terms and conditions
Terms & Conditions
HelpUsHelpYou.com//madeinUSAplease.com [_hereinafter_referred_as_::_HelpUsHelpYou//madeinUSAplease//we//us_] provide site consolidation, blogging, and webhosting services. The basic service is free and those of third parties is premium. HelpUsHelpYou//madeinUSAplease will do our best to keep it free for all registered users and visitors regardless the landing page. On top of basic features HelpUsHelpYou//madeinUSAplease will offer paid upgrades for advanced features such as [sub-]domain hosting and extra storage. HelpUsHelpYou’s//madeinUSAplease’s service is designed to give you as much control and ownership over what goes on Your Site (hereinafter referred to as SITE) as possible and to encourage you to express yourself freely. However, be responsible in what you post, host, as well as the communicate. In particular, make sure that none of the prohibited items listed below appear on SITE or get linked to from SITE (e.g., but not limited to, spam, viruses, adult or hate content).
The following terms and conditions govern all use of HelpUsHelpYou’s//madeinUSAplease’s websites, all content and all email traffic (hereinafter referred to as CONTENT), services and products available at or through the website, (hereinafter referred to as WEBSITE). WEBSITE is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, HelpUsHelpYou’s//madeinUSAplease’s Privacy Policy) and procedures that may be published from time to time on this site by HelpUsHelpYou//madeinUSAplease (collectively, hereinafter referred to as AGREEMENT).
Please read this AGREEMENT carefully before accessing or using WEBSITE. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this AGREEMENT. If you do not agree to all the terms and conditions of this AGREEMENT, then you may not access WEBSITE or use any services. If these terms and conditions are considered an offer by HelpUsHelpYou//madeinUSAplease, acceptance is expressly limited to these terms. WEBSITE is available only to individuals who are at least 13 years old.
- Your Account and Site
If you create a SITE on WEBSITE, you are responsible for maintaining the security of your account and SITE, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the SITE. You must not describe or assign keywords to your SITE in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and HelpUsHelpYou//madeinUSAplease may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause HelpUsHelpYou’s//madeinUSAplease’s liability. You must immediately notify HelpUsHelpYou//madeinUSAplease of any unauthorized uses of your SITE, your account or any other breaches of security. will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors
- the downloading, copying and use of CONTENT will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available CONTENT, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to Content;
- you have fully complied with any third-party licenses relating to CONTENT, and have done all things necessary to successfully pass through to end users any required terms;
- CONTENT does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive CONTENT;
- CONTENT cannot be of erotic, pornographic, paedophilic, extremists origin or any other form of adult and violent material;
- CONTENT is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- CONTENT is not obscene, libellous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- your SITE is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your SITE’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of CONTENT that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by HelpUsHelpYou//madeinUSAplease or otherwise.
If you operate a SITE, leave a comment on a SITE, post material to WEBSITE, post links on WEBSITE, or otherwise make (or allow any third party to make) material available by means of WEBSITE (any such material, CONTENT), You are entirely responsible for the content of, and any harm resulting from, that CONTENT. That is the case regardless of whether CONTENT in question constitutes text, graphics, an audio file, or computer software. By making CONTENT available, you represent and warrant that:
By submitting CONTENT to HelpUsHelpYou//madeinUSAplease for inclusion on your Website, you grant HelpUsHelpYou//madeinUSAplease a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish CONTENT solely for the purpose of displaying, distributing and promoting your SITE. If you delete CONTENT, HelpUsHelpYou//madeinUSAplease will use reasonable efforts to remove it from WEBSITE, but you acknowledge that caching or references to CONTENT may not be made immediately unavailable.
Without limiting any of those representations or warranties, HelpUsHelpYou//madeinUSAplease has the right (though not the obligation) to, in HelpUsHelpYou’s//madeinUSAplease’s sole discretion (i) refuse or remove any content that, in HelpUsHelpYou’s//madeinUSAplease’s reasonable opinion, violates any HelpUsHelpYou’s//madeinUSAplease’s policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of WEBSITE to any individual or entity for any reason, in HelpUsHelpYou’s//madeinUSAplease’s sole discretion. HelpUsHelpYou//madeinUSAplease will have no obligation to provide a refund of any amounts previously paid.
- Content Policy.
Users may not publish the following:- Paedophilia, Incest : written information, images or videos, or any other content that promotes paedophilia, incest . HelpUsHelpYou//madeinUSAplease has a zero-tolerance policy against child pornography.
- Hateful or Violent content: any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, veteran status and sexual orientation or gender identity as well as any direct threats of violence against any person or group of people.
- Private and Confidential information: any unauthorised publishing of people’s private and confidential information, such as credit card numbers, Social Security Numbers and driving and other licence numbers.
- Impersonation: any impersonation of others through HelpUsHelpYou’s//madeinUSAplease’s services in a manner intended to mislead or confuse others.
- Unlawful use of services: HelpUsHelpYou’s//madeinUSAplease’s products and services should not be used for unlawful purposes or for the promotion of dangerous and illegal activities. Your account may be terminated and you may be reported to the appropriate authorities.
- Pirate content: any content that promotes pirated copies of ebooks, software packages, music, movies, games, etc.
- Spam, Malicious Code or Viruses: any form of spamming or transmission of malware and viruses.
- Responsibility of Website Visitors
HelpUsHelpYou//madeinUSAplease has not reviewed, and cannot review, all of the material, including computer software, posted to WEBSITE, and cannot therefore be responsible for that material’s content, use or effects. By operating WEBSITE, HelpUsHelpYou//madeinUSAplease does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. WEBSITE may contain CONTENT that is offensive, indecent, or otherwise objectionable, as well as CONTENT containing technical inaccuracies, typographical mistakes, and other errors. WEBSITE may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. HelpUsHelpYou//madeinUSAplease disclaims any responsibility for any harm resulting from the use by visitors of WEBSITE, or from any downloading by those visitors of CONTENT there posted.
