PLEASE COMPLETELY READ THESE TERMS
OF USE BEFORE USING THIS SITE.
By using this site, you signify your agreement to these terms of use.
If you do not agree to these terms of use, please do not use the site.
happyhost.org reserves the right, at its discretion, to add, change,
modify, or remove portions of these terms at any time. Please check
these terms regularly for changes. Your continued use of happyhost.org
following the posting of any changes to these terms will mean you accept
those changes.
By using this site you expressly agree that use of happyhost.org is at
your sole risk. Neither happyhost.org, nor its affiliates, nor any of its
officers directors, or employees, agents, third-party content providers,
licensers, sponsors, merchants, or the like, warrant that happyhost.org
will be uninterrupted or error-free; nor do they make any warranty as
to the results that may be obtained from the use of happyhost.org and
its services, or as to the accuracy, reliability, or currency of any
information content, service, or merchandise provided through
happyhost.org.
DISCLAIMER
happyhost.org is provided on an \"as is,\" \"as available\" basis without
warranties of any kind, either expressed or implied, including but not
limited to warranties of title or implied warranties of merchantability
or fitness for a particular purpose. No oral advice or written
information given by happyhost.org nor its affiliates, nor any of its
officers, directors, employees, agents, providers, merchants, sponsors,
licensers, or the like, shall create a warranty; nor shall you rely on
any such information or advice.
Under no circumstances shall happyhost.org or any other party involved
in creating, producing, or distributing happyhost.org be liable for any
direct, indirect, incidental, special, or consequential damages that
result from the use of or inability to use happyhost.org, including but
not limited to reliance by you on any information obtained from
happyhost.org or that result from mistakes, omissions, interruptions,
deletion of files or email, errors, defects, viruses, delays in operation
or transmission, or any failure of performance, whether or not resulting
from acts of God, communications failure, theft, destruction, or
unauthorized access to happyhost.org's records, programs, or services.
You hereby acknowledge that this paragraph shall apply to all content,
merchandise, and services available through happyhost.org. Due to the
fact that some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such states
liability is limited to the fullest extent permitted by law.
Information on this web site may contain technical inaccuracies or
typographical errors. Information may be changed or updated without
notice. happyhost.org may also make improvements and/or changes in the
products and/or the programs described in this information at any time
without notice. happyhost.org does not want to receive confidential or
proprietary information from you through our web site or e-mail
addresses. Please note that any information or material sent to
happyhost.org or any of its related sites, services, or e-mail addresses
will be deemed NOT to be confidential. By sending happyhost.org any
information or material, you grant happyhost.org an unrestricted,
irrevocable license to use, reproduce, display, perform, modify, transmit
and distribute those materials or information, and you also agree that
happyhost.org is free to use any ideas, concepts, know-how or
techniques that you send us for any purpose. happyhost.org makes
no representations whatsoever about any other web site which
you may access through this one. When you access a
non-happyhost.org web site, please understand that it is independent
from happyhost.org, and that happyhost.org has no control
over the content on that web site.
In addition, a link to a non-happyhost.org web site does not mean that
happyhost.org endorse or warrants in any way whatsoever or accepts any
responsibility for the content, or the use, of such web site. It is up to
you to take precautions to ensure that whatever you select for your use is
free of such items as viruses, worms, trojan horses and other items of a
destructive nature. By using a hyperlink on the happyhost.org web site you
agree to accept full responsibility for use of the hyperlink.
LIMITATION OF LIABILITY
Under no circumstances whatsoever shall happyhost.org be liable for any
loss of data, lost profits or any damages including, without limitation,
any indirect, special, incidental, consequential or other damages that
result from the use of, or inability to use, the materials in this site,
even if happyhost.org or a happyhost.org authorized representative has
been advised of the possibility of such damages. Applicable law may not
allow the limitation or exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not
apply to you. Notwithstanding the foregoing, in no event shall
happyhost.org's total liability to you for all damages, losses, and
causes of action (whether in contract, tort (including, but not limited
to, negligence) or otherwise) exceed the amount paid by you, if any, for
accessing this site or any of its products or services. By using this site
you agree to hold happyhost.org harmless in all capacities to the fullest
extent allowable by law.
CONTENT PROPRIETARY RIGHTS
You(\"User\") acknowlege that happyhost.org contains information, data,
software, photographs, graphs, videos, typefaces, graphics, music,
sounds, and other material (collectively \"Content\") that are protected
by copyrights, trademarks, trade secrets, or other proprietary rights,
and that these rights are valid and protected in all forms, media and
technologies existing now or hereinafter developed. All Content is
copyrighted as a collective work under the U.S. copyright laws, and
happyhost.org owns a copyright in the selection, coordination,
arrangement, and enhancement of such Content. User may not modify,
remove, delete, augment, add to, publish, transmit, participate in the
transfer or sale of, create derivative works from, or in any way exploit
any of the Content, in whole or in part. If no specific restrictions are
displayed, User may make copies of select portions of the Content,
provided that the copies are made only for User's personal use and that
User maintains any notices contained in the Content, such as all
copyright notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentence or as permitted
by the fair use privilege under the US copyright laws (see e.g.
