Bag Of Frogs Terms of Use

BagOfFrogs is a trading name of Tessellate OS Ltd, a UK Limited Company (“Tessellate OS Ltd”) provides this website located at www.bagoffrogs.com (“BagOfFrogs.com”). All the content under this domain, certain related software, and its services to you are subject to the following terms and conditions. By using BagOfFrogs.com you agree to be bound by the latest amended versions of this Agreement and BagOfFrogs Privacy and Security Policy (see “Modifications” below).

For the sake of these Terms of Use BagOfFrogs implicitly includes Tessellate OS Ltd.

SECTION 1: ACCEPTING THE TERMS

By using the information, tools, features and functionality located on BagOfFrogs.com, through any BagOfFrogs APIs, or through any software or other websites that interface with BagOfFrogs.com or its APIs (collectively the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (meaning you merely browse the BagOfFrogs.com website) or you are a “Client” (meaning you have registered with BagOfFrogs and are a paying subscriber). The term “you” or “User” refers to a Visitor or a Client. If you wish to become a Client and make use of the Service you must read this Agreement and indicate your acceptance during the Registration process. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or entity, that you have the authority to bind such entity.

SECTION 2: COPYRIGHTS

All content included on BagOfFrogs.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one coherent website, is the property of BagOfFrogs and protected by the United Kingdom and international copyright laws. Reproduction of the content of BagOfFrogs.com without the written permission of BagOfFrogs is prohibited.

SECTION 3: TRADEMARKS AND SERVICEMARKS

BagOfFrogs, the BagOfFrogs’ logo, and other BagOfFrogs’ graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of BagOfFrogs or its subsidiaries. BagOfFrogs’ trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not BagOfFrogs’, in any manner without BagOfFrogs’ permission. All other trademarks not owned by BagOfFrogs or its subsidiaries that appear on BagOfFrogs.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BagOfFrogs or its subsidiaries.

SECTION 4: LICENSE TO ACCESS BAGOFFROGS.COM AND SERVICES

In consideration for accessing BagOfFrogs.com and the Service, BagOfFrogs grants you a limited license to access and make personal use of the website. This license prohibits your downloading (other than automated page caching via browsers) or modifying any portion of it, except with express, written consent of BagOfFrogs. This license does not allow resale of BagOfFrogs’ services without BagOfFrogs’ written permission. You may not frame or utilize framing techniques to enclose any logo, or other proprietary information (including images, text, page layout, or form) of BagOfFrogs.com without express written consent from BagOfFrogs. You may not use any meta tags or any other “hidden text” utilizing BagOfFrogs’ name without the express written consent of BagOfFrogs. Any unauthorized use automatically terminates the permission or license granted by BagOfFrogs and may incur legal liabilities for any damages.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any non-password protected directories. You may not use any of the BagOfFrogs’ proprietary graphics or trademarks as part of the link without express written permission.

SECTION 5: ACCOUNTS AND PASSWORDS

If you are issued an account, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. BagOfFrogs reserves the right to, under its sole discretion, refuse service, suspend or terminate accounts, or otherwise restrict access to BagOfFrogs.com and the BagOfFrogs’ Service.

SECTION 6: THIRD PARTY APPS

You acknowledge and agree that BagOfFrogs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Apps.

SECTION 7: YOUR CONTENT

You retain full copyrights in any materials served through BagOfFrogs. Depending on the features you select or Apps you enable, BagOfFrogs may modify the content of your site. Depending on the features you enable, you acknowledge BagOfFrogs may:

Intercept requests determined to be threats and present them with a challenge page.
Add cookies to your domain to track visitors, such as those who have successfully passed the CAPTCHA on a challenge page.
Add script to your pages to, for example, add services, Apps, or perform additional performance tracking.
Other changes to increase performance or security of your website.

BagOfFrogs will make it clear whenever a feature will modify your content and, whenever possible, provide you a mechanism to allow you to disable the feature.

BagOfFrogs will terminate accounts with immediate effect with no refund of subscription if your website hosts illegal, violent media, Phishing & malware, or pornographic media. Certain media in context such as a news article or blog will be acceptable unless the main purpose of the site is to supply such material. This list is not exhaustive and maybe updated without notice.

SECTION 8: RECORDS OF BAGOFFROGS.COM VISITOR USE AND ABUSE

As a visitor to BagOfFrogs.com and a user of the BagOfFrogs Service, you consent to having your Internet Protocol address recorded and your activities monitored to prevent abuse.

SECTION 9: RECORDS OF YOUR VISITORS

You acknowledge that BagOfFrogs may use this data to improve its service or enable other services (e.g., using visitor traffic logs or data posted through the service to detect threats so as to stop future attacks).

