TRUECAST WEB HOSTING USE AGREEMENT AND ACCEPTABLE USE POLICY
revised 2005-02-16IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST DO SO AS IT IS PRESENTED TO YOUNO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY TRUECAST.
Truecast may change, add or remove any part of this Agreement, or any part of the Truecast web hosting services and features, including price, at any time. If it does so, Truecast will post such changes on the Truecast site.
IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING TRUECAST WEB HOSTING. YOUR CONTINUED USE OF TRUECAST WEB HOSTING NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.
Hosting Use
To use Truecast web hosting, you must be at least 13 years old (or, for non-U.S. users, such older minimum age as may be required by applicable local law). If you are under the required age, you may still use Truecast web hosting (subject to applicable local non-U.S. law), but only if the account you are using was created and registered by your parent or legal guardian.
This Agreement is a legal document that sets forth your rights and obligations as a Truecast web hosting user. You cannot use Truecast web hosting until you have accepted the terms of this Agreement, and you must abide by the terms of this Agreement in order to have the right to use Truecast web hosting. Your use of Truecast web hosting is also subject to Truecast’s corporate Privacy Policy. This applies to this Agreement and the Privacy Policy as they currently exist and as they may be revised from time to time by Truecast.
When you accept this Agreement and complete the Truecast web hosting registration process, you become the account holder. As a Truecast web hosting account holder, Truecast provides you with a limited, non-exclusive license for no more than the term of your usership (or, if you are a trial user, for the term of your trial period) to use the user name and password provided to you for your account. Your user name, when confirmed by Truecast, is your on-line identity. Do not reveal your password to other users. Your account is at risk if you let someone use it inappropriately.
As used in this Agreement, “Content” means the text, software, communications, images, sounds, and all other information and materials you encounter or generate through your account or on-line through the Internet.
PAYMENT
If you elect to become a Truecast web hosting user, you agree to pay all charges for Truecast web hosting at the prices set forth on the Truecast web hosting site at the time of purchase and upon the terms set forth on that site and in this Agreement. All charges are exclusive of any value added tax (“VAT”), sales tax or other taxes, except as required by applicable law. Truecast reserves the right to change prices or to institute new charges for Truecast web hosting or any portion of Truecast web hosting at any time, upon prior notice. Price changes and institution of new charges implemented during your usership period will apply to subsequent usership periods and to all new Truecast web hosting users after the effective date of the change. All pricing changes will be posted on the Truecast web hosting site, and such posting shall be considered sufficient notice to you of such changes. You are responsible for regularly reviewing pricing information as posted so that you have notice of such changes. Your continued use of Truecast web hosting, or your failure to terminate your usership, after any such changes are posted (or effective) will constitute your acceptance of the prices for subsequent usership periods.
Consult your Truecast web hosting account management page for details on billing currency for services purchased on-line. Invoices will be provided electronically to your Truecast web hosting email account. Truecast will charge the annual Truecast web hosting usership fee, and any fees for additional Truecast web hosting features or services, to the credit card account provided by you. You also agree that Truecast may automatically charge your credit card for renewal of your usership without further authorization from you, unless and until you provide Truecast with at least five (5) days prior notice that you do not wish to renew your usership to Truecast web hosting or that you wish to change your previously designated credit card account. You may provide notice that you do not wish to renew your Truecast web hosting usership by clicking here. On an annual basis, you will receive an email to your Mac.com email address about 30 days prior to the anniversary of your usership. The email will remind you that the credit card you used for your original usership will be billed on the anniversary date. If you do not elect to renew your usership, all Content you have created and stored on Truecast web hosting will be deleted at the expiration of your usership period. (See “Authorization to Remove Content”, below.)
If payment is not received by Truecast from your credit card issuer or its agents, you agree to pay all amounts due from you for your Truecast web hosting usership, upon demand by Truecast.
CANCELLATION
Truecast will accept cancellations of your usership (and any “add-on” service) within the first thirty (30) days of your annual usership, and you will receive a prorated refund for the remainder of that annual usership period. Applicable local law may vary this policy.
