PLEASE COMPLETELY READ THESE TERMS OF USE BEFORE USING THIS
SITE.
By using this site, you signify your agreement to these terms of
use. If you do not agree to these terms of use, please do not use the site.
hostultra.com reserves the right, at its discretion, to add, change, modify,
or remove portions of these terms at any time. Please check these terms regularly
for changes. Your continued use of hostultra.com following the posting of any
changes to these terms will mean you accept those changes.
By using this site you expressly agree that use of hostultra.com
is at your sole risk. Neither hostultra.com, nor its affiliates, nor any of
its officers directors, or employees, agents, third-party content providers,
licensers, sponsors, merchants, or the like, warrant that hostultra.com will
be uninterrupted or error-free; nor do they make any warranty as to the results
that may be obtained from the use of hostultra.com and its services, or as to
the accuracy, reliability, or currency of any information content, service, or
merchandise provided through hostultra.com.
DISCLAIMER
hostultra.com is provided on an "as is," "as
available" basis without warranties of any kind, either expressed or
implied, including but not limited to warranties of title or implied warranties
of merchantability or fitness for a particular purpose. No oral advice or
written information given by hostultra.com nor its affiliates, nor any of its
officers, directors, employees, agents, providers, merchants, sponsors,
licensers, or the like, shall create a warranty; nor shall you rely on any such
information or advice.
Under no circumstances shall hostultra.com or any other party
involved in creating, producing, or distributing hostultra.com be liable for
any direct, indirect, incidental, special, or consequential damages that result
from the use of or inability to use hostultra.com, including but not limited
to reliance by you on any information obtained from hostultra.com or that
result from mistakes, omissions, interruptions, deletion of files or email,
errors, defects, viruses, delays in operation or transmission, or any failure of
performance, whether or not resulting from acts of God, communications failure,
theft, destruction, or unauthorized access to hostultra.com's records,
programs, or services. You hereby acknowledge that this paragraph shall apply
to all content, merchandise, and services available through hostultra.com. Due
to the fact that some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such states liability is
limited to the fullest extent permitted by law.
Information on this web site may contain technical inaccuracies or
typographical errors. Information may be changed or updated without notice.
hostultra.com may also make improvements and/or changes in the products and/or
the programs described in this information at any time without notice.
hostultra.com does not want to receive confidential or
proprietary information from you through our web site or e-mail addresses.
Please note that any information or material sent to hostultra.com or any of
its related sites, services, or e-mail addresses will be deemed NOT to be
confidential. By sending hostultra.com any information or material, you grant
hostultra.com an unrestricted, irrevocable license to use, reproduce, display,
perform, modify, transmit and distribute those materials or information, and
you also agree that hostultra.com is free to use any ideas, concepts, know-how
or techniques that you send us for any purpose.
hostultra.com makes no representations whatsoever about any other
web site which you may access through this one. When you access a
non-hostultra.com web site, please understand that it is independent from
hostultra.com, and that hostultra.com has no control over the content on that
web site. In addition, a link to a non-hostultra.com web site does not mean
that hostultra.com endorse or warrants in any way whatsoever or accepts any
responsibility for the content, or the use, of such web site. It is up to you
to take precautions to ensure that whatever you select for your use is free of
such items as viruses, worms, trojan horses and other items of a destructive
nature. By using a hyperlink on the hostultra.com web site you agree to accept
full responsibility for use of the hyperlink.
LIMITATION OF LIABILITY
Under no circumstances whatsoever shall hostultra.com be liable
for any loss of data, lost profits or any damages including, without
limitation, any indirect, special, incidental, consequential or other damages
that result from the use of, or inability to use, the materials in this site,
even if hostultra.com or a hostultra.com authorized representative has been
advised of the possibility of such damages. Applicable law may not allow the
limitation or exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to you. Notwithstanding the
foregoing, in no event shall hostultra.com's total liability to you for all
damages, losses, and causes of action (whether in contract, tort (including,
but not limited to, negligence) or otherwise) exceed the amount paid by you, if
any, for accessing this site or any of its products or services. By using this
site you agree to hold hostultra.com harmless in all capacities to the fullest
extent allowable by law.
CONTENT PROPRIETARY RIGHTS
You("User") acknowlege that hostultra.com contains
information, data, software, photographs, graphs, videos, typefaces, graphics,
music, sounds, and other material (collectively "Content") that are
protected by copyrights, trademarks, trade secrets, or other proprietary
rights, and that these rights are valid and protected in all forms, media and
technologies existing now or hereinafter developed. All Content is copyrighted
as a collective work under the U.S. copyright laws, and hostultra.com owns a
copyright in the selection, coordination, arrangement, and enhancement of such
Content. User may not modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale of, create derivative works from,
or in any way exploit any of the Content, in whole or in part. If no specific
restrictions are displayed, User may make copies of select portions of the
Content, provided that the copies are made only for User's personal use and
that User maintains any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights notices. Except as
provided in the preceding sentence or as permitted by the fair use privilege
under the US copyright laws (see e.g. 17 U.S.C. Section 107), User may not
upload, post, reproduce, or distribute in any way Content protected by
copyright, or other proprietary right, without obtaining permission of the
owner of the copyright or other propriety right. In addition to the foregoing,
use of any software Content shall be governed by the software license agreement
accompanying such software.
