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Hostfish Website Terms of Use

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the Hostfish web site located at www.hostfish.com, and all associated sites linked to www.hostfish.com by Hostfish, its subsidiaries and affiliates, including Hostfish sites around the world (collectively, the "Site"). The Site is the property of Designfox, Inc. ("Hostfish") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Hostfish reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Hostfish grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Hostfish, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Hostfish’s express prior written consent.

You may use information on Hostfish products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Hostfish for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

You are permitted to use a link to our Site from your website. You may use one photo from any of my post only, with a mandatory do-follow link back to the page on our Site where it originated. We do not allow re-posting an entire post., using photos without linking back orpresenting any of our content as your own. Any distribution of content for Hostfish beyond what is described herein constitutes copyright infringement.

Before using any content from this Website in any other form, please contact me for permission at chris@hostfish.com. All work is copyright of Hostfish.

Your Use of the Site

Hostfish grants you a limited, revocable, nonexclusive license to use this site and our proprietary content solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Hostfish and Hostfish may terminate your use of this website at any time.

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Hostfish reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Hostfish server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Hostfish, including any Hostfish account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Hostfish’s systems or networks, or any systems or networks connected to the Site or to Hostfish.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Hostfish on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Hostfish or others.

Takedown Requests

From time to time, the Websites will publish posts with images from other third-party websites. We always seek permission to use these images. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Websites in a way that constitutes copyright infringement and falls outside of fair use, please send a request to chris@hostfish.com and we will remove the image within 24 to 48 hours.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Hostfish’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Hostfish may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Hostfish makes no commitment to update the materials on the Site with respect to such products and services.

Return and Refund Policy

As with any shopping experience, there are terms and conditions that apply to transactions at www.hostfish.com. By placing an order or making a purchase at an Hostfish Store, you agree to the terms set forth below along with our Privacy Policy and Terms of Use.

All sales are final. No products and services are eligible for return or refund.

Should Hostfish reduce its price on any Hostfish-branded product after youreceive your service or product, you will not receive a refund or credit of the difference between the price you were charged and the current selling price.

Prices shown are in U.S. dollars. If you are paying for your order with an international Visa, MasterCard, or American Express credit card, please note that the purchase price may fluctuate with exchange rates. In addition, your bank or credit card issuer may also charge you foreign conversion charges and fees, which may also increase the overall cost of your purchase. Please contact your bank or credit card issuer regarding these fees.
Order Acceptance/Confirmation

Hostfish may, in its sole discretion, refuse or cancel any order and limit order quantity. Hostfish may also require additional qualifying information prior to accepting or processing any order. Once we receive yourorder, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify Hostfish’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. The Hostfish Store reserves the right at any time after receiving your order to accept or decline your order for any reason. If Hostfish cancels an order after you have already been billed, Hostfish will refund the billed amount.

Shipping & Delivery

Shipping is done by the shipping method you selected during your order. Since the actual delivery of your order can be impacted by many events beyond Hostfish’s control once it leaves our facilities, Hostfish cannot be held liable for late deliveries. We will, however, work with you to ensure a smooth delivery.

As Hostfish takes care of the dispatch of the products you purchase on the Hostfish Store, the risk of loss of, or damage to, product(s) shall pass to you when you, or a person designated by you, acquires physical possession of the product(s). Title in the product(s) shall pass to you when the product(s) is picked up by the carrier from our warehouse. At this point, you will receive the Shipment Notification Email. If there are any issues with delivery, please contact Hostfish to resolve.

Consumers Only

The Hostfish Store sells and ships products to end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.

U.S. Shipping Only

Products purchased online from Hostfish will only be shipped to addresses within the U.S. and are subject to U.S. and foreign export control laws and regulations. Products must be purchased, sold, exported, re-exported, transferred, and used in compliance with these export laws and regulations. To purchase Hostfish products online from outside of the U.S., please click here for international store information.

