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Terms of Service
Terms of Service



This hosting agreement (this "Agreement") contains the terms and conditions governing access to and use of service offerings (as defined below) and is an agreement between Hospemex, Inc. ("hosting", " "Us", "us" or "our") and you or the entity you represent ("you"). This Agreement will take effect by clicking on an "I accept" button or check box presented with these terms or, if before, when you use any of the service offerings (the "Effective Date"). You represent to us that you have the legal capacity to enter into contracts (for example, you are not a minor). If you are entering into this Agreement for an entity, such as the company for which you work, you represent to us that you have legal authority to bind such entity. Please refer to Section 14 for definitions of certain capitalized terms used in this Agreement.

1. Use of the offered services.

1.1 In general. You may access and use the service offerings in accordance with this Agreement. Service Level Agreements may apply to certain service offerings. You will comply with all hosting, rules and regulations applicable to the use of the service offerings, including the terms of service, the acceptable use policy and the other policies defined in Section 14.

1.2 Your account. To access the Services, you must create a hosting account associated with a valid email address. Unless explicitly permitted by the Terms of Service, you may only create one account per email address. You are responsible for all activities that occur under your account, regardless of whether the activities are performed by you, your employees or a third party (including your contractors or agents) and, except to the extent caused by our breach of This Agreement, and our affiliates are not responsible for unauthorized access to your account. You will contact us immediately if you believe that an unauthorized third party may be using your account or your account information from loss or theft. You may cancel your account and this agreement at any time, in accordance with Section 7.

1.3 Your support. If you want help for services other than the support you generally provide to other users of the Services for free, you can sign up for customer support in accordance with the terms of the Hosting Maintenance Guidelines.

1.4 Third Party Content. Third party content, such as software applications provided by third parties, may be made directly to you by other companies or individuals under different terms and conditions, including separate fees and charges. Because we have not tested or analyzed third-party content, the use of any third-party content is at your own risk.

2. Changes.

2.1 For service offerings. We may change, suspend, or disregard any of the service offerings (including service offerings as a whole) or change or remove features or functionality from service offerings from time to time. We will notify you of any material changes or suspension of service offers.

2.2 For APIs. We may change, discontinue or disapprove any API for the Services from time to time, but commercially reasonable efforts to continue to support the earlier version of any API changed, suspended or disapproved for 12 months following modification, suspension or disapproval (except if (A) would pose a title or subject of intellectual property, (b) be economic or technical, cumbersome or (c) necessary to comply with the law or requests from government entities).

2.3 For Service Level Agreements. We may change, discontinue, or add Service Level Agreements from time to time.

3. Security and Privacy of data.

3.1 Hosting Security. Without limiting Section 10 or its obligations under Section 4.2, we will implement reasonable and appropriate measures designed to help you protect your content against accidental or unlawful loss, access or disclosure.

3.2 Data Privacy. We participate in the safeguard programs described in the Privacy Policy. You can specify which regions you host where your content is stored or accessible by end users. We will not move the content of your selected hosting regions without prior notification, unless required to comply with law or requests from government entities. You consent to our collection, use and disclosure of the information associated with the service offerings in accordance with our privacy policy, as well as to the treatment of your Content in the, and the transfer of its content to the accommodation regions that You select.

4. Responsibilities

4.1 Your Content. You are solely responsible for the development, content, operation, maintenance, and use of your content. For example, you are solely responsible for:

(a) the technical operation of its content, including the guarantee that the calls it makes to any Service are compatible with the APIs in force at that time for that service;

(b) compliance with its content with acceptable use policy, other policies, and the law;

(c) any claim related to its content; and

(d) proper handling and processing communications sent to you (or any of its affiliates) by any person claiming that your content violates that person's rights, including notices pursuant to the Digital Millennium Copyright Act .

4.2 Other Security & Backup. You are responsible for proper configuration and use of service offerings and to take your own measures to maintain the appropriate security, protection and security of your content, which may include the use of encryption technology to protect your content from access Unauthorized and routine filing of your content. Credentials and private keys generated by the services are only available for internal use and may not sell, transfer or sublicense to any other entity or person, except that you may disclose your private key to your agents and subcontractors who perform work on your name.

4.3 "Virus-like" Behavior. You are responsible for monitoring your applications for virus-like behavior. Any applications that continue to replicate/duplicate content will be subject to deletion and possible cancellation on service. Any files or content that is deemed to be exhibiting or created of this behavior, may be deleted without notice.

