1. General and Acceptance
BY USING AND/OR VISITING THE WWW.clubhosting.org WEBSITE AND/OR ANY SUB-WEBSITE OF WWW.clubhosting.org (collectively, including all Content available through the clubhosting.org domain name and/or any sub-domain name such as www.mobile.clubhosting.org, the “ClubHosting Website”, or “Website”), is owned, maintained and operated by ClubHosting Easy Sites Ltd. (“ClubHosting Easy Sites” or “ClubHosting”) and by USING ANY OF THE SERVICES PROVIDED ON THE WEBSITE (as defined bellow) YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Use” or “Agreement”) AND THE TERMS AND CONDITIONS OF CLUBHOSTING EASY SITES’S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.clubhosting.org, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the ClubHosting Website.
This Terms of Use Agreement sets forth the legally binding terms for your use of the ClubHosting Services and they shall apply to all users of the ClubHosting Website, including users who are also contributors of content information, and other materials or services on the Website. By using the ClubHosting Services, you agree to be bound by this Agreement. You are only authorized to use the ClubHosting Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE CLUBHOSTING WEBSITE AND DISCONTINUE USE OF THE CLUBHOSTING SERVICES IMMEDIATELY. IF YOU WISH TO BECOME A MEMBER AND MAKE USE OF THE CLUBHOSTING SERVICES, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.
In order to participate in certain ClubHosting Services, you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the clubhosting.org Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof.
clubhosting.org may modify this Agreement from time to time and such modification shall be effective upon posting by clubhosting.org on the Website. You agree to be bound to any changes to this Agreement when you use the ClubHosting Services after any such modification is posted. It is therefore important that you review this Agreement regularly upon each use of the ClubHosting Services to ensure you are updated as to any changes.
2. Eligibility
Use of and Membership in the ClubHosting Services is void where prohibited. By using the ClubHosting Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the ClubHosting Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 13 years of age.
Minors are not allowed to purchase Premium/Upgraded Services. Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need in any additional approvals or consents.
3. Provided Services
Subject to full compliance with the Terms of this Use Agreement, ClubHosting shall provide certain services, as described more fully on the Website (“Services”). Services may include, but not be limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the “Content”). Please note that part of the Services (or special features) may be provided only to Users who subscribe for such Services and ClubHosting may charge fees for Services. The Services are provided by ClubHosting AS IS and ClubHosting assumes no responsibility for any failure in providing the Services to the Users.
ClubHosting may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. ClubHosting may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. ClubHosting may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any ClubHosting product or image or webpage including such which have been created by users unless stated otherwise.
The Premium/Upgraded Services provided by ClubHosting (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including the Cancellation Terms) as detailed on the Website, and such provisions and policies as may be amended of changes from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.
It is further stipulated that any use of the ClubHosting Services for creation and/or uploading and/or hosting of HTML widgets or other HTML web content (“HTML Content”) for commercial purposes (such as, but no limited to, adsense, e-commerce shopping carts etc.) is subject and contingent upon upgrade of such content by purchase of a Premium package (as defined in the Website) which is at least a ‘Combo’ package. In the event that HTML Content is not upgraded as required, ClubHosting shall have the right to discontinue the use of the Services through such HTML Content without any prior notification.
4. General Undertakings
You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content you may submit, post or share via the Website. You will not use the clubhosting.org service for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.
5. The ClubHosting Website
The ClubHosting Website may contain third party content and links to third party websites that are not owned or controlled by ClubHosting Easy Sites. ClubHosting has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content or websites or any of their contents. In addition, ClubHosting Easy Sites will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve ClubHosting Easy Sites from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the ClubHosting Website and to read the terms and conditions and privacy policy of each other website that you visit.
6. Website Access
A. ClubHosting hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by ClubHosting; and (ii) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify ClubHosting immediately of any breach of security or unauthorized use of your account. Although ClubHosting will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ClubHosting or others due to such unauthorized use.
7. Linked Content
ClubHosting enables you to link to images, animations, videos, audio, and other content hosted on third party websites (the “Linked Content”). As a registered user, your creation is saved by ClubHosting, but this is separate from the Linked Content, and the existence of your creation in ClubHosting does not affect in any manner the ability to view or use Linked Content. If the Linked Content is no longer available or accessible to a user, then those portions of your creation that reference the Linked Content will not work.
ClubHosting may provide its users the ability to embed images, animations, videos, audio, and other content owned or provided by third parties cooperating with ClubHosting into ClubHosting created content. In such case, the use of such third party content shall be subject to the compliance with the provisions of these Terms of Use and in addition, the terms of use / end user license agreement of the third party owning or providing the used content.
