This is version 1.0.0 of the Terms and Conditions of Service, last updated on March 7, 2008.
Terms and Conditions of Service
237 Labs, LLC ("237 Labs" or we/us) provides certain content- hosting services ("Services") to you, subject to these Terms and Conditions of Service ("TACOS").
Website Content
You are solely responsible for any and all information, literature, software, works of art, or any other materials ("Content") you make available using the Services.
You may not upload, publish, or otherwise use the Services to make available any Content that:
- violates the laws of the United States of America; or
- you are contractually prohibited from distributing; or
- is tortious under the laws of the United States of America; or
- your distribution of which infringes upon the intellectual property rights of others; or
- you otherwise do not have the legal right to distribute; or
- results in or is related to spamming; or
- is adult oriented.*
Examples of unacceptable content:
- Pirated software
- Pornography
- Violations of Copyrights
- Hacker programs or archives
- Warez sites
- Hate propaganda
* Adult-oriented sites demand special system, network, and bandwidth requirements. Reseller Zoom does not accommodate those extraordinarily large requirements in its reseller hosting plans. Therefore you may not use 237 Labs' hosting services for adult-oriented and pornography sites. This includes sites that may include sexual content, or links to adult content elsewhere.
It is your sole responsibility to ensure your compliance with any and all applicable local laws regarding online conduct and acceptable Content.
If we find any of your sites to be displaying any of the prohibited content, the offending websites shall be suspended.
Billing
Your hosting account can be paid in 3 month, 6 month, or 12 month intervals.
Cancellation & Refunds
We want you to be happy with our service. However, we understand that it is not for everyone. You may cancel your account at any time. Upon cancellation of an account, no further charges will be billed. If you are canceling prior to the end of your billing term, you will be refunded an amount based on the unused portion the billing term.
Security and Availability
237 Labs makes a good faith effort to provide the Services in a reliable and consistent fashion by choosing server locations with a high percentage of uptime. No guarantee is made as to the availability of Content at a particular time or the persistence of Content. Similarly, 237 Labs makes a good faith effort to ensure the security of your Content and but cannot guarantee it will remain secure. It is your sole responsibility to secure your Content and to restore it in the event of a system failure.
Termination
237 Labs reserves the right at any time and for any reason, including but not limited to your violation of these TACOS, to limit, suspend, or terminate your use of the Services and to discard any of your Content. Such termination of your use of the Services may be performed without prior notice, and we may immediately deactivate or delete your Content and all related files relating to the Services and/or bar all access to the same. 237 Labs will not be liable to you or to any third party for any termination of your access to Services.
Indemnity
You indemnify and hold harmless 237 Labs, LLC and its subsidiaries, affiliates, owners, officers, directors, agents, partners, employees, and contractors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Services, or your activities in conjunction with the Services.
Limitation of Liability
Your use of 237 Labs' Services are at your sole risk. All Services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.
In no event will 237 Labs be liable for any damages, including, without limitation, direct, indirect, incidential, special, consequential, or punitive damages arising out of the use of or inability to use our Services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion, defect; delay in operation or transmission, deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of; or use of any record.
The formation, construction and interpretation of this agreement shall be controlled by the laws of the United States. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the courts in the United States, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.
237 Labs reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to 237 Labs, you signify your agreement to these Terms of Service.
The End.
Thank you for taking the time to read this.