Violations

4.4 by Users. You will be deemed to have taken any action that allows, facilitates or facilitates any person or entity to take in connection with this Agreement, its content or the use of service offers. You are responsible for the end-user's use of your content and service offerings. You will ensure that all end users comply with their obligations under this Agreement and that the terms of their agreement with each end user are consistent with this Agreement. If you are aware of any breach of your obligations under this Agreement by an end user, End User Access will be terminated immediately as to its content and service offerings.

4.5 End User Support. You are responsible for providing customer service (if any) to End Users. We do not provide any end-user support or services unless we have a separate agreement with you or an obligation to provide support or end-user services.

5. Rates and payment

5.1. Service Fees. We calculate as fees and expenses of monthly bills. We may charge you more for accrued fees if we suspect your account is fraudulent or at risk of nonpayment. You will have to pay the applicable fees and charges for the use of service offers, as described on the hosting site by one of the forms of payment that we support. All amounts due under this Agreement shall be made without compensation or counterclaim, and without any deduction or withholding. The fees and charges of any new service or a new function of a Service will come into effect when we post the rights and charges on the upgrade hosting site unless expressly otherwise in a notice. We can increase or add new fees and charges for existing services, giving you at least 30 days' notice. We may charge you interest at the rate of 1.5% per month (or the maximum rate allowed by law, if minor) on all late payments.

5.2 Taxes. All commissions and expenses you must pay do not include applicable taxes and duties, VAT and applicable sales tax between them. You will provide us with any information reasonably requested by you to determine whether we are required to collect VAT from you, including your tax identification number. If you are legally entitled to an exemption from any sale, use, or tax on similar transactions, you are responsible for providing us with legally sufficient tax exemption certificates for each tax jurisdiction. We will apply the tax exemption certificates to additional charges in your account that occur after the date we receive the tax exemption certificates. If any deduction or withholding is required by law, you will be notified to us and will pay us all additional amounts necessary to ensure that the net amount we receive, after any deduction and withholding, is equal to the amount you would have received if not deducted Or withholding had been required. In addition, you provide us with documentation to show that the amounts withheld and deducted have been paid to the appropriate tax authority.

6. Temporary suspension

6.1 In general. We may suspend your or any end-user from having the right to access or use any or all of the service offerings immediately by notifying you if we determine:

(a) the use by you or an End User or Enrollment for the offer of services (i) represents a risk to the security of the service offerings or third parties, (ii) may adversely affect service offerings or (iii) may we, our affiliates, or any third party in the liability submit, or (iv) may be fraudulent;

(b) you, or any end user, in violation of this Agreement, even if you are in default on your payment obligations for more than 15 days; or

(c) which has ceased to operate in the ordinary course of business, an assignment for the benefit of creditors or similar disposition of its assets, or is subject to bankruptcy, reorganization, liquidation, dissolution or similar proceedings.

6.2 Effects of suspension. If we suspend your right to access or use any part or all of the service offers:

(a) you remain responsible for all fees and charges you incurred up to the date of suspension;

(b) you remain responsible for the rights and charges of any service offerings for which you continue to have access, as well as the applicable data storage fees and charges, and fees and expenses for in-process tasks completed after of the applicable date of suspension;

(c) you will not be entitled to any service credit under the Service Level Agreements for any period of suspension; and

(d) we will not delete any portion of Your Content as a result of your suspension, except as otherwise provided in this Agreement.

Our right to suspend your or any end user's right to access or use the service offerings is in addition to our right to terminate this Agreement in accordance with Section 7.2.

7 Duration; termination

7.1. Term. The term of this Agreement shall commence on the Effective Date and shall remain in effect until terminated by you or by us in accordance with Section 7.2.

7.2 Termination.

(a) Termination for Convenience. You may terminate this Agreement for any reason: (i) a notice by (ii) closing your account for all services for which we provide a mechanism for closing the account. We may terminate this Agreement for any reason that provides you with 30 days notice.

(b) Termination by Cause.

(i) by any party. Either party may terminate this Agreement for reasonable cause with 30 days notice to the other party if there is any material defect or breach of this Agreement by the other party, unless the defaulting party has remedied the material defect or breach Within the 30-day notice period.

