Welcometo our Web site. By using oursite, you are agreeing to comply with and be bound by the following terms ofuse. Please review the following terms carefully. If you do not agree to theseterms, you should not use this site. The term "WebHostingRating.com" or "WebHostingRating" or "Web Hosting Rating" or "us" or "we" or "our"refers to Hanei Marketing, Inc., the owner of the Web site. The term "you" refers to the user orviewer of our Web Site.
1. Acceptance of Agreement.
You agreeto the terms and conditions outlined in this Terms of Use Agreement("Agreement") with respect to our site (the "Site"). ThisAgreement constitutes the entire and only agreement between us and you, and supersedesall prior or contemporaneous agreements, representations, warranties andunderstandings with respect to the Site, the content, products or servicesprovided by or through the Site, and the subject matter of this Agreement. ThisAgreement may be amended at any time by us from time to time without specificnotice to you. The latest Agreement will be posted on the Site, and you shouldreview this Agreement prior to using the Site.
2. Copyright.
Thecontent, organization, graphics, design, compilation, magnetic translation,digital conversion and other matters related to the Site are protected underapplicable copyrights, trademarks and other proprietary (including but notlimited to intellectual property) rights. The copying, redistribution, use orpublication by you of any such matters or any part of the Site, except asallowed by Section 4 below, is strictly prohibited. You do not acquireownership rights to any content, document or other materials viewed through theSite. The posting of information or materials on the Site does not constitute awaiver of any right in such information and materials. Some of the content on the site is thecopyrighted work of third parties.
3. Service Marks.
"WebHostingRating.com" and others areour service marks or registered service marks or trademarks. Other product and company namesmentioned on the Site may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocablelicense (a) to access and use the Site strictly in accordance with thisAgreement; (b) to use the Site solely for internal, personal, non-commercialpurposes; and (c) to print out discrete information from the Site solely forinternal, personal, non-commercial purposes and provided that you maintain allcopyright and other policies contained therein. No print out or electronic version of any part of the Siteor its contents may be used by you in any litigation or arbitration matterwhatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information,materials or documents (collectively defined as "Content and Materials")therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except forthe express limited purpose permitted by Section 4 above), republish, display,distribute, transmit, sell, rent, lease, loan or otherwise make available inany form or by any means all or any portion of the Site or any Content andMaterials retrieved therefrom; (b) use the Site or any materials obtained fromthe Site to develop, of as a component of, any information, storage andretrieval system, database, information base, or similar resource (in any medianow existing or hereafter developed), that is offered for commercialdistribution of any kind, including through sale, license, lease, rental,subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works ofany Content and Materials from the Site; (d) use any Content and Materials fromthe Site in any manner that may infringe any copyright, intellectual propertyright, proprietary right, or property right of us or any third parties; (e)remove, change or obscure any copyright notice or other proprietary notice orterms of use contained in the Site; (f) make any portion of the Site availablethrough any timesharing system, service bureau, the Internet or any othertechnology now existing or developed in the future; (g) remove, decompile,disassemble or reverse engineer any Site software or use any network monitoringor discovery software to determine the Site architecture; (h) use any automaticor manual process to harvest information from the Site; (i) use the Site forthe purpose of gathering information for or transmitting (1) unsolicitedcommercial email; (2) email that makes use of headers, invalid or nonexistentdomain names, or other means of deceptive addressing; and (3) unsolicitedtelephone calls or facsimile transmissions; (j) use the Site in a manner thatviolates any state or federal law regulating email, facsimile transmissions ortelephone solicitations; and (k) export or re-export the Site or any portionthereof, or any software available on or through the Site, in violation of theexport control laws or regulations of the United States.
6. Forms, Agreements & Documents
We may make available through the Site or through other Web sitessample and actual forms, checklists, business documents and legal documents(collectively, "Documents"). AllDocuments are provided on a non-exclusive license basis only for your personalone-time use for non-commercial purposes, without any right to re-license,sublicense, distribute, assign or transfer such license. Documents are provided for a charge andwithout any representations orwarranties, express or implied, as to their suitability, legal effect,completeness, currentness, accuracy, and/or appropriateness. TheDocuments are provided "as is", "as available", and with "all faults", and weand any provider of the Documents disclaim any warranties, including but notlimited to the warranties of merchantability and fitness for a particularpurpose. The Documents maybe inappropriate for your particular circumstances. Furthermore, state laws may require different or additionalprovisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legalor business documents necessary for your particular transactions, as theDocuments are only samples and may not be applicable to a particularsituation. Some Documents arepublic domain forms or available from public records.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site isnot intended to and does not constitute legal advice, recommendations,mediation or counseling under any circumstance and no attorney-clientrelationship is formed. We do notwarrant or guarantee the accurateness, completeness, adequacy or currency ofthe information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely atyour own risk. We are not a lawfirm and the Site is not a lawyer referral service.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you do notremove or obscure, by framing or otherwise, advertisements, the copyrightnotice, or other notices on the Site, (b) your site does not engage in illegalor pornographic activities, and (c) you discontinue providing links to the Siteimmediately upon request by us.
