Softlogue provides Website Hosting Service through this portal to be used by the general public. By accessing and using the Website Hosting Service, you accept and agree to be bound by the terms and provision of our website. You also understand and agree that the Website Hosting Service may include certain communications from Softlogue, such as Website Hosting Service announcements and administrative messages and that these communications are considered part of your registration and you will be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Web Hosting Website Hosting Service, shall be subject to our terms of Website Hosting Service. You understand and agree that the Website Hosting Service is provided “AS-IS” and that Softlogue assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Softlogue Website Hosting Service, and that access may involve third-party fees (such as Internet Website Hosting Service provider or airtime charges). You are responsible for those fees, including those fees associated with the domain registration. In addition, you must provide and are responsible for all equipment necessary to access the Softlogue Website Hosting Service.
You understand that the technical processing and transmission of the Softlogue Website Hosting Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be aware you must be at least 18 years of age to access and use Softlogue Website Hosting Service.
In consideration of your use of the Softlogue Website Hosting Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Softlogue Website Hosting Service under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Softlogue Website Hosting Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Softlogue has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Softlogue has the right to suspend or terminate your account and refuse any and all current or future use of the Softlogue Website Hosting Service (or any portion thereof).
You will receive a password and account designation upon completing the Softlogue Website Hosting Service’s registration process. 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 (a) immediately notify Softlogue of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Softlogue cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Softlogue, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Softlogue Website Hosting Service. Softlogue does not control the Content posted via the Softlogue Website Hosting Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Softlogue be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Softlogue Website Hosting Service.
You agree to not use the Softlogue Website Hosting Service to:
You acknowledge that Softlogue may or may not pre-screen Content, but that Softlogue and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Softlogue Website Hosting Service. Without limiting the foregoing, Softlogue and its designees shall have the right to remove any Content that violates the TOS 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 Softlogue or submitted to Softlogue.
You acknowledge, consent and agree that Softlogue may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer Website Hosting Service; or (v) protect the rights, property or personal safety of Softlogue, its users and the public.
You understand that the Softlogue Website Hosting Service and software embodied within the Softlogue Website Hosting Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Softlogue and/or content providers who provide content to the Softlogue Website Hosting Service. You may not attempt to override or circumvent any of the usage rules embedded into the Softlogue Website Hosting Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Softlogue Website Hosting Service, in whole or in part, is strictly prohibited.
Softlogue does not claim ownership of Content you submit or make available for inclusion on the Softlogue Website Hosting Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Softlogue Website Hosting Service, you grant Softlogue the following worldwide, royalty-free and non-exclusive license(s), as applicable:
You agree to indemnify and hold Softlogue and its subsidiaries, affiliates, officers, agents, employees, partners and licensors 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, modify or otherwise make available through the Softlogue Website Hosting Service, your use of the Softlogue Website Hosting Service, your connection to the Softlogue Website Hosting Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Softlogue Website Hosting Service (including Content, advertisements, Software and your Softlogue ID).
Softlogue reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Softlogue Website Hosting Service (or any part thereof) with or without notice. You agree that Softlogue shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Softlogue Website Hosting Service (or any part thereof).
You may terminate your Softlogue account and access to the Softlogue Website Hosting Service by submitting such termination request to Softlogue.
You agree that Softlogue may, without prior notice, immediately terminate, limit your access to or suspend your Softlogue account and access to the Softlogue Website Hosting Service. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Softlogue Website Hosting Service (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, and/or (f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Softlogue’s sole discretion and that Softlogue shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Softlogue Website Hosting Service.
Termination of your Softlogue account includes any or all of the following: (a) removal of access to all or part of Softlogue Website Hosting Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Softlogue Website Hosting Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Softlogue Website Hosting Service, including payment and delivery of related goods or Website Hosting Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Softlogue 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 advertisers on the Softlogue Website Hosting Service.
You acknowledge and agree that the Softlogue Website Hosting Service and any necessary software used in connection with the Softlogue Website Hosting 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 advertisements or information presented to you through the Softlogue Website Hosting Service or by advertisers is protected by copyrights, trademarks, Website Hosting Service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Softlogue or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Softlogue Website Hosting Service, such Content or the Software, in whole or in part.
Softlogue 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 from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, 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, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Softlogue Website Hosting Service. You agree not to access the Softlogue Website Hosting Service by any means other than through the interface that is provided by Softlogue for use in accessing the Softlogue Website Hosting Service.
You expressly understand and agree that:
You expressly understand and agree that Softlogue and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, 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 Softlogue has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Softlogue website hosting service; (b) the cost of procurement of substitute goods and website hosting service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Softlogue website hosting service; or (e) any other matter relating to the Softlogue website hosting service.
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 sections 14 and 15 may not apply to you.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
You agree that all of Softlogue???s copyrights, trademarks, trade names, Website Hosting Service marks and other Softlogue logos and brand features, and product and Website Hosting Service names are trademarks and the property of SOFTLOGUE (the “Softlogue Marks”). Without Softlogue’s prior permission, you agree not to display or use in any manner the Softlogue Marks.
Entire Agreement. The TOS constitutes the entire agreement between you and Softlogue and governs your use of the Softlogue Website Hosting Service, superseding any prior version of this TOS between you and Softlogue with respect to the Softlogue Website Hosting Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Softlogue Website Hosting Service, affiliate Website Hosting Service, third-party content or third-party software.
Choice of Law and Forum. You and Softlogue each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Texas without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Softlogue, shall be resolved exclusively through arbitration and by an arbitrator located in the county of Harris, Texas. The arbitrator’s decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. This contract contains a binding arbitration provision which affects your legal rights and may be enforced by the parties.
Waiver and Severability of Terms. The failure of Softlogue to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Softlogue account is non-transferable and any rights to your Softlogue account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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 Softlogue Website Hosting Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our customer care reps at firstname.lastname@example.org.