Hot Web Holdings Ltd - User Agreement:
Effective Date: 11/01/2005
Posting Date: 11/01/2005
This User Agreement by Hot Web Holdings Ltd applies generally to our affiliates,
subsidiaries, or joint venture web sites except where those web sites post
specific privacy policies.
FOLLOWING ARE THE TERMS ON WHICH HOT WEB HOLDINGS LTD OFFERS YOU ACCESS TO OUR
WEB SITES AND SERVICES.
This is the user agreement (the "Agreement" or "User Agreement") for your use of
web sites owned or operated by, and services offered by, Hot Web Holdings Ltd ("HWH"),
a Delaware, USA corporation. This Agreement contains the terms and conditions
applicable to your use of our services ("Service" or "Services") available under
or through the domain, sub-domains, and affiliated domains of
Hot Web Holdings Ltd and/or www.hotwebholdings.com (collectively, the "Site") and the general principles for
the web sites of our international affiliates. IF YOU ("YOU" OR "USER") DO NOT
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR
ACCESS OUR SITE OR SERVICES.
You must read, agree with and accept all of the terms and conditions contained
in this User Agreement and the Privacy Policy, which include those terms and
conditions expressly set out below and those incorporated by reference, before
you may use the Site or the Services or become a registered user of the Site.
This Agreement is effective upon the earlier of: (i) your first use of the Site
for any reason; (ii) acceptance of this Agreement by new registering users; or
(iii) the Effective Date noted on the posted version of the Agreement.
1. Eligible Users
Use of the Site and Services is restricted to persons: (a) at least 18 years
old, and (b) who reside, or have a business address, in the United States or
Canada. If you are registering as a business entity, you represent that you have
the authority to bind the entity to this Agreement. If you are not yet 18, do
not have the capacity to enter into contracts, if you are easily offended, or
are accessing this Site from any country where material on this Site is
prohibited or illegal, you do not have permission to access the Site or the
Services. If a parent or guardian wishes to permit a person under 18, and under
his or her supervision, to use this Site, the parent or guardian should email
Hot Web Holdings Ltd at security@hotwebholdings.com to make arrangements,
although no such access can be guaranteed.
Accessing Hot Web Holdings Ltd's services, products or contents available on our
Site, except as expressly allowed through instructions and truthful statements
by the user in regard to use of this Site, from places outside the United States
or Canada or where their contents are illegal, is prohibited. Those who choose
to access our Site from other locations do so knowingly on their own initiative
and voluntarily at their own risk and are responsible for compliance with local
laws.
None of the information on this Site may be downloaded, exported or re-exported
into Iran, Iraq, Syria, Libya, Sudan, Cuba, North Korea, Yugoslav Republic
(Serbia and Montenegro), Rwanda, Nigeria or any other country with restrictions
imposed by the U.S. Government. By using this Site, you represent and warrant
that you are not a citizen of or a resident in any of these countries, and that
your use of the site is lawful in your location and your country of residence.
2. Modification of This Agreement
We may amend this Agreement at any time by posting the amended terms on the
Site. Except as stated below, all amended terms shall automatically be effective
at 12:01 am on the Effective Date, which in most cases will be no less than 30
days after the amended terms are initially posted on the Site. The posting date
and effective date for this Agreement are noted at the top of this document.
Except as provided in this Section 2, this Agreement may not be amended or
modified except
in a writing signed by you and Hot Web Holdings Ltd.
3. Acceptable Use
If you violate the Acceptable Use terms described herein, Hot Web Holdings Ltd
may, in its sole discretion, with or without notice, terminate your access to
the Site and Services.
Your right to use the Site is personal to you. As a condition of your use of the
Site, you warrant to Hot Web Holdings Ltd that you will not use the Site for any
purpose that is unlawful, or prohibited by this Agreement. Prohibited uses
include, but are not limited to, competitive analysis (including providing
screen shots, which are copyrighted material owned by Hot Web Holdings Ltd) and
data mining or scraping through the use of robots, spiders, or otherwise.