Specifically, it is brought to your attention that any use of images provided by Fotolia.com which may be used through the ClubHosting website, is subject to the terms of the Fotolia.com’s End User License Agreement and Terms and Conditions of Use as may be found on www.fotolia.com.
8. Online Sharing through Third Party Services
ClubHosting enables you to share your creations and/or User Submissions (as defined below) through third party websites, blogs or email systems. When sharing your creations through third party services you shall continue to comply with all provisions of this Agreement. You are also to comply with the terms of any the services through which you are sharing your creation.
9. Third Party Services
You are fully aware of the fact that ClubHosting shall not have any responsibility or liability with regard to any third party services used by you on or through your ClubHosting formed web content, such as payment and e-commerce services and any use of such third party services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such services (such as the possibility of a ‘PayPal’ button), are provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of ClubHosting.
10. Fees and Payment
Some of the Services offered on the Website require payment of fees (“Charged Services”). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. ClubHosting reserves the right to change its prices and at any time. You authorize ClubHosting directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such Services.
Please note that according to internal agreements, ClubHosting.org (InnoNotion LLC) is entitled to collect fees form Users on behalf of the Charged Services, to process any payments and/or refunds and/or take any billing actions as required in connection with the collection of the fees on behalf of the Charged Services.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you to ClubHosting.
All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If ClubHosting does not receive a request for Charged Services termination in writing to one of the addresses listed on the Website under “customer contact information,” you acknowledge and understand that ClubHosting will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not.
If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services.
Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. ClubHosting expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOU’RE ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, CLUBHOSTING WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH CLUBHOSTING AT CLUBHOSTING’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY ENABLE OR DISABLE THE AUTOMATIC RENEWAL OPTION AT ANY TIME. HOWEVER, SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND CLUBHOSTING SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
11. OWNERSHIP OF CONTENT
ClubHosting does not have the ability to determine the actual owner of content created and/or uploaded to the Website.
Accordingly:
(i) in respect to content (such as websites, webpages and widgets) created and/or uploaded to the Website by a free User (and which ClubHosting has not been paid for), the owner of such content shall be considered as the ClubHosting User listed as the owner of the ClubHosting account under which the content has been created or uploaded to the Website;
(ii) in respect to websites created on ClubHosting’s Website and which have an external URL (i.e. a domain name imported or purchased as part of a “Premium Upgrade”), ClubHosting shall consider the owner of such website as the person or entity registered as the owner of the domain according to the WHOIS database as provided on the www.whois.net website. To remove any doubt, the identity of the person or entity that has paid ClubHosting for the Charged Services shall not be considered by ClubHosting as creating any ownership or other rights in or in relation to such website;
ClubHosting shall not provide any information and/or details regarding any content created or uploaded to the Website other than to the owners of such content as determined above.
12. CANCELLATION & MONEY BACK / REFUND POLICY
The ClubHosting Charged Services are provided on a prepay basis. ClubHosting users may decide to discontinue their use of any Charged Services at any time. Such cancellation is done by the users themselves on the ClubHosting Website and according to the instructions posted therein. Accordingly, there is no point in addressing the ClubHosting Support team in connection with cancellations. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which the user has completed the cancellation process on the ClubHosting Website.
ClubHosting will only refund you according to the following Money Back Guaranty Policy: ClubHosting offers a 30-day money back guaranty (“Guaranty Period”). In case you are not satisfied with any of the Charged Services you have acquired and you have provided a cancellation notice, you can submit a refund request by email to support@ClubHosting.org within the Guaranty Period in order to receive full refund. ClubHosting will not refund any amounts paid after the elapse of the Guaranty Period.
YOU ACKNOWLEDGE THAT CERTAIN SERVICES PURCHASED ON THE WEBSITE OR FROM THE COMPANY, OR AFFILIATES, MAY BE NON-REFUNDABLE.
THE TERMS OF EACH PURCHASED SERVICE ARE INDICATED IN THE WEBSITE AND/OR AS PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY FOR CANCELLATION OF A SERVICE PRIOR TO PURCHASING ANY CHARGED SERVICE IN WRITING IF UNCERTAIN.
CLUBHOSTING WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.
NON-REFUNDABLE SERVICES INCLUDE CUSTOM SETUP, WEBSITE DESIGN WORK, WEBSITE SETUP WORK, A LA CARTE SETUP SERVICES AND SITE CONFIGURATIONS, GRAPHIC DESIGN, AND OTHER LABOR RELATED SERVICES.
