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Acceptance of Terms
[K75] is an Internet-based Web site that offers DNS Hosting, dynamic DNS, URL Redirection, email hosting, server monitoring and software utilities (each a "Service" and collectively "Services").Use of Customer Information and Privacy Policy
No personally identifiable information or personal data that you provide to [K75] or information regarding the manner in which you use [K75] will be disclosed by [K75], except as permitted by this TOS and our Privacy Policy. By becoming a customer, you agree that [K75] may share with other parties both aggregate information and personal information gathered during your use of [K75]. "Aggregate information" is information that describes the habits, usage patterns and/or demographics of all or a subset of our customers as a group but does not indicate the identity of any particular customer. See our Privacy Policy for complete information on [K75]' policies regarding personal information.Ownership of site content
[K75] and/or its suppliers wholly own all articles, illustrations, programs, Services, processes, designs, software, technologies, trademarks, trade names, inventions, and materials comprising [K75].Acceptable use
- If an individual customer certifies that he or she is at least 18 years of age.Prohibited activities include, but are not limited to, the following:
- transmitting Unsolicited Commercial Email (UCE)Termination of Service
[K75] may suspend or terminate your account or access rights to Services at any time, without notice, for conduct that [K75] reasonably believes violates this TOS or any other applicable policies or guidelines that [K75] has posted on the [K75] Web site. In addition to restricting or terminating Customer's access to the Service, [K75] may remove any materials that we have reasonable grounds to believe are in violation of the copyright laws of the United States or may be otherwise illegal, may subject us to liability or that violate this TOS. [K75] may also cooperate with legal authorities and/or third parties in the investigation of any suspected criminal activity.Indemnification
Customer agrees to hold [K75] harmless from any claims, whether brought by Customer or by a third party, and expenses, including reasonable attorney's fees and court costs, related to or arising from Customer's breach or violation of any of the terms of this TOS, or from any information, software or content placed by Customer on a server accessible through a Service.Choice of law
This TOS shall be construed and controlled by the laws of the Czech Republic. Any dispute arising from Customer's use of the Service or a breach of this TOS will be governed by the laws of Czech Republic without regard to the conflicts of laws provisions thereof, and shall be brought in a state or federal court in Czech Republic. Customer agrees to submit to the personal jurisdiction of any of those courts.Entire agreement
This TOS constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between [K75] representatives and Customer. [K75] may amend or modify this TOS or impose new conditions at any time upon written notice from [K75] to Customer, either by email or by publication on the [K75] Web site. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions.No resale of this service
Customer's right to use the Service is personal to Customer. Customer agrees not to resell the Service without the express written consent of [K75], and all resellers and resales shall be subject the Additional TermsDisclaimer of responsibility for third party content
[K75] assumes no responsibility for the content of any material located on third party servers outside its control, including all servers accessed through the Service. [K75] has no control over Web sites or other material hosted on such external servers. [K75] retains the right, in its sole discretion, to terminate Services pursuant to Section 7 above if a Customer's conduct in hosting such content violates the TOS.Limitation of liability and warranty
CUSTOMER AGREES THAT USE OF THE SERVICES IS ENTIRELY AT CUSTOMER'S OWN RISK. [K75]'S SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE [K75] SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. [K75] SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE SERVICES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.Fees, payment and term of service
As consideration for the Services you have selected, you agree to pay [K75] the applicable Service(s) fees set forth on our Web site at the time of your selection. All fees are due immediately and are non-refundable. [K75] may take all remedies available to collect fees owed. Unless otherwise specified, each [K75] Service is for a one-year term. Any renewal of your Services with us is subject to our then current terms and conditions and payment of all applicable Service fees at the time of renewal.Ability to resell
You may not resell any Services to any individual or entity for use or further resale without the written permission of [K75]. Each individual or entity to which you resell Services is referred to as a "Resold Customer." The Additional Terms Applicable to Resale of Services shall apply to all resales of Services, whether or not approved in writing by [K75]. In these additional terms, you may also be referred to as "Reseller."Reseller warrantees
Reseller represents and warrants thatOur relationship
[K75] and Reseller are independent contractors. Nothing in this TOS or in the course of its performance will create any other relationship, including but not limited to those of principal and agent, employer and employee, partners or joint venturers. Neither party will represent to any third party that it is the partner, agent or employee of the other.Additional indemnification by reseller
In addition to the indemnification provided for in Sections above, you agree to indemnify and hold [K75] harmless from any claims and expenses ( including reasonable attorney's fees and court costs), whether brought by you, a Resold Customer or any other third party, related to or arising from your resale of any Services (including any dispute under Section 19 below), your breach of any of the terms of this TOS or any agreement between you and such third party, any data security breach or privacy violation, or the ownership or control of any software, content or data placed or maintained by a Resold Customer or any authorized enduser of a Resold Customer on a server accessible through a Service.Customer Service
The customer Service offered by [K75] is provided only to you and your employees, and [K75] has no obligation to, and will not, make it available to Resold CustomersHome | Terms of Service | Privacy Policy |