In addition, you hereby represent and warrant that: (a) you are an eligible user
(see Section 1, Eligible Users); (b) you have provided accurate and complete
information in connection with your registration and use of the Site (all such
information collectively referred to as "Your Information"), and (c) you will
update Hot Web Holdings Ltd to insure that Your Information remains accurate and
complete.
In addition, you may not use the Site or the Services provided through or in
connection with the Site to: (a) defame, abuse, harass, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of others;
(b) conduct or forward illegal contests, pyramid schemes, or chain letters; (c)
publish, post, distribute, disseminate or link to any: (i) inappropriate,
profane, defamatory, infringing, obscene, adult content, nude, indecent or
unlawful topic, name, material or information; (ii) software or other material
protected by intellectual property laws, copyright licenses, rights of privacy
or publicity, or other proprietary rights, unless you own, control such rights
or have received all necessary consents for your use of such software and other
materials; (iii) software or other material that contains viruses, corrupted
files, or that may or are intended to damage the operation of another's computer
(e.g., "cracks" or other programs written to defeat the security measures of any
computer, system or programs); (d) sell, distribute, disseminate or link to any
sites for marketing, sales or distribution of: firearms, explosives, ammunition,
liquor, tobacco products, food that is not packaged or does not comply with all
applicable laws for sale to consumers by commercial merchants, pharmaceuticals
and controlled substances, counterfeit, pirated or stolen goods, fraudulent
goods, any goods or services that infringe or otherwise violate a third party's
rights, registered or unregistered securities, goods or services that: (i) you
cannot legally sell, (ii) are misrepresented, and/or (iii) if sold, would cause
Hot Web Holdings Ltd to violate any law, statute or regulation; (e) harvest or otherwise collect
information about third parties, including email addresses, without the express
consent of such third parties; (f) restrict or inhibit any other user from using
and enjoying its rights in the Services or the Site, interfering with or
disrupting the Services or the Site service or servers or network connected to
the Site; (g) use a name in connection with your use of the Site that is
confusing or misleading to registered users or to the public; (h) email or
otherwise transmit, distribute, publish or disseminate any "junk email," "Spam,"
"chain letters," "pyramid schemes," or any other form of duplicative or
inappropriate solicitations or messages (commercial or otherwise); or (i)
violate any applicable government laws or regulations. Hot Web Holdings Ltd does
not condone or allow Spam. Hot Web Holdings Ltd will cooperate with legal
authorities and Internet service providers in releasing information about users
who violate this Acceptable Use Policy.
You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products, services or benefits obtained from the Site,
except as expressly provided herein. At all times, you remain solely responsible
for Your Information.
You agree not to share any information provided to you by or on behalf of Hot
Web Holdings Ltd with any third party except as expressly permitted herein. If
you sell or otherwise distribute goods or services that compete with or may
otherwise serve as a substitute for products or services sold or otherwise
distributed by Hot Web Holdings Ltd via the Site or offered by the Site, you may
not: (a) use or acquire, or have any other person use or acquire on your behalf,
the products or
services of the Services or the Site for which you offer competing or substitute
products or services; or (b) advertise, promote, market or solicit offers to
acquire such competing or substitute products in connection with your use of the
Services or the Site.
Hot Web Holdings Ltd is not obligated to monitor the content on the Site.
However, with respect to the use of the Services or the Site, Hot Web Holdings
Ltd reserves the right to disclose any information, communication, or materials
as necessary to satisfy any applicable law, regulation, legal process or
government request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, from the Site, in Hot Web Holdings Ltd's sole
discretion, without notice at any time.
Hot Web Holdings Ltd may elect to discontinue offering the Site or the Services,
or any portion thereof, at any time for any reason, with or without advance
notice.
You are responsible for safeguarding the confidentiality of your password(s) and
login name(s) issued to you by Hot Web Holdings Ltd, and for any use or misuse
of your account or the Services or the Site resulting from any third party using
a password or login name issued to you.
