Please report any violations of the TOS, especially unsolicited commercial email (UCE) violations, to abuse@hostasaurus.com. For DMCA/copright claims click here.

1. ACCEPTANCE OF TERMS
   

   Hostasaurus, Inc. provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.hostasaurus.com/tos.php. In addition, when using particular Hostasaurus, Inc. services, you and Hostasaurus, Inc. shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
   

2. DESCRIPTION OF SERVICE
   

   You understand and agree that the Service is provided "AS-IS" and that Hostasaurus, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
   
   In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Hostasaurus, Inc. may host certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas or of the legal age as set by your local jurisdiction, which ever age is greater.
   

   Hostasaurus typically performs maintenance to the equipment and software responsible for our Services on Sunday mornings between 4:00 AM EST and 7:00 AM EST, when necessary. All reasonable efforts are made to require no interruption in Service while maintenance is performed. If scheduled maintenance is expected to impact site or email availability, effected users will be notified at least 48 hours in advance.

3. YOUR REGISTRATION OBLIGATIONS
   

   In consideration of your use of the Service, you certify that: (a) you will provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"), (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete, (c) you are not currently under the employ, contract or control, or otherwise represent the interests of, an entity who offers competing or similar services to Hostasaurus, including, but not limited to, the hosting of websites, shopping carts and mailing lists. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hostasaurus, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hostasaurus, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Hostasaurus, Inc. maintains the right to seek legal remedy against those who knowingly misrepresent themselves in violation these aforementioned requirements.
   

4. ACCOUNT PAYMENT
   

   You agree that for billing purposes Hostasaurus may automatically bill your credit card for recurring hosting charges. Your billing period establishes the length of your service agreement, the minimum period is one month; accounts less then $15/month are billed quarterly or semi-annually. Charges are billed at the beginning of the service period and are for a minimum of one month; Service is not pro-rated for partial months if cancelled. Hostasaurus will continue billing you for the Service until cancellation is requested in writing (mail, fax or email) by the account holder. Ceasing your use of the Service is not an acceptable notification of cancellation. Hostasaurus may request additional information in order to verify the authenticity of any account changes. Any outstanding balances on the account must be cleared before the account is closed. New billing information may be submitted at any time at the following URL: http://www.hostasaurus.com/ccsubmit

   Verisign Payflow Pro accounts must be cancelled seven days prior to their monthly renewal due to shutdown processing time on Verisign's side. Accounts not cancelled at least seven days prior to renewal will be required to pay for the new month.

   Hostasaurus may, at its discretion, suspend hosting accounts within seven days of a declined charge or past-due check payment. This grace period may be eliminated if multiple payments by Customer are made past-due in any twelve-month period and the Service will be subject to immediate shutdown at the discretion of Hostasaurus.

   Domain names or retail SSL secure certificates registered through the Hostasaurus service will not be renewed automatically without the prior written permission of the account holder. All domain and SSL secure certificate registrations must be paid in full before registration and are not refundable once the domain or certificate has been renewed/registered. Shared .hostasaurus.com SSL certificates are considered services and are renewed annually unless cancelled or replaced with a retail certificate.

   Returned checks carry a $15 fee.

   Customers who have their credit card declined for two successive months or who decline more than twice in a given month will be charged a $5 processing fee.

   Customers can choose to pay quarterly, semi-annually or annually to receive a discount. Customers may switch between monthly and the other options at any time. Customers who switch their payment frequency in a way that requires a credit back to a credit card may be assessed an amount not to exceed 4% of the invoice in question for processing of such a change.

5. HOSTASAURUS, INC. PRIVACY POLICY
   

   Hostasaurus, Inc. does not resell or use your Registration Data for marketing purposes. All credit card information is encrypted with strong SSL and all methods to retreive your order information are encrypted. Hostasaurus may contact the account contact for notices regarding service changes or activites effecting the account.

   Hostasaurus, Inc may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation or governmental request. Hostasaurus, Inc assumes no obligation to inform you that such information has been provided and, in some cases, may be prohibited by law from providing you with notice.

   Additional privacy polices are discussed here: Privacy Policy.

