Terms of Service Agreement

  1. YOUR ACCEPTANCE AND CONTRACTUAL RELATIONSHIP
    By utilizing the Services, you affirm that you are of legal age according to the laws of your jurisdiction and/or are authorized to enter into contracts. If you lack the legal capacity to enter into contracts, you must refrain from using the Services or submitting any information to Hop One Networks.

If you are accepting these Terms on behalf of a business or organization, you affirm that you possess the authority to bind that entity. If you lack such authority, you accept personal responsibility for all obligations outlined in these Terms.

  1. MODIFICATIONS AND ADDITIONAL TERMS
    (a) These Terms. Hop One Networks reserves the right to modify, update, add, or remove provisions of these Terms at any time by posting the revised Terms on the Site and notifying you via the Services. We will request your explicit consent for any updates where legally required, and our notification will detail how to accept or reject the changes. If you do not agree to the updated Terms, you must discontinue using the Services. Unless mandated by law, the updated Terms will take effect on the date of posting.
    (b) The Services. Hop One Networks may alter the Services at any time without prior notice. If you object to any changes, your sole remedy will be to stop using the Services. Continued use after changes are posted indicates your acceptance of those changes. We also reserve the right to discontinue the Services, or any part of them, at any time without notice. We will not be liable to you or any third party for any modifications or discontinuation of the Services.
    (c) Paid subscriptions. If you are under a paid subscription, we will notify you of any changes to the price of services or significant modifications to the services you are subscribed to, as outlined in Section 3(a). Such changes will take effect after your current subscription expires or is terminated. If you disagree with these changes and communicate this in accordance with the notice, we will not automatically renew your subscription, even if you previously agreed to automatic renewal.
    (d) Additional Terms. Certain features of the Services may be subject to additional terms of use (“Additional Terms”), which will be provided to you when you choose to use those features. By using these features, you agree to be bound by the applicable Additional Terms. In case of any conflict between these Terms and the Additional Terms, the Additional Terms will prevail.
    (e) Executed Contract(s). If you have entered into a separate signed agreement with Hop One Networks (collectively “Contract”), that Contract will take precedence over these Terms. If there is a conflict between these Terms and the Contract, the Contract will govern. Where the Contract does not address specific provisions included in these Terms, these Terms will apply as a supplement.

  2. USERS
    (a) Visitors. Visitors may browse the Site in accordance with these Terms but will not have full access to the Services until they become “Registered Users.”
    (b) Registered Users and Accounts. To access certain features of the Services, you must become a Registered User. A “Registered User” is defined as a User who has registered an account with us (your “Account”). As a Registered User, you decide what information you wish to make public. By registering, you confirm that you are not prohibited from using the Services under these Terms, the laws of the United States, your place of residence, or any applicable jurisdiction.
    (c) Registration Data. In registering for the Services, you agree to (i) provide true, accurate, current, and complete information about yourself as requested by the registration form (the “Registration Data”); and (ii) maintain and promptly update your Registration Data to keep it accurate and complete. You agree that all notices and communications will be sent to the email address you provide. If any information you provide is untrue or incomplete, or if we have reasonable grounds to suspect that it is untrue or incomplete, we have the right to suspend or terminate your Account and deny any current or future use of the Services. You agree not to create an Account using a false identity and that you will only have one Account at a time. You will not register on behalf of another individual or entity unless you are authorized to do so. If you register another individual or entity, you represent that you have the authority to do so. You agree not to use the Services if you have been previously removed or banned from any of Hop One Networks’ properties.
    (d) Account Management. When you register, you will select a login (email) and password. You are fully responsible for maintaining the confidentiality of your password and for any activities that occur under your Account. We reserve the right to establish an account verification process. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security at support@hoponenetworks.com. We may monitor your username and password and may require you to change them at our discretion. If we determine that your username and password are insecure, we reserve the right to require changes and/or terminate your Account. You are responsible for ensuring that our domain(s) are not included in any spam block list used by you or your email provider. You must perform all necessary security configuration and management tasks for your sites and all domains or IP addresses you are hosting through the Services, including the protection of your Content and data.

