Effective date: April 10, 2018
- We employ other companies and individuals to perform functions on our behalf ("Service Providers"). They have access to your information needed to perform their functions, but may not use it for other purposes.
- By using our Services or visiting the Website, you understand and agree that you may be given the opportunity to share or submit information about yourself and your property ("User Content") to the Company.
1. INFORMATION WE COLLECT
Depending on which Services or portions of the Website you use, we collect different kinds of information from or about you.
Things you do and information you provide.
Many of the Services require you to sign up with the Website and/or create a profile. When you sign up with the Website or create a profile, we collect the User Content you submit and other information you provide - this may include personal or private information you share and provide, such as your name or business name, address, telephone number, payment information, and email address(es). Additionally, the collected information may include information in or about the content you provide and the communications you send and receive, such as the date a file was created, when you created your account, or where you were when you sent or viewed a message to the Company. We also collect information about how you use our Services, such as the items or web pages you view or engage with, or the frequency and duration of your activities on the Website.
Things others do and information they provide.
We collect content and information that other people, customers, users, visitors, Service Providers, or third-party businesses provide when they use our Website and/or Services.
Your networks and connections.
The Website and Services may allow you to communicate with other Users. If you communicate with other Users through the Website, we reserve the right to collect that information. Specifically, about the people, third-party businesses, customers, users, visitors and groups you communicate with and are connected with through the Website. We also reserve the right to collect contact information you provide if you upload, sync or import this information from a device onto the Website.
Information about payments.
If you use our Services for purchases or financial transactions (such as buying or selling an IPv4 Address), we may utilize a Service Provider in some cases to process that payment and will collect information about the purchase or transaction. This includes your payment information, such as your credit or debit card number and other card information, and other account and authentication information, as well as billing, shipping and contact details.
We reserve the right to collect information from or about the computers, phones, or other devices where you install or access our Websites and/or Services. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. Below is a non-exhaustive list of some examples of the device information we collect:
- Attributes such as the operating system, hardware version, device settings, file and software names and types, and device identifiers.
- Device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals.
- Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.
- When you use a mobile device like a tablet or phone to access our Service or Website, we may access, collect, monitor, store on your device, and/or remotely store one or more "device identifiers." Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by Company.
Information from websites and apps that use our Services.
We reserve the right to collect information when you visit or use third-party websites and apps that use our Services. This includes information about the websites and apps you visit, your use of our Services on those websites and apps, as well as information the developer or publisher of the app or website provides to you or us.
Information from third-party business partners.
For Website visitors, customers, Users, and others who access or use the Services: we receive information about you and your activities on and off the Website from third-party business partners and Service Providers, such as information from a partner when we jointly offer services or from an advertiser about your experiences or interactions with them.
Cookies and similar technologies.
"Cookies" are pieces of information that are sent to your browser and stored in your computer's hard drive. Cookies enable us to more easily communicate and interact with you. You may disallow cookies through your web browser and still browse and shop on our Website. Certain features and functions of the Website may not be available or function properly if you disallow cookies.
Once placed onto your machine, the cookie will allow the Website to "recognize" you as a unique individual. We use these cookies to associate individual customers with their information profiles and accounts and to track the uses of the web pages on our Website. No personal information of any kind is stored in these cookies.
They are not passed on to any third parties.
Follow the instructions provided by your web browser or mobile browser (usually located within the "Help", "Tools" or "Edit" facility) to modify your cookie settings.
Ownership of Information.
Company is the sole owner of the information collected through the Website and Services, which includes:
- Your username, password and e-mail address(es) when you register for an account, sign up with Website, or create a profile through the Service.
- Profile information that you provide for your user profile (e.g., first and last name, phone number, e-mail address, etc.).
- Communications between you and Company. For example, Company may send you emails related to the Services or Websites (e.g., account verification, changes/updates to features of the Website(s), technical and security notices). Note that you may not opt out of these e-mails.
- Communications between you and others Users utilizing the Company Services. For example, while using Company, you may be able to communicate with other Users about a transaction. Company will collect and is the sole owner of those communications. Note that you may opt out of these communications at anytime
2. HOW WE USE THE INFORMATION WE COLLECT
§ help you efficiently access your information after you sign in;
§ provide our Services;
§ send you information about our Services;
§ remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
§ provide, improve, test, and monitor the effectiveness of our Service;
§ develop and test new products and features;
§ monitor metrics such as total number of visitors, traffic, and demographic patterns;
§ diagnose or fix technology problems; and
§ automatically update the Company application on your device.
We also use your email address to communicate with you about your account and to send you certain notification and marketing emails.
Communicate with you.
We use your information to send you communications, communicate with you about our Services and let you know about our policies and terms. We may use your email address or other personally identifiable information to send marketing messages and notifications from time-to-time. You may unsubscribe or change the frequency of email notifications by emailing us at email@example.com.