17 U.S.C. Section 107), User may not upload, post, reproduce, or
distribute in any way Content protected by copyright, or other
proprietary right, without obtaining permission of the owner of the
copyright or other propriety right. In addition to the foregoing,
use of any software Content shall be governed by the software license
agreement accompanying such software.
THIRD PARTY CONTENT
happyhost.org has no editorial control over third party content. Any
opinions, advice, statements, services, offers, or other information
that constitutes part of content expressed or made available by third
parties, including providers, merchants, sponsors, licensers, or any
other user of happyhost.org, are those of the respective authors or
distributors and not of happyhost.org or its affiliates or any of its
officers, directors, employees, or agents. Neither happyhost.org nor
its affiliates, nor any of its officers, directors, employees, or
agents, nor any third party, including any provider, merchant,
sponsor, licenser, or any other user of happyhost.org, guarantees
the accuracy, completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose. In many
instances, the content available through happyhost.org represents
the opinions and judgments of the respective provider, merchant,
sponsor, licenser, or user not under contract with happyhost.org.
happyhost.org neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice, or statement made on
happyhost.org by anyone other than authorized happyhost.org
employees. Under no circumstances shall happyhost.org, or its
affiliates, or any of its officers, directors, employees, or agents
be liable for any loss or damage caused by a user's reliance on
information obtained through happyhost.org. It is the responsibility
of user to evaluate the information, opinion, advice, or other
content available through happyhost.org.
DISTRIBUTION OF THIRD PARTY CONTENT
Except as set forth in CONTENT PROPRIETARY RIGHTS above,
you may upload to or otherwise distribute on happyhost.org only
Content that is not subject to any copyright or other proprietary
rights protection (collectively, \"Public Content\"), or Content in
which the author has given express authorization for distribution
on the World Wide Web. Any copyrighted or other proprietary Content
distributed with the consent of a copyright owner should contain a
phrase such as \"Copyright, owned by [name of owner]; used by
permission.\" The unauthorized submission or distribution of
copyrighted or other proprietary Content is illegal and could
subject the you to criminal prosecution as well as personal
liability for damages in a civil suit. You, not happyhost.org, nor its
affiliates, nor any of its officers, directors, employees, agents,
Merchants, Providers, Sponsors, Licensers, or the like, will be liable
for any damage resulting from any infringement of copyrights or
proprietary rights, or from any other harm arising from such
submission. By submitting Content to any User-submit areas, User
automatically grants, or warrants that the owner of such Content has
expressly granted happyhost.org the royalty-free, perpetual, irrevocable,
nonexclusive right and license to use, reproduce, publish, translate,
sublicense, copy, and distribute the Content in whole or in part
worldwide and/or to incorporate it in other works in any form, media, or
technology now known or hereafter developed for the full term of any
copyright that may exist in such Content. User also permits any other
User to access, store, or reproduce the Content for that User's personal
use. Subject to this grant, the owner of Content placed on happyhost.org
retains any and all rights which may exist in such Content.
HAPPYHOST.ORG'S RIGHTS
happyhost.org's rights include but are not limited to the below
paragraphs. happyhost.org may elect to monitor any areas of the site or
any of its services and may disclose any content, records, or electronic
communication of any kind to satisfy any law, regulation, or government
request or if such disclosure is necessary or appropriate to operate
happyhost.org or to protect the rights or property of happyhost.org, its
visitors, sponsors, providers, licensers, or merchants.
happyhost.org is not responsible in any way whatsoever for screening,
policing, editing, or monitoring such content. If notified of allegedly
infringing, defamatory, damaging, illegal, or offensive content,
happyhost.org may investigate the allegation and determine in its sole
discretion whether to remove or request the removal of such content from
happyhost.org. happyhost.org reserves the right to prohibit conduct,
communication, or content that it deems in its sole discretion to be
harmful to individual users, happyhost.org, or any rights of
happyhost.org or any third party, or to violate any applicable law.
Notwithstanding the foregoing, neither happyhost.org nor its providers,
merchants, sponsors, or licensers can ensure prompt editing or removal
of questionable content after online posting. Accordingly, neither
happyhost.org, nor its affiliates, nor any of its officers, directors,
employees, or agents, nor provider, merchant, sponsor, or licenser shall
assume liability for any action or inaction with respect to conduct
communication, or content on happyhost.org.
