Terms of Service
PREANGER.COM TERMS OF SERVICE
IMPORTANT - PLEASE READ
INTRODUCTION
[1] By using this site, You signify your agreement to these Terms of Service ("the Terms"). If you do not agree to the Terms, you may not make use of any service, discount, or offer by Preanger.com.
Preanger.com reserves the right, at its discretion, to add, change, modify, or remove portions of these terms at any time.
[2] Please check these terms regularly for changes. By continuing to use Preanger.com following the posting of any changes to these terms, you are signifying that you accept those changes.
[3] By using this site you expressly agree that use of Preanger.com is at your sole risk. Neither Preanger.com, nor its affiliates, nor any of its officers, directors, employees, agents, third-party content providers, licensers, sponsors, merchants, or the or related entities, warrant that will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of Preanger.com and its services, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Preanger.com.
DISCLAIMER
Disclaimer of Warranty
[4] Preanger.com 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.
[5] No oral advice or written information given by Preanger.com nor its affiliates, nor any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or related entites, whether solicited or unsolicited, shall create or constitute a warranty, expressed or implied, or an agreement between You and Preanger.com, unless such an agreement is executed in writing and signed by both parties.
Limitation of Damages
[6] Under no circumstances shall Preanger.com or any other party involved in creating, producing, or distributing Preanger.com and it's services be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use Preanger.com, including but not limited to reliance by You on any information obtained from Preanger.com 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 Preanger.com's records, programs, or services, regardless of whether Preanger.com was advised of the possibility of these damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through Preanger.com. Due to the fact that some juristictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such juristictions liability is limited to the maximum extent permitted by law.
[7] Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Preanger.com may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Disclaimer of Third-Party Sites and Documents
[8] Preanger.com makes no representations whatsoever about any other web site which you may access through Preanger.com. When You access a third party web site, please understand that it is independent from Preanger.com, and that Preanger.com has no control over the content on that web site. In addition, a link to a third party web site does not mean that Preanger.com endorses 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 Preanger.com web site You agree to accept full responsibility for use of the hyperlink.
LIMITATION OF LIABILITY
Liability for Damages
[9] Under no circumstances whatsoever shall Preanger.com, nor its affiliates, nor any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or related entites 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 Preanger.com or a Preanger.com authorized representative has been advised of the possibility of such damages.
[10] 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.
Nonwithstanding Clause
[11] Notwithstanding the foregoing, in no event shall Preanger.com'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 Preanger.com harmless in all capacities to the fullest extent allowable by law.
CONTENT PROPRIETARY RIGHTS
Acknowledgement and Protection of Rights
[12] You acknowlege that Preanger.com 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 copyright laws, and Preanger.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.
[13] You 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, You may make copies of select portions of the Content, provided that the copies are made only for Your personal use and that You maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You 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.
Software Usage
[14] In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
THIRD PARTY CONTENT
Disclaimer
[15] Preanger.com 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 Preanger.com, are those of the respective authors or distributors and not of Preanger.com or its affiliates, officers, directors, employees, or agents. Neither Preanger.com nor its affiliates, officers, directors, employees, or agents, nor any third party, including any provider, merchant, sponsor, licenser, or any other user of Preanger.com, 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 Preanger.com represents the opinions and judgments of the respective provider, merchant, sponsor, licenser, or user not under contract with Preanger.com.
[16] Preanger.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Preanger.com by anyone other than authorized Preanger.com employees. Under no circumstances shall Preanger.com, or its affiliates, officers, directors, employees, or agents be liable for any loss or damages caused by Your reliance on information obtained through Preanger.com. It is Your responsibility to evaluate the information, opinion, advice, or other content available through Preanger.com.
DISTRIBUTION OF THIRD PARTY CONTENT
Propriety and Copyrighted Content
[17] Except as set forth in CONTENT PROPRIETARY RIGHTS above, you may upload to or otherwise distribute on Preanger.com 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 with permission."
[18] The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject You to criminal prosecution as well as personal liability for damages in a civil suit. You, not Preanger.com, nor its affiliates, 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.
Assumption of License
[19] By submitting Content to any User-submit areas, You automatically grant, or warrant that the owner of such Content has expressly granted Preanger.com 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. You also permit 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 Preanger.com retains any and all rights which may exist in such Content.
Preanger.com's Rights
[20] Preanger.com's rights include but are not limited to the below paragraphs. Preanger.com 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 Preanger.com or to protect the rights or property of Preanger.com, its visitors, users, sponsors, providers, licensers, or merchants.
Disclaimer
[21] Preanger.com 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, Preanger.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from Preanger.com.
[22] Preanger.com reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, Preanger.com, or any rights of Preanger.com or any third party, or to violate any applicable law.
Nonwithstanding Clause
[23] Notwithstanding the foregoing, neither Preanger.com nor its providers, merchants, sponsors, or licensers can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither Preanger.com, nor its affiliates, officers, directors, employees, agents, providers, merchant, sponsors, licensees or licensers shall assume liability for any action or inaction with respect to conduct communication, or content on Preanger.com.
Limitations
[24] Limitations. The Service is subject to the following limitations:
CPU Resources. You acknowledge 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 Preanger.com server, including without limitation, use of highly active CGI or PHP scripts, abuse of Cron jobs, or highly active chat scripts.
