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acceptance of terms through use
By using this site, you signify your agreement to all terms, conditions, and notices
contained or referenced herein (the “Terms of Use”). If you do not agree to these
Terms of Use please do not use this site. We reserve the right, at our
discretion,
to update or revise these Terms of Use. Please check the Terms periodically for changes.
Your continued use of this site following the posting of any changes to the Terms
of Use constitutes acceptance of those changes.
agreement to rules and user conduct
You agree to abide by HalfOffServers.com’s Acceptable Use Policies, including but not limited to, agreeing not to use this site for any unlawful purpose. A copy of the Acceptable Use Policies, which you should review, can be found here.
third party sales
This site may produce automated search results or otherwise link you to other sites
on the Internet. These sites may contain information or material that some people
may find inappropriate or offensive. These other sites are not under the
control of
HalfOffServers.com, and you acknowledge that HalfOffServers.com is not responsible
for the accuracy, copyright compliance, legality, decency, or any other aspect of
the content of such sites. The inclusion of such a link does not imply endorsement
of the site by HalfOffServers.com or any association with its operators.
proprietary rights
You acknowledge and agree that all content and materials available on this site are
protected by copyrights, trademarks, service marks, patents, trade secrets, or other
proprietary rights and laws. Except as expressly authorized by HalfOffServers.com,
you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit, or create derivative works
from such materials or content. Notwithstanding the
above, you may print or download
one copy of the materials or content on this site on any single computer for your
personal, noncommercial use, provided you keep intact all copyright and other proprietary
notices. Systematic retrieval of data or other content from this site to create or
compile, directly or indirectly, a collection, compilation, database or directory
without written permission from HalfOffServers.com is prohibited. In addition, use
of the content or materials for any purpose not expressly permitted in these Terms
of Use is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes
of any materials or design elements on this site is strictly prohibited without the
express written permission of HalfOffServers.com. Permission is granted only when
certain
limited criteria are met. For information on requesting such permission, please email
legal@halfoffservers.com.
user’s grant of limited license
By posting or submitting content to this site, you:
1. Grant HalfOffServers.com and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
2. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by HalfOffServers.com will not infringe or violate the rights of any third party.
procedures for making claims of copyright infringement
The Digital Millennium Copyright Act provides limitations for service provider liability relating to material online with regard to information residing, at the discretion of the user, on a system or network that the service provider controls or operates. 1U.S. Code §512 (c). The designated agents for notification of claimed infringement are:
HalfOffServers.com
Attn: Legal Council
copyright@halfoffservers.com
If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
2. a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
4. identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
5. your name, address, telephone number, and e-mail address.
6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
7. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Any other legal issues or concerns should be directed in writing to
the above address.
disclaimer of warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. HalfOffServers.com, ITS SUBSIDIARIES, AND ITS LICENSERS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
limitation of liability
UNDER NO CIRCUMSTANCES SHALL HalfOffServers.com, ITS SUBSIDIARIES, OR ITS LICENSERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DIVE EXPRESSION’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HalfOffServers.com’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
indemnification
Upon a request by HalfOffServers.com, you agree to defend, indemnify, and hold harmless HalfOffServers.com and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. HalfOffServers.com reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with HalfOffServers.com in asserting any available defenses.
international use
HalfOffServers.com makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
choice of law and forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the jurisdiction of Tarrant County, located in the State of Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
severability and integration
Unless otherwise specified herein, this agreement constitutes the entire agreement
between you and HalfOffServers.com with respect to this site and supersedes all prior
or contemporaneous communications and proposals (whether oral, written, or electronic)
between you and HalfOffServers.com with respect to this site. If any part of these
Terms of Use is held invalid or unenforceable, that portion shall be construed in
a manner consistent with applicable law to reflect, as nearly as possible,
the original
intentions of the parties, and the remaining portions shall remain in full force
and effect.
termination
HalfOffServers.com reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.