AVAILABILITY OF THE SERVICE
While Truecast makes reasonable efforts to ensure that Truecast web hosting is available at all times, Truecast does not guarantee, represent or warrant that Truecast web hosting services will be uninterrupted or error-free, and Truecast does not guarantee that users will be able to access or use all the Truecast web hosting features at all times.
Subject to any specific license agreements for various Truecast web hosting software features (including third party software), Truecast may change, suspend or discontinue any (or all) aspects of Truecast web hosting at any time, including the availability of any Truecast web hosting feature. Truecast may also impose limits on the use of or access to certain features or portions of Truecast web hosting, or restrict your access to any part or all of Truecast web hosting, in all cases without notice or liability. You must read and accept any separate software or other license agreement or terms of use for particular products, services or features of Truecast web hosting, if you elect to use those products, services or features.
Truecast also does not guarantee or warrant that any Content you may have in your account at Truecast web hosting will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any important documents, images or other Content. Unless otherwise expressly provided in the terms of any service or feature offered in Truecast web hosting, Truecast will not be responsible for any archiving or backup of any such information. If any data, messages, images or other Content in your account and stored on the Truecast web hosting system is damaged, lost or corrupted in any way, Truecast will have no obligation or liability to you except as otherwise expressly set forth in any applicable individual software license agreement for any particular Truecast web hosting feature or service.
ACCEPTABLE USE POLICY GUIDELINES
Truecast encourages Truecast web hosting users to participate in the on-line world to express their views and to benefit from the interactive experience. However, it is important to reuser that there are rules and standards that you must abide by when you use Truecast web hosting, whether you are using Truecast web hosting on a trial basis or as a paying user. These rules and standards are described in this Agreement. As a Truecast web hosting user, you agree to comply with this Agreement, and you acknowledge that Truecast has the right to enforce this Agreement in its sole discretion. This means that if you, or anyone using your Truecast web hosting account (including anyone using any sub-account you may establish under your main account), violate the terms of this Agreement, Truecast may take any and all appropriate actionsthis can range from the issuance of a warning about a violation to the termination of your access privileges for Truecast web hosting to legal actionas Truecast deems necessary or appropriate. Truecast is not required to provide notice prior to terminating your Truecast web hosting access for violating these rules and standards, but it may choose to do so.
You are solely responsible for your conduct, and the conduct of anyone using your account or any sub-accounts, while using Truecast web hosting, including the contents of all email messages generated or forwarded, and all Content in any folders, home pages or other transmissions, information, images or other interactions generated, transmitted or maintained on or through your Truecast web hosting account or any sub-account. Truecast will not be responsible or liable in any way for any such on-line distribution or publication. Truecast cannot and will not review every message or other content which may generated or posted on or through your account (although Truecast reserves the right to monitor users’ use of Truecast web hostingsee “Investigations”, below), and Truecast will not be responsible for anything in any of those messages or Content.
Truecast reserves the right to delete, move or edit any item (email or other Content) that Truecast, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material Truecast believes may subject Truecast to any liability or which may cause Truecast to lose the services of any supplier, including but not limited to any Internet Service Providers (ISPs) which may provide services to Truecast web hosting users.
A user’s use of Truecast web hosting should conform to the requirements of the law, respect for the rights of other users of Truecast web hosting and third parties, and current standards for communicating on-line. By your use of Truecast web hosting, you agree to use appropriate conduct and language when you are onlinethis includes (but is not limited to) following the rules of any ISP, any other on-line services, this Agreement and all applicable state, local and federal laws (including non-U.S. law where appropriate).
Truecast reserves the right to terminate your access to Truecast web hosting at any time, with cause or without cause, in the event of any breach of this Agreement by you (or anyone using your account or any sub-account), your infringement of Truecast’s or Truecast web hosting’s or others’ intellectual property, or any other circumstances which, in Truecast’s sole discretion, merit termination. Any such termination may, if Truecast elects (and subject to applicable law), be without any refund to you of any prepaid fees or amounts.
Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.
Illegal, Tortious and Prohibited Conduct
Truecast web hosting may be used only for lawful and proper purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing Content that could subject Truecast to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws. If Truecast elects to terminate your right to use Truecast web hosting as a result of any illegal or prohibited conduct, Truecast may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees or other amounts to you.