(ii) For Us. We may also terminate this Agreement immediately upon notice to you (A) for the cause, if any act or omission by you or any User result in a suspension described in Section 6.1, (b) if our relationship is with A third party partner who provides software or other technology that we use to offer service offerings expires, terminates or obliges us to change the way we provide the software or other technology as part of the Services, (c) if we believe that the provision Of services could create a significant economic or technical burden or risk of material security for us, (D) in order to comply with the law or the requests of governmental entities, or (e) if we determine use of the offers of Service by you or any end user or in our provision of any of the Services of you or of the end users has become unworkable or impossible by any R legal or regulatory reason.

7.3. Effect of cancellation.

(a) In general. In the event of termination of this Agreement:

(i) all your rights under this Agreement will terminate immediately;

(ii) you remain responsible for all fees and charges you have incurred up to the date of termination, including fees and expenses for work in progress completed after the termination date;

(iii) it will be returned immediately, or, if ordered by us, destroy all Hosting Content in its possession; Y

(iv) Sections 4.1, 5.2, 7.3, 8 (except the license granted to you in Section 8.4), 9, 10, 11, 13 and 14 shall continue to be applied in accordance with its terms.

(b) Post-Termination Assistance. Unless we cancel your use of the service offerings pursuant to Section 7.2 (b), within 30 days of termination:

(i) we will not delete any portion of Your Content as a result of termination;

(ii) it is possible to recover your content from the Services only if you have paid all charges for any use after the termination of service offers and all other amounts due; Y

(iii) we will provide you with the same after the termination of the data recovery assistance we generally make available to all customers.

Any assistance subsequent to the further termination of us is subject to mutual agreement between you and us.

8. Property Rights

8.1 Your Content. As between you and us, you or your licensors own all rights, title and interest in and to your content. Except as provided in this Section 8, any right under this Agreement is obtained from you or your licensors to its content, including related intellectual property rights. You consent to our use of your content to provide the offer of services to you and the end users. We may disclose your content to provide the service offer to you or any end user or to comply with any request from a governmental or regulatory agency (including subpoenas or court orders).

8.2 Your shipments. Your shipments will be governed by the terms of the Apache Software license, unless you specify one of our other supported licenses at the time you submit your submission.

8.3 Right Rights. You represent and warrant to us that: (a) you or your licensors own all rights, title and interest in and to the content and its submissions; (B) which has all rights over its content and necessary deliveries to grant the rights contemplated in this Agreement; And (c) the use is not of your content, your submissions or End Users of your content, your submissions or the Offering Services will violate the acceptable use policy.


Offerings

8.4 Service License. As between you and us, we or our affiliates or licensees own and reserve all rights, titles and interests about and for service offers. We grant you a revocable, non-exclusive, non-sublicensable, non-transferable, limited license to do the following during the Term: (i) access to and use of the Services solely in accordance with this Agreement; And (ii) copy and use the hosting content solely in connection with the permitted use of the Services. Except as provided in this Section 8.4, you do not grant any rights under this Agreement from us or our licensors to the offerings of services, including related intellectual property rights. Some Hosting Contents may be provided to you under a separate license such as the Apache Software license or other open source license. In case of conflict between this Agreement and any independent license, the separate license will prevail with respect to that hosting content.

8.5 License Restrictions. Neither you nor any end-user may use the service offerings in any way or for any purpose not expressly permitted by this Agreement. Neither you nor any end user may, or may attempt to, (a) modify, change, alter, repair, or otherwise create derivative works of any software included in the offering of services (except as included in the software In the service offers are provided to you under a separate license that expressly allows the creation of derivative works), (b) reverse engineer, disassemble, decompile or service offerings or apply any other process or procedure to obtain the Source code of any software that is included in the offer of services, (c) access to or use of the service offering in a manner intended to avoid incurring charges or exceeding limits on use or fees, or (d) reselling Or sublicense the service offer. All licenses granted to you under this Agreement are conditioned upon your continued compliance with this Agreement, and will be immediately and automatically void if you fail to comply with any term or condition of this Agreement. During and after the term, you will not be able to assert, nor will authorize, aid or encourage third parties to assert, against us or any of our affiliates, customers, suppliers, partners, or licensees, any violation of patents or Other rights require infringement of the property with respect to any Service Offerings you have used. You may only use the Hosting Marks in accordance with the Guidelines for the Use of Marks.

