Terms of Service

Symbiostock.com Terms of Service Agreement

These Terms of Service (the "Agreement") set forth the terms and conditions of Your Use of hosting and related services ("Services") and this website ("Site"). In this Agreement "You" and "Your" refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "us" and "our" refer to Symbiostock.com, as well as its subsidiaries and sister companies (“Symbiostock Hosting”). This Agreement explains Our obligations to You, and explains Your obligations to Us for the various services or products offered by Symbiostock Hosting (“Services”). When You this Site or You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement.

Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:

Limited Support Policy

Acceptable Use Policy

Privacy Policy

Description of Services

Web Hosting: If you purchase Web Hosting, your site is placed within one or more servers and resources are shared between many customers on the same servers.
cPanel: Each Web Hosting account is configured with cPanel software. By purchasing our Web Hosting Service you agree to be bound by the cPanel EULA, which is hereby incorporated by reference.
WordPress Auto Installer: Each Web Hosting account provides access to WordPress Auto-Installer software via cPanel.

Term of Agreement; Modification

You agree that Symbiostock Hosting may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes Symbiostock Hosting may reasonably make to this Agreement when such changes are made. If You have purchased Services from Symbiostock Hosting, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.

Accurate Information

You agree to maintain accurate information by providing updates to Symbiostock Hosting, as needed, while You are using the Services. You agree You will notify Symbiostock Hosting within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Symbiostock Hosting to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Symbiostock Hosting has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Symbiostock Hosting has the absolute right, in its sole discretion, to terminate its Services and close Your account.

Privacy

Symbiostock Hosting's Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and Symbiostock Hosting's responsibilities with regard to Your personal information. Symbiostock Hosting will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that Symbiostock Hosting, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. Symbiostock Hosting will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to Symbiostock Hosting as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to Symbiostock Hosting in the future. Symbiostock Hosting is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data.

Acceptable Use Policy

Symbiostock Hosting’s Acceptable Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:

-not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
-not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
-not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
-not to make, attempt or allow any unauthorized access to Symbiostock Hosting website, servers, your own hosting account or the account of any other customers of Symbiostock Hosting.
-not to allow any remote code execution of malicious software through the hosting account provided by Symbiostock Hosting.
-not to cause denial of service attacks, port scans or other endangering and invasive procedures against Symbiostock Hosting servers and facilities or the servers and facilities of other network hosts or Internet users.
-not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
-not to use Symbiostock Hosting services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
-not to upload unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
-not to engage in or to instigate actions that cause harm to Symbiostock Hosting or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Symbiostock Hosting reserves the right to refuse service to anyone upon Our discretion. Any material that in Symbiostock Hosting’s judgment, is either obscene or threatening is strictly prohibited and will be removed from Symbiostock Hosting servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Symbiostock Hosting will take corrective action upon our own discretion and will notify You. Symbiostock Hosting decision in such case is binding and final, and cannot be a subject of a further change. Symbiostock Hosting cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Symbiostock Hosting or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 7 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Symbiostock Hosting will not be liable for any loss or damages in such cases.
-not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.

At its discretion, Symbiostock Hosting can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

For more information on the Acceptable Use Policy for Our Services please consult Our Acceptable Use Policy.

Storage and Security

At all times, You shall bear full risk of loss and damage to your website or server content hosted on Symbiostock Hosting servers. You are entirely responsible for maintaining the confidentiality of Your account access credentials (including but not limited to Your customer username/login, cPanel login credentials, password) and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your website or server content displayed, linked, transmitted through or stored on Symbiostock Hosting servers. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your website or server content; (ii) maintain independent archival and backup copies of Your website or server content; (iii) ensure the security, confidentiality and integrity of Your website or server content transmitted through or stored on Symbiostock Hosting servers; and (iv) ensure the confidentiality of Your password. Symbiostock Hosting's servers are not an archive and Symbiostock Hosting shall have no liability to You or any other person for loss, damage or destruction of any of Your website or server content. The Services offered by Symbiostock Hosting are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Symbiostock Hosting shall have no liability to You or any other person for Your use of Symbiostock Hosting Services in violation of these terms.

Ownership

Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by Symbiostock Hosting or its licensors, and you agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to you, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by Symbiostock Hosting and all right, title and interest in and to each such Derivative Work shall automatically vest in Symbiostock Hosting. Symbiostock Hosting shall have no obligation to grant You any right in any such Derivative Work.

