(Last Updated August 10, 2003)
IMPORTANT! THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS")
GOVERN THE USE OF THE YallaHosting.com WEBSITE (THE "WEB
SITE") BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS
"YOU"). BY USING THE WEB SITE, YOU AGREE TO ALL OF THE PROVISIONS
CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. SB MICROTECH (THE
"COMPANY") RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY
TIME IN ITS SOLE DISCRETION. YOUR USE OF THE WEB SITE AFTER SUCH CHANGES ARE
POSTED TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE
CONSULT THESE TERMS AND CONDITIONS REGULARLY
- Scope. These Terms and Conditions govern Your use of the Web
site. These Terms and Conditions, however, do not apply to the Company's
products or services, which are the subject of separate agreements.
- Permitted Use. You have a nonexclusive, nontransferable,
limited, revocable right to use the Web site solely for Your informational use
in evaluating the Company and its products and services. You may not use the Web
site for any other purpose without the Company’s express prior written consent,
including, without limitation, any commercial purpose. For example, You may not
and may not authorize any other person or entity (“Person”) to (i) frame
the Web site or any portion thereof (whereby the Web site or a portion thereof
will appear on a user’s screen with a portion of another web site, or with
content or advertising of any Person without the Company’s consent), or (ii)
Co-brand the Web site or any portion thereof. "Co-branding" means the
display of a name, logo, trademark, or other means of attribution or
identification of any Person in such a manner reasonably likely to give a user
of the Web site the impression that such the Person is associated or affiliated
with the Company, or has the right to display, publish, transmit or distribute
the Website or content accessible within the Web site. In addition, You may not
and may not authorize any Person to link to any part of the Web site without the
Company’s prior written consent. You agree to cooperate with the Company in
causing any unauthorized framing, Co-branding, linking or similar activity to
immediately cease. You may not take any action that violates our Acceptable Use Policy.
- Proprietary Information. You acknowledge and agree that as
between the Company and You, the Company is the owner of all right, title and
interest in the Web site and all content accessible within the Web site (the
"Content"), including, without limitation, all trademarks, service marks,
trade names, patent rights, copyrights, and other intellectual property or
proprietary rights with respect thereto. You will not reproduce, transmit,
publish or distribute sublicense or otherwise transfer or make available to
others, or edit, modify or create any derivative works of all or any part of the
Web site or the Content, without the express written consent of the Company,
other than limited printed copies of materials that you may need for Your own
use and that contains all of the Company’s copyright and other notices. Without
limiting the generality of the foregoing, You will not use any systematic
retrieval process including without limitation, scrapers, robots, or bots, to
collect, create, or compile Content or other data from the Company Web site.
- Disclaimer. You will have access to a variety of third party
sources of content through the use of the Web site and the Internet. The Company
has made no effort to verify the accuracy or suitability of any information
contained in any such sources, including, without limitation, any other website
that you can link to from the Web site. Accordingly, the Company has no
liability or responsibility whatsoever for any content provided by any other
Person contained on or obtained through the Web site. You acknowledge and agree
that any access, use or reliance on any such third party content is at Your own
risk. You understand that, except for information, products or services clearly
identified as being supplied by the Company, the Company does not operate,
control or endorse any information, products or services of any other Person on
the Web site or the Internet in any way. You also understand and agree that the
Company does not guarantee or warrant that files available for downloading from
the Web site or through the Internet will be free of infection or viruses,
worms, Trojan horses or other malicious code that may adversely effect You, Your
computer or computer systems or Your data or files. In addition, You are
responsible for implementing sufficient procedures and checkpoints to satisfy
Your particular requirements for accuracy of data input and output, and for
maintaining a means external to the Website for the reconstruction of any lost
data.
ACCESS TO AND YOUR USE OF THE WEB SITE AND ANY INFORMATION OR
SERVICES CONTAINED THEREIN ARE PROVIDED “AS IS.” THE COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION EXPRESS,
IMPLIED OR STATUTORY WITH RESPECT TO YOUR USE OF THE WEB SITE OR THE CONTENT
CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR
ARISING THROUGH COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND THE COMPANY
HEREBY DISCLAIMS THE SAME.
