Terms of Service
1. Scope of Agreement.
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site and Services. The Agreement constitutes the entire and only agreement between you and Hostingbulk with respect to your use of the Site and Services, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services, Site, the content contained therein and/or any other products and services provided by or through same. Hostingbulk may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Site. Your continued use of the Site and/or Services following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check the Site for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Hostingbulk is not responsible or liable in any manner whatsoever for your inability to use the Site and/or Services.
2. Modification of Agreement.
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Hostingbulk is not responsible or liable in any manner whatsoever for your inability to use the Site, become a Member or use the Services.
The Site and Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.
The Basic Services are available without registration. In order to obtain Free Services and/or Premium Services, you must first submit the applicable application form ("Application") to Hostingbulk for review and initial approval. Hostingbulk reserves the right, in its sole discretion, to deny the Application of anyone at any time and for any reason, whatsoever. The information that you must supply on the Site in order to obtain Free Services may include, without limitation: (a) your e-mail address; (b) only where you request Facebook Connection Services, your Facebook (as defined below) account ID; and (c) any other information requested by us on the Application (collectively, "Free Services Registration Data"). The information that you must supply on the Site in order to obtain Free Services may include, without limitation: (i) your e-mail address; (ii) only where you request Facebook Connection Services, your Facebook account ID; (iii) your credit card information or PayPal (as defined below) information (depending on your preferred means of payment); and (iv) any other information requested by us on the Application (collectively, "Premium Services Registration Data" and, together with the Free Services Registration Data, the "Registration Data"). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. Hostingbulk will verify and approve all Applications in accordance with its standard verification procedures.
For purposes of the Agreement, "Facebook" shall mean Facebook Inc. Please be advised that Hostingbulk is not in any way affiliated with Facebook, and the Site and Services are neither endorsed, nor sponsored, by Facebook. Facebook is a registered trademark of Facebook Inc.
For purposes of the Agreement, "PayPal" shall mean PayPal, Inc. Please be advised that Hostingbulk is not in any way affiliated with PayPal, and the Site and Services are neither endorsed, nor sponsored, by PayPal. PayPal is a registered trademark of PayPal, Inc.
If Hostingbulk approves your Application to become a Free Member or Premium Member, you can set up your account ("Services Account") by selecting your: (A) user name; and (B) password. You can access your Services Account at the Site using your user name and password, and change your password and user name at your discretion. You are responsible for maintaining the confidentiality of your Services Account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Services Account, user name and password including, without limitation, any and all purchases made therethrough.
Hostingbulk may reject your Application and/or terminate your Membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: (a) where Hostingbulk believes that you are in any way in breach of the Agreement; and (b) where Hostingbulk believes that you are, at any time, conducting any unauthorized commercial activity by and through your Membership.
6. Description of Services.
Site users that possess the requisite technology shall have the opportunity to: (a) utilize the "Basic Services" in order to: (i) upload small size content files ("Member Content") at regular speeds to the Site; (ii) via the Site's functionality, generate a Uniform Resource Locator ("Member Content URL") through which such Member Content will be accessible to that Basic Member and any third party with which the Basic Member shares the Member Content URL; and (iii) utilize limited storage capacity for Member Content; (b) upon submitting an Application and receiving Hostingbulk'sapproval, utilize the "Free Services" in order to: (i) upload larger Member Content files to the Site, as well as third party websites where the Member has authorization and access ("Third Party Sites"), at faster speeds; (ii) via the Site's functionality, generate transferable Member Content URLs; (iii) utilize expanded storage capacity for Member Content; (iv) use the Site's "File Manager" functionality to zip, unzip, move, copy, delete, password protect and otherwise modify the Member Content files and Member Content URLs; and (v) upon such Free Member's request, distribute the Member Content URLs through such Free Member's Facebook account ("Facebook Connect Services"); and (c) upon submitting an Application and receiving Hostingbulk'sapproval, utilize the "Premium Services" for a fee in order to: (i) upload the largest Member Content files permissible to the Site at the fastest speeds available; (ii) via the Site's functionality, generate transferable Member Content URLs; (iii) utilize the maximum storage capacity for Member Content; (iv) use the Site's File Manager functionality to zip, unzip, move, copy, delete, password protect and otherwise modify the Member Content files and Member Content URLs; and (v) upon such Free Member's request, distribute the Member Content URLs through the Facebook Connect Services. Items (a) through (c) in the preceding sentence, including the Facebook Connect Services and File Manager features, shall be referred to herein collectively as the "Services." The various Services are more fully described below.
