Terms of Service or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded under your Member Name. Fox Forge New Media shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by Fox Forge New Media to determine Accepted Content is done as a courtesy only.
11. ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by Fox Forge in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
12. 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.
13. CONTENT SUBMITTED TO FOX FORGE WEB HOSTING
Fox Forge does not claim ownership of the Content you place on your Fox Forge Web Hosting Site. By submitting Content to Fox Forge for inclusion on your Fox Forge Web Hosting Site, you grant Fox Forge the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content not solely for the purpose of displaying, distributing and promoting Fox Forge Web Hosting Sites on Fox Forge's Internet properties. This license exists only for as long as you continue to be a Fox Forge Web Hosting customer and shall be terminated at the time your Fox Forge Web Hosting Site is terminated.
You acknowledge that Fox Forge does not pre-screen Content, but that Fox Forge and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Fox Forge 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 liable risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content, and agree to indemnify Fox Forge of all legal liability for such stored and/or displayed content.
13.1 Confidential Information
You acknowledge that the Confidential Information (defined below) which you obtain through the entering into of this Terms of Service and the use of the Site constitutes valuable, confidential, proprietary information of Fox Forge New Media and its licensors, and you agree that during the term of this Terms of Service and thereafter you shall not, without the express written consent of Fox Forge New Media, use or disclose to any other person any such Confidential Information, except as specifically authorized under this Terms of Service or as required by applicable law.
For the purposes of these Terms of Service, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of Fox Forge New Media, its members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Site content belonging to others and other intellectual property.
13.2 Confidential Contact
You consent to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time you are first granted access to the membership portions of the Site, or such other address as you may advise us in writing to use, from time to time.
14. INDEMNITY
You agree to indemnify, defend and and hold Fox Forge, and its respective subsidiaries, affiliates, directors, officers, agents, co-branders, stockholders or other partners, and employees (Collectively, the "Fox Forge New Media Parties".), harmless from any and all claims or demands, including all attorneys' fees by you, or made by any third party, (including attorney's and lawyers’ fees on a solicitor and client basis), due to or arising out of your Content, your use of the Service, your connection to the Service, your violation(s) of the TOS, or your violation of any rights of another.
15. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Fox Forge under a 'No Contest' legally binding liability through the TOS.
16. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Fox Forge may establish general practices and limits concerning use of the Service at any time.
17. MODIFICATIONS TO SERVICE
Fox Forge 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 Fox Forge shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
18. RESERVATION OF RIGHTS
You agree that Fox Forge, in its sole discretion, expressly reserves the right to suspend or terminate your password, Fox Forge Web Hosting Site, use of the Service or use of any other Fox Forge services provided or purchased, and remove and discard any Content within the Service, for any reason, including, without limitation, if Fox Forge believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Fox Forge may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Fox Forge may immediately deactivate or delete your Fox Forge Web Hosting Site and all related information and files in your Fox Forge Web Hosting Site and/or bar any further access to such files or the Service. Further, you agree that Fox Forge shall not be liable to you or any third-party for any termination of your access to the Service.
19. FOX FORGE PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary, intellectual 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 advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Fox Forge 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.
Fox Forge grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Fox Forge for use in accessing the Service.
20. DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ANY CONTENT CONTAINED THEREIN, ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
FOX FORGE NEW MEDIA DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
FOX FORGE NEW MEDIA DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FOX FORGE EXPRESSLY DISCLAIMS 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.
(b) FOX FORGE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, FOX FORGE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MIS-DELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. FOX FORGE DOES NOT WARRANT THAT
(i) THE SERVICE WILL MEET YOUR SPECIFIC 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.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
21. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO, ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOX FORGE SHALL NOT BE LIABLE 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 FOX FORGE NEW MEDIA 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.
IN NO EVENT SHALL FOX FORGE NEW MEDIA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF FOX FORGE NEW MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, YOU UNDERSTAND, AGREE TO, CHOOSE TO UPHOLD AND DEFEND FOX FORGE NEW MEDIA’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS TERMS OF SERVICE OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) AMERICAN DOLLARS, IN SUPERCEEDENCE TO ALL OTHER TERMS OF SERVICES IN CONJUNCTIVE BLANKET PROTECTION OF FOX FORGE NEW MEDIA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AFFILIATES, LICENSORS OR AGENTS.
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 20 AND 21- MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF FOX FORGE NEW MEDIA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
23. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
24. COPYRIGHT
Fox Forge respects the intellectual property rights of others and we ask our users to do the same. Please see our copyright policy at http://www.fox-forge.com/terms-of-service/79-copyright-policy.
25. APPLICABLE LAW, CHOICE OF LAW AND FORUM (LOCATION OF LAWSUIT)
The business parties have requested that these Terms of Service Agreement(s) and all documents relating therein, to be drawn up in English. Les parties ont demand que cette convention ainsi que tous les documents qui s'y rattachent soient en anglais.
By accessing this site, you understand and agree that you are bound by the understanding and agree that you are hereby competant and educated, understood and agreed upon by competant law, that by these terms of service, understand and agree that you have read these Terms of Service that you have legibly, competantly and liably, done so in English, or have had these terms competantly read to you, before any veiw, reveiw, use or obtainment of, any whole or part thereof of Fox Forge New Media, and can be held liable in any court of law by this provision.
The TOS and the relationship between you and Fox Forge New Media shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. The Site is controlled, operated and administered by Fox Forge New Media from within Andrews,Texas. The Site can be accessed from all countries in the United States, as well as from other countries around the world, but is only intended for use in America. As each of these jurisdictions has laws that may differ from those of Andrews, Texas in America, by accessing the Site, you acknowledge and agree that this Terms of Service will be governed under the laws of Andrews, Texas in America and the federal laws of America applicable therein (without reference to conflicts of laws principles). You hereby irrevocably submit to the exclusive jurisdiction of Andrews, Texas in America with respect to the subject matter of these Terms of Service and all related matters of Fox Forge New Media. This Terms of Service will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The failure of Fox Forge New Media to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
Any and all disputes arising out of, under or in connection with this Terms of Service, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Andrews, Texas, pursuant to the rules of the Laws of Texs in effect at the time arbitration is demanded.
If Fox Forge New Media is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Fox Forge New Media for its legal fees, costs and disbursements if Fox Forge New Media is successful within the following week of ruling in the court of law.
In the event the parties are unable to agree, if any provision, or part thereof, of this Terms of Service is wholly or partially unenforceable the parties or, a court of competent jurisdiction, shall put in place thereof an enforceable provision(s), or any applicable part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. This Agreement is personal to you and is not assignable by you without Fox Forge New Media’s prior written consent. Fox Forge New Media may assign this Agreement without your consent to any other party so long as such party agrees to be bound by these terms.
26. INTEGRATION AND SEVERABILITY
The TOS constitutes the entire understood and agreed-upon agreement between you and Fox Forge New Media and such governs your use of the Service, super-ceding any prior agreements between you and Fox Forge New Media or Fox Forge Web Hosting (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Fox Forge New Media services, third-party content or third-party software. If any provision of the TOS or incorporated documents are 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. 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.
27 Term and Termination
This Membership Agreement is effective until terminated. You may terminate membership at any time by emailing Fox Forge New Media or by such other means of written notice acceptable to Fox Forge New Media which enables confirmation of your identity and your intention to terminate. Fox Forge New Mediareserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the membership portions of the Site at any time for any reason without prior notice or liability. Fox Forge New Media may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
28. VIOLATIONS
Please report any violations of the TOS to our Content Violation Reporting Form as immediately as liability serves possible.
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