Terms of Service

Welcome to HostBurro, which provides you with hosting services and other file services and software (the "Services") through its website hostburro.com (the "Site"), and other services offered by Adjective Noun LLC (the "Company", "we" or "us"). By using the Site, you are agreeing to be bound by the following Terms (the "Terms" or the "Agreement").

If you are agreeing to these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such company or entity, its affiliates and all users who access the Services through your account, to these Terms. If you do not have such authority, you may not use the Services.

Users of the Service

This Service is provided solely to individuals who are at least 18 years of age and US residents, or to minors who have obtained parental or legal guardian consent to open and maintain an account. If you are not a US resident and at least 18 (or have consent from a parent or legal guardian), please do not use our Services. Accounts registered by "bots" or automated methods are not authorized and will be terminated.

Your Account

To use our Services, you will need to create an account by providing us with current, complete, and accurate information as prompted by the applicable registration form. You will also choose account credentials (which may include a password, a user name, a backup email address, etc.). You are solely responsible for maintaining the confidentiality of your account credentials. You are also solely responsible for any and all activities that occur under your account. You will let us know immediately of any unauthorized use of your account or any other security breach. We will not be liable for any loss that you may incur as a result of someone else using your account and its associated credentials, either with or without your knowledge. However, you could be held liable for losses incurred by us or a third party due to someone else using your account or its associated credentials. You may not use anyone else's account at any time, without the permission of the account holder. We do not control or endorse the content, messages or information found in any Services and, therefore, we specifically disclaim any liability with regard to the Services and any actions resulting from your use of any Services. Each user is solely responsible for all of his or her messages sent through the Service.

License to Use the Service

The Company shall provide you a worldwide, non-exclusive royalty-free, personal, non-assignable license to use the Services. You may not copy, modify, distribute, sell, or lease any part of our Services or software, reverse engineer or attempt to extract any of our source code without our express written permission.

Your Responsibilities / Use of the Service

While we hope our Services are enjoyable and useful, you will not use our Services:

• for any unlawful or prohibited activities;
• to disrupt the Company networks and servers;
• to send Spam, junk mail, bulk emails or mailing list emails that contain persons that have not specifically agreed to be included on that list. For the purpose of these Terms, Spam shall mean irrelevant or unsolicited messages sent over the internet, typically to large numbers of users, for the purposes of advertising, phishing, spreading malware or viruses ("Spam");
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
• upload, use, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights, or have obtained all necessary rights, thereto;
• upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
• falsify or delete any copyright information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Termination/Suspension

We may terminate accounts which we determine, at our sole discretion, are being used for illegal activity, and/or in response to court orders informing us of such illegal activity. We reserve the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.

Upon termination, we do not have an obligation to store or forward the contents of your terminated account . We also have no obligation to store messages for accounts that are over their storage quotas.

We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.

Links to Third Party Sites

Sites linked through the Services are not under the control of the Company and the Company is not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. The Company is not responsible for webcasting or any other form of transmission received from any linked site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by the Company.

Your Content

The Services will allow you to post, upload, and/or provide content, including, without limitation, feedback, questions, comments, and other content or information ("User Content"). You shall be solely responsible for your User Content and the consequences of posting, providing or publishing such User Content. However, any User Content from you that you post on, or send to, the Sites is provided on a non-confidential basis with no obligation on our part to keep such User Content secret. Notwithstanding the foregoing, User Content is not Personal Data, which is protected as described in our Privacy Policy. You retain all intellectual property rights  in your User Content, or any third-party content for which you have obtained all necessary rights. However, by providing your User Content on the Site, you are providing us with a worldwide, non-exclusive, royalty free license, with the right to sublicense, to use, host, reproduce, distribute, communicate, and use your content, publish, publicly perform, or publicly display your User Content, if you've made it visible to others, and modify and create derivative works based on your User Content.

We reserve the right to disclose User Content and any information related to the provider of such User Content, to third parties in connection with the operation and provision of the Services, to enforce the terms of any agreement that we have with you, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect the interests of the Company where necessary. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who is claiming that any User Content you posted, provided or uploaded is fraudulent, false, or misleading or constitutes a violation of the law, or a violation of their intellectual property or ownership rights, or of their right to privacy.

You hereby release the Company from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any of your User Content.

COPYRIGHT ACT OF 1998 (DMCA)

The Company shall, in its sole discretion, terminate the access of Users of the Site who infringe upon the copyrights of the Company or others. The Company has designated an agent to receive notices of claimed copyright infringement relating to the Site under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). If you believe that your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed, you must send a written notice to the Company containing the following information:

• A physical or electronic signature of the owner of, or 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 are covered by a single notification, a representative list of such works.
• 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 us to locate the material.
• Contact information for the notifying party, including name, address, telephone number, and email address.
• 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.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.