SECTION 10: LIMITATION ON NON-HTML CACHING

You acknowledge that BagOfFrogs’ Service is offered as a platform to cache and serve web pages and websites and is not offered for other purposes, such as remote storage. Accordingly, you understand and agree to use the Service solely for the purpose of hosting and serving web pages as viewed through a web browser or other application and the Hypertext Markup Language (HTML) protocol or other equivalent technology. BagOfFrogs’ Service is also a shared web caching service, which means a number of customers’ websites are cached from the same server. To ensure that BagOfFrogs’ Service is reliable and available for the greatest number of users, a customer’s usage cannot adversely affect the performance of other customers’ sites. Additionally, the purpose of BagOfFrogs’ Service is to proxy web content, not store data. Using an account primarily as an online storage space, including the storage or caching of a disproportionate percentage of pictures, movies, audio files, or other non-HTML content, is prohibited. You further agree that if, at BagOfFrogs’ sole discretion, you are deemed to have violated this section, or if BagOfFrogs, in its sole discretion deems it necessary due to excessive burden or potential adverse impact on BagOfFrogs’ systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, BagOfFrogs may suspend or terminate your account without notice to or liability to you.

SECTION 11: INVESTIGATION

BagOfFrogs reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for BagOfFrogs’ benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in BagOfFrogs’ sole opinion, constitutes a violation of any United Kingdom law, or foreign law or regulation, or is otherwise deemed to harm the reputation of BagOfFrogs, BagOfFrogs may immediately shut down your access to the Service. You agree to waive any cause of action or claim you may have against BagOfFrogs for such action, including but not limited to any disruption to your website. You acknowledge that BagOfFrogs may, at its own discretion, reveal the information about your web server to alleged copyright holders or other complainants who have filed complaints with us.

SECTION 12: INDEMNITY

You agree to indemnify and hold BagOfFrogs, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

SECTION 13: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

BAGOFFROGS.COM, THE BAGOFFROGS’ SERVICE, AND DOWNLOADABLE SOFTWARE ARE PROVIDED BY BAGOFFROGS ON AN “AS IS” AND “AS AVAILABLE” BASIS. BAGOFFROGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF BAGOFFROGS.COM, THE EFFECTIVENESS OF ITS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON BAGOFFROGS.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF BAGOFFROGS.COM, THE BAGOFFROGS SERVICE, AND ANY DOWNLOADABLE SOFTWARE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BAGOFFROGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BAGOFFROGS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF BAGOFFROGS.COM, THE BAGOFFROGS SERVICE, OR DOWNLOADABLE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

BAGOFFROGS MAKES REASONABLE EFFORTS, BUT DOES NOT WARRANT THAT BAGOFFROGS.COM, THE BAGOFFROGS SERVICE, ANY DOWNLOADABLE SOFTWARE, THE BAGOFFROGS SERVERS, OR EMAIL SENT FROM ANY OF ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BAGOFFROGS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE BAGOFFROGS.COM, THE BAGOFFROGS SERVICE, OR BAGOFFROGS DOWNLOADABLE SOFTWARE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Notwithstanding the foregoing, BagOfFrogs acknowledges that it is compliant with the Payment Card Industry Payment Card Industry Data Security Standard (PCI DSS) and is a PCI DSS Level 1 certified organization. As such BagOfFrogs is therefore responsible for the security of cardholder data that it transmits on behalf of its customers while that data is within BagOfFrogs’ network. BagOfFrogs does not store cardholder data transmitted through its network at any point.

SECTION 14: AUTOMATIC RENEWAL AND CANCELLATION

WHEN YOU REGISTER FOR THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) BAGOFFROGS (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR SUBSCRIPTION TO THE SERVICE (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION TO THE SERVICE CONTINUES, AND (B) YOUR SUBSCRIPTION TO THE SERVICE IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICE IN ACCORDANCE WITH THESE TERMS OF USE.

IN ORDER TO PREVENT AUTO-RENEWAL OF YOUR SUBSCRIPTION, YOU MUST CANCEL YOUR SUBSCRIPTION THROUGH YOUR ACCOUNT DASHBOARD BEFORE THE BEGINNING OF YOUR NEXT MONTHLY BILLING PERIOD. YOU WILL BE BILLED IN FULL FOR THE MONTHLY BILLING PERIOD IN WHICH YOU CANCEL.

