IGLO LTD - Acceptable Use Policy (AUP)
This Acceptable Use Policy (the "Agreement") sets forth the terms and conditions of Your Use of IGLO LTD services ("Services"). 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 IGLO LTD, as well as its subsidiaries. This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by IGLO LTD. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional IGLO LTD service(s) or products or to cancel Your IGLO LTD service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. IGLO LTD’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.
1. Sharing of Information.
As a condition of purchasing and using IGLO LTD Services, You acknowledge and agree that IGLO LTD may provide Your personal information to their partners, as necessary to provide You with the selected products and services. The provided information falls into the following categories: (a) Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive Our electronic newsletters, to participate in Our message boards or forums, to email a friend, and to participate in polls and surveys; and (b) Information IGLO LTD gathers through aggregated tracking information derived mainly by tallying page views throughout Our sites. This information allows Us to better tailor Our content to users' needs and to help Our advertisers and sponsors better understand the demographics of Our audience. Under no circumstances does IGLO LTD divulge any information about an individual user to a third party. You acknowledge and agree that Your name and justification may be disclosed to certain registries, as allowed by laws governing our type of services.
2. User Obligations.
You represent and warrant to IGLO LTD that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your service account. You also represent and warrant that the service content being hosted by IGLO LTD shall not be used in connection with any illegal activity.
You expressly (i) grant to IGLO LTD a license to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services, including content supplied by third parties, under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.
3. Network Interruptions.
IGLO LTD will use its best efforts to maintain a full time Service presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall IGLO LTD be liable to You for any damages resulting from or related to any failure or delay of IGLO LTD in providing access to the Service under this Agreement. In no event shall IGLO LTD be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of IGLO LTD under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.
4. Accounts.
This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. An IGLO LTD account may not be transferred without prior written approval from IGLO LTD.
5. Payment Terms:
o You may decide to use 30-days free trial (no Credit card information required) to assess our Products and Services before subscribing to the desired ones.
o No refund if Your account is cancelled after sign up.
o IGLO LTD may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
o If Your account becomes overdue, the account will be suspended. And it won’t be reactivated until the outstanding balance is paid in full. If outstanding balance is not paid by You within 45 days after Your service account's billing date IGLO LTD reserves the right to terminate Your services for non-payment.
o If an account is found to be in violation of the Terms of Service, it will be terminated immediately and all payments forfeited.
o For closed accounts there is a $10.00 per incident charge for all inquiries regarding previous services and or support.
o Backups of new/changed data are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for database restoration purposes only. On Client request, IGLO LTD will attempt to recover the data from the most recent backup for a $10.00.
6. Prohibited Activities.
By using any Services, provided by IGLO LTD You agree:
o not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
o not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
o not to make, attempt or allow any unauthorized access to IGLO LTD website, your own service account or the account of any other customers of IGLO LTD.
o not to allow any remote code execution of malicious software through the service account provided by IGLO LTD..
o 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.
o not to use IGLO LTD services to host any 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.
o 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.
o not to engage in or to instigate actions that cause harm to IGLO LTD or other customers. IGLO LTD reserves the right to refuse service to anyone upon our discretion. Any material that in IGLO LTD judgment, is either obscene or threatening is strictly prohibited and will be removed from IGLO LTD services 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, IGLO LTD will take corrective action upon Our own discretion and will notify You. IGLO LTD decision in such case is binding and final, and cannot be a subject of a further change. IGLO LTD cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to IGLO LTD or any other third party. We have the right to terminate each and any service account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You have taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the service account will be permanently deleted upon termination and no refund will be due. IGLO LTD will not be liable for any loss or damages in such cases.
At its discretion, IGLO LTD 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.
7. IGLO LTD Reservation of Rights.
IGLO LTD explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by IGLO LTD; (ii) establish limits and guidelines concerning the use of IGLO LTD services and/or products; (iii) terminate Your use of IGLO LTD services and/or products for use of IGLO LTD services and/or products to unnecessarily or illegally harass IGLO LTD or third parties, non-payment of fees for IGLO LTD services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the Nigeria and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of IGLO LTD, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that IGLO LTD determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of IGLO LTD services and/or products if Your use of IGLO LTD services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against IGLO LTD or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of IGLO LTD services and/or products at any time and for any reason if deemed reasonably necessary by IGLO LTD. IGLO LTD has no obligation to monitor Your use of IGLO LTD services and/or products, but reserves the right in its sole discretion to do so.
Right of Refusal. IGLO LTD has the right to refuse services to anyone at Our discretion.
8. Limitation of Liability; Waiver and Release.
The services offered by IGLO LTD are being provided on an "AS IS" and IGLO LTD 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-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, IGLO LTD expressly does not warrant that IGLO LTD services and/or products will meet Your requirements, function as intended, or that the use of the provided 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 IGLO LTD shall create any warranty not expressly made herein. You agree that IGLO LTD 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 IGLO LTD; (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.
9. Indemnification.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge IGLO LTD and all affiliates of IGLO LTD, and all officers, agents, employees, and representatives of IGLO LTD, 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 IGLO LTD products and/or services by IGLO LTD and its agents and employees. Further, You agree to defend, indemnify and hold harmless IGLO LTD 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 IGLO LTD’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 IGLO LTD, 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 IGLO LTD 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 IGLO LTD be notified of a pending law suit, or receive notice of the filing of a law suit, IGLO LTD may seek a written confirmation from You concerning Your obligation to defend, indemnify IGLO LTD. 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 IGLO LTD shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify IGLO LTD of any such claim promptly in writing and to allow IGLO LTD to control the proceedings. You agree to cooperate fully with IGLO LTD during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.
10. Trademark or Copyright Claims.
IGLO LTD 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 IGLO LTD receives a proper notice of infringement of copyright, trademark or other intellectual property, IGLO LTD 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 IGLO LTD believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.
IGLO LTD expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. IGLO LTD 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 IGLO LTD’s designated agent:
o the electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;
o identification of the work that has been infringed;
o an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit IGLO LTD 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 IGLO LTD to locate that reference or link;
o Your name, address, telephone number, and email address;
o 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
o 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.
11. Legal Age:
You attest that you are of legal age (18 or over) to enter into this Agreement.
12. Final Agreement.
This Agreement, together with all modifications, constitute 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 IGLO LTD’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.
13. 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.
14. 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.
15. 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 IGLO LTD's prior express written consent.
16. 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 IGLO LTD, 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, IGLO LTD may immediately terminate this Agreement.
17. 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.