Last updated June 23, 2021
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and [business entity name] (“we,” “us” or “our”), concerning your access to and use of the saktohost.com website as well as any other media form, media channel,
mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all
of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice
of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to
have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised
Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution
or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with
local laws, if and to the extent local laws are applicable.
Option 1: The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.
Option 2: [The Site is intended for users who are at least 13 years of age.] All users who are minors in the jurisdiction in which they reside (generally
under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must
have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video,
text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”)
are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Philippines, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and
Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion
of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you
in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that:
[(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and
promptly update such registration information as necessary;]
(3) you have the legal capacity and you agree to comply with these Terms and Conditions;
[(4) you are not under the age of 13;]
(5) not a minor in the jurisdiction in which you reside [, or if a minor, you have received parental permission to use the Site];
(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(7) you will not use the Site for any illegal or unauthorized purpose;
(8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
DURATION OF THIS AGREEMENT.
This agreement commences on the date you sign up for the Service by:
Emailing your approval to host your website with SaktoHost and/or;
Signing and returning a purchase order to us.
This agreement continues until either party terminates by 15 days notice in writing to the other party. On termination or expiry of this agreement for any reason:
our obligation to provide the Service to you ceases;
you must not attempt to use or access the Service after the date of termination;
each party’s rights and obligations accrued prior to termination are not affected;
we may delete all of your data from any storage media; and
clauses 7 and 9 continue.
If the Service Provider terminates the Service for any reason, then this agreement will terminate automatically. In that case, unless the Service Provider terminated this agreement due to failure by you or a User to comply with these terms and conditions, you will be entitled to a pro-rata refund of any pre-paid hosting fees.
Server / Network Maintenance.
SCHEDULED MAINTENANCE.
In order to keep its servers up to date, the Service Provider will perform scheduled maintenance to servers from time to time. We reserve the right to suspend access to the server during the time required for the scheduled maintenance.
The Service Provider will attempt to perform all scheduled maintenance at off-peak time. If the maintenance period is expected to last for more than 30 minutes the Service Provider will post a notice regarding the maintenance to its announce mail list.
UNSCHEDULED MAINTENANCE.
Unscheduled maintenance may need to be performed. During this time the server may be off-line. In this case a notice regarding the maintenance will be posted after it is done.
Client Data and Data Backup.
UPLOADING CLIENT DATA
Except for intellectual property rights in the Client Data, the Service Provider and SaktoHost will own all intellectual property rights created during the course of providing the Service.
Subject to this clause and the Acceptable Use Policy, you and your Users may upload content that you wish to be part of your website, in the manner and form and at the times directed by SaktoHost and the Service Provider from time to time.
You must ensure that all Client Data:
complies with any content standards set by the Service Provider or SaktoHost from time to time;
complies with the Acceptable Use Policy;
complies with all Laws; and
does not infringe the intellectual property rights of any person.
the Service Provider and/or SaktoHost may remove any Client Data it considers unsuitable.
DATA BACKUP
It is your responsibility to maintain local copies of your web content and information. The Service Provider performs weekly snapshots of all server data and daily incremental backup of all system and Client Data. However, we strongly recommend that all users keep their own recent copy of their sites for any unforeseen events. Backups are made for server restoration purposes only. In the event of equipment failure or data corruption, you should be prepared to re-upload your data to your account.
UPDATES OF WEBSITE SOFTWARE
From time to time, the Service Provider and SaktoHost may provide updates to the website software used to run your website. It is your responsibility to update your website to the new version of the software. If you do not update to the new version of the software, then: the security of your website and Client Data may be compromised.
Sub-domains and Account Rights.
SUB-DOMAINS
The Service Provider may provide some domain names to be used as sub-domains. These domain names (and all sub-domains of these domains) will remain the property of the Service Provider .
The domain names (and all sub-domains of those domains) are provided at the Service Provider’s discretion. We make no guarantee that:
you will be provided with a domain name or sub-domain by the Service Provider;
any particular domain name is or will continue to be available for you to use; or
no domain name is or will be registered which conflicts with your preferred domain name or otherwise affects use of your domain name.
If any dispute arises in relation to a domain name provided by the Service Provider, then the Service Provider may withhold, suspend or cancel the domain name.
We are not liable to you or any other person for any cost, loss or liability (including loss of profit or other consequential damage) arising from the Service Provider’s supply or failure or delay in supplying these sub-domains.
