Terms and Conditions
The services provided to you are subject to the following Terms of Service ("TOS"), which may be updated from time to time without notice to you. Neo's Hosting Services may also be referred to as "we", "us" or "our" in this document.
NO WARRANTIES OR GUARANTEES, EITHER IMPLICIT OR IMPLIED, ARE PROVIDED AS PART OF OUR SERVICES. You can review the most current version of the TOS at any time at: http://windowsmoviemaker.info/terms.php.
By using our hosting service you are required to also agree with ByetHost's TOS, which are hereby included as a binding part of this TOS. In cases of any conflicts between this and ByetHost's TOS, the provisions of ByetHost's TOS shall have precedence.
You understand internet access is required to enable you to use our hosting services and that such internet access is not provided as part of our services. You understand and agree that you are solely responsible for arranging for and paying all fees associated with obtaining internet access.
This service is intended solely for the users of Windows Movie Maker and you may use our services provided that use:
- does not violate any applicable law, ordinance, regulation, standard or the terms of this document
- does not transmit or display any information which is or might be considered to be defamatory or libelous
- does not store, display or transmit any information which is or might be considered to be lewd, pornographic or obscene
- does not infringe upon or otherwise violate any copyright, patent, trademark, or other intellectual property rights of Neo's Hosting Services or any third party
- does not use or otherwise permit the use of unsolicited commercial email (a.k.a. SPAM)
- does not damage or otherwise compromise the servers or equipment used for hosting your website, including the utilization or transmission of any material containing viruses, Trojan horses, worms, time bombs or other similar harmful or deleterious programming routines
- does not use BOTs, spiders or other automated processes to access and/or use the service
- does not use any unauthorized means to modify or reroute, or attempt to modify or reroute, our services
- does not interfere with anyone else's use and enjoyment of our services
- is not inappropriate or unacceptable in Neo's Hosting Services sole opinion and judgment
You agree that bandwidth and disk usage will not exceed the prescribed maximum number of megabytes per month for our services. Neo's Hosting Services shall have the right to take corrective action if your bandwidth or disk usage exceeds the agreed upon usage levels. Such corrective action may include the disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in Neo's Hosting Services sole and absolute discretion, at any time deemed necessary by Neo's Hosting Services.
You agree to provide real and accurate contact information and to keep that information current at all times. You agree that only you may use your account and that you are solely responsible for all activity that takes place within your account and for all the content of your website.
We consider the account information you provide as private information. However, you understand and agree that we may access or disclose that information about you, your account and/or the content of any of your communications, in order to:
- comply with the law or any legal process served on us
- investigate potential violations of this document
- protect our rights, property, or safety or that of any third party or the public
Should you decide to place advertisements on your website, you agree that we have no obligation to display any part of that advertising content. With respect to any advertising content you provide, you agree that:
- all advertising content will be accurate, complete and current
- you will obtain all necessary rights, power and authority to publish that advertising content
- all advertising content content complies with applicable laws and regulations
- you can substantiate all claims, express and implied, contained within that advertising content
You agree that it is your responsibility to keep a complete and current copy of your website files as a backup on a remote system (not solely on our servers). Neo's Hosting Services is NOT RESPONSIBLE for any lost files, information or data.
You agree that Neo's Hosting Services may, under certain circumstances and without prior notice of any kind, immediately terminate your account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, (h) violation of copyright, trademark or patent protection and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within the Service, including but not limited to Hosting accounts, Email Services, SQL databases, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Neo's Hosting Services' sole discretion and that Neo's Hosting Services shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
You agree to indemnify and hold Neo's Hosting Services affiliates, officers, agents and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
Content such as music, photos and video may be protected by copyright and you may not use or share other people's content unless you own the rights or have permission to use that material from the owner. However, by posting or otherwise providing material to us for your website, you are granting us permission to publish and display that information for public viewing. You understand and agree that you will not hold us responsible in any way for subsequent public use of that material.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEO'S HOSTING SERVICES AND ITS AFFILIATES, OFFICERS, AGENTS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- NEO'S HOSTING SERVICES AND IT AFFILIATES, OFFICERS, AGENTS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEO'S HOSTING SERVICES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Neo's Hosting Service reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Neo's Hosting Service shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You may cancel the service at any time, with or without cause.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEO'S HOSTING SERVICES AND ITS AFFILIATES, OFFICERS, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEO'S HOSTING SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to be bound by all terms and conditions of this document and all parts of this document apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this agreement as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this agreement will not change. This is the entire agreememt between you and us regarding your use of our service. It supersedes any prior agreement or statements regarding your use of the service.
We will provide information for you to the e-mail address you specified when you signed up for our service; or as subsequently updated by you. You understand and agree that notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. If you do not agree to receive any notices electronically, then you must aunderstand and agree that you will stop your use of our services.
This service and website is not affiliated with Microsoft Corporation in any way and is not endorsed or supported by Microsoft Corporation.
