888-Hosting provides its service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Service at any time in this document.
Description of Service
888-Hosting provides web hosting and design and shopping cart services to its clients (the Service). You also understand and agree that the Service may include certain communications from 888-Hosting, such as service announcements and administrative messages, and that these communications are considered part of 888-Hosting membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new 888-Hosting properties, shall be subject to the Terms of Service.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are entirely responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
In consideration of your use of the Service, you agree to: 1) provide true, accurate, current and complete information about yourself as prompted by the Service’s sign-up (such information being the Sign-Up Data) and (b) maintain and promptly update the Sign-Up Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 888-Hosting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 888-Hosting has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Registered 888-Hosting users have a username and password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to 1) immediately notify 888-Hosting of any unauthorized use of your password or account or any other breach of security, and 2) ensure that you exit from your account at the end of each session. 888-Hosting cannot and will not be liable for any loss or damage arising from your failure to comply with these security practices.
You understand that all information, data, text, photographs, graphics, messages or other materials(Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not 888-Hosting, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service.
888-Hosting does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable, even though 888-Hosting does not condone such Content. Under no circumstances will 888-Hosting be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, harm minors in any way, impersonate any person or entity, including, but not limited to, a 888-Hosting official, or falsely state or otherwise misrepresent your affiliation with a person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Service, upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service,intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law, stalk, or otherwise harass another, or collect or store personal data about other users without their permission.
You acknowledge that 888-Hosting does not pre-screen Content, but that 888-Hosting and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, 888-Hosting and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by 888 Hosting or submitted to 888-Hosting.
You acknowledge and agree that 888-Hosting may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: 1) comply with legal process; 2) enforce the Terms of Service; 3) respond to claims that any Content violates the rights of third-parties; or 4) protect the rights, property, or personal safety of 888-Hosting, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve 1) transmissions over various networks; and 2) changes to conform and adapt to technical requirements of connecting networks or devices.
Special Admonitions for International Use Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Content Submitted or Made Available for Inclusion on the Service 888-Hosting does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant 888-Hosting the perpetual, irrevocable, fully sub-licensable, world-wide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Publicly accessible areas of the Service are those areas of the 888-Hosting network of properties that are intended by 888-Hosting to be available to the general public.
You agree to indemnify and hold 888-Hosting, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
General Practices Regarding Use and Storage
You acknowledge that 888-Hosting may establish general practices and limits concerning use of the Service, including without limitation the maximum disk space that will be allotted on 888-Hosting’s servers on your behalf and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You acknowledge that 888-Hosting reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that 888-Hosting reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to Service
888-Hosting reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that 888-Hosting shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that 888-Hosting, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if 888-Hosting believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. 888-Hosting may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that 888-Hosting may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that 888 Hosting shall not be liable to you or any third-party for any termination of your access to the Service.
Dealings with Other Businesses or Individuals
Your correspondence or business dealings with, or participation in promotions of, other businesses or individuals on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such business or individual. You agree that 888-Hosting shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such businesses or individuals on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because 888-Hosting has no control over such sites and resources, you acknowledge and agree that 888-Hosting is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 888-Hosting shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
888-Hosting’s Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by 888-Hosting, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, its Software or its Content, in whole or in part.
888-Hosting grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by 888-Hosting for use in accessing the Service.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. 888-Hosting EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
888-Hosting MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 888-Hosting OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 888-Hosting SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 888-Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE PREVIOUS TWO SECTIONS MAY NOT APPLY TO YOU.
Notices to you may be made via email, regular mail, telephone or fax. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.
888-Hosting, the 888-Hosting logo, 888-Hosting in Chinese characters, the 3 overlapping 8’s and other 888-Hosting logos and product and service names are trademarks of Lemon Logistics Limited and 888-Hosting. Without 888-Hosting’s or Lemon Logistics Limited’s prior permission, you agree not to display or use in any manner, the 888-Hosting Marks.
Copyrights and Copyright Agents
888-Hosting respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide 888-Hosting’s Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
A description of the copyrighted work or other intellectual property that you claim has been infringed.
A description of where the material that you claim is infringing is located on the site.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
888-Hosting’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Lemon Logistics Limited
#380, 3rd Floor, Conic Investment Building
13 Hok Yuen Street, Hung Hom, Hong Kong
By phone: USA(303)800-6568 HK(852)5195-3519
The Terms of Service constitute the entire agreement between you and 888-Hosting and govern your use of the Service, super ceding any prior agreements between you and 888-Hosting. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Service and the relationship between you and 888-Hosting shall be governed by the laws of Hong Kong (PRC) without regard to its conflict of law provisions. You and 888-Hosting agree to submit to the personal and exclusive jurisdiction of the courts located within Hong Kong (PRC). The failure of 888-Hosting to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.