You must submit your written notice containing the above information by, email, or postal to the following Designated Agent:

Email Address:

dmca@hostburro.com

Postal Address:

Adjective Noun, LLC
P.O. Box #1085
New York, NY 10113

If content you posted on the site was removed due to a claim(s) of copyright infringement and you would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the DMCA:

• To file a counter-notification with us, you must provide a written communication that sets forth the items specified below.
• Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users (and removal of content from users) who are infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter-notification, please use the following format:

• Identify the specific URLs of material that the Company has removed or to which the Company has disabled access.
• Provide your full name, address, telephone number, email address, and, if you are a registered User, the User name of your account.
• Provide a statement that you consent to the jurisdiction of the courts of the state of New York, and that you will accept service of process from the person who provided notification to the Company in accordance with the process outlined above or an agent of such person.
• Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or mis-identification of the material to be removed or disabled."

If You are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the address at the end of this Agreement.

Terms of Payment/Payment Processor

The Site uses a third-party payment processor, Stripe, Inc. (www.stripe.com) (the "Payment Processor") to process all payments.  The Payment Processor link is provided to you as a convenience, and we are not affiliated with or responsible for the content, action or performance of the Payment Processor. The Payment Processor accessed from the Site is independent from us and we have no control over, and assume no responsibility for, the content, privacy policy, terms of use and practices of such website or service. By purchasing our Services you agree to abide by the terms and conditions of the Payment Processor.

Due to their nature, the paid Services provided by the Company are generally non-refundable and any refunds or credits given will be at the sole discretion of the Company. Paid accounts which are terminated due to a violation of these Terms will incur the loss of all payments and credits and are not eligible for refund.

The Company has the right to discontinue service immediately if a fraudulent payment is detected, and such cases may be further referred to the competent authorities.

If you fail to fulfill your obligation of payment as a user of a paid account, we may suspend your account or delete it after an extended period of default.

If you rely on dispute or chargeback mechanisms of third-party payment processors and the result of that mechanism causes the Company to be liable for an amount exceeding the price paid for the service (e.g. dispute fee), you authorize the Company to charge that amount on your account.

Amendment to Terms

Within the limits of applicable law, the Company reserves the right to review and change this Agreement at any time. You are responsible for regularly reviewing these Terms. Continued use of the Services after such changes shall constitute your consent to such changes.

Obligations Specific to Software Available on this Site

Any software that is made available to download from the Services ("Software") is the copyrighted work of the Company and/or its suppliers. Use of the Software is governed by the terms of an end user license agreement, if any, in connection with the Software ("License Agreement"). You will need to first agree to the License Agreement before you are able to install the Software. Third party scripts or code, linked to or referenced from this Site, are licensed to you by the third parties that own such code, not by the Company.

Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, THE COMPANY MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. THE COMPANY DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.

RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

This License Agreement shall be governed by the laws of New York. Any controversy, claim, or dispute arising out of or relating to the Licensing Agreement shall be subject to the jurisdiction of the competent courts of New York, NY.

If you remove from our services any content that's covered by this License Agreement, then our systems will stop making that content publicly available in a reasonable amount of time, except where you already shared your content with others before removing it or if you make your content available through other companies' services.

Indemnification

If you are using the Services on behalf of an entity or for commercial purposes, you and the entity will indemnify, defend, and hold harmless Adjective Noun, its officers, directors, and employees, from any suit, claim or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorneys' fees.

Disclaimer

The Company makes no representations, warranties, promises, or guarantees regarding any content provided or generated by third parties. The Company acts as a passive conduit for the distribution, provision, and publication of content, and has no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of content, and accordingly, the Company is not responsible and has no liability for content. You understand that you may be exposed to content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of content. Your reliance on any User Content is at your own risk.

NOTHING IN THIS AGREEMENT SEEKS TO EXCLUDE ANY CONDITION, WARRANT OR GUARANTEE THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

THE SERVICES, INCLUDING THE SOFTWARE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. USE OF THE SERVICES ARE AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY, GUARANTEE, TERM OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED ON OR THROUGH THE SERVICES IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR AVAILABLE AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, BE LIABLE TO YOU FOR ANY (I)INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR LOSSES, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY COMPANY SITE AND COMPANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE COMPANY IN THE 3 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM OR USD $10, WHICHEVER IS LESSER.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Disputes

All disputes arising out of or relating to these terms, Services or any related Services will be governed by New York law regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of New York, NY, USA, and you and the Company consent to personal jurisdiction in those courts.

Miscellaneous

These Terms constitute the entire agreement between you and the Company with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Company with respect to the Services. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

You acknowledge that a breach by you of any confidentiality or proprietary rights provision of this Agreement may cause the Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the Company may institute an action to enjoin you from any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and additionally, the Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.

Contact

For questions are comments about this document, please email tos@hostburro.com.