Domain Transfer Administrative Fee
If a client requests the transfer of a domain name registered on their behalf through SaktoHost, a Domain Transfer Administrative Fee of ₱500 will apply. This fee is the same as our standard technical support fee and covers the administrative and operational tasks involved in processing the transfer. The fee will be charged prior to the transfer being initiated.
HOSTING PLAN
At the time that you sign up for the Services, you must select a website hosting plan from those offered in your quotation. Each website hosting plan comes at a different cost, and offers a different level of service. The hosting plan you select will determine the:
disk space (web files, email and database);
maximum monthly level of traffic usage before incurring extra traffic costs;
number of domains, sub-domains and domain aliases;
mySQL databases; and email mail lists, that is included in the Services.
NO RESALE
You must not resell the Services without our express permission. Reselling of the Services without our express permission will bring you into breach of this agreement.
ACCESS TO ACCOUNT
Access to your account using the Service includes access to: your website; and File Access: files stored on the website/hosting account, via the WordPress Toolkit.
The Service does not include access to the Service Provider’s hosting account.
You can obtain access to your account through the username and password that we assign to you. It is your responsibility to maintain the confidentiality of your username, password and other account information.
TECHNICAL SUPPORT AND OTHER ADDITIONAL SERVICES
The Fees include the provision of normal web hosting and server maintenance services.
At your request, we may carry out Additional Services for you, for example:
technical support for application specific issues, such as PHP, html or script installation;
You must pay for all Additional Services that you request at our then current Professional Rates.
SUSPENSION OR TERMINATION OF ACCOUNT
We may monitor your account and the conduct of your account (but we have no responsibility to do so) to determine whether you and all Users are complying with this agreement.
We reserve the right to suspend your account, or terminate your account with immediate effect without notice, if:
we believe that your use of the Service may be in breach of any law;
we believe that you or a User has committed a breach of this agreement;
we believe that your use of the Service may compromise or have an adverse effect on our systems or networks, or the Service Provider’s systems or networks; or
the Service Provider suspends or terminates your account.
If we believe that your use of the Service may be in breach of any law, then we may notify the relevant authorities, and provide them with relevant information as appears appropriate in the circumstances.
You agree that you will have no claim against the Service Provider or SaktoHost in respect of any action reasonably taken by us or the Service Provider under this clause, and you indemnify the Service Provider and SaktoHost against any claim by a User arising out of the same.
Payment.
BILLING.
At the commencement of this agreement, the following billing method is implemented:
monthly and annual billing for the hosting fees applicable to your Hosting Plan;.
You must pay all Service charges, minimum charges and other amounts incurred by you or any User or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option you selected.
FEES.
You are liable to pay the following fees:
the setup fee (if any) that we advise you of at the commencement of the agreement;
fees for Excess Traffic Usage (if any) for each month, and
fees for Excess Storage (if any) for each month,
fees for Additional Services (eg: domains, SSL Certificates etc. If any) that you request us to perform, collectively, the Fees.
The hosting fees are charged monthly or annually. The Fees are exclusive of any registration or delegation charges imposed by domain name authorities or your ISP.
The fees for Excess Traffic Usage and Additional Services are charged at the end of the month for the previous month, unless other arrangements are made in writing with SaktoHost.
At the time of purchase, the client will pay the setup fee (if applicable) and prepay a recurring amount for the selected hosting period. Charges for Excess Traffic Usage (web, ftp and mail) and Additional Services will be billed retrospectively, for the previous month.
CHANGES TO FEES.
Our current Fees are set out in your quotation. They will apply to you for the duration of the billing period.
We reserve the right to change our Fees. If we change our Fees, then we will provide you with notice of the changed Fees through the SaktoHost website, or email to clients. The new fees will apply from the date that your pre-paid billing period expires.
INVOICING.
Your invoice will be sent to you at the time the payment is due. You must pay as indicated on the invoice sent to you from SaktoHost.
We reserve the right to immediately terminate the Service if payment is not received timely.
The Service Provider and SaktoHost are not responsible for data integrity on accounts suspended for non-payment.
Limitations of Service
You acknowledge that, due to the inherent risks of the internet, and of computer-based networks and systems:
the services provided under this agreement will not be uninterrupted or error free;
the services may not meet your requirements; and
your data may not be secure or protected from loss or corruption, and data loss or corruption may occur due to delays, service interruptions or other reasons.
