This document outlines the Terms of Service to which you agree to follow and abide by in your use of Huuzy services, if at any time you do not agree to any revision, you may request that your account be deleted via our contact form.
Acceptance of Terms
Huuzy provides its service to you subject to your agreement to the following Terms of Service (TOS) which may be updated periodically with or without notice to you at anytime. You will always be able to view the current TOS by visiting the Huuzy website and clicking the link for the Terms of Service. In addition to your agreement to these terms, you may be obligated to abide and agree to other, additional, terms of service, guidelines, or other rules or obligations when using other Huuzy owned, operated or otherwise provided services and both you and Huuzy shall be subject to the terms of those specific agreements in addition to this agreement.
All other guidelines, Terms of Service or other rules and guidelines are hereby incorporated by reference into this agreement although you may also be obligated to adhere to specialized Terms of Service agreements in regards to other services provide by Huuzy in order to utilize said services or functions.
Huuzy provides users with access to a rich variety of resources including communication tools, forums, shopping services, search services, personalized content and branded programming throughout its network of properties which may be accessed through any number of mediumns or devices available or manufactured hereafter (SERVICE).
You understand and agree that any part or all of said SERVICE may include advertisements and that those advertisements are necessary for Huuzy to provide its services to you. It also understood by you that you agree that the SERVICE may include certain communications from Huuzy such as service announcements amd administrative messages, and that you will not be able to "opt-out" of these communications which are considered part of your Huuzy membership.
Unless explicitly stated otherwise, any new feature that augements, enhances or otherwise modifies the current SERVICE including the release of new Huuzy properties and/or service shall be subject to the TOS.
Also, you understand and acknowledge that the SERVICE provide by Huuzy is provided on an "AS-IS", "BEST EFFORT" basis and that Huuzy assumes no responsibility for the timelines, deletion, mis-delivery or failure to store any user communication, settings or other data. You assume full responsibility for obtaining access to the SERVICE which may involve paying third-party fees such as your Internet Service Provider or airtime charges. You also assume full responsibility for paying any and all fees associated with the display or delivery of advertisements or other content provided on the SERVICE. In addition, you also assume full responsibility for providing any and all equipment necessary to access and utilize the SERVICE.
Obligations of Registration
In consideration of your use of the SERVICE, you represent that you are of legal age to form a legal binding contract and that you are in no way barred or restricted from receiving use of the SERVICE under the laws of the United States of America, United Kingdom or other applicable jurisdictions. You also agree to provide wholly accurate, current and complete information about yourself as requested by the SERVICE registration form (REGISTRATION DATA) and that you maintain and promptly update the REGISTRATION DATA to keep it current, accurate and complete.
If at any point it comes to our attention that any part of your REGISTRATION DATA or other information is false, inaccurate, outdated or incomplete or, Huuzy has reasonable grounds to suspect such information is false, inaccurate, outdated or incomplete, Huuzy reserves the right to suspend, delete and/or otherwise terminate your account(s) and refuse any and all current or future use of the SERVICE (or any portion thereof).
As always, Huuzy is concerned with the safety and privacy of all its users, especially young children. Please remember that in using the SERVICE that it is designed to appeal and be accessed by a broad audience. As the legal guardian of any child or children which may access the SERVICE, it is your duty and responsibility to determine if offerings available on the SERVICE are appropriate for your child's viewing or exposure.
Member Account, Password and Security
You will receive credential information including an account login and password upon completing the SERVICE registration process. The protection and securing of this information is your responsibility and you assume full responsibility including any liability for any and all activities which occur under your credentials.
Should you discover that your credentials have been compromised, you agree to promptly notify Huuzy of such compromise and any unauthorized use of your account information and/or any other security breach.
Huuzy cannot and will not be held liable for any losses or damages sustained by you or inflicted upon others due to your failure to comply with the terms of this section.