- Content Posted on Other Websites
HelpUsHelpYou//madeinUSAplease have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which HelpUsHelpYou//madeinUSAplease links, and that link to HelpUsHelpYou//madeinUSAplease. HelpUsHelpYou//madeinUSAplease does not have any control over those non–HelpUsHelpYou//non-madeinUSAplease websites and webpages, and is not responsible for their contents or their use. By linking to a non-HelpUsHelpYou//non-madeinUSAplease website or webpage, HelpUsHelpYou//madeinUSAplease does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. HelpUsHelpYou//madeinUSAplease disclaims any responsibility for any harm resulting from your use of non-HelpUsHelpYou//non-madeinUSAplease websites and webpages.
- Copyright Infringement and DMCA Policy
As HelpUsHelpYou//madeinUSAplease asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by HelpUsHelpYou//madeinUSAplease violates your copyright, you are encouraged to notify HelpUsHelpYou//madeinUSAplease in accordance with HelpUsHelpYou’s//madeinUSAplease’s Digital Millennium Copyright Act (”DMCA”) Policy. HelpUsHelpYou//madeinUSAplease will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of HelpUsHelpYou//madeinUSAplease or others, HelpUsHelpYou//madeinUSAplease may, in its discretion, terminate or deny access to and use of WEBSITE. In the case of such termination, HelpUsHelpYou//madeinUSAplease will have no obligation to provide a refund of any amounts previously paid to HelpUsHelpYou//madeinUSAplease.
- Intellectual Property
This AGREEMENT does not transfer from HelpUsHelpYou//madeinUSAplease to you any HelpUsHelpYou’s//madeinUSAplease’s or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with HelpUsHelpYou//madeinUSAplease, the corresponding logos, and all other trademarks, service marks, graphics and logos used in connection with HelpUsHelpYou//madeinUSAplease , or WEBSITE are trademarks or registered trademarks of HelpUsHelpYou//madeinUSAplease or HelpUsHelpYou’s//madeinUSAplease’s licensors. Other trademarks, service marks, graphics and logos used in connection with WEBSITE may be the trademarks of other third parties. Your use of WEBSITE grants you no right or license to reproduce or otherwise use any HelpUsHelpYou’s//madeinUSAplease’s or third-party trademarks.
- Changes
HelpUsHelpYou//madeinUSAplease reserves the right, at its sole discretion, to modify or replace any part of this AGREEMENT. It is your responsibility to check this AGREEMENT periodically for changes. Your continued use of or access to WEBSITE following the posting of any changes to this AGREEMENT constitutes acceptance of those changes. HelpUsHelpYou//madeinUSAplease may also, in the future, offer new services and/or features through WEBSITE (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this AGREEMENT.
- Termination
HelpUsHelpYou//madeinUSAplease may terminate your access to all or any part of WEBSITE at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this AGREEMENT or your HelpUsHelpYou//madeinUSAplease account (if you have one), you may simply discontinue using WEBSITE. Notwithstanding the foregoing, if you have a PREMIUM SERVICES account, such account can only be terminated by HelpUsHelpYou//madeinUSAplease if you materially breach this AGREEMENT and fail to cure such breach within thirty (30) days from HelpUsHelpYou’s//madeinUSAplease’s notice to you thereof; provided that, HelpUsHelpYou//madeinUSAplease can terminate WEBSITE immediately as part of a general shut down of HelpUsHelpYou’s//madeinUSAplease’s service. All provisions of this AGREEMENT which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties
WEBSITE is provided “as is”. HelpUsHelpYou//madeinUSAplease and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HelpUsHelpYou//madeinUSAplease nor its suppliers and licensors, makes any warranty that WEBSITE will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, WEBSITE at your own discretion and risk.
- Limitation of Liability
In no event will HelpUsHelpYou//madeinUSAplease, or its suppliers or licensors, be liable with respect to any subject matter of this AGREEMENT under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to HelpUsHelpYou//madeinUSAplease under this AGREEMENT during the twelve (12) month period prior to the cause of action. HelpUsHelpYou//madeinUSAplease shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty
You represent and warrant that (i) your use of WEBSITE will be in strict accordance with the HelpUsHelpYou’s//madeinUSAplease’s Privacy Policy, with this AGREEMENT and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States, the United Kingdom or the country in which you reside) and (ii) your use of WEBSITE will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification
You agree to indemnify and hold harmless HelpUsHelpYou//madeinUSAplease, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of WEBSITE, including but not limited to out of your violation this AGREEMENT.
- Miscellaneous
This AGREEMENT constitutes the entire agreement between HelpUsHelpYou//madeinUSAplease and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of HelpUsHelpYou//madeinUSAplease, or by the posting by HelpUsHelpYou//madeinUSAplease of a revised version. Except to the extent applicable law, if any, provides otherwise, this AGREEMENT, any access to or use of WEBSITE will be governed by the British laws, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be England and Wales and courts located in London, United Kingdom. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this AGREEMENT shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in London, United Kingdom, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this AGREEMENT shall be entitled to costs and attorneys’ fees. If any part of this AGREEMENT is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this AGREEMENT or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this AGREEMENT to any party that consents to, and agrees to be bound by, its terms and conditions; HelpUsHelpYou//madeinUSAplease may assign its rights under this AGREEMENT without condition. This AGREEMENT will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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