6. MEMBER ACCOUNT, PASSWORD AND SECURITY
   

   You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account including those performed by any third party granted access to the Service by you. You agree to (a) immediately notify Hostasaurus, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Hostasaurus, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
   

7. MEMBER CONDUCT
   

   You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Hostasaurus, Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Hostasaurus, Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Hostasaurus, Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
   

   You agree to not use the Service to:
   

   1. upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, harassing, tortious or libelous;
   2. harm minors in any way;
   3. impersonate any person or entity, including, but not limited to, a Hostasaurus, Inc. official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
   5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
   7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, multi-level marketing, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; the first proven instance of this activity will result in a warning with the second resulting in account termination and forfeiture of any remaining credit with Hostasaurus, Inc. See the paragraph following this list for additional caveats to this rule.
   8. upload, post, email, transmit or otherwise make available 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;
   9. upload, post, install or otherwise make available any software, web page, cgi-script or other type of material that does any type of listening or request servicing on the Hostasaurus, Inc. servers. This includes, but is not limited to, chat room software daemons, any other type of server or daemon, or anything that does more than just service the current request and then exit. This requirement does not apply to dedicated server customers.
   10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; this includes behavior suggesting such activities are being actively planned.
   11. send mass/bulk mailings through the Hostasaurus outgoing POP/IMAP/Webmail mail servers even if lists are double opt-in and fully verified. You may utilize your own mailing software on your shared web space or dedicated server for these mailings. This restriction does not apply to Hostasaurus List Hosting plans. We enforce this rule to be sure a large mailing does not deny service to customers' e-mail accounts;
   12. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law. A violation of law, by nature, is considered to have occurred when a court of law rules to that effect.
   13. "stalk" or otherwise harass another; or
   14. collect or store data about other users of the Service.

   You acknowledge that you will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose or to consumers that have been verified to have opted-in to receiving your message whose purpose is promoting your Content, promoting third party revenue/referral-generating content, and/or services served by the Hostasaurus, Inc Service. All commercial non-transactional mailings must include a working, automated opt-out mechanism and opt-out requests will be honored within ten business days. All other additional CAN-SPAM regulations must be met for mailings. The first proven instance of a violation will result in a warning with the second resulting in account termination and forfeiture of any remaining credit with Hostasaurus, Inc. Hostasaurus, Inc. reserves the right to impose an administrative fee for the investigation of excessive abuse complaints to ensure complaints with these Terms of Service. Investigations will require that you produce documentation of how a complainant has "opted-in" to receive your message and on what date. All mailing lists must have "bad" (i.e., "bounced") member addresses purged regularly.

   You acknowledge that Hostasaurus, Inc. does not pre-screen Content, but that Hostasaurus, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is made available via the Service. If your use of the Service is in a 'shared' environment, meaning you are receiving Service on hardware that other customers are also using, and your use of the Service is determined to be consuming an abnormally large amount of resources, Hostasaurus, Inc. may require that your service be reprovisioned on 'dedicated' hardware specific to your account. Hostasaurus, Inc. takes no responsibility for any material created or accessible through the Service. Without limiting the foregoing, Hostasaurus, Inc. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Hostasaurus, Inc. or submitted to Hostasaurus, Inc., including without limitation information in Hostasaurus, Inc. Message Boards, and in all other parts of the Service.
   

   You acknowledge and agree that Hostasaurus, Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Hostasaurus, Inc., its users and the public.
   

   You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
   

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
   

   Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
   

9. PUBLIC CONTENT POSTED TO HOSTASAURUS, INC.
   

   (a) For purposes of the TOS, "publicly accessible areas of the Service" are those areas of the Hostasaurus, Inc. network of properties accessible by the general public. By way of example, a publicly accessible area of the Service would include public Hostasaurus, Inc. corporate content and Hostasaurus, Inc. Message Boards, but would NOT include private Hostasaurus, Inc. communication services such as Hostasaurus, Inc. mail, shared or dedicated hosting accounts, or areas off of the Hostasaurus, Inc. network of properties such as portions of World Wide Web sites that are not hosted or served by Hostasaurus, Inc.
   

   (b) With respect to Content you elect to post for inclusion in publicly accessible areas of Hostasaurus, Inc. websites, including photos or other graphics, you grant Hostasaurus, Inc. the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting Hostasaurus, Inc. This license exists only for as long as you elect to continue to include such Content on the Hostasaurus, Inc. site in question and shall be terminated at the time you delete such Content.
   