  3. SERVICES
    Upon initial registration, you will select from the available Services the subscription plan(s) you wish to choose (each a “Subscription”). All Subscriptions are subject to formal acceptance by Hop One Networks, and your Subscription will be deemed accepted once we provide confirmation. We reserve the right to refuse any Service for any reason. Additionally, we may interrupt access to the Services for maintenance. You may order additional Services at any time, provided you agree to pay the applicable fees. All additional services will also be considered “Services” under these Terms.
    For as long as you agree to these Terms and comply with them, you may use the Services. These Terms apply to all Users of the Services, including Visitors and Registered Users, who contribute User Content. The Services are licensed to you, not sold.
    (a) Grant of a Limited License. The Services are protected by copyright laws worldwide. Subject to your agreement and compliance with these Terms, Hop One Networks grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to use the Services and/or download and use a copy of any Apps or client software on a device or computer that you own, solely for your internal business or personal purposes. You agree not to use the Services for any other purpose.
    (b) Restrictions. You may not: (i) remove any copyright, trademark, or proprietary notices from any portion of the Services; (ii) reproduce, modify, distribute, license, lease, sell, resell, transfer, publicly display, or otherwise exploit the Services except as permitted by Hop One Networks; (iii) decompile, reverse engineer, or disassemble the Services except as allowed by law; (iv) link to or frame any part of the Services except as explicitly permitted; (v) launch programs or scripts for scraping, indexing, or data mining the Services; or (vi) attempt unauthorized access to or impair any aspect of the Services or its related systems.

  4. SUBSCRIPTIONS AND CANCELLATIONS
    (a) Subscriptions. Your Subscription or initiation of the Services begins upon our confirmation and receipt of lawful funds, whichever occurs first. The length of the initial term is selected by you and indicated when you subscribe. You may not terminate the Subscription during the Initial Term except in the event of a breach by Hop One Networks. After the Initial Term, the Subscription will automatically renew for successive terms of the same length unless terminated or canceled by either party.
    (b) Pricing. Subject to Section 3(c), we reserve the right to change prices for paid Subscriptions at any time and do not offer price protection or refunds for promotions or price decreases. Changes in pricing will take effect after your current Subscription expires. If we agree to provide Services after your Subscription ends, the previous amount you paid will not determine future fees. You are responsible for checking our Site for any plan or price changes. Upgrades or downgrades will be made at your request and may involve modifying Fees or reinitiating service.
    (c) Automatic Renewal Terms. To ensure continuity, each paid Subscription includes automatic renewal terms. Your Subscription will automatically renew on the anniversary of the date we first charged your Account, and we will charge your Account the applicable Subscription fee unless you cancel beforehand. Each renewal period matches the prior Subscription Term, unless otherwise agreed. If you cancel, access to the Services will cease at the end of your current Subscription Term. We reserve the right to modify pricing at any time, except during your current Subscription Term, with prior notice. If you do not cancel or disable auto-renew after being notified of a price change, your Subscription will renew at the new price.
    (d) Cancellation Terms. You may cancel your Subscription at any time, effective upon expiration of your current Subscription Term. You will be charged Subscription fees until the end of the current Term, and fees will not be refunded, in whole or in part, except as required by law. You will not receive a pro-rated refund for any unused days of the current Term. For assistance with cancellations, please contact us at support@hoponenetworks.com.

  5. PAYMENTS
    (a) If you purchase Services for a fee (one-time or Subscription), you agree to Hop One Networks’ use of third-party payment providers for billing and processing. You consent to pay the applicable Fees for your chosen Services. If you initiate a payment and it is not processed successfully, we may suspend your access to the Services until full payment is received.
    (b) You will be responsible for all taxes, duties, and fees related to your use of the Services, excluding taxes on Hop One Networks’ income. If you are in a location where the Services are subject to Value Added Tax (VAT), Goods and Services Tax (GST), or similar, you agree to pay any additional taxes that may apply to your subscription.