Examples of prohibited conduct are:
* Posting obscene Content (including child pornography)* Planning illegal activity, such as building a bomb or counterfeiting money
* Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia
* Pretending to be anyone you are not you may not impersonate or misrepresent yourself as another person (including celebrities), another Truecast web hosting user, an Truecast employee, or a civic or government leader; Truecast reserves the right to reject or block any Truecast web hosting user name which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity
* Using false statements to get, or to attempt to get, account information or other private information from other Truecast web hosting or Internet users
* Engaging in copyright infringement or other intellectual property infringement, or disclosing trade secret or confidential information in violation of a confidentiality or nondisclosure agreement
* If you believe that illegal, tortious or other prohibited Content is being transmitted through any Truecast web hosting service, you may report it by filling out the abuse reporting form located in the “Reporting Abuse” section of the Truecast web hosting Help system.
Truecast reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. If Truecast decides to investigate or resolve possible misuse involving you or anything you do on Truecast web hosting, Truecast is entitled to disclose any information about you in Truecast’s possession in connection with your use of Truecast web hosting and anything you do with Truecast web hosting to law enforcement or other government officials, as Truecast in its sole discretion believes to be necessary or appropriate. By your acceptance of this Agreement and your use of Truecast web hosting, you authorize Truecast to take any such actions.
Objectionable Conduct and Content
It is essential that all Content on Truecast web hosting reflect the provisions of this Agreement. Truecast reserves the right to remove Content if Truecast becomes aware of any Content in any Truecast web hosting area which, in Truecast’s judgment, does not conform to this Agreement. Truecast may send you a warning about the violation of this Agreement if your Truecast web hosting account was responsible for putting objectionable Content on-line, but we reserve the right not to do so. At all times, Truecast reserves the right to terminate, with or without notice, the accounts of Truecast web hosting users who violate this Agreement. In such case, you will not be entitled to any refund of your annual usership fee or of any additional fees you may have paid for upgraded services (subject to applicable law).
Examples of objectionable conduct and Content that violate the Truecast web hosting acceptable use policy are:
* Harassing, threatening, or embarrassing another Truecast web hosting or Internet user, including unsolicited commercial communications* Stalking another Truecast web hosting or Internet user ("cyberstalking")
* Transmitting, storing or facilitating distribution of Content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person’s view) objectionable
* If you are an adult, requesting personal or other information from a minor (any person under the age of 18 or, in non-U.S. areas, such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends
* Posting Content that defames, abuses or threatens physical harm to others or yourself
Please reuser that these are only guidelines; there are always “gray areas.” Ask yourself if your communication is something that you would say in a room full of people you never met, or in the workplace. However, Truecast reserves the right to make the final determination about whether Content is objectionable or not.
If you encounter something you find inappropriate, you may report it by filling out the abuse reporting form located in the “Reporting Abuse” section of the Truecast web hosting Help system.
Copyright and Intellectual Property Infringement
Much of the Content available through Truecast web hosting is owned by others, and is protected by copyrights, trademarks, rights of publicity and other intellectual property rights. Before you upload or download any Content while using Truecast web hosting, make sure you have been given the legal right to do so by the owner of the content. The Mac OS X software folder on iDisk contains third-party software, which has been licensed by the developers thereof to Truecast.
* You may download and use this software for your own personal use, subject to any rights retained by the developers.* You must not copy, transmit, modify, distribute, show in public or in private, or create any derivative works from any of the Content you find through Truecast web hosting, unless you have the legal right to do so; and
* You must not make available serial numbers for software for the purpose of illegally validating or registering software.
Making unauthorized copies of any Content can lead to the termination of your Truecast web hosting access (without any refund of any prepaid fees or other amounts, subject to applicable law) and may even subject you to legal action. In addition, the owner of the Content may take criminal or civil action against you. If a Content owner takes legal action against Truecast because of your unauthorized use of Content, you agree (to the extent permitted by applicable law) to hold harmless and indemnify Truecast, its subsidiaries, affiliates, related companies, employees, officers, directors, agents and suppliers against any liability, claims, or demands, including the costs of Truecast hiring attorneys to defend against the action.