You shall not include content, or internet links to content on the Site that contain, promote or involve any of the following:
* any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
* hate propaganda;
* racist, threatening, or otherwise abusive content;
* child pornography;
* the promotion or incitement of, or instruction for, the commission of illegal activities;
* mail fraud, ponzy schemes, high yield investment program, multi-level marketing (pyramid) schemes or any other fraudulent activities;
* content promoted through the sending of unsolicited e-mail (also known as spamming);
* sending of unsolicited e-mail (spam) from the Preanger.com server, or any other server that refers to content on the Preanger.com server, or sending such e-mail with a Preanger.com hosted Web site listed as the contact address;
* warez, cracks, hacks, spam software & their associated utilities;
* information or other material that contains a virus, corrupted data or any other harmful or damaging component;
Idem. You agree that Preanger.com is not responsible for content on pages hosted on member sites and acknowledges that Preanger.com does not endorse or verify any such material.
Idem. You agree to assume full responsibility for all files associated with the Site and acknowledge that You may be held legally responsible for the contents of the Site.
Backup and Monitoring. You are solely responsible for creating backups of any files associated with the Site and for monitoring the Site. Your Site is important, and you are the one ultimately responsible for ensuring that your data is backed up! You should always keep an up to date copy of your Site on your local computer; by doing this you will always have a copy of your Site on hand in the event of data loss. You can easily download file, database and settings backups from the control panel area.
Notice to Officials. If Preanger.com determines that law enforcement officials should be notified regarding potentially illegal content on the Site, You agree that Preanger.com may provide copies of Your web pages to the appropriate officials without notice to You. Preanger.com will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
Policies and Guidelines. You agree to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by Preanger.com anywhere on the site www.preanger.com.
OTHER
[25] If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent possible under law or deemed severable from the agreement at Preanger.com's diescretion, 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
Suration of Agreement
[26] This agreement is effective until terminated by either party.
Methods of Termination
[27] You may terminate this agreement at any time, by destroying all materials obtained from Preanger.com, along with all related documentation and all copies and installations.
[28] Preanger.com shall have the right to immediately terminate this Agreement with respect to any user which Preanger.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. Preanger.com terminate this agreement at any time and without notice to you. Upon termination, you must destroy all materials received from Preanger.com.
Partial Temination
[39] In addition, by providing material on our web site, Preanger.com does not in any way promise that the materials will remain available to you. Preanger.com is entitled to terminate all or part of any of its site or services at any time, without notice to you.
ACKNOWLEDGMENT
[30] This Agreement represents the entire understanding between You and Preanger.com regarding your relationship with Preanger.com and supersedes any prior statements or representations. You signify Your assent to be bound by this agreement by using any or all of the services of Preanger.com in any way, shape, or form.
ADDITION
Abuse
[31] Any abuse that gets reported to us will be dealt very quickly. We will delete the account creating the abuse without any notification. Hence we ask all clients to be more vigilant with what they host on our servers as we are not going to be held liable to abuse coming from our servers which come from our clients. In extrem cases we will also fine the client $150.00 per abuse incident that gets reported to us. Abuse from our servers mean we get fined, our IPs get black listed and also our equipment can be suspended which in turn means downtime and effects our 99% uptime figure. Preanger.com works closely with all its partners on abuse incidents and takes abuse from its servers very seriously.
Unsolicited Commercial Email
[32] Unsolicited Commercial Email (UCE, also known as spam)
* Do not send out any UCE. We do not want to conduct business with anyone who does unsolicited bulk mailings.
* Spam-tising your website, i.e. sending out unsolicited bulk email promoting your site at KCQTA Network but using another ISP's servers to transmit these messages or sending out unsolicited bulk email promoting your site at other company but using Preanger.com's servers to transmit these messages is absolutely prohibited. These prohibitions also encompass newsgroups and public mailing lists and bulletin boards. Do not flood newsgroups or public mailing lists. Even bulk emails with "opt-out" instructions are not permitted.
* You will be held liable for such infringment even if the spamming action was done by a third party for your benefit. I.e. if your advertising agency or one of your employees does the spamming, you would still be held responsible. If a sublessee of your site spams, accountability still remains with you.
In short, any kind of mass emailing is prohibited except in those cases where the recipient is a current, active customer of yours (i.e. purchased in the past 12 months) or has signed up on an opt-in email list on your site. You will need to be able to present irrefutable proof of the foregoing if a recipient challenges you on this.
Failure to observe the above mentioned restrictions will result in:
* an immediate suspension and subsequent deletion of the hosting account.
* recovery of all costs incurred by Preanger.com to undo any disruptions caused by the transmission of the UCE.
* our submission of the the spammer's domain name(s) to all anti-spam blocking databases, making the domain virtually unuseable even when the spammer transfers to another provider.
Payment
[33] Invoices are generated on your account 6 days before they are actually due to provide you ample time to pay your invoice before your due date. Within those 6 days, you will need to login to our Members Center and pay the invoice. Accounts not paid in full by their due date, will result in suspension of service pending payment.
[34] All payments are due on time and in whole. If payment is not received within 1 day of account due date, then the clients account will (upon our sole discretion) be suspended and a USD 20 late fee may be imposed. If payment is not received within 10 days of the account due date (not withstanding any payment arrangements via ticket or email) then Preanger.com reserve the right to terminate the account and delete it from our system.
No refund will be provided for breaking this Terms of Service.