  6. YOUR CONTENT
    (a) User Content. By using the Services, you may create, store, or transmit content, including but not limited to text, files, images, or data (“User Content”). You are solely responsible for your User Content and the consequences of its transmission or storage.
    (b) License to User Content. By submitting User Content through the Services, you grant Hop One Networks a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, publish, publicly display, and distribute your User Content as necessary to operate the Services and comply with legal obligations. You represent and warrant that you have the necessary rights to grant this license and that the use of your User Content does not infringe any third-party rights.
    (c) Retention and Deletion. We reserve the right, but are not obligated, to monitor User Content for compliance with these Terms. We may retain User Content for as long as necessary to fulfill the purposes of the Services or comply with legal obligations. You may request deletion of your User Content, and we will comply unless we are legally required to retain it.

  7. INTELLECTUAL PROPERTY RIGHTS
    All rights, titles, and interests in the Services, including all related intellectual property rights, are owned exclusively by Hop One Networks and its licensors. You do not obtain any ownership rights or licenses in the Services beyond the limited license granted in Section 4(a). You agree not to challenge Hop One Networks’ ownership of the Services or any related intellectual property.

  8. WARRANTY DISCLAIMER
    THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HOP ONE NETWORKS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HOP ONE NETWORKS DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE.

  9. LIMITATION OF LIABILITY
    TO THE FULLEST EXTENT PERMITTED BY LAW, HOP ONE NETWORKS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF HOP ONE NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HOP ONE NETWORKS’ TOTAL LIABILITY EXCEED THE FEES PAID BY YOU FOR THE SERVICES IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

  10. MISCELLANEOUS
    These Terms, along with any Additional Terms or Contracts, represent the entire agreement between you and Hop One Networks regarding the Services. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

 

 

 

  1. USER CONTENT

10.1 Content.

(a) You are responsible for the information, text, opinions, messages, comments, audio visual works, motion pictures, photographs, animation, videos, graphics, sounds, music, software, Apps, and any other content or material that You or your end users submit, upload, post, host, store, or otherwise make available (“Make Available”) on or through the Services (collectively, “Your Content,” “Content” or “User Content”). You may not Make Available on the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any such right protects any material is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you make or submit. As between you and us, you own your User Content and you have full responsibility for all User Content you make or submit, including its legality, reliability and appropriateness, while using the Services. You hereby grant to Hop One Networks a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your User Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and otherwise use and commercialize the User Content in any way that Hop One Networks deems appropriate, without any further consent, notice and/or compensation to you or to any third parties, for purposes of providing the Services to you.

(b) Hop One Networks will not actively monitor Content being hosted by Hop One Networks, although Hop One Networks, at its sole discretion, may elect to electronically monitor its network and may disclose any content or records concerning Your Account as necessary to satisfy any law, regulation, or other governmental request or to properly operate Our network and protect any of Our customers. Hop One Networks will investigate complaints of a violation of a third-party right or of the AUP. Hop One Networks will cooperate with those attempting to minimize Internet abuse and reserves the right to institute “filters” or other mechanisms for that purpose. Hop One Networks will cooperate with law enforcement authorities and reserves the right to notify such authorities if it suspects that You or any of Your end users are engaged in illegal activities. Nothing contained in this Section, or anywhere in these Terms, is intended to bestow any rights on any third party, and no third parties shall be entitled to enforce any terms of these Terms between us, the parties.

(c) You acknowledge and expressly agree that Hop One Networks will not be liable to You or any of Your end users for any action Hop One Networks takes to remove or restrict access to the Services for any alleged violation of the AUP, or exercising its rights as a Good Samaritan under the Telecommunications Act of 1996 (47 U.S.C. § 230(d)) or under the DMCA.

(d) Hop One Networks may, at its sole discretion, immediately terminate Your Account and access to the Services, and terminate these Terms for cause, if Your conduct violates our Policies (See Section 10), or if any of Your end users’ or downstream customers’ conduct violate such Policies. We respect the intellectual property rights of all parties and have adopted a policy regarding termination of repeat copyright infringers under the DMCA (See Section 11).