Non-Exclusive License

If You have licensed software from Symbiostock Hosting, Symbiostock Hosting grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Symbiostock Hosting reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of Symbiostock Hosting. The source code and its organization are the exclusive property of Symbiostock Hosting and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by Symbiostock Hosting.

Any such software and Services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

Third-Party Software

Symbiostock Hosting provides some third-party software to You for easier account management including, but is not limited to cPanel, etc. Such software is provided on an "as is" as available basis. We do not guarantee that any specific results can be obtained by using such software. Symbiostock Hosting does not take responsibility for any faults in such software functioning. You agree that Your use of any Symbiostock Hosting Services shall be used by You in accordance with the terms of any relevant third-party licenses. Your failure to abide by any third-party license may result in the immediate termination of Your Services by Symbiostock Hosting.

You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Symbiostock Hosting. Your use of any third party software is at Your own risk. Symbiostock Hosting does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Symbiostock Hosting will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. Symbiostock Hosting reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

Third-Party Content

If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. Symbiostock Hosting has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Symbiostock Hosting policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify Symbiostock Hosting immediately of the error. In no event shall Symbiostock Hosting be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.

Billing and Payment

All fees for the Services are billed monthly or annually, depending upon the Service plan. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. At this time, Symbiostock Hosting only accepts payment via Paypal. By using Symbiostock Hosting’s pay by PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”). It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor Symbiostock Hosting shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Symbiostock Hosting may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.

By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services.

If for any reason Symbiostock Hosting is unable to charge your Payment Method for the full amount owed for the Services provided, or if Symbiostock Hosting receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Symbiostock Hosting may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any Services registered or renewed on your behalf.

Termination & Cancellation Policy

This agreement may be terminated: (i) by You by cancelling your Services at any time through cancellation steps provided via your Symbiostock Hosting account; or (ii) by Symbiostock Hosting at any time, without prior notice, if, in Symbiostock Hosting's judgment, You are in violation of any terms or conditions herein; or (iii) in Symbiostock Hosting's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Symbiostock Hosting or could disrupt Symbiostock Hosting's business operations; or (iv) by Symbiostock Hosting if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and either Symbiostock Hosting or Symbiostock Hosting.

In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You.

In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs Symbiostock Hosting incurs in closing your account. You agree to pay any and all costs incurred by Symbiostock Hosting in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, Symbiostock Hosting may delete all information related to you on the Services.

Limited Support Policy

Symbiostock Hosting prides itself on providing a transparent service – we do not offer free software support, what we offer is a hosting platform that caters to the server side requirements of sites that utilize the Symbiostock plugin. This means we provide a robust hosting platform with reliable disk space, bandwidth and CPU resources to create an environment suitable for Symbiostock plugin powered websites. Our support obligations to our customers involve maintaining the performance and integrity of our server hardware.

Symbiostock Hosting does not provide support for software related issues. Our hosting package fees are not inclusive of software support. Software related issues include:

- Trouble shooting software installations such as WordPress; plugins; any software You place on Symbiostock Hosting servers.
- Cron job installation and performance
- Debugging problems associated with data that You place on Our servers.
- Software configuration
- Archiving and compilation of back-up copies of Your website, data, files and hosting account.

Customers may seek support for software related issues through our paid Support Request Service or by posting questions on Symbiostock Support Forums.

Legal Purposes

The web hosting and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of Symbiostock Hosting is to provide space to serve web documents, not as an off-site storage area for electronic files and is governed by the AUP. Violations of the AUP or any other provisions of this Agreement may result in termination of the Services provided by Symbiostock Hosting, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Symbiostock Hosting based upon the severity of the violation. Symbiostock Hosting reserves the right to refuse Service if any of the content within, or any links from, the Your website is deemed illegal, misleading, or obscene, or is otherwise in breach of Symbiostock Hosting's AUP, in the sole and absolute opinion of Symbiostock Hosting. You agree that Symbiostock Hosting shall not be liable to you for loss or damages that may result from its refusal to host your website or provided the Services under this Agreement.

Account Use

You agree to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. You are responsible for security of Your password. Symbiostock Hosting will not change passwords to any account without proof of identification, which is satisfactory to Symbiostock Hosting, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Symbiostock Hosting will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Symbiostock Hosting be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless Symbiostock Hosting from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to Symbiostock Hosting you should take all due precautions to provide any sensitive information over a secure communication channel.

Currency

While all purchases are processed in US dollars, Symbiostock Hosting may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, Symbiostock Hosting makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.

