Posted date: January 27, 2022
Effective date: January 27, 2022
Short Summary of HostiFi’s Terms of Service
Thank you for using HostiFi Services! Please read this Terms of Service agreement carefully before accessing or using our Services. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented a short non-binding summary followed by the full legal terms. This summary is not legally binding and does not supersede, alter, impact, or adjust the terms of our Terms of Service in any way.
Intended User: HostiFi welcomes users from around the world subject to current legal restrictions.
Permitted Uses: These are the basic requirements to use our Services.
Third Party Links: We may link to other websites and services.
Consulting Services: We have a published rate for our consulting services. You will be billed at that rate. Any unused hours expire one year from the purchase date.
Information Collected: We may collect information from you when you sign up for our Service.
IP Ownership: We own the Service. In order for you to use our Service, we give you certain rights to it, but you may only use our Service in the way we have allowed.
DMCA Notices: If you believe that content on our Services violates your copyright, please contact by emailing legal@hostifi.com.
No Use by Children: You must be age 16 or older. HostiFi does not target our Service to children under 16, and we do not permit any Users under 16 on our Service.
Term & Termination: You may close your Account at any time. HostiFi has the right to terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. HostiFi reserves the right to refuse service to anyone for any reason at any time.
Disclaimers: We provide our Service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
Limitation of Liability: We will not be liable for damages or losses arising from your use or inability to use the Service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
Indemnification: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
Other Jurisdictions: You are assuming the risk of using our Services in your location. HostiFi assumes no responsibility for your use of our Services in all locations. Check your local and country law and regulations before using our Service.
Notice: Legal notice to HostiFi must be in writing and either emailed to legal@hostifi.com or sent by certified mail as outlined below.
No Waiver: Any failure on the part of HostiFi to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.
Assignment: HostiFi may assign these Terms of Service to any person or entity at any time with or without your consent. You may not assign any of your rights or obligations.
Right to Change Terms: We may modify this agreement, but we will give you 30 days' notice of material changes.
Governing Law & Venue: The Courts of Midland County, Michigan and the law of the State of Michigan shall control this agreement.
Class Action Waiver: You agree to waive the right to participate in a class action regarding this agreement.
HOSTIFI TERMS OF SERVICE
This Terms of Service (“Agreement”) constitutes a legally binding contract between HostiFi (Locklin Networks, LLC DBA HostiFi with a mailing address of 41000 Woodward Ave Suite 350 Bloomfield Twp, MI 48304 (“HostiFi,” “we”, “us”, “our”) and you, as a User (“User”, “Users”, “you” or “your”) with respect to the HostiFi Services located at hostifi.com (“Services”). If you become a licensed user of any HostiFi Services, software, apps, and other services (collectively, our "Services"), the terms of your relationship with HostiFi and the terms of use of those Products will be handled in accordance with the End User License Agreement (“EULA”) applicable to that Product.
It is important that you carefully read and understand the terms and conditions of this Agreement. By accessing and using our Services, you are providing your consent to abide by this Agreement. If you do not agree to these terms and conditions of the Agreement, you are not authorized to use the Services and we ask that you cease any use of our Services.
Please note that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.
1. Intended Users. HostiFi Services are intended to be used by users from all over the world. While using the Service, your use of the Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your or our jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations. Currently, HostiFi Services are not available to Users in the Crimea, Cuba, Iran, North Korea, and Syria.
2. Permitted Uses
a) License. Subject to full compliance with this Agreement, HostiFi grants you a nonexclusive, non-transferable, non-sublicensable, terminable license to access and use our Services for your use.
b) Private Use. The services made available on, by or through our Services, as well as any information provided on, by or through our Services, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links, and references (collectively, the “Information”), are provided for use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted herein.
c) Reproduction. Without the express written consent of HostiFi, no Information or any other HostiFi materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted in this Agreement.
d) Unauthorized Use. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise HostiFi promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate permission to use our Services and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of HostiFi or others.
3. Third Party Links. Our Services may contain links to other Services for your convenience. The fact that we offer such links does not indicate any approval or endorsement by us of any linked Services or any material contained on any linked Services, and we disclaim any such approval or endorsement. We do not control the linked Services, or the content provided through such Services, and we have not reviewed, in their entirety, such Services. Your use of linked Services is subject to the privacy practices and terms of use established by the specific linked Services, and we disclaim all liability for such use.
4. Consulting Services. If requested, we will provide implementation and other consulting services as outlined on our billing webpage. There is a 1 hour minimum for new customers. Unused hours expired 1 year from the data of purchase.
5. Information Collected. Use of our Services includes the submission of personal information through our online forms. You are agreeing to submit personal information including your name, email address, phone number.
6. IP Ownership.
a) HostiFi Copyright. Our Services are owned and operated by HostiFi and its licensors, and the Information (and any intellectual property and other rights relating thereto) is and will remain the property of HostiFi. The Information is protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of our Services or any Information without our prior written permission. Our Services and Information may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by HostiFi. Use of our Services or any Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using our Products and Services or any Information.
b) HostiFi Trademarks. The trademarks and logos displayed on our Services (collectively, the “Trademarks”) are the registered and unregistered trademarks of HostiFi. Nothing contained in this Agreement, or our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of HostiFi, except as set forth in this section. You acknowledge and agree that all rights in and to the HostiFi trademarks are our exclusive property, and any goodwill generated by your use of any HostiFi trademark will inure to our exclusive benefit. You will not take any action that conflicts with our rights in or ownership of any HostiFi trademark.