(e) Child Pornography. Hop One Networks takes the issue of child pornography very seriously, and any potential harm to minors using our Services is strictly prohibited. Content that is or may be perceived to be child pornography will be immediately removed from public access upon notification or detection by Us. Additionally, Hop One Networks reserves the right to terminate any Account whose website(s) hosts or links to child pornography immediately and without notice to You. If the account is a Hop One Networks reseller account, the account will be suspended, and the reseller will be directed to terminate the responsible account. You agree to cooperate in any such efforts. Content or communications seeking to solicit, lure or entice minors into sexual activity or lewd behavior is also strictly prohibited, and will be treated the same as, or similar to, child pornography, consistent with applicable law. You agree to cooperate with Hop One Networks in any effort to investigate, disable or remove such Content originating with Your end users. Consistent with federal law, Hop One Networks will cooperate with law enforcement authorities and will notify such authorities if it suspects that You or any of Your downstream customers or end users are engaged in any such illegal activities.

In accordance with the reporting requirements of 18 U.S.C. § 2258A, We will report to the CyberTipline (www.cybertipline.com) any actual knowledge of apparent violations of 18 U.S.C §§ 2251, 2251A, 2252, 2252A, 2252B, 2260, or 1466A. If You suspect any instances of child pornography appearing on sites hosted by Hop One Networks, We encourage You to send such reports to Our abuse address at [email protected], and include the file name and/or URL (or other location on the Customer’s site), victim (if known), date of birth, date of production, and any other information about the suspect image(s). Do not send the image(s) in question. Alternately, You may use the CyberTipline to report suspected child pornography. Reports involving sites not hosted by Hop One Networks should be directed to law enforcement or to a cooperating child pornography organization such as: https://www.asacp.org/index.php?content=report.

(f) Content appropriate for Minors and Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material on Your site and services. You agree not to allow minors to view any such materials and agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), you are hereby informed that you can research such services at websites such as www.asacp.org. Please note that the Service makes no representation or warranty regarding any of the products or services referenced on such sites and recommends that the user conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing these kind of materials if Your computer can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site from being displayed or accessed by Your children or wards.

(g) Pursuant to the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that Hop One Networks operates as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of Your Content (including third-party content published on Your web site(s)). We do not create such content, and We are not responsible for the publication of remarks or communications of You or third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Hop One Networks to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our immunity status as an interactive computer service. Nothing contained in this Section is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act. In the event that any court finds that any third-party communication or third-party content hosted by us falls outside of the realm of the immunity provided by the CDA, this shall not be deemed to be a waiver of any legal protections provided by Section 230 for any and all other content posted on our Site or hosted via our Services.

10.2 Specific Requirements for Service Providers and User-Generated Content Subscribers.

(a) If You use Our Services for any site, sub-domain, page or business model that allows Your end users or customers to control or upload material to Internet space assigned to You by Us, You shall be deemed to be acting as a “Service Provider” with respect to such services and/or customers. Service Providers include but are not limited to customers which; (i) resell bandwidth as hosts to third parties; (ii) operate user-generated content sites such as forums, “tube” sites, review sites, and online classified advertising sites; (iii) operate search engines; or (iv) operate peer-to-peer file sharing networks. Customers acting as a Service Provider for third-party users shall comply with the following provisions:

  • You shall notify Us of all domains, web pages or IP addresses for which You are acting as a Service Provider.
  • You shall comply with 17 U.S.C. §512 of the DMCA by properly designating an agent for receipt of copyright infringement notices, and You shall publish a link on the home page of any website for which You are a Service Provider to a DMCA Notice and Takedown Policy, identifying the website’s designated agent and associated contact information. “Service Providers” within the meaning of 17 U.S.C. § 512(k)(1) require that any DMCA Notices relating to alleged infringement of a Hop One Networks Service Provider Customer be submitted directly to the DMCA Agent designated by such Customer.
  • You shall provide Us with a current link to Your DMCA Notice and Takedown Policy and further advise Us of any changes to Your Designated Agent contact information. This shall be a continuing obligation for as long as You use Our Services.