- Privacy Policy. The Company collects, stores and uses data
collected from You in accordance with the Company’s Privacy Policy.
- Limitation on Liability. THE COMPANY, ITS LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME,
PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF SUCH PARTIES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE
COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO YOU OR ANY OTHER
PERSON (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY
OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT
LIABILITY) EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID TO THE COMPANY TO USE THE
WEB SITE AS PROVIDED IN THESE TERMS AND CONDITIONS FOR THE APPLICABLE CONTENT OR
SERVICE OUT OF WHICH LIABILITY AROSE.
- Indemnity. You will indemnify and hold the Company, its
licensors, content providers, service providers, employees, agents, officers,
directors and contractors (the "Indemnified Parties") harmless from Your
breach of any of these Terms And Conditions or any other terms, conditions,
policies or procedures contained on the Web site, including, without limitation,
any use of Content other than as expressly authorized in these Terms and
Conditions. You agree that the Indemnified Parties will have no liability in
connection with any such breach or unauthorized use, and You agree to indemnify
and hold harmless the Indemnified Parties from any and all resulting loss,
damages, judgments, awards, costs, expenses, and attorneys’ fees in connection
therewith. You will also indemnify and hold the Indemnified Parties harmless
from and against any claims brought by third parties arising out of Your use of
the information accessed from the Web site.
- Trademarks. YallaHosting.com® is a registered trademark, and
the YallaHosting.com logo and other YallaHosting.com marks appearing on the Web
Site are either registered or unregistered trademarks of the Company. Other
trademarks, service marks and logos appearing in this Web site are the property
of either the Company, its content providers or other third parties. The
Company, its content providers and such third parties retain all rights with
respect to any of their respective trademarks, service marks or logos.
- Miscellaneous.
- Headings. The headings of sections of these Terms and
Conditions are for ease of reference only and shall not be admissible in any
action to alter, modify or interpret the contents of any section hereof.
- Governing Law and Jurisdiction. The validity and effect of
these Terms and Conditions shall be governed by and construed and enforced in
accordance with the laws of the State of Georgia, without regard to its
conflicts of laws principles. The parties expressly disclaim application of the
United Nations Convention on Contracts for the International Sale of Goods. ANY
SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE TERMS AND
CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF THE COMPANY REGARDING
USE OF THE WEBSITE, MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN
FULTON COUNTY, GEORGIA, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION
OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH
SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE
TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH
COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH
COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
- Entire Agreement; Amendments. These Terms and Conditions,
together with the Acceptable Use Policy and the Privacy Policy, supersede any
prior discussions, negotiations and agreements between the parties with respect
to the subject matter hereof, and these Terms and Conditions, together with the
Acceptable Use Policy and the Privacy Policy, constitute the sole and entire
agreement between the parties with respect to the matters covered hereby.
- Severability. The provisions of these Terms and Conditions may
be exercised and are applicable and binding only to the extent that they do not
violate any applicable laws and are intended to be limited to the extent
necessary so that they will not render these Terms and Conditions illegal,
invalid or unenforceable. If any provision or portion of any provision of these
Terms and Conditions are held to be illegal, invalid or unenforceable by a court
of competent jurisdiction, the remaining provisions or portions thereof shall
apply with respect to the subject matter hereof, and all such remaining
provisions or portions thereof shall remain in full force and effect.
- Waiver. No failure or delay on the part of the Company to
exercise any right or remedy hereunder shall operate as a waiver thereof, nor
shall any single or partial exercise of any right or remedy by the Company
preclude any other or further exercise thereof or the exercise of any other
right or remedy. No express waiver or assent by the Company to any breach of or
default in any of these Terms and Conditions shall constitute a waiver of or an
assent to any succeeding breach of or default in the same or any other term or
condition hereof.
Copyright 2001-2003, SB Microtech Corp. |