Terms of Service
This Agreement is by and between Hostnic Inc. and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. Before you begin using Hostnic, you must read and agree to these Hostnic Terms of Service and the following terms and conditions and policies, including any future amendments. If you do not accept and abide by this Agreement, you may not use the Hostnic service.
1. Age Requirement.
You must be at least eighteen (18) years of age to use the Service. Hostnic reserves the right to refuse service to anyone at any time without notice for any reason.
3. Proper Use.
You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
You agree to abide by the Hostnic Content Policy and the rules and restrictions therein. Although we may attempt to notify you when major changes are made to the Hostnic Content Policy, you should periodically review the most up-to-date version. Hostnic may, in its sole discretion, modify or revise the Hostnic Content Policy at any time, and you agree to be bound by such modifications or revisions.
Violation of any of the foregoing, including the Hostnic Content Policy, may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Hostnic reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
Much of the content of Hostnic -- including the contents of specific postings -- is provided by and is the responsibility of the person or people who made such postings. Hostnic does not monitor the content of Hostnic, and takes no responsibility for such content. Instead, Hostnic merely provides access to such content as a service to you.
By their very nature, Hostnic may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using Hostnic.
Hostnic does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.
4. Use and Storage.
You agree that Hostnic has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. Hostnic retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
Hostnic takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Hostnic have any obligation to monitor such third-party content. Hostnic reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Hostnic also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Hostnic, its users and the public. Hostnic will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
6. Intellectual Property Rights.
Hostnic's Intellectual Property Rights. You acknowledge that Hostnic owns all right, title and interest in and to the Service, including all intellectual property rights (the "Hostnic Rights"). Hostnic Rights are protected by Korea and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, Hostnic Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
Your Intellectual Property Rights. Hostnic claims no ownership or control over any Content submitted, posted or displayed by you on or through Hostnic services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Hostnic services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Hostnic services which are intended to be available to the members of the public, you grant Hostnic a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Hostnic services for the purpose of displaying and distributing Hostnic services. Hostnic furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
You may choose to submit, post, and display any materials on or through the Hostnic service under a public license, whether by manually marking your materials as such or using Hostnic service tools to do so. For avoidance of doubt, Hostnic is not a party to any such public license between you and any third party. Also, for avoidance of doubt, Hostnic may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.
7. No Resale of the Service.
Unless expressly authorized in writing by Hostnic, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.
You represent and warrant that (a) all of the information provided by you to Hostnic to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Hostnic may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 7, and 9 - 14 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
You agree to hold harmless and indemnify Hostnic, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Hostnic will provide you with written notice of such claim, suit or action.
11. Waiver of Terms.
The failure of Hostnic to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Hostnic services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13. Choice of Law.
These Terms of Service will be governed by and construed in accordance with the laws of Korea, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Korea, and you consent to the jurisdiction of such courts.
14. Entire Agreement.
This Agreement constitutes the entire agreement between you and Hostnic and governs your use of the Service, superseding any prior agreements between you and Hostnic. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Hostnic services, affiliate services, third-party content or third-party software.
15. Member Conduct
You agree that you will not upload, distribute or reproduce on the Web Site:
a. any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
b. any material that is violent, threatening, abusive, sexually explicit, obscene, offensive, hateful, derogatory, defamatory, libelous or racially, ethnically or otherwise objectionable;
c. any material that promotes an illegal activity;
d. spam or junk mail or other material for a commercial purpose;
e. false or misleading material; or
f. any material that contains software viruses, bugs, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
g. You will not use the Web Site in any unlawful manner; and
h. You will not use or attempt to use another Member's account or create a false identity on the Web Site.