It is the policy of Hop One Networks to provide any infringement notices it receives relating to Service Provider subscribers directly to the subscriber’s Designated DMCA Agent, and to further notify any copyright claimants of the identity and contact information for such Agent. Failure to maintain compliance with this section shall constitute a material breach of these Terms.

(b) In keeping with Our DMCA policies and obligations set forth above, You understand, agree, and expressly allow Us to access and subsequently disable public access to any files or data residing on the server, disk, partition, or other data space under Your control when such files or data, in Our discretion: (i) have been identified in a substantially-compliant DMCA notice under 17 U.S.C. § 512; or (ii) when We become aware of facts or circumstances indicating that such files or data are infringing on the copyrights or other intellectual property rights of third parties. Given that Our customers may employ various methods of securing files in conjunction with Our Services, and in an attempt to avoid material disruption of Our customers’ Services, You agree that You will provide Us with Your preferred procedure for disabling access to material identified under this provision. If We forward You a substantially-compliant DMCA Notice and which concerns content under Your control, You are obligated under these Terms to immediately disable or remove access to such content. Irrespective of the above, We reserve the right to disable or remove access to such content, in Our discretion, and without claim of damage or injury by You. While We will attempt to simply disable access to such Content without fully deleting it, or suspending all services to your Account, We make no warranties concerning harm or injury to the Content, and reserve the right to take any necessary actions to disable access to the identified material, including suspension or termination of Services. It is therefore in Your best interest to promptly respond to any DMCA Notices You may receive. Should You or Your web site’s users feel that such DMCA Notice was erroneously or improperly sent, You must follow the Counter-Notification procedure set forth in our Copyright Policy, and wait the required period of time, before We allow public access to the content to resume.

(c) Nothing contained in this Section, or any part of these Terms, shall constitute legal or professional advice regarding any matter referenced therein. You are responsible for obtaining your own legal advice regarding compliance with any and all applicable laws or regulations.

10.3 Content that you Make publicly Available.

(a) In addition to the license granted in Section 12.1(a), You also authorize others to use the User Content that you publicly share or Make Available through the Services.

(b) You may delete, or request deletion of your User Content at any time, unless you have shared such User Content with others and they have not deleted it, or it was copied or stored by other Users. Any User Content you submit is at your own risk of loss, and if shared publicly, non-confidential.

(c) Hop One Networks agrees to use any personally identifiable information contained in any of your User Content in accordance with Hop One Networks Privacy Policy, to the extent applicable. Additionally, please note that certain information, statements, data, and content (such as photographs) which you may submit to Hop One Networks, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any User Content is voluntary on your part.

(d) We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media.

(e) If you use any “rating” feature of the Services, as applicable, and/or if you send or transmit any communications, comments, questions, suggestions, or related materials to Hop One Networks, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Services, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Hop One Networks is free to use, without any attribution or compensation to you, any ratings submitted within the Services, and any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Hop One Networks may use any of this Feedback in aggregated or non-aggregated from, however Hop One Networks is not obligated to use, display, reproduce, or distribute any such ratings, ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

(f) Forums and messaging. Hop One Networks may offer various forums where you can post your observations and comments on designated topics. By offering this feature, Hop One Networks is merely acting as an intermediary and is not responsible and shall not be liable for such communications. Please note that ideas you post and information you share may be seen and used by other Users, and Hop One Networks cannot guarantee that other Users will not use the ideas and information that you share on the Services. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third-party rights that may be infringed by your sharing it, do not post it on the public forums of the Services. Please refer to Section 11 and our Copyright Policy for more information regarding how we treat infringing content. HOP ONE NETWORKS IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY HOP ONE NETWORKS COMMUNITY FORUMS.