8.6 Suggestions. If you provide any suggestions to us or our affiliates, we have all rights, title and interest in and to the suggestions, even if you have designated the suggestions confidentially. We and our subsidiaries are authorized to use the suggestions without restrictions. You hereby irrevocably assign all rights, titles and interests to and for the suggestions and agree to provide all assistance we may need to document, perfect, and maintain our rights in the Suggestions.

9. Compensation.

9.1. General. You will defend, indemnify and hold us, our affiliates and licensors, and each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) that Arising out of or in connection with any third party claim in connection with: (a) your use or any End Users of the service offerings (including any activity under your hosting account and use of your employees and staff); (B) breach of this Agreement or violation of applicable law by you or any end user; (C) its content or the combination of its content with other applications, contents or processes, including any claim that involves the alleged infringement or misappropriation of the rights of third parties for its content or for the use, development, design, production, advertising Or commercialization of its content; Or (d) a dispute between you and any end user. If we or our affiliates are required to respond to a subpoena or other mandatory legal order or process described above, we will also reimburse us for reasonable attorneys' fees, as well as our employees' and contractors' past time and materials to respond To the subpoena of third parties or other mandatory legal order or process in our hourly rates in force at that time.

9.2. Process. We will promptly notify you of any claim subject to Section 9.1, but our inability to give notice will only affect your obligations under Section 9.1 to the extent that our failure impairs your ability to defend yourself from the claim. You may: (a) use a lawyer of your own choosing (subject to our written consent) to defend against any claim; And (b) settlement of the record as it sees fit, provided you obtain our prior written consent prior to signing any agreement. We can also assume control of the defense and the resolution of the claim at any time.

10. Legal notice.

OFFERINGS Service is provided "AS IS". WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE OFFER OF SERVICES OR THE CONTENT OF THIRD PARTIES, INCLUDING THE WARRANTIES THAT THE OFFERINGS OF SERVICE OR CONTENT THIRD PARTIES WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM HARMFUL COMPONENT, OR THAT ANY CONTENT, INCLUDING ITS CONTENT OR THIRD PARTY CONTENT, WILL BE SECURE OR OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ENJOYMENT AND ANY WARRANTY ARISING OUT OF ANY TRADING COURSE OR COMMERCIAL USE.

11. Limitations of liability.

WE AND OUR AFFILIATES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS BE LIABLE FOR ANY COMPENSATION, REIMBURSEMENT OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING RESULTING FROM ANY (I) termination or suspension THIS AGREEMENT oR YOUR USE oR ACCESS oFFERINGS SERVICE, (II) OUR INTERRUPTION OF ANY oR ALL OF THE OFFERING SERVICES, oR (III) WITHOUT LIMITING OBLIGATIONS UNDER THE NIC, ANY unforeseen or unplanned shutdowns all or part OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF ELECTRICAL COURTS, system failures or other interruptions; (B) THE COST OF ACQUISITION OF GOODS AND SERVICES; (C) The investments, EXPENSES, OR UNDERTAKINGS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR ACCESS TO THE SERVICES OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS, ALTERATION OR DISPOSAL, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE THE CONTENT OR OTHER INFORMATION. IN ANY CASE, OUR AND OUR AFFILIATES AND LICENSORS, TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU REALLY PAY US. UNDER THIS AGREEMENT FOR THE SERVICE THAT HAS SETTLED THE DEMAND DURING THE 12 MONTHS PRIOR TO THE CLAIM.

12. Amendments to the Agreement.

We may modify this Agreement (including policies) at any time by posting a revised version on the hosting site or otherwise being notified, in accordance with Section 13.7. The modified terms will take effect after their publication or, in case we notify you by e-mail, as indicated in the e-mail. By continuing to use service offers after the effective date of any modification to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the hosting site on a regular basis for modification to this Agreement. The last modification of this Agreement on the date indicated at the beginning of this Agreement.

13. Miscellaneous.

13.1 Confidentiality and Advertising. You may use confidential information only in connection with the use of the service offerings set forth in this Agreement. You will not disclose the Confidential Housing Information during the Term, or at any time during the 5 year period from the end of the term. You shall take all reasonable steps to prevent the disclosure, dissemination or unauthorized use of Confidential Hosting Information, including, at a minimum, the steps we take to protect your own confidential information of the same nature. You will not post any press releases or make any other public communications with respect to this Agreement or the use of service offers. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, support or contribute to you or your business endeavors), or express or imply any relationship or affiliation between us and you Or any other person or entity except as expressly permitted by this Agreement.