9. Advertisers.
The Site may contain advertising and sponsorships. Advertisersand sponsors are responsible for ensuring that material submitted for inclusionon the Site is accurate and complies with applicable laws. We are not responsible for theillegality or any error, inaccuracy or problem in the advertiser's or sponsor'smaterials.
10. Registration.
Certain sections of, or offerings from, the Site may require youto register. If registration isrequested, you agree to provide us with accurate, complete registrationinformation. Your registrationmust be done using your real name and accurate information. Each registration is for your personaluse only and not on behalf of any other person or entity. We do not permit (a)any other person using the registered sections under your name; or (b) accessthrough a single name being made available to multiple users on a network. You are responsible for preventing suchunauthorized use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free,free of viruses or other harmful components, or that defects will becorrected. We do not represent orwarrant that the information available on or through the Site will be correct,accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of theSite at any time. We reserve theright in our sole discretion to edit or delete any documents, information orother content appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be accessiblevia links from the Site. We arenot responsible for and assume no liability for any mistakes, misstatements oflaw, defamation, omissions, falsehood, obscenity, pornography or profanity inthe statements, opinions, representations or any other form of content on theSite. You understand that theinformation and opinions in the third party content represent solely thethoughts of the author and is neither endorsed by nor does it necessarilyreflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reportedviolations of this Agreement and to take any action we deem appropriate,including but not limited to reporting any suspected unlawful activity to lawenforcement officials, regulators, or other third parties and disclosing anyinformation necessary or appropriate to such persons or entities relating toyour profile, email addresses, usage history, posted materials, IP addressesand traffic information.
14. Indemnification.
You agreeto indemnify, defend and hold us and our partners, agents, officers, directors,employees, subcontractors, successors, assigns, third party suppliers ofinformation and documents, attorneys, advertisers, product and service providers,and affiliates (collectively, "Affiliated Parties") harmless from anyliability, loss, claim and expense, including reasonable attorney's fees,related to your violation of this Agreement or use of the Site.
15. Nontransferable.
Yourright to use the Site is not transferable or assignable. Any password or rightgiven to you to obtain information or documents is not transferable orassignable.
16. Disclaimer.
THEINFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED"AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALLWARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TOTHE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITYWHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED INSECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OURAFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL ORCONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OFWARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IFADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OFDAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAINBETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATIONPRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE ORINFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITEOR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOTEXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINEDWITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
(a) Weand any Affiliated Party shall not be liable for any loss, injury, claim,liability, or damage of any kind resulting in any way from (a) any errors in oromissions from the Site or any services or products obtainable therefrom, (b) the unavailability orinterruption of the Site or any features thereof, (c) your use of the Site, (d)the content contained on the Site, or (e) any delay or failure in performancebeyond the control of a Covered Party.
(b) THEAGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANYCLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THATAMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US ANDANY AFFILIATED PARTY.
18. Use of Information.
We reservethe right, and you authorize us, to the use and assignment of all informationregarding Site uses by you and all information provided by you in any mannerconsistent with our Privacy Policy. All remarks, suggestions, ideas, graphics,or other information communicated by you to us (collectively, a"Submission") will forever be our property. We will not be requiredto treat any Submission as confidential, and will not be liable for any ideas(including without limitation, product, service or advertising ideas) and willnot incur any liability as a result of any similarities that may appear in ourfuture products, services or operations. Without limitation, we will haveexclusive ownership of all present and future existing rights to the Submissionof every kind and nature everywhere. We will be entitled to use the Submissionfor any commercial or other purpose whatsoever, without compensation to you orany other person sending the Submission. You acknowledge that you areresponsible for whatever material you submit, and you, not us, have fullresponsibility for the message, including its legality, reliability,appropriateness, originality, and copyright.
19. Third-Party Services.
We mayallow access to or advertise certain third-party product or service providers ("Merchants")from which you may purchase certain goods or services. You understand that wedo not operate or control the products or services offered by Merchants.Merchants are responsible for all aspects of order processing, fulfillment, billingand customer service. We are not a party to the transactions entered intobetween you and Merchants. You agree that use of or purchase from suchMerchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FORPURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WELIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTSOR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TOOUR SITE.
20. Third-Party Merchant Policies.
Allrules, policies (including privacy policies) and operating procedures ofMerchants will apply to you while on any Merchant sites. We are not responsiblefor information provided by you to Merchants. We and the Merchants areindependent contractors and neither party has authority to make anyrepresentations or commitments on behalf of the other.
21. Privacy Policy.
OurPrivacy Policy, as it may change from time to time, is a part of thisAgreement. You must review thisPrivacy Policy by clicking on this link.