Product Availability and Limitations

Given the popularity and/or supply constraints of some of our products, Hostfish may have to limit the number of products available for purchase. Trust us, we’re building them as fast as we can. Hostfish reserves the right to change quantities available for purchase at any time, even after you place an order. Furthermore, there may be occasions when Hostfish confirms your order but subsequently learns that it cannot supply the ordered product. In the event we cannot supply a product you ordered, Hostfish will cancel the order and refund your purchase price in full.

Guidelines for Using Hostfish Trademarks & Copyrights

These guidelines are for Hostfish licensees, authorized resellers, developers, customers, and other parties wishing to use Hostfish’s trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of the Hostfish Logo for commercial purposes without the prior written consent of Hostfish may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of Hostfish trademarks may be prohibited, unless expressly authorized.

If you are a licensee of an Hostfish trademark or logo and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines. If you are an Hostfish Authorized Reseller or member of an Hostfish program, you may be subject to additional restrictions.

Hostfish’s trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using an Hostfish trademark, in whole or in part, you are acknowledging that Hostfish is the sole owner of the trademark and promising that you will not interfere with Hostfish’s rights in the trademark, including challenging Hostfish’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Hostfish trademark. The goodwill derived from using any part of an Hostfish trademark exclusively inures to the benefit of and belongs to Hostfish. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please talk to your Hostfish representative or submit your query to Hostfish’s Trademark Department.

Authorized Use of Hostfish Trademarks

1. Advertising, Promotional, and Sales Materials: Only Hostfish and its authorized resellers and licensees may use the Hostfish Logo in advertising, promotional, and sales materials. Such authorized parties may use the Hostfish Logo only as specified in their agreement with Hostfish and any associated Guidelines and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with Hostfish. For example:

  • Authorized Reseller
  • Authorized Value Added Reseller
  • Authorized Service Provider
  • Authorized Wholesaler

2. Compatibility: Developers may use Hostfish or any other Hostfish word mark (but not the Hostfish Logo or other Hostfish-owned graphic symbol/logo) in a referential phrase on packaging or promotional/advertising materials to describe that the third party product is compatible with the referenced Hostfish product or technology, provided they comply with the following requirements.

  1. The Hostfish word mark is not part of the product name.
  2. The Hostfish word mark is used in a referential phrase such as “runs on,” “for use with,” “for,” or “compatible with.”
  3. The Hostfish word mark appears less prominent than the product name.
  4. The product is in fact compatible with, or otherwise works with, the referenced Hostfish product.
  5. The reference to Hostfish does not create a sense of endorsement, sponsorship, or false association with Hostfish or Hostfish products or services.
  6. The use does not show Hostfish or its products in a false or derogatory light.

3. Publications, Seminars, and Conferences: You may use an Hostfish word mark in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:

  1. The use is referential and less prominent than the rest of the title. Acceptable: XYZ CONFERENCE for Hostfish Users.
  2. The use reflects favorably on both Hostfish and Hostfish products or technology.
  3. Your name and logo appear more prominent than the Hostfish word mark on all printed materials related to the publication, seminar or conference.
  4. The Hostfish logo or any other Hostfish-owned graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from Hostfish.
  5. A disclaimer of sponsorship, affiliation, or endorsement by Hostfish, similar to the following, is included on the publication and on all related printed materials: “(Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by Hostfish.”
  6. A trademark attribution notice is included in the credit section giving notice of Hostfish’s ownership of its trademark(s). Please refer to the section below titled “Proper Trademark Notice and Attribution.”

4. Web Sites: Web sites that serve only as noncommercial electronic informational forums concerning an Hostfish product or technology may use the appropriate Hostfish word mark, provided such use complies with the guidelines set forth in Section 3 above.