By submitting or posting Content on areas of Truecast web hosting accessible by the public, you are representing that you are the owner of such material or have authorization to distribute it. You hereby grant Truecast a worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt and publish any such public area Content solely for the purpose of displaying, distributing and promoting the area on which such Content is posted. Said license will be in effect only as long as you are a Truecast web hosting account holder (including any trial period use), and will terminate upon removal of such Content from the public area or when you are no longer a Truecast web hosting user or user, whichever happens first.
If you believe that any Content in which you claim copyright has been infringed by anyone using Truecast web hosting, please contact Truecast’s agent (see below), and provide the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. 512):
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;* Identification of the copyright work claimed to have been infringed, or (if multiple copyrighted works at a single on-line site are covered by a single notification) a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Truecast to locate the material;
* Information reasonably sufficient to permit Truecast to contact the complaining party;
* A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Truecast’s copyright agent for notice of claims of copyright infringement on or regarding Truecast web hosting can be reached as follows:
By email: Secure form
By mail:
Daniel Baldwin
6830 N Columbia Way #6
Portland, OR 97203
U.S.A.
Phone: (503) 737-3349
Violations of System and Network Security
Violations of system and network security are prohibited, and may result in criminal and civil liability. Truecast will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:
* Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network* Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network
* Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks
* Falsifying your user identity or providing other false information to Truecast or to other users of Truecast web hosting in connection with your use of Truecast web hosting or any feature of Truecast web hosting
* Posting viruses or software designed to create a virus or to do harm to Truecast web hosting, any Truecast web hosting users or users of Truecast web hosting, or any network
* Taking any other action to disrupt the normal use of Truecast web hosting or the Internet by other users
* Use of software that allows your account to stay logged on while you are not actively using the account.
* Unsolicited E-Mail (“Spamming” and “Mailbombing”)
This Agreement prohibits abuse of Truecast web hosting’s e-mail and related functionalities. Some specific examples of prohibited actions are as follows:
* Sending unsolicited bulk e-mail messages, including, without limitation, bulk commercial advertising and informational announcements (“bulk” means sending the same or substantially similar messages to more than 25 e-mail users in a single day); Truecast reserves the right to block unsolicited commercial e-mail if a Truecast web hosting user objects to receiving such e-mail, even if it is not considered “bulk” e-mail* Using information collected from any Truecast web hosting user or Truecast web hosting user directory or any other area of Truecast web hosting for the purpose of sending unsolicited e-mail, whether or not it qualifies as “bulk” e-mail
* Posting the same or similar messages to one or more Usenet or other news groups, forums, or e-mail mailing lists (excessive cross-posting or multiple-posting) (“excessive” includes posting the same or substantially similar messages to ten (10) or more groups in a single day)
* Forging of any TCP-IP packet header or any part of the header information in an e-mail or a news group posting, or otherwise putting information in the header designed to mislead recipients as to the origin of the message (“spoofing”)
* Using another site’s mail server to relay mail without the express permission of the other site
* Engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through a Truecast web hosting account, remailer, or otherwise through any feature of Truecast web hosting, or using a Truecast web hosting account as a mail drop for responses, or otherwise using the services of another provider for the purpose of facilitating the foregoing activities
* Exceeding Account Limitations
INVESTIGATIONS
TRUECAST RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR ALL TRUECAST WEB HOSTING FEATURES AND CONTENT, INCLUDING BUT NOT LIMITED TO A USE OF A USER’S MAIN ACCOUNT AND ANY SUB-ACCOUNTS, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT.
When Truecast becomes aware of possible violations, Truecast may initiate an investigation, which may include gathering information from any Truecast web hosting user or account involved, any third party and any complaining party.
During the investigation, Truecast may suspend or terminate any or all of a user’s Truecast web hosting accounts involved and/or remove the Content involved from Truecast’s system. If Truecast believes, in its sole discretion, that a violation of this Agreement has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate Content from the Truecast web hosting system, warnings to the Truecast web hosting user(s), and the suspension or termination of the account or accounts responsible.
If, as a result of any such investigation, Truecast believes that any criminal activity has occurred, Truecast reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.