SECTION 15: TERMINATION

BagOfFrogs’ policy is to investigate violations of these Terms of Service and terminate repeat infringers. You agree that BagOfFrogs may, under certain circumstances and without prior notice, immediately terminate your BagOfFrogs account, any associated email address, and access to BagOfFrogs.com and associated Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service 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) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (h) having provided false information as part of your account; (i) having failed to keep your account complete, true, and accurate; (j) any use of the Service deemed at BagOfFrogs’ sole discretion to be prohibited; (k) use of fraudulent payment methods; and/or (l) nonpayment of any fees owed by you in connection with BagOfFrogs.com and associated Services. Further, you agree that all terminations for cause shall be made in BagOfFrogs’ sole discretion and that BagOfFrogs shall not be liable to you or any third-party for any termination of your account, access to the Service, or any disruption to your services such a termination may cause. You expressly agree that in the case of a termination for cause you will not have any opportunity to cure. You further acknowledge and agree that notwithstanding any termination, your obligations to BagOfFrogs set forth in Sections 2, 3, 4, 8, 9, 11, 12, 13, 23, 24, 25 and 26 shall survive such termination.

SECTION 16: DMCA & ABUSE REPORTS

BagOfFrogs is a pass-through network and, at most, caches content for a limited period in order to improve network performance. BagOfFrogs automatically removes content from our caches when it has been removed from our customer’s origin web server. BagOfFrogs is not a hosting provider and has no way of removing abusive content on third party hosting services. Individuals or copyright holders concerned with content served through BagOfFrogs’ network may submit a complaint for investigation to: https://www.bagoffrogs.com/report-abuse.

BagOfFrogs does not accept abuse complaints submitted over the telephone.

Please provide detailed information supporting your complaint as well as an affidavit attesting to its validity.

SECTION 17: SERVICE COVER

BagOfFrogs may supply services requested on your behalf which you may resell to a 3rd parties. However, in the case of non-payment or default due to failure to comply with the terms and conditions, you accepted that BagOfFrogs may approach 3rd parties to ensure the good trading name of BagOfFrogs and its partners are maintained.

SECTION 18: MODIFICATIONS

BagOfFrogs may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on BagOfFrogs.com. In addition, the Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

SECTION 19: LINKS

The Service may provide, or third parties may provide, links to other websites or resources. Because BagOfFrogs has no control over such sites and resources, you acknowledge and agree that BagOfFrogs is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BagOfFrogs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content.

SECTION 20: PUBLICITY

BagOfFrogs shall be permitted to identify you as a customer, to use your website’s name in connection with proposals to prospective customers, to hyperlink to your website’s home page, to display your logo on the BagOfFrogs’s web site, and to otherwise refer to you in print or electronic form for marketing or reference purposes.

SECTION 21: NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this Agreement.

SECTION 22: WAIVER

The failure of BagOfFrogs to exercise or enforce any right or provision of this Agreement 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 endeavour 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.

SECTION 23: SEVERABILITY OF TERMS

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 endeavour 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.

SECTION 24: NON-TRANSFERABILITY OF ACCOUNTS

You agree that your BagOfFrogs account is non-transferable except with the written consent of BagOfFrogs.

SECTION 25: TIME LIMITATIONS FOR CLAIMS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of BagOfFrogs.com must be filed within one year after such claim or cause of action arose or be forever barred.

SECTION 26: SERVICE USE

No service provided is to be used for illegal or immoral purposes, BagOfFrogs will retain the ability to judge what a normal person would consider as moral or acceptable. Further, any service commissioned that is used to impact the normal operation of BagOfFrogs will be considered to be in breach of the terms and conditions.

Any system built with the main purpose of running intensive CPU requests or high-level IO’s without prior agreement will be considered to be in breach of the terms and conditions.

SECTION 27: SUPPORT AND BACKUP

While BagOfFrogs will offer professional services along with backup services, BagOfFrogs accepts no responsibility for data loss. This includes but is not limited to Database information, File Storage.

SECTION 28 Governing Law and Venue

The Terms of Service and the relationship between you and Tessellate OS Ltd shall be the exclusive jurisdiction of the Courts of England and Wales and shall be governed by the laws of England and Wales.

Virtual Private Servers and Related Services in addition to the above T&C’s

Tessellate OS Ltd agrees to furnish services to the Subscriber, subject to the following Terms of Service. Use of Tessellate OS Ltd’s service constitutes acceptance and agreement to Tessellate OS Ltd’s Terms of Service.

Tessellate OS Ltd reserves the right to modify the Terms of Service without notice.

Use of Services

You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United Kingdom or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Tessellate OS Ltd of any unauthorized use of your account or any other breach of security. Tessellate OS Ltd will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.

Acceptable Conduct

You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Tessellate OS Ltd. You will not engage in any activity that interferes with or disrupts Tessellate OS Ltd’s services or networks connected to Tessellate OS Ltd.

