HostingDude.com News-Blazer End User Service Agreement
This News-Blazer Service Agreement ("Agreement") is by and between HostingDude.com, a/an individual ("HostingDude.com"), and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of HostingDude.com's News-Blazer service (the "Services") and represents the entire agreement between You and HostingDude.com. By using the Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies including the Universal Terms of Service which HostingDude.com may establish from time to time. Such Agreements may be found here.
All HostingDude.com policies and agreements related to Your use of this service are incorporated herein and made part of this Agreement by reference. By purchasing and using the Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which HostingDude.com may establish from time to time, and any agreements that HostingDude.com is currently bound by or will be bound by in the future.
1. the service
HostingDude.com currently provides the News-Blazer service to its customers on per unit model. HostingDude.com will provide You with the ability to monitor key words and police your Trademarks, provided, however, You abide by the terms and conditions set forth herein and in each of HostingDude.com' s policies and procedures.
News-Blazer service allows You to:
Create a customized list of your key words and Trademarks;
Search the Internet for uses of the key words and Trademarks on your custom list; and
Create and send cease and desist letters to infringers notifying them of Your rights to the Trademark.
Availability of Services
Subject to the terms and conditions of this Agreement, HostingDude.com shall attempt to provide News-Blazer service for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the News-Blazer service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which HostingDude.com may undertake from time to time; or (iii) causes beyond the control of HostingDude.com or which are not reasonably foreseeable by HostingDude.com, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that HostingDude.com has no control over the availability of News-Blazer service on a continuous or uninterrupted basis.
2. limitation on service
HostingDude.com is a service provider, not a law firm. Therefore, HostingDude.com will not proofread or conduct legal research or other such inquiries to ensure that You have a valid Trademark, the rights You assert using News-Blazer service are valid or that the infringer does not have a defense. The News-Blazer service does not act as legal representation and will not give You legal advice on how You should police your Trademarks. You specifically represent and warrant that You are the rightful owner of the Trademarks and that You are not infringing the legal or other rights of a third party by engaging HostingDude.com's Services hereunder.
HostingDude.com does not and cannot represent, warrant, guarantee, promise or otherwise assure You that:
Any infringer will comply with Your requests;
Your Trademarks are valid and enforceable; or
That the infringer does not have a valid defense.
Furthermore, HostingDude.com does not and cannot guarantee that creating and sending cease and desist letters from the News-Blazer service will cause You to be successful in any future litigation concerning Your intellectual property rights.
3. your obligations
By using the News-Blazer service, You agree that You are age eighteen (18) or over. The News-Blazer service is available only to persons who can make legally binding contracts under applicable law.
You also agree that You will not use the News-Blazer service to:
assert rights You do not have, or
harass others who have similar or senior rights in the Trademark or key word
You agree that You have provided accurate, current and complete information in the application process and that You will notify HostingDude.com within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by HostingDude.com to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if HostingDude.com has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, HostingDude.com has the absolute right, in its sole discretion, to terminate its News-Blazer service and close Your account.
By using News-Blazer service, You warrant that the information You use in any cease and desist letter is true and that the You have the rights asserted by using News-Blazer service. You agree to give HostingDude.com permission to copy and/or store Your customized list of Trademarks and key words and the distribution list cease and desist letters generated by News-Blazer service are sent to. HostingDude.com will not use this information in any way that violates its Privacy Policy. HostingDude.com has the right but not the obligation to copy and/or store such data.
Intellectual Property
Except as expressly stated elsewhere in this Agreement, this Agreement does not grant You any rights in News-Blazer service and all rights are reserved by HostingDude.com. You agree that the News-Blazer service, the names and logos of HostingDude.com and all related product and service names, design marks and slogans, are the property of HostingDude.com and its affiliates, and that You are not authorized to use any of them in any advertising, publicity, or other commercial venture without the prior written consent of HostingDude.com.
Storage and Security
At all times, You shall bear full risk of loss and damage to News-Blazer service. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your News-Blazer service. You shall be solely responsible for undertaking measures to: (i) maintain independent archival and backup copies of Your cease and desist letters; and (iii) ensure the confidentiality of Your password. HostingDude.com' s News-Blazer service are not an archive and HostingDude.com shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify HostingDude.com, whereupon HostingDude.com shall suspend access to Your News-Blazer account by use of such password and issue a replacement password to You or Your authorized representative. HostingDude.com will not be liable for any loss that You may incur as a result of someone else using Your password or Service, either with or without Your knowledge. However, You could be held liable for losses incurred by HostingDude.com or another party due to someone else using Your Service or password.
Generally, HostingDude.com will not disclose the information You place in Your News-Blazer account without Your express permission, in accordance with our Privacy Policy. HostingDude.com does not sell personal information.
4. HostingDude.com 's rights
HostingDude.com explicitly reserves the right and sole discretion to: (i) modify its pricing through email notification; (ii) review Your use of News-Blazer service for excessive space and bandwidth utilization and to terminate Your Service or apply additional fees if You exceed allowed levels; (iii) establish limits and guidelines concerning the use of News-Blazer service, including but not limited to the maximum number of trademarks monitored or cease and desist letters sent through our servers and the maximum number of occasions that You may access our servers using News-Blazer service in any given period of time; (iv) terminate Your News-Blazer service for use of News-Blazer service to unnecessarily or illegal harass; assertion of rights not Yours to assert; non-payment of News-Blazer service fees; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that HostingDude.com determines to be harmful to its other customers, operations, or reputation; (v) terminate Your News-Blazer service if Your use of the Service results in, or is the subject of, legal action or threatened legal action, against HostingDude.com or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, and (vi) terminate Your Service if You have not accessed or logged into it for ninety (90) days. If HostingDude.com terminates Your Service, it may, at its own option, remove and destroy data and files stored by You on its servers. HostingDude.com has no obligation to monitor Your News-Blazer service, but reserves the right in its sole discretion to do so.
For every email You send out using News-Blazer service, You agree that HostingDude.com may automatically attach a notice to it stating that the email was powered by News-Blazer service or a similar message.
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