Unauthorized Use of Hostfish Trademarks

  1. Company, Product, or Service Name: You may not use or register, in whole or in part, Hostfish,  or any other Hostfish trademark, including Hostfish-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.
  2. Hostfish Logo and Hostfish-owned Graphic Symbols: You may not use the Hostfish Logo or any other Hostfish-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from Hostfish, such as a reseller agreement.
  3. Variations, Takeoffs or Abbreviations: You may not use an image of a real Hostfish or other variation of the Hostfish logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of an Hostfish trademark for any purpose.
  4. Disparaging Manner: You may not use an Hostfish trademark or any other Hostfish-owned graphic symbol, logo, or icon in a disparaging manner.
  5. Endorsement or Sponsorship: You may not use Hostfish, Macintosh, iMac, or any other Hostfish trademark, including Hostfish-owned graphic symbols/logos, or icons, in a manner that would imply Hostfish’s affiliation with or endorsement, sponsorship, or support of a third party product or service.
  6. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing Hostfish, Macintosh, iMac or any other Hostfish trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from Hostfish.
  7. Hostfish’s Trade Dress: You may not imitate the distinctive Hostfish packaging, web site design, logos, or typefaces.
  8. Slogans and Taglines: You may not use or imitate an Hostfish slogan or tagline.
  9. Domain Names: You may not use an identical or virtually identical Hostfish trademark as a second level domain name.

Rules for Proper Use of Hostfish Trademarks

  1. Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service.
  2. As adjectives, trademarks may not be used in the plural or possessive form.
  3. An appropriate generic term must appear after the trademark the first time it appears in a printed piece, and as often as is reasonable after that. For a list of suggested generic terms see the Hostfish Trademark List.
  4. Always spell and capitalize Hostfish’s trademarks exactly as they are shown in the Hostfish Trademark List. Do not shorten or abbreviate Hostfish product names. Do not make up names that contain Hostfish trademarks.

Proper Trademark Notice and Attribution

  1. Distribution Within the United States Only
    1. On product, product documentation, or other product communications that will be distributed only in the United States, use the appropriate trademark symbol (TM, SM, ®) the first time the Hostfish trademark appears in the text of the advertisement, brochure, or other material.
    2. Refer to the Hostfish Trademark List for the correct trademark symbol, spelling of the trademark, and generic term to use with the trademark. Generally, the symbol appears at the right shoulder of the trademark (except the Hostfish Logo, where the logo appears at the right foot).
    3. Include an attribution of Hostfish’s ownership of its trademarks within the credit notice section of your product, product documentation, or other product communication. Following are the correct formats: _________ and _______ are registered trademarks of Hostfish, and _________ and _______ are trademarks of Hostfish.
  2. Distribution Outside the United States:
    1. Do not use trademark symbols on products, product documentation, or other product communications that will be distributed outside the United States.
    2. Use one of the following international credit notices: _________ is a trademark of Hostfish, registered in the U.S. and other countries., and _________ is a trademark of Hostfish.

Depictions of Hostfish Products

  1. Endorsement or Sponsorship: Hostfish does not support the use of its logos, company names, product names, or images of Hostfish products by other parties in marketing, promotional or advertising materials as their use may create the perception that Hostfish endorses or sponsors the product, service or promotion.
  2. Compatibility: If you are a developer, you may show an image of an Hostfish product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the Hostfish product or technology, provided you comply with the following requirements:
    1. Your product is in fact compatible with, or otherwise works with, the referenced Hostfish product.
    2. The image is an actual photograph of the genuine Hostfish product and not an artist’s rendering (Note: You must obtain express written permission from Hostfish before using any photograph owned or licensed by Hostfish).
    3. The Hostfish product is shown only in the best light, in a manner or context that reflects favorably on the Hostfish products and on Hostfish
    4. The reference to Hostfish does not create a sense of endorsement or sponsorship by, or other false association with, Hostfish or Hostfish products.

For further information with respect to Hostfish’s copyrights, please submit your request in writing to chris@hostfish.com.

Claims of Copyright Infringement

Procedure for Making Claims of Copyright Infringement

Hostfish is registered with the United States Copyright Office as a Service Provider (refer to the Digital Millennium Copyright Act 17 USC 512). If you believe that your work has been copied in a way that constitutes infringement on Hostfish’s Web site, please provide the information below.