In certain instances, Company may also send you notifications on behalf of third-party businesses or Service Providers. You may opt out of these messages from third-party businesses and decide what third-party businesses may communication with you on their own or through Company. We also use your information to respond to you when you contact us.
Promote safety and security.
We use the information we have to help verify accounts and activity, and to promote safety and security on and off of our Website, such as by investigating suspicious activity or violations of our terms or policies. We work hard to protect your account using automated systems and advanced technology such as encryption and machine learning.
3. SHARING OF YOUR INFORMATION
We will not rent, lease, or sell your information to third-parties outside the Company without your consent, except as noted in this Policy.
Parties with whom we may share your information.
We may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you, the "Service Providers". Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
We may remove parts of data that can identify you and share anonymized data with other third-parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
Parties with whom you may choose to share your User Content.
If you decide to create a profile or account and sell an IPv4 Address, that content and information about your property may be visible to members of the public.
If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties using the Services have copied or saved that information.
Responding to legal requests and preventing harm.
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
4. HOW WE STORE YOUR INFORMATION
Storage, Security, and Processing.
Your information collected through the Service will be stored and processed in the United States, and may be stored and/or processed in any other country in which Company or its Service Providers maintain facilities or equipment.
Company or its Service Providers may transfer information that we collect about you, including your personal information, across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
We use commercially reasonable safeguards to help keep the information collected through the Service secure. However, Company cannot ensure the security of any information you transmit to Company or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Company, at all times. We are not responsible for the functionality, privacy, or security measures of any other organization.
5. YOUR CHOICES ABOUT YOUR INFORMATION
Your account information and profile/privacy settings.
You may update your account at any time by logging in and changing your profile settings. Additionally, to stop receiving communications from Company or third-party businesses, you may modify your account settings. To unsubscribe from email communications, click on the "unsubscribe link" provided in such communications. You may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).
How long we keep your User Content.
Following termination or deactivation of your account, Company, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.
"Do Not Track" Signals.
Note that your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and online services you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, we currently do not alter our practices when we receive a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," you may wish to visit (www.allaboutdnt.com).
6. CHILDREN'S PRIVACY
Company does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service, Website, and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
7. OTHER WEB SITES AND SERVICES
8. CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits members of the Services(s) who are California residents to request certain information regarding the disclosure of any personal information to third parties for their direct marketing purposes. Whether you live in California or not, to make such a request, please send an e-mail to firstname.lastname@example.org.
9. YOUR DATA PROTECTION RIGHTS
Company would like to make sure you are fully aware of all of your data protection rights. Every User is entitled to the following:
The right to access.
You have the right to request Company for copies of your personal data. We may charge you a small fee for this service.
The right to rectification.
You have the right to request that Company correct any information you believe is inaccurate. You also have the right to request Company to complete information you believe to be incomplete.
The right to erasure.
You have the right to request that Company erase your personal data, under certain conditions.
The right to restrict processing.
You have the right to request that Company restrict the processing of your personal data, under certain conditions.
The right to object to processing.
You have the right to object to Company's processing of your personal data, under certain conditions.
The right to data portability.
You have the right to request that Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at: email@example.com.
10. HOW TO CONTACT US
Last Revised: June 1, 2019
Company owns and operates www.IPv4connect.com (the "Site"). Whether you are simply browsing, using this Site, or reserving Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:
The terms "we", "us" or "our" shall refer to Company. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Company may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account ("Account") information current. Company assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or no longer existing email address. In addition, Company may terminate your use of Services for any violation or breach of any of the terms of this Agreement by you.
2. ELIGIBILITY; AUTHORITY
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Company shall not be liable for any loss or damage resulting from Company's reliance on any instruction, notice, document or communication reasonably believed by Company to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Company reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
3. ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Company that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Company has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Company reserves the right (but undertakes no duty), in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, and Payment Method(s) (as defined below). For security purposes, Company recommends that you change your password at least once every six (6) months for each Account. You must notify Company immediately of any breach of security or unauthorized use of your Account. Company will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Company or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
4. AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
All paid services, when applicable, are non-refundable.
COMPANY RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.
5. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
You will not use this Site or the Services in a manner (as determined by Company in its sole and absolute discretion) that:
· Is illegal, or promotes or encourages illegal activity;
· Promotes, encourages or engages in child pornography or the exploitation of children;
· Promotes, encourages or engages in terrorism, violence against people, animals, or property;
· Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
· Infringes on the intellectual property rights of another User or any other person or entity;
· Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
· Interferes with the operation of this Site or the Services found at this Site;
· Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
· Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Company or Company's Services.
You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by Company.
You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
You will not re-sell or provide the Services for a commercial purpose, including any of Company's related technologies, without Company's express prior written consent.
You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity if and/or when requested.
6. YOUR USE OF COMPANY CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section apply specifically to your use of Company Content and User Content posted to Company's Site. The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Company Content. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Company Content"), are owned by or licensed to Company in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Company Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Company reserves all rights not expressly granted in and to the Company Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage ideas, opinions, recommendations, or advice ("User Submissions"). User Submissions include, but are not limited to, forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity. User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to Company that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Company Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Company Content or the User Content therein.