1 Limitations. The Service is subject to the following limitations:
a File Size. Files larger than 1 Mb cannot be uploaded to the
happyhost.org servers, such files will be deleted automatically
without notice to User.
b CPU Resources. User acknowledges that the Service is
provided on a shared server and agrees not to engage in any
activity that could overwhelm the server with heavy CPU
usage or that requires a disproportionate amount of the
resources of the happyhost.org server, including without
limitation, use of highly active PHP scripts or MySQL
processes.
c Hits/Traffic. Your account must get at least 10 (ten)
Unique Hits per Week.
d Reselling. All features of your account are to be used by
the account holder only and not redistributed to the internet
community. You may not install any uploading scripts or file
managers which store public uploaded files on your webspace.
You may not give out your FTP or account login password to
anyone who is not related to webmastering your web site,
nor may you give out your password for the purpose of public
uploads or download. You may not sub host/resell or run your
own web hosting provider on our servers, this included providing
an account or website to persons who were rejected by our
account signup script or banned from creating accounts
for any reason.
e Language. All sites must be written entirely in English.
f User shall not include content, or internet links to
content on the Site that contain, promote or involve
any of the following:
i any infringement of copyright, trademark, patent, trade
secret or other intellectual property right;
ii hate propaganda;
iii racist, threatening, or otherwise abusive content;
iv child pornography;
v the promotion or incitement of, or instruction for,
the commission of illegal activities;
vi mail fraud, multi-level marketing (pyramid) schemes
or any other fraudulent activities;
vii content promoted through the sending of
unsolicited e-mail (also known as spamming);
viii sending of unsolicited e-mail (spam) from the
happyhost.org server, or any other server that refers
to content on the happyhost.org server, or sending such
e-mail with a happyhost.org � hosted Web site listed as
the contact address;
ix warez, cracks, hacks, spam software & their
associated utilities;
x information or other material that contains a
virus, corrupted data or any other harmful or damaging
component;
xi any use of space that does not allow, or
interferes with, the display of advertising;
xii any files protected with `camouflage`, `banana` or
any other deceptive method to hide the true content of the
file, or to hide a file inside another file;
xiii any links from other providers� web pages to user�s
Site that do not first link to an html page on happyhost.org .
g In addition to the above, User shall not upload onto their
hostultra web space any of the following:
i audio or video files of any type this includes but is
not limited to .wma .wmv .wav .mp3 .avi .mpg .asf .mov
(however flash and midi files are allowed);
ii spanned archives such as such as .z01 .rar .ace;
iii any binary files that are not linked to an html
page on the Site;
iv sites which contain only (or mostly)
downloadable files;
v download sites of any kind, including but not
limited to, shareware, freeware, trialware, demos,
warez, appz, gamez, iso, cracks;
vi photo albums or TGPs;
h Idem. User agrees that happyhost.org is not responsible
for content on pages hosted on member sites and acknowledges
that happyhost.org does not endorse or verify any such material.
i Idem. User agrees to assume full responsibility for all
files associated with the Site and acknowledges that User may be
held legally for the contents of the Site.
j Idem. Accounts, in our sole descretion, conciders to be
storing only or mostly downloadable files are not allowed and
will be terminated upon sight.
k Backup and Monitoring. User is solely responsible for
creating backups of any files associated with the Site and for
monitoring the Site.
l Notice to Officials. If happyhost.org determines that
law enforcement officials should be notified regarding potentially
illegal content on the Site, User agrees that happyhost.org may
provide copies of User�s web pages to the appropriate officials
without notice to user. happyhost.org will cooperate with all law
enforcement efforts to locate persons who have posted content
that is illegal or promotes illegal conduct.
m Policies and Guidelines. User agrees to abide by all
policies or guidelines, together with any amendments thereto, set
out, from time to time, by happyhost.org anywhere on the site
www.happyhost.org
OTHER
This agreement shall be governed by and construed in accordance with the
laws of the United States without regard to choice of law rules. If any
provision of this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any
remaining provisions. This is the entire agreement between the parties
relating to the subject matter herein and shall not be modified except
in writing, signed by both parties.
TERMINATION OF THIS AGREEMENT
This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying all
materials obtained from happyhost.org, along with all related
documentation and all copies and installations.
happyhost.org shall have the right to immediately terminate this
Agreement with respect to any user which happyhost.org, in its sole
discretion, considers to be unacceptable, or in the event of any breach
by you of this Agreement. happyhost.org may terminate this agreement at
any time and without notice to you. Upon termination, you must destroy
all materials received from happyhost.org.
In addition, by providing material on our web site, we do not in any way
promise that the materials will remain available to you. happyhost.org is
entitled to terminate all or part of any of its site or services at any
time, without notice to you.
ACKNOWLEDGMENT
This Agreement represents the entire understanding between you and
happyhost.org regarding your relationship with happyhost.org and
supersedes any prior statements or representations. You signify your
assent to be bound by this agreement by using the happyhost.org web site.