Liability
IF YOU ARE NOT A CONSUMER:
our liability to you for any Loss, however caused (including by our negligence), that you suffer or incur in connection with the Service or this Agreement, whether or not you were aware of the possibility of such Losses to you when this agreement was entered into, is limited to the amount of Fees received by us from you under this agreement;
the maximum amount you may claim from us for Losses suffered or incurred by you in connection with this agreement is limited to the aggregate amount of fees which you have paid us at any time, less any amounts already paid out or due to be paid out by us to you for any reason;
we are not liable for any indirect or consequential losses, or any loss of revenue, loss of profit, loss of business opportunity, or payment of liquidated sums, penalties or damages under any agreement) sustained by the you or any other person arising from or in connection with the Service or this agreement;
we are not liable for any Losses you suffer or incur by or in connection with the Service or this agreement that is caused by (or to the extent contributed to by) the acts or omissions of a third party; and
we are not liable for any Losses you suffer or incur due to factors outside our reasonable control.
IF YOU ARE A CONSUMER, OUR LIABILITY TO YOU FOR FAILURE TO APPLY WITH ANY APPLICABLE CONSUMER GUARANTEE IS LIMITED TO (AT OUR ELECTION):
in relation to goods:
replacing the goods or supplying equivalent goods (or paying the cost of either); or
repairing the goods, or paying the cost of having the goods repaired;
in relation to services:
resupplying the services to you; or
paying the cost of having the services resupplied.
IF YOU ARE A CONSUMER, OUR LIABILITY TO YOU FOR ALL LOSSES, HOWEVER CAUSED (INCLUDING BY OUR NEGLIGENCE), SUFFERED OR INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, OTHER THAN A FAILURE BY US TO COMPLY WITH ANY APPLICABLE CONSUMER GUARANTEE, IS LIMITED AS SET OUT IN CLAUSE ABOVE.
CLAUSES DO NOT APPLY:
in relation to a Title Guarantee;
to the extent that it is not Fair or Reasonable for us to rely on them; or
in relation to Consumer Goods or Consumer Services we supply to you.
ANY CONDITION OR WARRANTY WHICH WOULD BE IMPLIED BY LAW AS A TERM OF THIS AGREEMENT IS EXCLUDED.
You agree to abide by the Service Provider’s Acceptable Use Policy. You are solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to such data to us.
You must, and you must ensure that any User does, comply with the Acceptable Use Policy at all times in relation to the Service.
The Service Provider reserves the right to immediately discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, and these terms and conditions. We are not liable for any Losses that you suffer as a result of any such discontinuation.
You indemnify us.
The Client agrees to indemnify and hold harmless the Service Provider and SaktoHost and the employees and agents of the Service Provider and SaktoHost (together, “Indemnified Parties”) against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber’s use of the Services and Products, and will reimburse each Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
This clause does not apply:
if you are a Consumer, in relation to any Losses that arise from our breach of a Consumer Guarantee or Title Guarantee;
in relation to Consumer Goods or Consumer Services we supply to you; or
to the extent that it is not Fair or Reasonable for us to rely on it.
Governing Law
This agreement and the transactions contemplated by this agreement are governed by the law of The Philippines.
ACCEPTABLE USE POLICY
This is the Service Provider’s Web Hosting Acceptable Use Policy. It applies to all Customers and all Users.
This Acceptable Use Policy may change if:
the Service Provider changes it; or
the Service Provider changes and a new Service Provider begins providing the Service.
If the Acceptable Use Policy changes:
the Service Provider or SaktoHost will notify you of the change through the website or by email to clients, or both;
the new Acceptable Use Policy will apply from the date that we or the Service Provider notifies you of it; and
if you disagree with the new Acceptable Use Policy, you may terminate this agreement by providing 15 days’ notice to SaktoHost as set out in the first clause.
Terminology:
Customer:the person or company which has entered into an agreement with SaktoHost for supply of Services whether via our website or otherwise.
Service: hosting and domain registration services offered by the Service Provider and SaktoHost that you use, and that is subject to the limitations set out in clauses above.
Users: users of the Service by the Customer.
General:
The Service Provider and SaktoHost are not responsible for the content of traffic:
We exercise no supervision or control whatsoever over the content of the information passing through our network. We accept no responsibility for the consequences of unauthorised breach of our system security such as hacking or denial of service attacks. You are responsible for use of your account. If you permit others to use our service, you are responsible for making users of the service aware of this policy and obtaining compliance of your users with this policy.