11. THIRD-PARTY SERVICES, SOFTWARE, LINKS AND LICENSING

(a) Third-Party Services. Hop One Networks may incorporate, embed, bundle with, or otherwise make available to you with the Services certain third-party products, software, components, technology, and/or services (each, a “Third-Party Service”) that are owned by one or more third party, including, but not limited to, through the Hop One Networks Marketplace (see Section 14). Hop One Networks may, in its sole discretion, help facilitate your use of any Third-Party Service in connection with the Services, however you acknowledge and agree as follows: (i) you are solely responsible for complying with the terms and conditions applicable to any Third-Party Service (“Third-Party Terms”), including those terms and conditions applicable to purchasing or licensing any such Third-Party Service; (ii) no Third-Party Service shall be considered Hop One Networks provided Services and any Third-Party Terms are in addition to this Agreement; (iii) you shall pay all fees charged by the provider of any such Third-Party Service in accordance with the applicable Third Party Terms, and you recognize that the Third-Party Terms governing such fees (including any price adjustments) are not in Hop One Networks control, even if payment is facilitated through the Services; (iv) regardless of Hop One Networks assistance, you are solely responsible for obtaining and maintaining any Third-Party Service at your expense; and (v) EACH THIRD-PARTY SERVICE IS PROVIDED BY HOP ONE NETWORKS “AS-IS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND AND HOP ONE NETWORKS SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE, OR LIABILITY, OR IN ANY OTHER MANNER, RELATED TO ANY THIRD-PARTY SERVICE, regardless of any assistance or information provided by Hop One Networks in connection with any Third-Party Service. For the avoidance of doubt, you agree and understand that you, and not Hop One Networks, are solely responsible for your compliance with the Third-Party Terms. If Hop One Networks notifies you of any reporting or compliance obligation to the provider of any Third-Party Service, it is your obligation to report your own usage and comply with any such reporting or compliance obligation. Hop One Networks will not and does not monitor such compliance or reporting and shall have no obligation to do so. If the provider of a Third-Party Service finds you non-compliant with the corresponding Third-Party Terms applicable to such Third-Party Services, then Hop One Networks reserves the right to immediately suspend or terminate the Services provided to you, your access to any Third-Party Service, or your Account, without requiring any advance notice. ou agree and understand that Hop One Networks shall be entitled to request you share/report Your Content/Usage with any provider of a Third-Party Service if Hop One Networks is contractually obligated to do so.

(b) Third-Party Sites and Links. The Services may also be linked to third party websites (each, a “Third-Party Site”). You acknowledge and agree that any Third-Party Site may have a different privacy policy, terms and conditions, or user guides and business practices than Hop One Networks, and you further acknowledge and agree that your use of any such Third-Party Site is governed by the privacy policy, terms and conditions, or user guides applicable to such Third-Party Site (collectively, “Third-Party Site TCs”). You hereby agree to comply with any and all Third-Party Site TCs. EACH THIRD-PARTY SITE IS PROVIDED BY HOP ONE NETWORKS “AS-IS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND AND HOP ONE NETWORKS SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE, OR LIABILITY, OR IN ANY OTHER MANNER, RELATED TO ANY THIRD-PARTY SITE. Hop One Networks does not verify, make any representations or take responsibility for any Third-Party Site, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT HOP ONE NETWORKS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT ON OR AVAILABLE THROUGH A THIRD-PARTY SITE OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Services to any Third-Party Site, product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Hop One Networks endorsement or recommendation.

(f) Bring Your Own License. Bring Your Own License (“BYOL”) is the process by which you bring your own active purchased/subscription and third-party provider-authorized licenses for Third-Party Services to run on Hop One Networks cloud Services (“Hop One Networks Cloud”); provided, however that Microsoft Windows Server OS discussed in section (d) above is not authorized for BYOL. The BYOL model permits you to bring your own licenses for certain Third-Party Services authorized by the provider of such Third-Party Services. You shall be solely responsible to determine the Third-Party Services authorized for BYOL. For the avoidance of doubt, (i) any terms provided by the BYOL Third-Party provider are Third-Party Terms, and (ii) any products or services made available to you pursuant to the BYOL Third Party Terms are Third-Party Services.