To file a copyright infringement notification with us, you will need to send a written communication that includes the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  7. To expedite our ability to process your request, such written notice should be sent to our designated agent via our online copyright complaint form below.
  8. Hostfish has adopted a policy to terminate in appropriate circumstances the accounts of users that are found to be repeat infringers. As part of implementing such policy, Hostfish may in its sole discretion suspend the accounts of users who have been identified as engaging in infringing activities or for other related reasons.

Hostfish’ Unsolicited Idea Submission Policy

Hostfish and its employees and contractors do not accept, review or consider any unsolicited ideas, works, materials, proposals, suggestions, artwork, content or the like, including for advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials (all of the foregoing “submissions”). Please do not send or provide any submissions in any form to Hostfish or any of its employees or contractors.

The purpose of this policy is to avoid potential misunderstandings or disputes when Hostfish’s products, services, technologies, advertising, promotions, marketing strategies or content might seem similar to submissions provided to Hostfish. If, despite our request that you not send us your submissions, you still submit them, then regardless of what your correspondence says, the following terms will apply to your submissions.

Terms of Idea Submission

You agree that: (1) your submissions and their contents along with related intellectual property rights will automatically become the property of Hostfish, without any compensation to you; (2) Hostfish may use or redistribute the submissions and their contents for any purpose and in any way on an unrestricted basis; (3) there is no obligation for Hostfish to review the submissions; and (4) there is no obligation to keep any submissions confidential.

Product Feedback

Hostfish does, however, welcome your feedback regarding many areas of Hostfish’s existing business. If you want to send us feedback, we request that you email us at chris@hostfish.com, where you can choose from the many listed areas for your feedback. Please provide only specific feedback on Hostfish’s existing products, services and marketing strategies using those forms; and do not send or provide any submissions other than using those forms.
Feedback and Information

Any feedback you provide at this site will be deemed to be non-confidential and not proprietary. Hostfish will be free to use and redistribute such information on an unrestricted basis, without any compensation to you.

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an Hostfish ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Hostfish immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Hostfish or any other user of or visitor to the Site due to someone else using your Hostfish ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Hostfish ID, password or account at any time without the express permission and consent of the holder of that Hostfish ID, password or account. Hostfish cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Hostfish’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Hostfish’s Privacy Policy, click <a href="/node/6">here</a>. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Hostfish Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Hostfish’s control, and Hostfish is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

Hostfish DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Hostfish CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Hostfish DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Hostfish DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Hostfish SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Hostfish FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Hostfish reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Hostfish be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Hostfish has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Hostfish is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Hostfish’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Hostfish (but not including the purchase price for any Hostfish hardware or software products or any HostfishCare or similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Hostfish, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Hostfish by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use

Hostfish may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Hostfish’s rights or property, or the rights or property of visitors to or users of the Site, including Hostfish’s customers. Hostfish reserves the right at all times to disclose any information that Hostfish deems necessary to comply with any applicable law, regulation, legal process or governmental request. Hostfish also may disclose your information when Hostfish determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Hostfish may preserve any transmittal or communication by you with Hostfish through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Hostfish determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Hostfish, its employees, users of or visitors to the Site, and the public.

You agree that Hostfish may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Hostfish, for which monetary damages would be inadequate, and you consent to Hostfish obtaining any injunctive or equitable relief that Hostfish deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Hostfish may have at law or in equity.

You agree that Hostfish may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Hostfish does take any legal action against you as a result of your violation of these Terms of Use, Hostfish will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Hostfish. You agree that Hostfish will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of NEw York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Suffolk County, New York, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Hostfish and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Hostfish administers and operates the www.hostfish.com Site from its location in Huntington, New York USA; other Hostfish sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Hostfish reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Hostfish with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Hostfish with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Hostfish, Hostfish will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Hostfish’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Hostfish of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Hostfish and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Hostfish provides access to Hostfish international data and, therefore, may contain references or cross references to Hostfish products, programs and services that are not announced in your country. Such reference does not imply that Hostfish in your country intends to announce such products, programs or services.
Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Hostfish shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

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Hostfish, 185 New York Avenue, Huntington, NY 11743, USA.

Updated on August 27, 2020