BY BECOMING A TRUECAST WEB HOSTING USER, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST TRUECAST, AND TO HOLD TRUECAST HARMLESS AND INDEMNIFY TRUECAST WITH RESPECT TO ANY CLAIMS, RELATING TO ANY ACTION TAKEN BY TRUECAST AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE TRUECAST OR RECOVER ANY DAMAGES WHATSOEVER FROM TRUECAST AS A RESULT OF ITS DECISION TO REMOVE MATERIAL FROM THE TRUECAST WEB HOSTING SYSTEM, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR TRUECAST WEB HOSTING ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF TRUECAST’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
AUTHORIZATION TO REMOVE CONTENT
Truecast reserves the right to disable your access to Truecast web hosting and to remove any Content you may have stored on Truecast web hosting (including, but not limited to, email, HomePages, iDisk files and back-ups) under the following circumstances:
* Upon expiration of your usership period, if you do not renew, or upon cancellation of your usership.* If your credit card is declined upon renewal of your usership, or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Truecast.
Truecast will notify you via email to your supplied email address that your access to Truecast web hosting will be deactivated and that any Content residing in your account at the time of deactivation will be deleted.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE TRUECAST WEB HOSTING SERVICES ARE AT YOUR SOLE RISK. TRUECAST WEB HOSTING SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
TRUECAST DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH Truecast web hosting WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR OTHER HARMFUL COMPONENTS. TRUECAST’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY TRUECAST WEB HOSTING SHALL BE CANCELLATION OF YOUR ACCOUNT.
IN NO CASE SHALL TRUECAST, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF TRUECAST WEB HOSTING OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR TRUECAST WEB HOSTING USE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TRUECAST’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, TRUECAST DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH TRUECAST WEB HOSTING AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH TRUECAST WEB HOSTING. YOU HEREBY RELEASE TRUECAST FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.
NOTICES
Truecast may give notice to any Truecast web hosting user by sending an e-mail message to the user’s mailbox or by sending a letter via postal mail to the contact address listed in the user’s Truecast web hosting registration. Truecast web hosting users may contact Truecast by phone or our contact form on our website.
U.S. EXPORT CONTROLS
You agree to abide by U.S. and other applicable export control laws and not to transfer from the U.S., by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to your Truecast web hosting account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.
LEGAL PRINCIPLES
This Agreement is provided to you in English. This Agreement represents your entire agreement with Truecast with respect to Truecast web hosting. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, as a Truecast web hosting user, and Truecast.
If any part of this Agreement 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. Except as required by applicable non-U.S. local or national law, the laws of the State of Oregon, United States of America, excluding its conflicts of law rules, govern this agreement and your use of Truecast web hosting. Your conduct and use of Truecast web hosting may be subject to other local, state, national (U.S. and non-U.S.), and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Truecast regarding Truecast web hosting or relating in any way to your account or your use of Truecast web hosting resides in the courts of the State of Oregon. You further agree and expressly consent to the exercise of personal jurisdiction in the Oregon courts in connection with any such dispute, including any claim involving Truecast or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers with respect to Truecast web hosting.
Under Oregon Civil Code Section 1789.3, Oregon Truecast web hosting users receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the Oregon Department of Consumer Affairs may be contacted in writing. You can also access the Oregon Department of Consumer Affairs through its web site.
FOR NON-US TRUECAST WEB HOSTING USERS:
THE TRUECAST WEB HOSTING SERVICE IS PROVIDED BY TRUECAST DESIGN STUDIO., AND NOT BY ANY OF ITS SUBSIDIARIES OR AFFILIATES, AND IT IS BASED IN, THE UNITED STATES. THE PERSONAL INFORMATION WHICH YOU GIVE TRUECAST WILL BE USED TO ESTABLISH YOUR ACCOUNT WILL BE TRANSFERRED TO AND MAINTAINED IN TRUECAST WEB HOSTING RECORDS IN THE UNITED STATES. IF YOU DO NOT CONSENT TO THIS TRANSFER, DO NOT ACCEPT THE TERMS AND CONDITIONS FOR THE TRUECAST WEB HOSTING SERVICE.