You agree that you will notify Hot Web Holdings Ltd immediately of any known or
suspected unauthorized use, breach of security, or violation of this Agreement,
on or relating to the Site.
4. Fees
Except as otherwise noted, joining and registering for Hot Web Holdings Ltd's
Services is free. We do charge fees for a number of our services and you are
given an opportunity to review and accept the fees that will be charged in
connection with certain Services. You are responsible for all applicable taxes
(except for Hot Web Holdings Ltd's income taxes), costs, hardware, software,
services and all other costs and expenses related to the Services or your
activity conducted through
the Site. Hot Web Holdings Ltd may, in its sole discretion, add, delete or
change any of the Services provided or fees charged by Hot Web Holdings Ltd. Hot
Web Holdings Ltd's standard fees and any changes will be posted to our Price
List, and the applicable Services and fees will be binding on the effective date
noted on the Price List. No advance notice is required for any
prospectively-effective change in Services offered or fees charged therefor.
Unless otherwise stated, all fees and currency amounts are quoted in U.S.
Dollars.
5. Privacy Policy
We do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent. Please read this privacy
policy to learn more about the ways in which we use and protect your personal
information.
5.1. Overview
The privacy practices of this statement apply to our Services available through
the Site and apply generally to our affiliates, subsidiaries, or joint venture
web sites except where those web sites post specific privacy policies.
This Privacy Policy is part of the Hot Web Holdings Ltd standard User Agreement
and describes the information, as part of the normal operation of our services,
we collect from you and what may happen to that information.
By accepting the User Agreement in registration or by using the Site, you
expressly consent to our use and disclosure of Your Information in accordance
with this Privacy Policy.
5.2. Information from Children
If you are under the age of 18, you may only use this Site in conjunction with
and under the supervision of your parents or guardians, and with express
permission from Hot Web Holdings Ltd. Except as provided in Section 1 (Eligible
Users), we do not want any information from anyone under the age of 18.
5.3. Information We Collect
We only collect personal information about you that we consider necessary for
providing the Services in an efficient, customized, and user-friendly manner.
5.4. Our Use of Your Information
In general, you can browse a large portion of the Site without telling us who
you are or revealing any personal information about yourself. Once you give us
Your Information, you are not anonymous to us. If you choose to use our
Services, we may require you to provide contact and identity information,
billing information, and other personal information as indicated on the forms
throughout the Site. You always have the option not to provide information by
choosing not to use a particular service or feature.
Under some circumstances we may require some additional financial information,
including, without limitation, your billing address, bank account information, a
credit card number and expiration date, and tracking information from checks or
money orders.
We may automatically collect certain information based upon your behavior on the
Site. We use this information to do internal research on our users'
demographics, interests, and behavior to serve our users better. This
information may include the URL that you come from or go to (whether this URL is
on the Site or not), your computer browser information, and your IP address.
We use data collection devices such as "cookies" on certain pages of the Site to
help analyze our web page flow, measure promotional effectiveness, and promote
trust and safety. "Cookies" are small files placed on your hard drive that
assist us in providing our services. We may offer certain features that are only
available through the use of a "cookie." We also use cookies to allow you to
enter your password less frequently during a session. Cookies can also help us
provide information targeted to your interests. Most cookies are "session
cookies," meaning that they are automatically deleted from your hard drive at
the end of a session. You are always free to decline our cookies if your browser
permits, although in that case you may not be able to use certain features on
the Site and you may be required to re-enter your password or provide other
information more frequently during a session.
You may encounter "cookies" or other similar devices on certain pages of the
Site that are placed by third parties. We do not control the use of cookies by
third parties.
If you choose to bid, buy or sell through the Site, we may collect information
about your bidding, buying and selling behavior and transactions.
If you send us personal correspondence, such as emails or letters, or if other
users or third parties send us correspondence about your activities on the Site,
we may collect such information into a file specific to you.