22. Payments.
Yourepresent and warrant that if you are purchasing something from us or fromMerchants that (i) any credit information you supply is true and complete, (ii)charges incurred by you will be honored by your credit card company, and (iii)you will pay the charges incurred by you at the posted prices, including anyapplicable taxes.
23. Securities Laws.
The Sitemay include statements concerning our operations, prospects, strategies,financial condition, future economic performance and demand for our products orservices, as well as our intentions, plans and objectives (particularly withrespect to product and service offerings), that are forward-looking statements.These statements are based upon a number of assumptions and estimates which aresubject to significant uncertainties, many of which are beyond our control.When used on our Site, words like "anticipates," "expects,""believes," "estimates," "seeks,""plans," "intends," "will" and similar expressionsare intended to identify forward-looking statements designed to fall withinsecurities law safe harbors for forward-looking statements. The Site and theinformation contained herein does not constitute an offer or a solicitation ofan offer for sale of any securities. None of the information contained hereinis intended to be, and shall not be deemed to be, incorporated into any of oursecurities-related filings or documents.
24. Links to other Web Sites.
The Sitecontains links to other Web sites. We are not responsible for the content,accuracy or opinions express in such Web sites, and such Web sites are notinvestigated, monitored or checked for accuracy or completeness by us.Inclusion of any linked Web site on our Site does not imply approval orendorsement of the linked Web site by us. If you decide to leave our Site andaccess these third-party sites, you do so at your own risk.
25. Copyrights and Copyright Agents.
Werespect the intellectual property of others, and we ask you to do the same. Ifyou believe that your work has been copied in a way that constitutes copyrightinfringement, please provide our Copyright Agent the following information:
a. Anelectronic or physical signature of the person authorized to act on behalf ofthe owner of the copyright interest;
b. Adescription of the copyrighted work that you claim has been infringed;
c. Adescription of where the material that you claim is infringing is located onthe Site;
d. Youraddress, telephone number, and email address;
e. Astatement by you that you have a good faith belief that the disputed use is notauthorized by the copyright owner, its agent, or the law; and
f. Astatement by you, made under penalty of perjury, that the above information inyour Notice is accurate and that you are the copyright owner or authorized toact on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Sitecan be reached by directing an e-mail to the Copyright Agent at legal@webhostingrating.com
26. Information and Press Releases.
The Sitecontains information and press releases about us. We disclaim any duty orobligation to update this information or any press releases. Information aboutcompanies other than ours contained in the press release or otherwise, shouldnot be relied upon as being provided or endorsed by us.
27. Legal Compliance.
You agree to comply with all applicable domestic and internationallaws, statutes, ordinances and regulations regarding your use of the Site andthe Content and Materials provided therein.
28. Refund and Return Policy.
To the extent that you purchase any goods or services directly fromus, we will refund you your purchase price within 30 days of you notifying usin writing of your desire for the refund, together with the reason for therequest, with the product or service returned to us in substantially the samecondition as when purchased. Please note , however, that certain products andservices mentioned on our site are sold by third parties or are linked to thirdparty Web sites, and we have no responsibility or liability for those productsor services. You may request a refund by contacting us by email at legal@webhostingrating.com. You may obtain any additional information concerning our refund and returnpolicy, including our mailing address, by contacting us at legal@webhostingrating.com.
29. Miscellaneous.
ThisAgreement shall be treated as though it were executed and performed in SanFrancisco, California, and shall be governed by and construed in accordancewith the laws of the State of California (without regard to conflict of lawprinciples). Any cause of action by you with respect to the Site (and/or anyinformation, Documents, products or services related thereto) must beinstituted within one (1) year after the cause of action arose or be foreverwaived and barred. All actions shall be subject to the limitations set forth inSection 16 and Section 17. The language in this Agreement shall be interpretedas to its fair meaning and not strictly for or against any party. ThisAgreement and all incorporated agreements and your information may beautomatically assigned by us in our sole discretion to a third party in theevent of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, thatportion shall be construed consistent with applicable law and the remainingportions shall remain in full force and effect. To the extent that anything inor associated with the Site is in conflict or inconsistent with this Agreement,this Agreement shall take precedence. Our failure to enforce any provision ofthis Agreement shall not be deemed a waiver of such provision nor of the rightto enforce such provision. Ourrights under this Agreement shall survive any termination of this Agreement.
30. Arbitration.
Any legal controversy or legal claim arising out of or relatingto this Agreement or our services, excluding legal action taken by us tocollect or recover damages for, or obtain any injunction relating to, Siteoperations, intellectual property, and our services, shall be settled solely bybinding arbitration in accordance with the commercial arbitration rules of the Russian Federation. Any such controversy orclaim shall be arbitrated on an individual basis, and shall not be consolidatedin any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the city of Moscow, Russian Federation and judgment on the arbitration award may be enteredinto any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relieffrom a court of competent jurisdiction in the city of Moscow, Russian Federation necessaryto protect the rights or property of you and us pending the completion ofarbitration.
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