DOMAIN NAMES ARE NEVER REFUNDABLE DUE TO LEGAL ARRANGEMENTS WITH REGISTRARS
REFUNDABLE PRODUCTS INCLUDE WEBSITE HOSTING SPACE, EMAIL HOSTING SERVICE, AND THINGS THAT REQUIRE PREPAY FOR TERMS OF SERVICE, IF THOSE PRODUCTS FALL IN THE REALM OF REFUNDABLE PRODUCTS.
13. Intellectual Property Rights
The Content on the ClubHosting Website (as defined above), except all User Submissions (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, ClubHosting uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a ClubHosting document). ClubHosting reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the ClubHosting Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ClubHosting Website or any of the Content therein.
14. User Submissions
A. The ClubHosting Website may now or in the future permit the submission of Content submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, clubhosting.org does not guarantee any protection with respect to any submissions.
B. YOU UNDERSTAND THAT ALL USER SUBMISSIONS ARE THE SOLE RESPONSIBILITY OF THE USER UPLOADING SUCH CONTENT. YOU, AND NOT CLUBHOSTING, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SERVICE. CLUBHOSTING DOES NOT CONTROL THE CONTENT POSTED VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT OR THAT IT’S UPLOADING DOES NOT INFRINGE ANY THIRD PARTY RIGHTS.
C. WHILE CLUBHOSTING IS NOT RESPONSIBLE FOR AND DOES NOT REVIEW THE USER SUBMISSIONS, CLUBHOSTING RESERVES THE RIGHT TO DELETE ANY SUCH USER SUBMISSIONS THAT CLUBHOSTING DEEMS, IN ITS SOLE DISCRETION RACIST, HURTING, ILLEGAL, OR UNACCEPTABLE FOR ANY REASON AND WITH NO NEED TO PROVIDE EXPLANATIONS.
D. ClubHosting does not claim any intellectual property rights over the User Submissions and any such Submissions shall be considered as granted the rights under the user selection for the copyrights in the appropriate selection in the ClubHosting website. With respect to Submission you submit or make available for inclusion on publicly accessible areas of the ClubHosting Website, the Submission shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Submissions on such publicly accessible areas of the ClubHosting Website and Service and might also be accessible from other websites. With respect to Submission you submit or make available for editing by other users of the ClubHosting Website, the Submission shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Submissions on such publicly accessible areas of the ClubHosting Website and Service and might also be accessible from other websites. Such license shall be terminated only upon removal of such User Submissions (either by the user or by ClubHosting).
E. IN CONNECTION WITH USER SUBMISSIONS, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT CLUBHOSTING AND/OR ANY OF ITS USERS ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE CLUBHOSTING OR ANY THIRD PARTY; (III) SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, ENCOURAGES USE OF DRUGS OR ALCOHOL, OR IS OTHERWISE INAPPROPRIATE; (IV) POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS: (V) IMPERSONATE ANOTHER PERSON.
If you become aware of misuse of the ClubHosting Easy Sites Services by any person, please contact ClubHosting or support@clubhosting.org with “abuse” in the subject line.
ClubHosting does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ClubHosting expressly disclaims any and all liability in connection with User Submissions.
F. COPYRIGHT. CLUBHOSTING DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON ITS WEBSITE, AND CLUBHOSTING SITES WILL REMOVE ALL CONTENT AND USER SUBMISSIONS IF PROPERLY NOTIFIED THAT SUCH CONTENT OR USER SUBMISSION INFRINGES ON ANOTHER’S INTELLECTUAL PROPERTY RIGHTS.
ClubHosting respects the intellectual property rights of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act (the “DMCA”). If you believe that your work has been copied in a way that infringes your copyrights, please email us at abuse@clubhosting.org and provide all relevant details, including the exact location of the material claimed to be infringing your rights, reasonable evidence of such pleaded rights, and any other information as may be required.
The details of the ClubHosting Copyright Infringement Agent nominated according to the provisions of the DMCA, can be found on the ClubHosting website.
Repeat Infringer: ClubHosting reserves the right to remove Content and User Submissions without prior notice. ClubHosting will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. ClubHosting also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law. ClubHosting Easy Sites may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion
ClubHosting makes no representation that it can protect its users from exposure to offensive material. ClubHosting will not be liable for the content of any User Submission and expressly disclaims all liability relating thereto.