10. INDEMNITY
    

    You agree to indemnify and hold Hostasaurus, Inc. and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
    

11. GENERAL PRACTICES REGARDING USE AND STORAGE
    

    You acknowledge that Hostasaurus, Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, log files, Hostasaurus.Com message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Hostasaurus, Inc. servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Hostasaurus, Inc. has no responsibility or liability for the deletion, failure to store or failure to receive any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Hostasaurus, Inc. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Hostasaurus, Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

    You agree that if your account at any time exceeds monthly storage allotments, Hostasaurus, Inc. may charge your account a $5.00 service fee and up to $3.50 for each 100 MB of extra disk space consumed. Monthly transfer overage will be charged $2.50 per GB of overage. Lower rates may be negotiated. Please also see the following section regarding modification to the Service should you exceed your storage or traffic allotment for two consecutive months.

12. MODIFICATIONS TO SERVICE
    

    Hostasaurus, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Hostasaurus, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
    

    Hostasaurus, Inc. reserves the right to deny access to the Service in its entirety for accounts in a past-due payment status; this includes the Service itself and any associated support.
    

    Hostasaurus, Inc. reserves the right to alter your hosting plan specifications and billing to include the necessary monthly traffic and/or disk space allotments to meet your usage if your resource usage exceeds your plan for two consecutive calendar months. An increase in plan will always result in a lower amount billed than continuing to exceed your plan specifications.
    

13. TERMINATION
    

    You agree that Hostasaurus, Inc. in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Hostasaurus, Inc. believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Hostasaurus, Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Hostasaurus, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Hostasaurus, Inc. shall not be liable to you or any third-party for any termination of your access to the Service. These clauses will supplant the agreement outlined in the Hostasaurus, Inc. Contract.

    Customers may request the termination of the Service provided to them at any time. Customers under contract may be subject to an early termination charge if provided by the contract. Services from Hostasaurus are normally billed in advance and are non-refundable except in the case of quarterly, semi-annual or annual payments where a pro-rated portion of the pre-payment will be refunded minus any discount that had been provided for the pre-payment.

    Customers who accumulate multiple past-due invoices will have access to the Service, and the Service itself, terminated. Exceptions to this rule may only be granted by corporate officers of Hostasaurus, Inc. on a case-by-case basis.

    HOSTASAURUS WILL NOT INTERVENE OR BECOME INVOLVED IN ANY DISPUTES BETWEEN YOU AND A THIRD PARTY. HOSTASAURUS RESERVES THE RIGHT, IN ITS SOLE AND EXCLUSIVE DISCRETION, TO SUSPEND OR TERMINATE SERVICES UPON ITS RECEIPT OF ANY THIRD PARTY COMPLAINT THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THESE TERMS OF SERVICE, RECEIPT OF ANY COMMUNICATION FROM YOU OR A THIRD PARTY THAT MAY OTHERWISE SUBJECT HOSTASAURUS TO LIABILITY FOR ANY REASON, OR RECEIPT OF ANY COMMUNICATION FROM YOU OR A THIRD PARTY THAT MAY CAUSE HOSTASAURUS TO INCUR LEGAL FEES OR OTHER EXPENSES.

14. DEALINGS WITH ADVERTISERS
    

    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Hostasaurus, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
    

15. LINKS
    

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Hostasaurus, Inc. has no control over such sites and resources, you acknowledge and agree that Hostasaurus, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Hostasaurus, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
    

16. HOSTASAURUS, INC.'S PROPRIETARY RIGHTS
    

    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Hostasaurus, Inc. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
    

    Hostasaurus, Inc. grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Hostasaurus, Inc. for use in accessing the Service.
    