7. COMPANY'S USE OF USER CONTENT
The provisions in this Section apply specifically to Company's use of User Content posted to Company's corporate websites (i.e., those sites which Company directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree that:
· Your User Submissions are entirely voluntary.
· Your User Submissions do not establish a confidential relationship or obligate Company to treat your User Submissions as confidential or secret.
· Company has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
· Company shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
With Respect to User Content (Other Than User Submissions). By posting or publishing User Content to this Site or through the Services, you authorize Company to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant Company a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Company's (and Company's affiliates') business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.
8. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
Company generally does not pre-screen User Content (whether posted to a website hosted by Company or posted to this Site). However, Company reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Company may remove any item of User Content and/or terminate a User's access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Company in its sole and absolute discretion), at any time and without prior notice. Company may also terminate a User's access to this Site or the Services found at this Site if Company has reason to believe the User is a repeat offender. If Company terminates your access to this Site or the Services found at this Site, Company may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
9. ADDITIONAL RESERVATION OF RIGHTS
Company expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Company in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Company in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of Company, its officers, directors, employees and agents, as well as Company's affiliates, including, but not limited to, instances where you have sued or threatened to sue Company, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website.
Company expressly reserves the right to terminate, without notice to you, any and all Services where, in Company's sole discretion, you are harassing or threatening Company and/or any of Company's employees.
10. NO SPAM
We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
11. TRADEMARK AND/OR COPYRIGHT CLAIMS
Company supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact Company at firstname.lastname@example.org
12. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Company. Company assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Company does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Company from any and all liability arising from your use of any third-party website. Accordingly, Company encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
13. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL COMPANY'S TOTAL AGGREGATE LIABILITY EXCEED $1,000.00 U.S. DOLLARS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
You agree to protect, defend, indemnify and hold harmless Company and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by Company directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
16. DISCONTINUED SERVICES; END OF LIFE POLICY
Company reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice.
Company will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
17. RESERVATION OF IPV4 ADDRESS BLOCK
You may reserve internet protocol version 4 addresses (collectively "IPv4 Address Block") which are offered on the Site (hereinafter referred to as making a "Reservation"). To make a Reservation, you must use the "Reserve Now" button for the IPv4 Address Block which you want to reserve. You may reserve no more than one (1) IPv4 Address Block at any given time. The Company reserves the right to refuse any User the opportunity to make a Reservation, at any time and for any reason or no reason at all, with or without notice to you, in the sole discretion of the Company.
Once you have made a Reservation, the specific IPv4 Address Block will be held for a period not to exceed five (5) business days from the time that the Company provides to you the latter of the (i) IPv4 Address Block information and (ii) the IPv4 Transfer Agreement (such five (5) business day period is hereinafter referred to as the "Reservation Period"). During the Reservation Period you will have the opportunity to conduct due diligence on the IPv4 Address Block and to review, execute, and return the IPv4 Transfer Agreement. The Company reserves the right to cancel a Reservation, at any time and for any reason or no reason at all, with or without notice to you, in the sole discretion of the Company.
To purchase the reserved IPv4 Address Block, you must execute and return the IPv4 Purchase Agreement prior to the end of the Reservation Period. If you do not return the executed IPv4 Purchase Agreement for the reserved IPv4 Address Block before the end of the Reservation Period, you will not be allowed to make a Reservation for that specific IPv4 Address Block at any later time. The IPv4 Purchase Agreement will govern the purchase of the IPv4 Address Block.
18. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
19. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
20. U.S. EXPORT LAWS
This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control ("OFAC"), State Department, and other United States authorities (collectively, "U.S. Export Laws"). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including "anti-boycott", "deemed export" and "deemed re-export" regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
21. COMPLIANCE WITH LOCAL LAWS
Company makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
22. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
23. ENGLISH LANGUAGE CONTROLS
This Agreement, along with all policies incorporated herein by reference (collectively, the "Agreement"), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail.
24. CHOICE OF LAW
Your access to and use of the Site and the terms of this Agreement are and shall be governed by the laws of the state of Nevada, without reference to the conflict of law provisions of any given jurisdiction and without regard to the location of you or your employer. In the event that a court or other tribunal of competent jurisdiction holds any part of this Agreement to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary, so that the remaining terms and conditions shall otherwise remain in full force and effect. If any provision of this Agreement is determined to be invalid, all other provisions will remain in force.
25. FORUM AND CLAIM LIMITATIONS
Any and all disputes arising by reason of or in connection with the Site, this Agreement, or the use of, or inability to access, the Site or the Services which may arise shall be litigated before a court located in the state of Nevada to the exclusion of the courts of any other state or country.
27. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
+1 (702) 560-5616