Hostingbulk will not be liable in any respect for lost, stolen or misdirected Member Content, for any failure to secure or protect Member Content and/or for failure use the File Manager features properly. You should keep copies of all Member Content submitted to the Site. You understand and agree that Hostingbulk is not responsible or liable in any manner whatsoever for your inability to utilize the Services including, but not limited to, the File Manager features.7. Member Content.
As a Member, you agree that you are solely responsible for the Member Content uploaded by you to the Site, and for any and all subsequent uses of the Member Content URLs. If you post Member Content, you represent and warrant that you have all necessary ownership or other rights in and to the Member Content enabling you to upload it on the Site, generate a Member Content URL and display the Member Content URL and associated Member Content as intended. Without limiting the foregoing, you agree to use the Services in a manner consistent with any and all applicable laws and regulations. In connection with the Member Content and Member Content URLs (collectively, "Content"), and your performance under the Agreement, you agree not to: (a) display any Content that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (b) display any Content that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (c) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third person; (d) display any audio files, text, photographs, videos or other images containing confidential information without prior authorization; (e) display any audio files, text, photographs, videos or other images that may be deemed obscene in your community, as defined under applicable law; (f) express or imply that any statements you make are endorsed by Hostingbulk, without our specific prior written consent; (g) harvest or collect personal information about end-users or other third parties, without their express consent; (h) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site, Services or related content; (i) interfere with or disrupt the Services, Site and/or the servers and/or networks connected to same; (j) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (k) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (l) "frame" or "mirror" any part of the Site and/or Services without our prior written authorization; (m) display any Content that could be considered exploitative of children in any way, whatsoever; and/or (n) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site and/or Services or any software used on or for same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your account and access to the Services without notice, in the sole discretion of Hostingbulk. Hostingbulk reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct. Without limiting the foregoing, Hostingbulk reserves the right to report any Content that could be considered exploitative of children in any way, whatsoever, to the National Center for Missing and Exploited Children's CyberTipline and any and all other applicable legal and regulatory bodies.
8. Non-Endorsement/Neutral Party.
Notwithstanding the foregoing, Hostingbulk undertakes no responsibility to monitor or otherwise police the Content made available by Members. Hostingbulk operates the Site and Services as a neutral party, and Hostingbulk does not regularly monitor, regulate or police the use of the Site and/or Services by any of its Members. The use of the Site and/or Services by a Member or otherwise does not constitute an endorsement by Hostingbulk of that Member. Hostingbulk is not responsible or liable for the acts, omissions, agreements, promises, content, Content, links, other products, services, comments, opinions, advice, statements, offers and/or other information made available by, or related to, any Member or other third party.
9. Premium Membership Fees.
Upon registering for the Premium Services and providing the requisite Premium Services Registration Data, the credit or debit card that you provided during registration or updated at a later date (Active Credit Card), or your PayPal account, as applicable, will be charged the applicable amount depending on the Premium Membership package selected.
Items (a) through (n) above shall be referred to collectively herein as the "Fees." All Fees will appear on your Active Credit Card bill or in your PayPal account, as applicable, as "Hostingbulk"
All Fees for items (a) through (g) are payable in United States currency. All Fees for items (h) through (n) are payable in European Union currency. Failure to use the Premium Services does not constitute a basis for refusing to pay any of the associated Fees. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Hostingbulk in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Hostingbulk reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Hostingbulk'sauthorization to provide and bill for the Premium Services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Hostingbulk'sreliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly. Your Premium Member account may be deactivated, and access to the Site and/or Services denied, for non-payment.
10. Cancellation of Membership.
You may cancel your Membership at any time if you are not completely satisfied. To cancel your Membership, simply cease using the Site and applicable Services and cancel the subscription with the applicable payment processor, if any. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Hostingbulk. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in Section 12 hereinbelow shall immediately terminate. The following conditions apply to any Premium Membership cancellation: (a) you shall not receive any pro-rata refund of your Fees for partial months or years; and (b) you shall not receive any refund for Fees previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid Fees billed by Hostingbulk.
As a Member, you may refer additional Members (each, a "Referral") to Hostingbulk. Where such Referrals submit Applications for Premium Membership, and where Hostingbulk accepts the application of the applicable Referrals ("Successful Referral"), the referring Member shall receive certain bonus payments from Hostingbulk ("Referral Payments"). For details regarding the Referral Payments, please Click Here. The Referral Payments shall only be available to Members whose accounts are in good standing. All determinations regarding Referrals and associated Referral Payments shall be made by Hostingbulk in its sole discretion. You understand and agree that Hostingbulk is not responsible or liable in any manner whatsoever for your inability to qualify for Referral Payments.