17. DISCLAIMER OF WARRANTIES
    

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    

    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOSTASAURUS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. HOSTASAURUS, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOSTASAURUS, INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
    
    

18. LIMITATION OF LIABILITY
    

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOSTASAURUS, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOSTASAURUS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
    

19. EXCLUSIONS AND LIMITATIONS
    

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
    

20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
    

    If you intend to create or join any service, receive or request any news, messages, alerts or other information from concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. Hostasaurus, Inc. shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
    

21. NOTICE
    

    Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
    

22. TRADEMARK INFORMATION
    

    The Hostasaurus, Inc. logo, name, marks, and other product and service names are trademarks of Hostasaurus, Inc. (the "Hostasaurus, Inc. Marks"). Without Hostasaurus, Inc.'s prior permission, you agree not to display or use in any manner, the Hostasaurus, Inc. Marks.
    

23. COPYRIGHTS and COPYRIGHT AGENTS or INTELLECTUAL PROPERTY
    

    Hostasaurus, Inc. is registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act ("DMCA").

    Infringement Notification Hostasaurus, Inc. respects the intellectual property ("IP")of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or infringement of other intellectual property, please provide Hostasaurus, Inc.'s Copyright Agent the following information by mail or fax:

    1. a physical signature of the person authorized to act on behalf of the owner of the copyright interest;
       
    2. a description of the work that you claim has been infringed;
       
    3. a description and URL of where the material that you claim is infringing is located on the site; this must be an exact URL or URL's to the material described above and not the base site URL;
       
    4. your address, telephone number, and email address;
       
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or IP owner, its agent, or the law;
       
    6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or IP owner or authorized to act on the copyright or IP owner's behalf.
    
    
    Hostasaurus, Inc. Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
    

    Hostasaurus, Inc. Copyright Agent
    3250 Parkside Center
    Tampa, FL 33619
    Tel: 813-217-4570
    Fax: 813-217-4574
    
    For DMCA questions ONLY, email copyright@hostasaurus.com.
    DMCA claims must be sent by mail or fax, not email.
    

    Counter Notification The administrator of an effected site may make a counter notification under the Digital Millenium Copyright Act (DMCA) Section 512(g)(2) and (3). To file a counter notification, you must submit to the Hostasaurus, Inc Copyright Agent the following information by mail or fax:

    1. your address, telephone number, and email address;
    2. Identification of the material and its location (URL) before removal;
    3. a statement by you, made under penalty of perjury, that the material was removed by mistake or misidentification;
    4. statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Hillsborough County, Florida if your address is outside of the United States), and that you will accept service of process or subpoena from the person who provided notification of infringement or an agent of such person.
    
    Under the DMCA Section 512(f), any person who knowingly misrepresents that material is infringing, or that it was removed/blocked by mistake, is liable for any resulting damages (including attorneys' fees) incurred by the alleged infringer, the copyright owner/licensee, and Hostasaurus, Inc.

24. GENERAL INFORMATION
    

    The TOS constitute the entire agreement between you and Hostasaurus, Inc. and govern your use of the Service, superceding any prior agreements between you and Hostasaurus, Inc. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Hostasaurus, Inc. shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Hostasaurus, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hillsborough, Florida. The failure of Hostasaurus, Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    

    The section titles in the TOS are for convenience only and have no legal or contractual effect.
    

25. INSURANCE
    

    For customers utilizing colocation or similar aspects of the Service where equipment not owned by Hostasaurus is used in conjunction with the Service, the Customer shall, at its sole cost and expense, procure, maintain, pay for and keep in force at all times throughout the term that the Customer receives Hostasaurus Service, the insurance coverage as specified below:

    • Comprehensive general liability coverage on an occurrence basis in an amount of $1 million (USD) combined single limit for bodily injury and property damage. Said coverage shall include contractual, owners and contractors protective, products/completed operations, occurrence property damage, personal injury and contingent employer's liability endorsements, a cross liability clause, shall name Hostasaurus, Inc. as an additional insured and contain a severability of interests clause;
    • All risk property coverage on a full replacement cost basis insuring all of the Customer's real and personal property situated on or within Hostasaurus owned, operated and/or utilized premises with the Customer and Hostasaurus, Inc. shown as loss payee to the extent of their respective interests. The policy shall contain a waiver by the Customer's insurers of any right of subrogation such insurer may or might have against Hostasaurus, Inc..

26. VIOLATIONS
    

    Please report any violations of the TOS, particularly unsolicited commercial email (UCE) violations, to abuse@hostasaurus.com. For DMCA/copright claims click here.