We use Your Information and other information we obtain from your current and
past activities on the Site to resolve disputes, troubleshoot problems, collect
fees owed, pay amounts due you, verify your account data, measure user interest
in our products and services, inform you about online and offline offers,
products, services, and updates, customize your experience, detect and protect
us against error, fraud and other criminal activity, and enforce our User
Agreement. At times,
we may look across multiple users to identify problems or resolve disputes, and
we may examine Your Information to identify users using multiple Login Names. We
may compare and review Your Information for errors, omissions and for accuracy.
You agree that we may use Your Information to contact you and deliver
information to you that, in some cases, is targeted to your perceived interests,
such as targeted banner advertisements, administrative notices, product
offerings, and communications relevant to your use of the Site. By accepting
this Agreement, you expressly agree to receive this information.
5.5. Our Disclosure of Your Information
We do not sell or rent any of your personal information to third parties for
their marketing purposes without your explicit consent. However, the following
describes some of the ways that your personal information may be disclosed in
the normal course of business as part of our Services.
Advertisers. We aggregate (gather up data across numerous registered user
accounts) personal information and disclose such information in a non-personally
identifiable manner to advertisers and other third parties for their marketing
and promotional purposes. For such purposes, we do not disclose any information
that could be used to identify you personally.
Site. Although our pages may be coded with robot exclusion headers, others may
illegally attempt to automatically collect your email address from the Site. If
you are involved in a transaction, we have features that may allow other users
to view your email address and obtain your contact and other information to help
complete the transaction. Further, we may send out notices to you or other users
regarding suspicious activity or policy violations on the Site.
Affiliates for Our Operations. We may use third parties ("affiliates") to
facilitate or outsource one or more aspects of the Services that we provide to
you (e.g., search technology, advertising provisions, and other services) and
therefore we may provide some of Your Information directly to these affiliates.
These affiliates are subject to confidentiality agreements with us and other
legal restrictions that prohibit their use of the information we provide them
for any other purpose except to facilitate the specific outsourced service,
unless you have explicitly agreed or given your prior permission to them for
additional uses. In some instances, the affiliate may collect information
directly from you. In these cases, you will be notified of the involvement of
the affiliate, and all additional information you provide them and their
additional uses will be up to you.
Other Persons and Business Entities. We share much of our data, including
personal information about you, with our affiliates, subsidiaries, and joint
ventures that are committed to serving your online needs and providing related
services throughout the world. To the extent that these entities have access to
Your Information, they will treat it at least as protectively as they treat
information they obtain from their other users. Our affiliates, subsidiaries,
and joint ventures follow privacy practices no less protective of all users than
our practices described in this document, to the extent allowed by applicable
law. Hot Web Holdings Ltd, its affiliates, subsidiaries, joint ventures, or any
combination of such, will share some or all of Your Information with another
business entity should we plan to merge with, or be acquired by, that business
entity. Should such a combination occur, we will require that the new combined
entity follow this privacy policy with respect to Your Information. If Your
Information will be used contrary to this policy, you will receive notice as
provided in Section 2 (Modification of this Agreement).
Legal Requests. Hot Web Holdings Ltd cooperates with law enforcement authorities, as well as
with other third parties, to enforce laws, intellectual property rights, and to
prevent fraud. In response to a verified request by law enforcement or other
government officials relating to a criminal investigation or alleged illegal
activity, we can, and you authorize us to, disclose your name, city, state,
telephone number, email address, Login Name history, fraud complaints, and Site
use history, with or without a subpoena. Without limiting the above, we will not
disclose your personal information to law enforcement or other government
officials without a subpoena, court order or substantially similar legal
procedure, except when we believe in good faith that the disclosure of
information is necessary to prevent imminent physical harm or financial loss or
to report suspected past, present, or future illegal activity. Further, we can,
and you authorize us to, disclose to a third party Your Information, including
your name, street address, city, state, zip code, country, phone number, email,
and company name, under a confidentiality agreement, as we in our sole
discretion believe necessary or appropriate in connection with an investigation
of fraud, intellectual property infringement, piracy, or other unlawful
activity.