13.2 Force Majeure. We and our affiliates shall be liable for any delay or breach of any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including cases of force majeure, labor disputes or other labor disputes, systemic Electrical, telecommunications, or other utility failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism or war.

13.3 Independent Contractors; Non-exclusive rights. We and you are independent contractors, and neither party, nor any of your respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for them products, services, concepts, systems or techniques that are similar or that compete with the products, services, concepts, systems or techniques developed or planned by the other party And (b) to assist third-party developers or system integrators who may offer products or services that compete with the other party's products or services.

13.4 Beneficiaries Without Third Parties. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement.

13.5 Rights of the US Government. Service offers are provided to the US Government. Such as "commercial elements", "commercial computer software", "commercial computer software documentation" and "technical data", with the same rights and restrictions of general application to service offerings. If you are using the service offer on behalf of the US Government And these terms do not meet the needs of the US Government. Or are incompatible with any aspect of federal law, you immediately discontinue the use of service offers. The terms "commercial item", "commercial computer software", "commercial computer software documentation" and "technical data" are defined in the Federal Procurement Regulations and the Defense Federal Acquisition Regulation Supplement.

13.6 Import and Export Compliance. In connection with this Agreement, each party shall comply with all applicable import, re-import, export, and lhosting re-export controls and regulations, including Export Administration Standards, international arms trafficking, and economic sanctions programs Of each country implemented by the Office of Foreign Assets Control. For the sake of clarity, you are solely responsible for compliance with the manner in which you choose to use the service offerings, including the transfer and processing of your content, the provision of your content to end users, and the hosting region in Which any of the above occurs.

13.7 Notification.

(A) to you. We may provide any notice to you under this Agreement by: (i) posting a notice on the hosting site; Or (ii) sending a message to the email address, then associated with your account. Notices we offer by posting on the hosting site will be effective after posting and notices that we provide you by email will be effective when email is sent. It is your responsibility to maintain your current email address. You will be considered to have received no email sent to the email address, then associated with your account when we sent the email, whether or not you actually receive the email.

(B) For Us. To realize under this Agreement, you must contact lodging as follows: (i) by fax at 305-741-2381; Or (ii) by personal delivery, express mail, or by registered or certified mail to Hospemex, Inc., 8369 NW 66 ST # 3752, Miami, FL 33166, United States. We may update the fax number or the address for notices to us by posting a notice on the hosting site. Notices provided by personal delivery will be effective immediately. Notices provided by fax or express mail will be effective one business day after they are sent. Notices that registered or certified mail will be effective three business days after they are sent.

(C) Language. All communications and notices prepared in connection with this Agreement shall be in the English language.

13.8 Allocation. You will not assign this Agreement or delegate or sublicense any of your rights under this Agreement, without our prior written consent. Any assignment or transfer in violation of this section 13.8 shall be considered null and void. Notwithstanding the foregoing, this Agreement shall be binding and shall be for the benefit of the parties and their respective successors and assigns.

13.9 No Exemptions. Failure by us to enforce any provision of this Agreement shall not constitute a present or future waiver of such provision or limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

13.10 Severability. If any part of this Agreement is held to be invalid or unenforceable, the remaining parts of this Agreement shall remain in full force and effect. Any invalid or unenforceable portion will be interpreted to effect and the intention of the initial part. If this construction is not possible, the valid or non applicable part will be removed from this agreement, but the rest of the Agreement will remain in full force and effect.

13.11 Applicable Law; Place. The receipt of the State of Florida, without reference to the conflict of laws, governs this Agreement and any dispute of any kind that may arise between you and us. Any dispute related in any way to service offerings or this Agreement in which a party seeks total relief of $ 7,500 or more shall be adjudicated in any state or federal court in Dade County, Florida. You give your consent to the exclusive jurisdiction and venue in such courts. We may seek injunctive or other protective measures from any state, federal, or national competent court of any actual or alleged infringement of our, our affiliates, or third party intellectual property or other proprietary rights. The United Nations Convention on the International Sale of Goods shall not apply to this Agreement.

13.12 Full agreement; English language. This Agreement includes the policies and is the entire agreement between you and us with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements or communications between you and us, whether written or verbal, in relation to the subject matter of this Agreement. Notwithstanding any other agreement between you and us, the data security and privacy provisions in section 3 of this Agreement contain the entire obligation of our and our affiliates as to the security, privacy and confidentiality of their content. We will not be liable for, and specifically object to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not materially amends this Agreement) and which is submitted by you in any order, , Acceptance, confirmation, correspondence or other document. If the terms of this document are inconsistent with the terms contained in any policy, the terms contained in this document are controlled, except that the Terms of Service will control this document. If we provide a translation of the English version of this Agreement, the English version of this Agreement will be checked for conflict.