12. INTELLECTUAL PROPERTY RIGHTS

(a) The Services and all proprietary and intellectual property rights embodied and practiced therein, including the look-and-feel of the Site, are and shall remain Hop One Networks property (or the property of Hop One Networks licensors). Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Hop One Networks company names, logos, product and service names, trademarks or services marks or those of Hop One Networks licensors. There are no licenses by implication. If you breach any of these Terms, the above license will terminate automatically and you must stop using the Services and immediately destroy any Materials downloaded or printed from the Service.

(b) All Services provided by Hop One Networks may only be used for lawful purposes.

(c) As between You and Hop One Networks, Hop One Networks acknowledges that it claims no proprietary rights in or to Your Content. You hereby grant to Hop One Networks a non-exclusive, worldwide and royalty-free license to copy, make derivative works, display, perform, use, broadcast and transmit on and via the Internet Your Content, solely for the benefit of You and to enable Hop One Networks to perform its obligations under these Terms.

(d) In connection with performance of the Services and at the sole discretion of Hop One Networks, Hop One Networks may (but is not obligated to) provide You with certain Materials including, without limitation, computer software (in object code or source code form), data, documentation or information developed or provided by Hop One Networks or its suppliers under these Terms, domain names, electronic mail addresses and other network addresses assigned to You, and other know-how, methodologies, equipment, and processes used by Hop One Networks to provide You with the Services. Subject to these Terms, Hop One Networks hereby grants You a limited, revocable, non-transferable, non-exclusive license to use the Materials solely in connection with the Services. This license terminates when these Terms terminate. As between You and Hop One Networks, You acknowledge and agree that Hop One Networks owns all right, title, and interest or otherwise has acquired all applicable licenses for the Materials, and all copyright, trade secret, patent, trademark and other intellectual property rights therein. Any use of the Materials after termination of these Terms is not licensed and strictly prohibited. You agree that You will not upload, transmit, reproduce, distribute or in any way exploit any Materials obtained through the Services without first obtaining express written permission to do so from Hop One Networks.

(e) If We are required to enlist the assistance of an Attorney or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of an Attorney to pursue injunctive relief against You, or if We are required to file an ICANN complaint against You in order to bring about the transfer of an offending URL to Us from You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages, or in order to seek injunctive relief from You, or in order to file and prosecute an ICANN complaint.

(f) You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.

13. ADDITIONAL PROVISIONS REGARDING THE SERVICES

13.1 Back ups & data loss. You agree that Your use of Hop One Networks Services is at Your own risk, and that Hop One Networks is not liable for any data loss in connection with its Services. You are solely responsible for creating backups of Your Content. If, during Our own routine maintenance, We do create a backup of Your Content which You later request Us to restore to Your account, We cannot guarantee that we will be able to do so, or that Your Content will be unharmed as a result of the initial data loss or the subsequent restore procedure. To that end, We highly recommend that You establish Your own routine backup procedure and that You periodically test restoring files from Your backup media to ensure that You are making viable backups. Should you wish for Hop One Networks to provide you with routine backup services, in addition to the Services provided under these Terms, please Contact Us. We offer many different backup solutions as an add-on service to Our regular Services, and all such services are provided through a separate, written agreement.

13.2 Resource Usage. Hop One Networks reserves the right to suspend services or disable accounts if the account unduly stresses system resources. Hop One Networks will advise You of a temporary block placed on any account found to be consuming an inordinate amount of system resources, to the point of degrading overall system performance.

13.3 Security. Any violation of the security to the Services is prohibited and may result in criminal and civil liability. Unauthorized Access of the servers used to provide the Site, Services, and/or Materials (the “Servers”) is strictly prohibited and is a violation of these Terms and the AUP. You agree not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware or software, compromising the Servers, or for any other unauthorized use commonly known as “hacking.” In the event You are involved in any violation of system security, We reserve the right to release information about You to system administrators at other sites in order to assist in resolving security incidents, and We shall also cooperate with any law enforcement agency investigating a criminal violation of system, cyberthreats, or network security. Additionally, any violation of these security provisions may, at Our sole discretion, be grounds for Termination for Cause of Your Account as per these Terms.

