Access to and use of the Hostway Services, Inc. (“Hostway”) website at http://www.hostway.com (the “Website”) is provided subject to the following terms and conditions. You, the Website user (including, without limitation, any individual visiting or exploring the Website) (individually and together, “User”), hereby agree to waive any and all rights or claims against Hostway.
USE OF THE WEBSITE CONSTITUTES USER’S ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS:
1. Use of Materials. All materials, including, without limitation, information, artwork, images, pictures, text, video, audio, programs, and media files (the “Materials”) contained on the Website are protected by copyright laws. User may access and use the Materials for personal and non-commercial purposes only. Any modification or use of the Materials for any other purpose without Hostway’s express prior written consent is strictly prohibited. Except as expressly provided herein, any reproduction, republishing, posting, transmission, or distribution of any Material on the Website is strictly prohibited.
2. Trademark & Copyright Prohibition. User must not, without Hostway’s express written consent, use any Hostway trademark, service mark, or copyrighted material.
3. Copyright & Trademark Notices. This Website (including all content) is copyright© Hostway (including, without limitation, Hostway’s parent companies and subsidiaries) and/or its licensors, 1997-2010, all rights reserved. All trademarks and logos contained in any and all materials and information are the property of their respective owners. Use of such trademarks and logos are strictly prohibited without the prior permission for use from the rightful owners.
4. Printing of Materials. Hostway authorizes the printing of Materials found on the Website for personal or educational purposes only, provided that any and all copyright notices originally included with the Materials is included in any and all copies.
5. Downloading Software. Any computer software downloadable or otherwise available from the Website is licensed subject to the terms of the applicable license agreement. The downloading of software is at the downloader’s own risk. Hostway will not be responsible for any damage to downloader’s system, business loss, consequential, direct, or indirect damages, or damages in general, which has occurred as a result of such downloaded software.
6. Change of Materials. The Materials included on the Website have been compiled by Hostway from a variety of sources, and are subject to change without notice.
7. Linked Sites. Any site linked from the Website is not under Hostway’s control, and Hostway does not assume any responsibility or liability for any communication, software, or material available at such linked sites. Links on the Website are not referrals or endorsements of the linked entities, and such links are provided for convenience and/or information purposes only. Hostway disclaims any and all liabilities for any representations or warranties made by the individuals and/or entities of such linked sites.
8. Non-Hostway Products. CUSTOMER ACKNOWLEDGES THAT ANY MENTION OF NON-HOSTWAY PRODUCTS OR SERVICES BY HOSTWAY, ANY THIRD PARTY ENTITY RELATED TO HOSTWAY (INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS), OR HOSTWAY’S EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS, PARENT COMPANIES, AND/OR SUBSIDIARIES, IS FOR INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY HOSTWAY OR THE INDIVIDUALS AND ENTITIES LISTED IN THIS SECTION. HOSTWAY DISCLAIMS ANY AND ALL LIABILITIES FOR ANY REPRESENTATION OR WARRANTY MADE BY THE VENDORS OF SUCH NON-HOSTWAY PRODUCTS AND/OR HOSTWAY SERVICES.
9. Disclaimer. THE SERVICES, INFORMATION, AND DATA (COLLECTIVELY THE “INFORMATION”) MADE AVAILABLE ON THE WEBSITE ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND. HOSTWAY EXPRESSLY DISCLAIMS ANY REPRESENTATION AND WARRANTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOSTWAY WILL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO THE WEBSITE USER’S COMPUTER, ANY HARDWARE, DATA, INFORMATION, MATERIALS, AND BUSINESS RESULTING FROM THE INFORMATION, OR THE LACK OF INFORMATION, AVAILABLE ON THE WEBSITE. HOSTWAY WILL HAVE NO LIABILITY FOR:
1. ANY AND ALL LOSSES OR INJURIES CAUSED, IN WHOLE OR IN PART, BY HOSTWAY’S ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND HOSTWAY’S CONTROL IN PROCURING, COMPILING, OR DELIVERING THE INFORMATION;
2. ANY AND ALL ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE INFORMATION; OR
3. ANY DECISION MADE, OR ACTION TAKEN OR NOT TAKEN, IN RELIANCE UPON THE INFORMATION FURNISHED ON THE Website.HOSTWAY MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE INFORMATION ON THE WEBSITE, OR THAT THE INFORMATION IS RELIABLE FOR ANY REASON. HOSTWAY MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED. FOR THE PURPOSES OF THIS SECTION, “HOSTWAY” INCLUDES, WITHOUT LIMITATION, HOSTWAY’S DIVISIONS, SUBSIDIARIES, SUCCESSORS, PARENT COMPANIES, AND THEIR (INCLUDING HOSTWAY’S) EXECUTIVES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE.
10. Indemnification. User agrees to protect, defend, hold harmless, and indemnify Hostway, any third party entity related to Hostway (including, without limitation, third party vendors), and Hostway’s executives, directors, officers, managers, employees, consultants, agents, parent companies, and subsidiaries from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses arising out of or resulting from User’s use of the Website (including User’s use of any Materials or other content).