14. Definitions.

  • "Acceptable Use Policy" means the policy currently available at http://hospemex.com/aup, as it may be updated by us from time to time.
  • "API" refers to an application program interface.

  • "Confidential Information" means any non-public information disclosed by us, our affiliates, business partners or us or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances Surrounding its disclosure, it should reasonably be understood to be confidential. Hosting Confidential information includes: (a) non-public information relating to our or our affiliates or business technology partners, customers, business plans, marketing and promotional activities, finance and other business matters; (B) third party information that we are required to maintain confidentiality; And (c) the nature, content and existence of the conversations or negotiations between you and us or our affiliates. Accommodation Confidential Information does not include any information that: (i) is or becomes available to the public without breach of this Agreement; (Ii) can be demonstrated by documentation that has been known to you at the time of your receipt from us; (Iii) it is received from a third party who did not acquire or divulge the same for an illegal or aggrieved act; Or (iv) may be demonstrated by documentation that has been independently developed by you without reference to the Confidential Hosting Information.

  • "Hosting Content" means that the Content or any of its affiliates make available in connection with the Services or on the hosting site to allow access to and use of the Services, including WSDLs; Documentation; Sample code; Software libraries; Command-line tools; And other related technologies. Accommodation content does not include Services.

  • "Hosting Brands" means any trademarks, service marks, service marks or trade names, logos and other hosting designations and their affiliates for us to make available to you in connection with this Agreement.

  • "Accommodation Maintenance Guidelines" means the guidelines currently available at http://hospemex.com/guidelines, as they may be updated by us from time to time.

  • Site hosting "means http://hospemex.com and any successor or related site designated by us

  • "Content" means software (including images of the machine), data, text, audio, video, images or other content.

  • "Documentation" is the developer guides, quick start guides, user guides, quick reference guides and other technical and operating manuals and specifications for the services located at http://hospemex.com/documentation, as such documentation is Update for us from time to time.

  • "End User" means any person or entity that, directly or indirectly through another user: (a) has access to or uses the Content; Or (b) otherwise use or access the Service Offerings under your account. The term "End User" does not include individuals or entities when accessing or using the Services or any Content under their own hosting account, instead of their account.

  • "Policies" means the Acceptable Use Policy, site conditions, Terms of Service, Trademark Guidelines, all restrictions described in the Hosting Content and the hosting site, and any other Policy or terms referred to in or embodied in this Agreement. Policies do not include technical documents and other marketing materials referenced on the hosting site.

  • "Privacy Policy" means the reference privacy policy currently at http://hospemex.com/privacy, as it may be updated by us from time to time.

  • "Service" means each of the web services available to us or our affiliates, including the web services described in the Terms of Service.

  • "Service Level Agreement" means all service level agreements that we provide with respect to the services and post on the hosting site, as they may be updated by us from time to time. The service level agreements we currently offer with respect to the Services are at http://hospemex.com/slas/ ,.

  • "Service Offerings" means the Services (including associated APIs), hosting content, hosting brands, hosting site, as well as any other product or service provided by us under this Agreement. Service offers do not include third party content.

  • "Terms of Service" means the rights and limitations for certain services located at http://hospemex.com/tos, as they may be updated by us from time to time.

  • "Terms of Use" refers to the terms of use located at http://hospemex.com/terms/, as they may be updated by us from time to time.

  • "Suggestions", all the proposed improvements to the service offers that you provide us.

  • "Term" means the term of this Agreement as described in Section 7.1.

  • "Third Party Content" means content made available to you by third parties on the hosting site or in conjunction with the Services.

  • "Trademark Use Guidelines" means the guidelines and license located at http://hospemex.com/trademark-guidelines/, as they may be updated by us from time to time.

  • "Your Content" means Content that you or any end user (a) perform on the Services, (b) the cause of interaction with the Services, or (c) upload to the Services under your account or otherwise transfer, Use or store in relation to your account.

  • "Your Submissions" means Content you post or do not submit to development forums, sample code repositories, public data repositories, or similar areas that are community-centered or hosted by the Services.
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