THIRD PARTY CONTENT
hostultra.com has no editorial control over third party content.
Any opinions, advice, statements, services, offers, or other information that
constitutes part of content expressed or made available by third parties,
including providers, merchants, sponsors, licensers, or any other user of
hostultra.com, are those of the respective authors or distributors and not of
hostultra.com or its affiliates or any of its officers, directors, employees,
or agents. Neither hostultra.com nor its affiliates, nor any of its officers,
directors, employees, or agents, nor any third party, including any provider,
merchant, sponsor, licenser, or any other user of hostultra.com, guarantees
the accuracy, completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose. In many instances, the
content available through hostultra.com represents the opinions and judgments
of the respective provider, merchant, sponsor, licenser, or user not under
contract with hostultra.com.
hostultra.com neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice, or statement made on
hostultra.com by anyone other than authorized hostultra.com employees. Under
no circumstances shall hostultra.com, or its affiliates, or any of its
officers, directors, employees, or agents be liable for any loss or damage
caused by a user's reliance on information obtained through hostultra.com. It
is the responsibility of user to evaluate the information, opinion, advice, or
other content available through hostultra.com.
DISTRIBUTION OF THIRD PARTY CONTENT
Except as set forth in CONTENT PROPRIETARY RIGHTS above, you may
upload to or otherwise distribute on hostultra.com only Content that is not
subject to any copyright or other proprietary rights protection (collectively,
"Public Content"), or Content in which the author has given express
authorization for distribution on the World Wide Web. Any copyrighted or other
proprietary Content distributed with the consent of a copyright owner should
contain a phrase such as "Copyright, owned by [name of owner]; used by
permission." The unauthorized submission or distribution of copyrighted or
other proprietary Content is illegal and could subject the you to criminal
prosecution as well as personal liability for damages in a civil suit. You, not
hostultra.com, nor its affiliates, nor any of its officers, directors,
employees, agents, Merchants, Providers, Sponsors, Licensers, or the like, will
be liable for any damage resulting from any infringement of copyrights or
proprietary rights, or from any other harm arising from such submission. By
submitting Content to any User-submit areas, User automatically grants, or
warrants that the owner of such Content has expressly granted hostultra.com
the royalty-free, perpetual, irrevocable, nonexclusive right and license to
use, reproduce, publish, translate, sublicense, copy, and distribute the
Content in whole or in part worldwide and/or to incorporate it in other works
in any form, media, or technology now known or hereafter developed for the full
term of any copyright that may exist in such Content. User also permits any
other User to access, store, or reproduce the Content for that User's personal
use. Subject to this grant, the owner of Content placed on hostultra.com
retains any and all rights which may exist in such Content.
hostultra.com's RIGHTS
hostultra.com's rights include but are not limited to the below
paragraphs. hostultra.com may elect to monitor any areas of the site or any of
its services and may disclose any content, records, or electronic communication
of any kind to satisfy any law, regulation, or government request or if such
disclosure is necessary or appropriate to operate hostultra.com or to protect
the rights or property of hostultra.com, its visitors, sponsors, providers,
licensers, or merchants.
hostultra.com is not responsible in any way whatsoever for
screening, policing, editing, or monitoring such content. If notified of
allegedly infringing, defamatory, damaging, illegal, or offensive content,
hostultra.com may investigate the allegation and determine in its sole
discretion whether to remove or request the removal of such content from
hostultra.com.
hostultra.com reserves the right to prohibit conduct,
communication, or content that it deems in its sole discretion to be harmful to
individual users, hostultra.com, or any rights of hostultra.com or any third
party, or to violate any applicable law. Notwithstanding the foregoing, neither
hostultra.com nor its providers, merchants, sponsors, or licensers can ensure
prompt editing or removal of questionable content after online posting.
Accordingly, neither hostultra.com, nor its affiliates, nor any of its
officers, directors, employees, or agents, nor provider, merchant, sponsor, or
licenser shall assume liability for any action or inaction with respect to
conduct communication, or content on hostultra.com.
Limitations
OTHER
This agreement shall be governed by and construed in accordance
with the laws of the United States without regard to choice of law rules. If any provision
of this agreement shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining provisions. This is the
entire agreement between the parties relating to the subject matter herein and
shall not be modified except in writing, signed by both parties.
TERMINATION OF THIS AGREEMENT
This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying all
materials obtained from hostultra.com, along with all related documentation
and all copies and installations.
hostultra.com shall have the right to immediately terminate this
Agreement with respect to any user which hostultra.com, in its sole
discretion, considers to be unacceptable, or in the event of any breach by you
of this Agreement. hostultra.com may terminate this agreement at any time and
without notice to you. Upon termination, you must destroy all materials
received from hostultra.com.
In addition, by providing material on our web site, we do not in
any way promise that the materials will remain available to you. hostultra.com
is entitled to terminate all or part of any of its site or services at any
time, without notice to you.
ACKNOWLEDGMENT
This Agreement represents the entire understanding between you and
hostultra.com regarding your relationship with hostultra.com and supersedes
any prior statements or representations. You signify your assent to be bound by
this agreement by using the hostultra.com web site.