Account Uses:
You may use the service for the purpose of web site hosting so long as such use is legal and does not constitute an unacceptable use.
The Service Provider does NOT allow ADULT material of any kind. Adult material includes nudity, porn, etc. Links to other web sites containing adult material are NOT permitted either. The Service Provider reserves full right to suspend any account that does not comply with this guideline.
You may not use the Service for any purpose that violates local, State, Federal or international laws.
You may not use the Service for spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message), generating extremely high volumes of outgoing mail than a normal user, and subscribing someone else to an electronic mailing list without that person’s permission.
The Service Provider’s services may not be used as a conduit of spam, or for transit of spam, or for activities relating to the propagation of spam or benefiting thereof. The Service Provider remains the final arbitrator of what is or is not considered spam on the Service Provider’s network.
Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email.
You may not abuse our server resources. Running programs in the background on our server without our prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of the Service Provider’s servers. In addition any domain that exceeds reasonable bandwidth usage can be terminated without prior notice.
You may not use the Service Provider’s servers for development purposes. The Client’s web site must be fully developed and tested before it can be moved to our servers. If we find excessive number of errors in the web log files of your account, we reserve the right to suspend your account without prior notice until your website is debugged.
You may not use your the Service Provider hosting account as a download repository. If you plan to offer files, other than web page files, for downloading, including music and video files, you must negotiate the terms with the Service Provider. We reserve the right to suspend such accounts without prior notice.
You may not use your account for hacking/cracking. We reserve the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.
The Customer is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The Customer is responsible for securing their username/password.
We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed.
We may suspend or terminate your account and/or notify the authorities. If we believe that your use of the service may break the law or that you have not complied with this policy we may warn you by email (but we are not obliged to do so); suspend your access to the service; terminate your account without notice; and/or notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
You agree that you will have no claim against the Service Provider or SaktoHost in respect of any action reasonably taken by the Service Provider in its implementation of the terms of this Acceptable Use Policy, and you indemnify the Service Provider and SaktoHost against any claim by a User arising out of the same.
General
Any notice given under this agreement must be in writing, addressed to the other party’s contact persons as notified by the other party.
This agreement does not create a relationship of employment, agency or partnership between the parties.
We may subcontract our obligations under this agreement.
The failure of a party at any time to insist on performance by the other party of an obligation under this agreement is not a waiver of any of its rights.
If part or all of any of the provisions of this agreement is illegal or unenforceable, it will be severed from this agreement, and will not affect the continued operation of the remaining provisions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation,
or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements;
(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone
considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our
affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to
us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit
by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile
application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance
with the terms and conditions of this mobile application license contained in these Terms and Conditions.
You shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the
application;
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the
Site:
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the
Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms and conditions;
(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions
of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each
App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the
App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum
extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the
U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must
not be in violation of their wireless data service agreement when using the mobile application;
6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained
in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and
conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account,
a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party
Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party
Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us
to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you
have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account,
including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you
are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable
information that you post to your Third-Party Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party
service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between
your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S)
WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and
we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile
device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account
settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the
username and profile picture that become associated with your account.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties
(“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and
we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from
the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party
Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own
risk, and you should be aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site
or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and
from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third
party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm
caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating
to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements.
If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products
sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not
limited to, intellectual property rights, publicity rights, and contractual rights.
[As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place
such advertisements, and we have no other relationship with advertisers.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy https://www.saktohost.com/privacy-policy/ posted on the Site]. By using the Site, you agree to be bound by
our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States.
If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection,
use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to
the United States, and you expressly consent to have your data transferred to and processed in the United States.
[Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the
U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without
the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.]
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you
own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant
to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located
on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification,
a representative list of such works on the Site;
(3) 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;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email
address at which the complaining party may be contacted;
(5) a statement that the complaining party has 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;
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter
notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
(2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the
United States, for any judicial district in which we are located;
(3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake
or misidentification of the material to be removed or disabled;
(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless
we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing
activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for
damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you
own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent
to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you
are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.]
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT
OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
MISCELLANEOUS
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and
us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of
the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto
to execute these Terms and Conditions.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
https://www.saktohost.com/contact/