Prohibited Usage

You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Tessellate OS Ltd will impose fees; and/or pursue civil remedies without providing advance notice.

Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.

Spam and Unsolicited Bulk Email (UBE): Tessellate OS Ltd has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Tessellate OS Ltd whether or not the message actually originated from our network.

Mailing Lists: Tessellate OS Ltd’s mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.

Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.

Tessellate OS and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United Kingdom or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Tessellate OS Ltd’s services may not be used to facilitate infringement of these laws in any way.

Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Tessellate OS Ltd or Tessellate OS Ltd’s customers.

Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.

Tessellate OS does not prohibit the use of distributed, peer to peer network services such as Tor, nor does Tessellate OS routinely monitor the network communications of customer Tessellate OSs as a normal business practice. However, customers are responsible for the contents of network traffic exiting their Tessellate OS Systems. Any usage that prompts the receipt of abuse complaints pertaining to violation of United Kingdom and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.

Invoicing and Payment

You agree that Tessellate OS Ltd shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by Tessellate OS Ltd may be turned over to an outside collection agency for collection.

Subscriber is aware that Tessellate OS Ltd may prospectively change the specified rates and charges from time to time.

Tessellate OS Ltd is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Tessellate OS Ltd. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits are issued for unused services when customer retains any active service. Pro-rated refunds are issued if customer does not retain any active service and they are specifically requested via the cancellation form. All refunds are subject to a $5.00 service charge unless cancelling within the 7 day money-back guarantee period.

Uptime Guarantee

Tessellate OS Ltd provides a 99.9% uptime guarantee on all Tessellate OS hardware, and on network connectivity. In any given month, if your Tessellate OS is down for more than 0.1%, you may request a pro-rated credit for the down-time.

Support Boundaries

Tessellate OS Ltd, provides 24 x 7 technical support to our subscribers via our Support Ticket system. The following are our guidelines when providing support: Tessellate OS Ltd provides support related to your Tessellate OS virtual server physically functioning. Tessellate OS Ltd does not offer technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration, or any other such issue. Tessellate OS Ltd does not provide technical support to your customers.

Account Cancellation or Suspension

Tessellate OS Ltd reserves the right to suspend network access to any customer if, in the judgment of the Tessellate OS Ltd network administrators, the customer’s server is the source or target of a violation of any of the other terms of service or for any other reason which Tessellate OS Ltd chooses. Tessellate OS Ltd will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Tessellate OS Ltd reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

If at any time it becomes necessary for Tessellate OS Ltd to cancel a customer’s service without cause, Tessellate OS Ltd will provide 30 days advance notice.

You may cancel the service at any time by using the “Cancel Account” link located on the “My Accounts” sub-tab of the Tessellate OS Manager. Accounts are canceled immediately after confirmation. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.

Network

If Tessellate OS Ltd assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to Tessellate OS Ltd, and Customer shall have no right to use that Internet Protocol address except as permitted by Tessellate OS Ltd in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by ARIN’s policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.

Limitation of Liability

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Tessellate OS Ltd and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Tessellate OS Ltd shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Tessellate OS Ltd. Subscriber further acknowledges that Tessellate OS Ltd’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Tessellate OS Ltd be liable for any special or consequential damages, loss or injury. Tessellate OS Ltd is not responsible for any damages your business may suffer. Tessellate OS Ltd does not make implied or written warranties for any of our services. Tessellate OS Ltd denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Tessellate OS Ltd.

Disclosure to Law Enforcement

The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Tessellate OS Ltd may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Tessellate OS Ltd shall have the right to terminate all service set forth in this Agreement.

Warranty Disclaimer

You agree that your use of Tessellate OS Ltd shall be at your sole risk. All services provided by Tessellate OS Ltd are available as is, without warranty.

Indemnity

Tessellate OS Ltd wishes to emphasize that in agreeing to the Tessellate OS Ltd Terms of Service, customer indemnifies Tessellate OS Ltd for any violation of the Terms of Service that results in loss to Tessellate OS Ltd or the bringing of any claim against Tessellate OS Ltd by any third-party. This means that if Tessellate OS Ltd is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Tessellate OS Ltd, plus all costs and reasonable attorney’s fees.

Notice

You agree that Tessellate OS Ltd may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Tessellate OS Ltd services.

Entire Agreement

The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Tessellate OS Ltd and govern your use of Tessellate OS Ltd services, superceding any prior agreements between you and Tessellate OS Ltd for the use of Tessellate OS Ltd services.

Governing Law and Venue

Waiver and Severability of Terms

The failure of Tessellate OS Ltd 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 party’s intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Tessellate OS Ltd 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.