Because of evolving technology and government regulations, Hot Web Holdings Ltd
cannot guarantee that all of your private communications and other personal
information will never be disclosed in contravention of this Privacy Policy.
Although we use industry standard practices and technology to protect your
privacy, we
cannot guarantee, and you should not expect, that your personal information or
communications with us or through the Site will always remain private.
5.6. Your Use of Other Users' Information
In order to facilitate interaction among Site users, our Site may allow you
limited access to other users' information. By entering into our User Agreement,
you agree that, with respect to other users' personal information that you
obtain through the Site or through an Hot Web Holdings Ltd-related communication
or Hot
Web Holdings Ltd-facilitated transaction, Hot Web Holdings Ltd hereby grants to
you a limited, non-transferable, revocable license to use such information only
for: (a) Hot Web Holdings Ltd-related communications that are not unsolicited
commercial messages, (b) using Services offered through Hot Web Holdings Ltd
(e.g.,
escrow services and fraud complaints), and (c) any other purpose that a user
expressly agrees to after you tell them the purpose you would like to use it
for. In
all cases, you must give users an opportunity to remove themselves from your
database, if any, and a chance to review what information you have collected
about
them. In addition, under no circumstances, except as defined in this Section
5.6, can you disclose personal information about another Site user to any third
party
without our consent and the consent of that user. You agree that other users may
use your personal information to communicate with you in accordance with this
Section 5.6.
5.7. Control of Your Login Name and Password
You are responsible for all actions taken with your Login Name and password,
including fees charged to your account and adherence to the Acceptable Use terms
(Section 3). If you lose control of your password, you may lose substantial
control over Your Information and may be subject to legally binding actions
taken on
your behalf. Therefore, if your password has been compromised for any reason,
you should immediately change your password as detailed in Section 5.8
(Accessing,
Reviewing and Changing Your Personal Information).
5.8. Accessing, Reviewing and Changing Your Personal Information
We offer you the ability to review and change the information you submit to us
by logging into the Site and entering in the new information yourself. Once
logged in as a registered user, you can change your Password, other personal,
contact, and financial information, and user preferences by going to the
applicable
pages. You must promptly update your personal information if it changes or is
inaccurate. Once posted, you may not be able to change or remove any bids or
postings
made on the Site.
Generally, we will not modify your personal information based on a request not
submitted through the Site because it can be difficult to authenticate your
identity manually.
Upon your request, we will deactivate your account, contact information, billing
information, shipping information, and financial information from our active
databases. To make this request, email security@hotwebholdings.com. Your account
will be deactivated as soon as reasonably possible after we receive your
request.
Upon receipt of a deactivation request, we will retain some of Your Information
in order to prevent fraud, collect fees owed, resolve disputes, troubleshoot
problems, assist with any investigations, enforce our User Agreement, and comply
with legal requirements. Therefore, you should not expect that all of Your
Information will be completely removed from our databases in response to your
requests. However, Your Information will be deactivated from our active,
registered
user database, and will only be available to select Hot Web Holdings Ltd
personnel.
5.9. Other Information Collectors
Except as otherwise expressly included in this Privacy Policy (Section 5), this
document only addresses the use and disclosure of information we collect from
you. To the extent that you disclose your information to other parties, whether
they are bidders, buyers or sellers on our site or other sites throughout the
Internet, different rules may apply to their use or disclosure of the
information you disclose to them. Hot Web Holdings Ltd does not control the
privacy policies
of third parties.
5.10. Security
Your Information is stored on Hot Web Holdings Ltd's servers located in the
United States and in European Union countries. We use procedural and technical
safeguards to protect Your Information against loss or theft as well as
unauthorized access and disclosure, including encryption, "firewalls" and Secure
Socket
Layers. We treat data as an asset that must be protected against loss and
unauthorized access. We employ many different security techniques to protect
such data
from unauthorized access by users inside and outside the company, but "perfect
security" does not exist on the Internet or with any data, digital or physical.