12. License Grant.
As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Member Content URLs, Site, Services and associated content (collectively, "Hostingbulk Content"). Hostingbulk may terminate this license at any time for any reason. Unless otherwise expressly authorized by Hostingbulk, you may only use the Site and the Hostingbulk Content for your own personal, non-commercial use. No part of the Hostingbulk Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Hostingbulk Content except as expressly permitted by Hostingbulk. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer Hostingbulk Content or any portion thereof. You may not create any "derivative works" by altering any aspect of the Hostingbulk Content. You may not use the Hostingbulk Content in conjunction with any other third-party content. You may not exploit any aspect of the Hostingbulk Content for any commercial purposes not expressly permitted by Hostingbulk. You further agree to indemnify and hold harmless Hostingbulk for your failure to comply with this Section 12. Hostingbulk reserves any rights not explicitly granted in the Agreement.
13. Proprietary Rights.
The Hostingbulk Content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Hostingbulk Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Hostingbulk Content is strictly prohibited. You do not acquire ownership rights to any Hostingbulk Content or other materials viewed at or through the Site. The posting of information or material at the Site does not constitute a waiver of any right in such information and/or materials.
14. Copyright Infringement Notice.
Pursuant to 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act, Hostingbulk reserves the right to terminate the account of any Member who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Hostingbulk and later confirmation through court order or an admission by the applicable Member that an account has been an instrument of unlawful infringement, Hostingbulk reserves the right to terminate the infringing Member's account and access to the Site and/or Services. Hostingbulk may also, in its sole discretion, decide to terminate a Member's Site and/or Services privileges prior to that time if it has a good faith belief that infringement has occurred. In addition, pursuant to 17 U.S.C. § 512(c), Hostingbulk has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Hostingbulk respects the intellectual property of others, and we ask our subscribers to do the same. If you believe that your copyright has been infringed through the use of the Services, or otherwise, please contact Hostingbulk
the form here: http://hostingbulk.com/contact.html
15. Legal Warning.
Any attempt by any individual, whether or not an Hostingbulk customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services is a violation of criminal and civil law and Hostingbulk will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
16. Representations and Warranties.
Member hereby represents and warrants to Hostingbulk that: (a) the Agreement constitutes Member's legal, valid and binding obligation which is fully enforceable against Member in accordance with its terms; (b) the execution, delivery and performance by Member of the Agreement, as well as the Member Content and any use thereof, will not conflict with or violate: (i) any provision of law, rule or regulation to which Member is subject; (ii) any order, judgment or decree applicable to Member; or (iii) any agreement or other instrument applicable to Member; (c) Member's performance under the Agreement, the Member Content and any use thereof, will not: (i) invade the right of privacy or publicity of any third party; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law, rule, Federal Trade Commission implementing regulation and/or court order; and/or (iv) otherwise violate the prohibitions contained in Section 7 above; and (d) Member will be solely responsible for the Member Content and any use thereof.
You agree to indemnify and hold Hostingbulk, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Hostingbulk Content in any way; (b) your breach of the Agreement; (c) the Member Content; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 17 are for the benefit of Hostingbulk, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
18. Disclaimer of Warranties.
THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, FILESERVE MAKES NO WARRANTY THAT THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FILESERVE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE, SERVICES, FILE MANAGER AND/OR MEMBER CONTENT URLS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FILESERVE OR OTHERWISE THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
19. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FILESERVE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FILESERVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE FILESERVE FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF FILESERVE TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, SERVICES, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, MAY BE BROUGHT BY YOU OR FILESERVE MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FILESERVE. ACCESS TO THE SITE, SERVICES, FILE MANAGER, MEMBER CONTENT URLS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS FILESERVE'SLIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
20. Third Party Websites.
The Site and/or Services contain links to other websites on the Internet that are owned and operated by third parties. Hostingbulk does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Hostingbulk of the applicable website or any association with the website's operators. Because Hostingbulk has no control over such websites and resources, you agree that Hostingbulk is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Hostingbulk shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.
21. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit and/or delete any Content, documents, information or other material appearing on the Site.
22. User Information.
23. Dispute Resolution Provisions.
The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Site, Services and/or terms and conditions of the Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Hostingbulk and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Hostingbulk incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
25. How to Contact Us.
If you have any questions about the Agreement or about the practices of Hostingbulk, please feel free to contact us here.