13.4 Bandwidth usage. Your monthly bandwidth allowance is determined by the specific package for which You sign up. If Your account exceeds Your monthly allowance, we reserve the right to charge you overage fees.

13.5 Publicity. You grant us the non-exclusive, royalty-free, worldwide right and license to add your name, trademark and company logo (“Customer Marks”) to our customer lists, websites and marketing materials for the purpose of denoting your status as a customer and/or user. You can opt-out of this use by contacting us at [email protected].. Notwithstanding the foregoing, nothing herein will limit our ability to use such Company Marks as otherwise permitted under relevant law.

14. INTERACTIONS BETWEEN USERS

You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Service. Hop One Networks may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Service. Hop One Networks reserves the right, but has no obligation, to monitor or become involved in any way with these disputes. You will fully cooperate with Hop One Networks to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting Hop One Networks access to any password-protected portions of your Account. Hop One Networks reserves the right to restrict, suspend, or close your account if Hop One Networks determines, in our sole discretion, that doing so is necessary or in our best interests.

If you have a dispute with one or more Users, you release Hop One Networks (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

15. NO WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. HOP ONE NETWORKS 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, TITLE AND NON-INFRINGEMENT. OTHER THAN AS EXPRESSLY SET FORTH HEREIN, HOP ONE NETWORKS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HOP ONE NETWORKS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. ANY STATEMENTS MADE REGARDING SUCH MATTERS IN PROMOTIONAL MATERIALS SHALL BE CONSIDERED ADVERTISING REFERENCES, AND NOT WARRANTIES. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS 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 SUCH MATERIAL AND/OR DATA.

HOP ONE NETWORKS HAS NO CONTROL OVER THE CONTENT OF THIRD-PARTY SERVICES. USE OF ANY THIRD-PARTY SERVICES WILL BE AT YOUR OWN AND SOLE RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF A SEPARATE AGREEMENT BETWEEN YOU AND THE THIRD PARTY.

HOP ONE NETWORKS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOP ONE NETWORKS OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY MARKETING OR PROMOTIONAL MATERIALS DESCRIBING THE SERVICES ON HOP ONE NETWORKS’S WEBSITE.

UNLESS OTHERWISE AGREED TO IN WRITING, HOP ONE NETWORKS DOES NOT MAKE A BACK-UP OF YOUR SITE(S) AS PART OF THE SERVICES. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE A BACK-UP OF YOUR SITE(S) ON A REGULAR BASIS.

16. LIMITATION ON LIABILITY

YOU ARE SOLELY RESPONSIBLE FOR CONTENT, THE OPERATION AND SECURITY OF YOUR ONLINE PROPERTIES AND/OR CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. IN NO EVENT SHALL HOP ONE NETWORKS BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO CONTENT, THE OPERATION OR SECURITY OF YOUR WEB-SITE AND/OR BUSINESS OR FAILURE TO OPERATE YOUR WEB SITE AND/OR BUSINESS.

THIS SECTION APPLIES TO ALL CLAIMS BY YOU OR YOUR END USERS IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING THE CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, AND/OR MISREPRESENTATION.

REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL HOP ONE NETWORKS, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE SERVICES (“AFFILIATES”), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (A) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (B) FOR LOSS OR INACCURACY OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION OR SIMILAR ACTION, EVEN IF HOP ONE NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; or (D) FOR YOUR USE OF ANY THIRD-PARTY SERVICES.

THE TOTAL AGGREGATE AND MAXIMUM LIABILITY OF HOP ONE NETWORKS AND THE AFFILIATES, ARISING FROM OR OTHERWISE RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO HOP ONE NETWORKS DURING THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.