5.11. Notice, Modification
We may amend this Privacy Policy at any time as provided in Section 2
(Modification of This Agreement).
6. Deleted - not applicable to this agreement.
7. Liability Disclaimer and Indemnification
Hot Web Holdings Ltd is in no way responsible for the content of any web site
owned or operated by a third party that may be linked to or from the Site via
hyperlink, whether such hyperlink is provided by Hot Web Holdings Ltd or by a
third party. No judgment or warranty is made with respect to the accuracy,
timeliness
or suitability of the content of any web site to which the Site may link,
including information on the web site regarding the Hot Web Holdings Ltd Site.
By
providing access to other web Sites, neither Hot Web Holdings Ltd nor its
affiliates are recommending the purchase or sale of the stock issued by any
company, nor
are they endorsing products or services offered by any web site's sponsoring
organization.
YOU AGREE THAT USE OF HOT WEB HOLDINGS LTD'S SERVICES AND THE SITE IS AT YOUR
SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE"
BASIS. HOT WEB HOLDING LTD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOT WEB
HOLDINGS LTD MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS,
THAT
THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES HOT WEB
HOLDINGS LTD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF
THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR
DATA
DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY HOT WEB
HOLDINGS LTD IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH
INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY
OBTAIN
FROM HOT WEB HOLDINGS LTD OR THROUGH THE SERVICES PROVIDED BY HOT WEB HOLDINGS
LTD SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.
You agree that, regardless of any statute or law to the contrary, except as
prohibited by law, any claim or cause of action arising out of or related to
this
Agreement, the Site, or Hot Web Holdings Ltd's products or Services, must be
commenced within one (1) year after the cause of action arose; otherwise, such
cause
of action is permanently barred.
IN NO EVENT SHALL HOT WEB HOLDINGS LTD, ITS AFFILIATES, SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
HOT
WEB HOLDINGS LTD'S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN
ANY
CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID
TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B)
$100.
YOU AGREE TO INDEMNIFY AND HOLD HOT WEB HOLDINGS LTD AND (AS APPLICABLE) HOT WEB
HOLDINGS LTD'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS,
AND
EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS'
FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE
SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY
REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
8. Intellectual Property
All content, database information, data and services available on, and collected
as a whole through this Site are property of Hot Web Holdings Ltd, its
affiliates,
advertisers and its licensors and are protected by copyrights, trademarks,
service marks, patents, trade secrets, and other proprietary rights and laws, in
the
U.S. and internationally. All rights not expressly granted herein are fully
reserved by Hot Web Holdings Ltd, its affiliates, advertisers, and licensors.
Hot Web
Holdings Ltd's licensors' or other third party materials, services or products
referenced on this Site are common law or registered trade marks or service
marks of
such parties.
Solely to enable Hot Web Holdings Ltd to use Your Information, so that we are
not violating any rights you might have in such information, you agree to grant
us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable
right to exercise the copyright, publicity, and database rights (but no other
rights)
you have in Your Information, in any media now known or not currently known,
with respect to Your Information. Hot Web Holdings Ltd will only use Your
Information
in accordance with our Privacy Policy.
If you believe that your work has been copied and is accessible on the Site in a
way that constitutes copyright infringement, notify Hot Web Holdings Ltd's
designated agent in writing and provide the following information; your name;
your email address; your mailing address; your phone number; the URL, path or
other
specific location where the allegedly infringing material is located;
description of the allegedly infringed work, including (if available) the URL,
path or other
specific location where the copyrighted work may be found for comparison; and
your relationship to the owner of the allegedly infringed work. Pursuant to
Title 17,
United States Code, Section 512(c)(2), notifications of claimed copyright
infringement should be sent to Hot Web Holdings Ltd's Designated Agent. See
Section 11
(How to Contact Hot Web Holdings Ltd).