Limitation of Liability; Waiver and Release

The Services offered by Symbiostock Hosting are being provided on an "AS IS" and Symbiostock Hosting expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringment, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Symbiostock Hosting expressly does not warrant that the Symbiostock Hosting Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done 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. No advice or information, whether oral or written, obtained by you from Symbiostock Hosting shall create any warranty not expressly made herein. You agree that Symbiostock Hosting will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Symbiostock Hosting; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.

In no event shall Symbiostock Hosting be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the Services, even if Symbiostock Hosting is aware of or has been advised of the possibility of such damages.

In addition, You specifically acknowledge and agree that any cause of action arising out of or related to Symbiostock Hosting or the Services provided by Symbiostock Hosting must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

In addition, You specifically acknowledge and agree that in no event shall Symbiostock Hosting’s total aggregate liability exceed the total amount paid by You for the particular Services that are the subject of the cause of action.

The foregoing limitations shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or Your use of Symbiostock Hosting or its Services offered.

No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Symbiostock Hosting.

Indemnification

Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Symbiostock Hosting and all affiliates of Symbiostock Hosting, and all officers, agents, employees, and representatives of Symbiostock Hosting, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the Symbiostock Hosting products and/or services by Symbiostock Hosting and its agents and employees. Further, You agree to defend, indemnify and hold harmless Symbiostock Hosting and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by Symbiostock Hosting’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to Symbiostock Hosting, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your licensed Symbiostock Hosting website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets.

This indemnification is in addition to any indemnification required of You elsewhere. Should Symbiostock Hosting be notified of a pending law suit, or receive notice of the filing of a law suit, Symbiostock Hosting may seek a written confirmation from You concerning Your obligation to defend, indemnify Symbiostock Hosting. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Symbiostock Hosting shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Symbiostock Hosting of any such claim promptly in writing and to allow Symbiostock Hosting to control the proceedings. You agree to cooperate fully with Symbiostock Hosting during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.

Trademark or Copyright Claims

Symbiostock Hosting is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent Symbiostock Hosting receives a proper notice of infringement of copyright, trademark or other intellectual property, Symbiostock Hosting reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if Symbiostock Hosting believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.

Symbiostock Hosting expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Symbiostock Hosting also reserve the right to terminate an account or subscriber for even one instance of infringement.

Proper notice of infringement shall include the following information in writing to Symbiostock Hosting’s designated agent:

-the electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;
-identification of the work that has been infringed;
-an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Symbiostock Hosting to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit Symbiostock Hosting to locate that reference or link;
-Your name, address, telephone number, and email address;
-a statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
-a statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder.

Notice of infringement must be sent via to Symbiostock Hosting’s designated agent to receive notification of claimed infringement as follows:
Subject Line: Legal Symbiostock Hosting – Copyright Infringement
Send email to: legal@symbiostock.com

Additional Reservation of Rights

Symbiostock Hosting expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Symbiostock Hosting in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Symbiostock Hosting in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Symbiostock Hosting, its officers, directors, employees and agents, as well as Symbiostock Hosting’s affiliates.

In the event that Symbiostock Hosting need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.

Notices

You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account information You have provided.

Eligibility, Authority & Legal Age

Our Site and Services are available only to users who can form legally binding contracts under applicable law. By using this Site and/or the Services, You represent and warrant that you are at least eighteen (18) years of age and not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If You are entering this Agreement on behalf of a corporate entity, You represent and warrant that You have legal authority to bind such corporate entity to the terms and conditions contained in this Agreement (and those additional agreements and policies incorporated by reference), in which case “You”, “Your” will also refer to such corporate entity. If, after acceptance of this Agreement, We find that You do not have the legal authority to bind said corporate entity, You will be personally responsible for the obligations contained in this Agreement and any/all related agreements that You enter into based on the Services You use, including but not limited to the payment obligations. Symbiostock Hosting shall not be liable for any loss or damage resulting from Our reliance on any instruction, notice, document or communication reasonably believed by Us to be genuine and originating from an authorized representative of Your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, We reserve the right (but undertake no duty) to require additional authentication from You. You further agree to be bound by the terms of this Agreement, and any other agreement and/or policies required by the Services purchased, for transactions entered into by You, anyone acting as Your agent and anyone who uses Your account or the Services, whether or not authorized by You.

Final Agreement

This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for Symbiostock Hosting’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

No Agency Relationship

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

Enforceability

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

Assignment and Resale

Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Symbiostock Hosting's prior express written consent.

Force Majeure

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Symbiostock Hosting, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Symbiostock Hosting may immediately terminate this Agreement.

Headings

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.


Edited: 1 July 2016