If you post content hosted on ClubHosting to any other site, you must provide a link from the image back to ClubHosting to the extent permitted by such other site.
G. You understand that when using the ClubHosting Website, you will be exposed to User Submissions from a variety of sources, and that ClubHosting Easy Sites is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ClubHosting with respect thereto (if any), and agree to indemnify and hold ClubHosting Easy Sites, its Owners/Operators, affiliates, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
15. Additional Prohibited Uses
A. In addition to all the above prohibitions, You agree that you will NOT knowingly use the Service, among other things, to:
(a) harm minors in any way;
(b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) 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);
(d) 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;
(e) “Spamming” to promote your website or Content, or engaging in unethical marketing, advertising, any other practice connected in any way to “spam” or sending content or emails which do not comply with the CAN-SPAM Act of 2003;
(f) 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; or
(g) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy;
You agree to indemnify and hold ClubHosting harmless from any claims resulting from the use of the Services which damages you or any other party. ClubHosting reserves the right to investigate You, Your business, and/or your owners, officers, directors, managers, and other principals, Your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for ClubHosting benefit, and not for Your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in ClubHosting’s sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, or these Terms of Use, ClubHosting may immediately shut down the site, and notify You of the action. You agree to waive any cause of action or claim You may have against ClubHosting for such action.
B. In addition to the above prohibitions, you shall not:
(i) attempt, in any way to remove or otherwise make invisible any ads, banners, links or any other content placed or added to a web page created on the Site without obtaining ClubHosting’s prior consent to do so (by purchasing an appropriate upgrade).
(ii) attempt to connect an external domain (an URL address other than the one provided by ClubHosting) to your ClubHosting created content without purchasing an appropriate upgrade from ClubHosting.
Please note that ClubHosting reserves the right to remove and/or delete any User content including ClubHosting sites which are violating the above prohibition without prior warning.
16. SECURITY
You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You agree to immediately notify ClubHosting in writing of any unauthorized uses of your account or any other breaches of security. ClubHosting 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 ClubHosting be liable, in any way, for any acts or omissions by any ClubHosting User or other third party, including any damages of any kind incurred as a result of such acts or omissions.
17. Warranty Disclaimer & Limitation of Liability
A. YOU AGREE THAT YOUR USE OF THE CLUBHOSTING WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CLUBHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CLUBHOSTING MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE.
B. IN NO EVENT SHALL CLUBHOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 CLUBHOSTING WEBSITE. HE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION .
C. YOU SPECIFICALLY ACKNOWLEDGE THAT CLUBHOSTING EASY SITES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. CLUBHOSTING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CLUBHOSTING WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CLUBHOSTING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
E. CLUBHOSTING EASY SITES DOESN’T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT.
F. CLUBHOSTING MAKES NO REPRESENTATIONS THAT THE CLUBHOSTING WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE CLUBHOSTING WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
18. Indemnity
You agree to defend, indemnify and hold harmless ClubHosting, its affiliate companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the ClubHosting Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the ClubHosting Website.
19. Events Beyond Control.
Under no circumstances shall ClubHosting be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of ClubHosting, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
20. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ClubHosting without restriction or limitations.
21. General
These Terms of Use, together with the Privacy Policy and any other legal notices published by ClubHosting on the Website, shall constitute the entire agreement between you and ClubHosting concerning the ClubHosting Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and ClubHosting’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND CLUBHOSTING EASY SITES AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CLUBHOSTING WEBSITE (EXCLUDING DAMAGES CLAIMS ISSUED BY INNONOTION LLC) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
By registering to the ClubHosting Website and providing your email address, you expressly agree to receive promotional content from ClubHosting, InnoNotion and its affiliates, advertisers, and associates, by email, form time to time. If you provide ClubHosting with your phone number (at any stage of use of the Services), ClubHosting shall be entitled to send you promotional SMS notices form time to time. If you wish not to receive such promotional content / notices, you may notify ClubHosting at any time.
22. BETA Test Warning
Please note that the Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of and agreement to participate in the Service BETA testing.
23. CUSTOMER SERVICE CONTACT
To get in touch with our Customer Service – please use any of the options listed below:
1. Send an email message to: support@clubhosting.org
2. By Phone (visit site for best contact info)
3. Send us a Letter to: clubhosting.org, Inc. 18 Riverside Ave, Suite 145, Sartell MN 56377. USA
24. JURISDICTION
This agreement and terms of service shall be interpreted under the laws of the State of MN. Any litigation under this agreement shall be resolved in the trial courts of Stearns County, Minnesota, USA.