All contents of the Site are: Copyright © 2004-2007 Hot Web Holdings Ltd and/or
its suppliers. All rights reserved.
The names of other companies and products mentioned herein may be the trademarks
of their respective owners. Any rights not expressly granted herein are reserved
by Hot Web Holdings Ltd.
9. Term and Termination
Until and unless terminated by you or Hot Web Holdings Ltd, your status as an
eligible or registered user will continue indefinitely, and fees for services
will be
charged as described herein (see Section 4, Fees). Hot Web Holdings Ltd may
terminate this Agreement and your access to the Site and related Services at any
time,
with or without cause, and with or without notice.
Upon termination of your right to use the Site, you will no longer have access
to any data or information you had previously created, maintained, managed, or
stored in the Site or Hot Web Holdings Ltd's systems. Hot Web Holdings Ltd is
under no obligation to maintain any such data or information.
Your obligations pursuant to Section 3 (Acceptable Use), Section 4 (Fees),
Section 5 (Privacy), Section 7 (Liability Disclaimer and Indemnification),
Section 8
(Intellectual Property), Section 9 (Term and Termination), and Section 10
(General) shall survive the termination of this Agreement and your right to use
the Site.
10. General
Hot Web Holdings Ltd manages the Site from its offices in Connecticut. This
Agreement is governed by the laws of the State of Connecticut, USA, without
regard to
its choice of law rules. You hereby consent to the jurisdiction of, and venue
in, courts located in Fairfield or New Haven County, Connecticut, USA in all
disputes
arising out of or relating to the Site. In addition, you hereby consent to the
exclusive jurisdiction of, and venue in, such courts for any action commenced by
you
against Hot Web Holdings Ltd or its affiliates. in any dispute arising out of or
relating to the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions, including,
without limitation, this paragraph. You agree that no joint venture,
partnership,
employment, or agency relationship exists between you and Hot Web Holdings Ltd
as a result of this Agreement or use of the Site. Hot Web Holdings Ltd's
performance
of this Agreement is subject to existing laws and legal process, and nothing
contained in this Agreement is in derogation of Hot Web Holdings Ltd's right to
comply
with governmental, court and law enforcement requests or requirements relating
to your use of the Site or information provided to or gathered by Hot Web
Holdings
Ltd with respect to such use. If any part of this Agreement is determined to be
invalid or unenforceable pursuant to applicable law, including, but not limited
to,
the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable
provision that most closely matches the intent of the original provision and the
remainder of the Agreement shall continue in effect. Unless otherwise specified
herein, this Agreement constitutes the entire agreement between the user and Hot
Web Holdings Ltd with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Hot Web Holdings Ltd with respect to the Site. A
printed
version of this Agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this
Agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form, and
any such printed, true, and accurate copy shall be deemed an original document
for evidentiary purposes. Any failure of Hot Web Holdings Ltd to exercise or
enforce
any right or provision of this Agreement will not constitute a waiver of such
right or provision. You may not rent, lease, license, grant a security interest
in,
or otherwise transfer, assign, or sublicense your rights hereunder to any third
party. At any time, Hot Web Holdings Ltd may, in its sole discretion and without
providing notice or obtaining your consent, assign this entire Agreement or
delegate some or all of its responsibilities hereunder.
11. How to Contact Hot Web Holdings Ltd
General Inquiries
Mail: Hot Web Holdings Ltd
261 South Main Street - Suite 101
Newtown, CT 06470
USA
Email: hotmail@hotwebholdings.com
Copyright Infringement Claims (Designated Agent)
Mail: Hot Web Holdings Ltd
261 South Main Street - Suite 101
Newtown, CT 06470
USA
Email:
security@hotwebholdings.com
Customer Service and Support (availability depending upon service selected)
Email:
service@hotwebholdings.com
|
Web Site: |
If you have any questions about this privacy
statement, the practices of our sites, or your dealings with Hot Web
Holdings Ltd, you can contact: webmaster@hotwebholdings.com |
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