7. DMCA Notices. If you are a copyright owner or an agent thereof and believe that any User Generated Content or other content on the site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
● Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
● Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
● Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
● A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You can send your notice to legal@hostifi.com. A copy of your DMCA Notification will be sent to the person who uploaded the material addressed in the Notification. Please be advised that under Section 512(f) of the Digital Millennium Copyright Act you may be held liable for damages and attorneys’ fees if you make material misrepresentations in a DMCA Notification.
8. No Use by Children. You hereby affirm that you are over the age of 16, as these Services are not intended for children under 16. If you are under 16 years of age, then you may not use our Services. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
9. Term & Termination. This Agreement is effective from the date that you first access our Services and shall remain effective until terminated in accordance with its terms. HostiFi may immediately terminate this Agreement,
and/or your access to and use of our Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. You understand that HostiFi may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to HostiFi. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use our Services shall immediately cease, and you shall destroy all copies of information that you have obtained from our Services, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all HostiFi rights of ownership shall survive any termination.
10. Disclaimers. OUR SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND SERVICES ARE CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT OUR SERVICES, OR YOUR USE OF OUR SERVICES, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT OUR SERVICES, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE FROM OUR SERVICES, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF OUR SERVICES, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.
11. Limitation of Liability. NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER HOSTIFI NOR ANY OF ITS AGENTS, SUCCESSORS, OR ASSIGNS, NOR HOSTIFI MEMBERS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO OUR SERVICES, INFORMATION, AND/OR ANY LINKED PRODUCTS AND SERVICES, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIMS RELATED TO THESE SERVICES, THE INFORMATION, OR ANY LINKED PRODUCTS AND SERVICES IS TO STOP USING OUR SERVICES, OR LINKED SERVICES, AS APPLICABLE AND A FULL REFUND OF THE FEES PAID FOR THE SERVICES.
NEITHER HOSTIFI NOR ANY OF ITS AGENTS, SUCCESSORS, OR ASSIGNS, NOR HOSTIFI’S MEMBERS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS.
12. Indemnification. You agree to fully indemnify, defend, and hold HostiFi, agents, successors, and assigns and HostiFi’ s directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any materials you submit to us or transmit to our Services infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with our Services or other Services to which our Services are linked; and/or (d) your negligence or willful misconduct.
13. Other Jurisdictions. HostiFi makes no representation that our Services operate (or are legally permitted to operate) in all geographic areas, or that our Services or Information are appropriate or available for use in other locations. Accessing our Services from territories where our Services or any content or functionality of our
Services or portion thereof is illegal is expressly prohibited. If you choose to access our Services, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.
14. Notice. By use of our Services, you consent to receive electronic communications from HostiFi. You also agree that any such communications satisfy any legal requirement to make such communications in writing under this Agreement or under any applicable laws or regulations. Specifically, we may provide notice to you by sending an email to the address that you provided as part of your registration for our Products and Services. Any notice to HostiFi will be provided by both (a) send via an email to legal@hostifi.com; and (b) providing a copy by certified mail, return receipt requested to:
HostiFi (Locklin Networks, LLC DBA HostiFi)
41000 Woodward Ave
Suite 350
Bloomfield Twp, MI 48304
14. No Waiver. No delay or omission by either party in exercising any rights under this Agreement will operate as a waiver of that or any other right. A waiver or consent given by either party on any one occasion is effective only in that instance and will not be construed as a bar to or waiver of any right on any other occasion.
15. Assignment. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with HostiFi’ s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. HostiFi may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
16.Right to Change Terms. We reserve the right at any time, with or without cause, to (a) change the terms and conditions of this Agreement; (b) change our Services; or (c) deny or terminate your use of and/or access to our Services. Any changes we make will be effective immediately upon our making such changes to our Services, with or without additional notice to you. You agree that your continued use of our Services after such changes constitutes your acceptance of such changes. You hereby acknowledge that you have carefully read all the terms and conditions of our Privacy Policy (which can be accessed at hostifi.com/privacy and agree to all such terms and conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. YOUR CONTINUED USE OF OUR SERVICES AFTER SUCH POSTING MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF SERVICE.
17. Mediation and Arbitration. Any controversy between the Parties to this Agreement involving the construction or application of any of the terms, provisions, or conditions of this Agreement, shall on written request of either party served on the other, be submitted first to mediation and then if still unresolved to binding arbitration. Said mediation or binding arbitration shall comply with and be governed by the provisions of the American Arbitration Association for Commercial Disputes unless the Parties stipulate otherwise. The attorneys’ fees and costs of arbitration shall be borne by the losing party unless the Parties stipulate otherwise, or in such proportions, as the arbitrator shall decide.
18. Governing Law & Venue. This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Michigan. The Courts of Midland County, Michigan shall be the exclusive forum for any mediation, arbitration, litigation, or dispute resolution.
19. Class Action Waiver: To the maximum extent permitted by applicable law, You and HostiFi agree to only bring Disputes in an individual capacity and shall not 1. seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or 2. consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to this Agreement and all other actions or arbitrations.
20. Enforceability. If any provision of this Agreement is found to 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.
21. Entire Agreement. This Agreement, along with the Privacy Policy, constitute the entire agreement with respect to the relationship between HostiFi and you and supersedes all prior agreements, whether written or oral, concerning such relationship. This Agreement may not be changed, waived, or modified except by HostiFi as provided herein or otherwise by written instrument signed by HostiFi.