You understand and agree that all information, data, text, software, music, audio, photographs, graphics, video, messages, and/or other materials (CONTENT), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such CONTENT originated. This means that you, not Huuzy, are entirely responsible for all CONTENT that you upload, post, e-mail, transmit, or otherwise make available via the SERVICE.
Huuzy does not control the CONTENT posted via the SERVICE and, as such, does not warrant or make any guarantee as to the accuracy, integrity, or quality of said CONTENT.
You also understand and agree that through your use of the SERVICE, that you may be exposed to CONTENT which you may find offensive, pornographic, indecent or otherwise objectionable and that under no circumstances is Huuzy in anyway liable for any CONTENT, including but not limited to, any errors or omissions in any CONTENT, or any loss or damage of any kind incurred as a result of the use of any CONTENT posted, e-mailed, transmitted or otherwise made available via the SERVICE.
You agree that you will not use the SERVICE for:
* Uploading, posting, e-mailing, transmitting or otherwise making available any CONTENT which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
* Harming minors in any way.
* Impersonating any person or entity, including but not limited to, a Huuzy official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
* Forgery of headers or otherwise manipulating identifiers in order to disguise the origin of any CONTENT transmitted through the SERVICE.
* Uploading, posting, e-mailing, transmitting or otherwise making available any CONTENT that you do not have the right to make available under any law or contractual or fiduciary relationships (such as insider information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
* Uploading, posting, e-mailing, transmitting or otherwise making available any CONTENT that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights (RIGHTS) of any party.
* Uploading, posting, e-mailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas (such as shopping) that are designated for such purposes.
* Uploading, posting, e-mailing, transmitting, or otherwise making available any material which contains any software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
* Uploading, posting, e-mailing, transmitting or otherwise making available any material that can be classified as being of a broadcast or streaming type of format.
* Interfering with or disrupting the SERVICE or servers or networks connected to the SERVICE, or disobeying any requirements, procedures, policies, or regulations of networks connected to the SERVICE.
* Intentionally or unintentionally violating any applicable local, state, national, or international law, including but not limited to, regulations promulgated by the United States Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange, or NASDAQ and any regulations having the force of law.
* Providing material support or resources (or to conceal or disguise the nature, location, source or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
* Stalking or otherwise harassing another; and/or.
* Uploading, posting, e-mailing, transmitting or otherwise making available material for the purposes of file distribution, relay, or streaming reasons.
* Collecting or storing personal data on or about other users in connection with the prohibited conduct and activities set forth in points one through fourteen above.
You acknowledge and understand that Huuzy may or may not pre-screen CONTENT but that Huuzy and its designees shall have the right but not the obligation in their sole discretion to pre-screen, refuse, alter, or delete any CONTENT that is available via the SERVICE. Without limiting the foregoing, Huuzy and its designees shall have the right to remove any CONTENT that violates the TOS or is otherwise objectionable at the discretion of Huuzy.
You agree and understand that it is your responsibility to evaluate and bear any and all risks associated with the use of any CONTENT, including any reliance on the accuracy, completeness or usefulness of such CONTENT. In this regard, you acknowledge that you may not rely on any CONTENT created by Huuzy or submitted to the SERVICE, including without limitation, information in the Huuzy forums and in all other parts of the SERVICE.
You acknowledge, consent and agree that Huuzy may access, preserve and/or disclose your account information, REGISTRATION DATA and CONTENT if required to do so by law or in a good faith belief that such action is reasonably necessary to, comply with legal process and procedure, enforce the TOS, respond to claims that CONTENT violates the rights of third parties, respond to your requests for support or customer service, or, to protect the rights, property or personal safety of Huuzy, its users and the general public.
You understand that the technical processing and transmission of the SERVICE, including your CONTENT, both to and from the SERVICE, may involve transmission over various networks and/or changes to your CONTENT to conform and adapt to technical requirements of connecting networks or devices.
You understand that the SERVICE and software embodied within the SERVICE may include security components that permit digital materials to be protected and that the use of these materials is subject to usage rules set forth by Huuzy and/or content providers who provide content to the SERVICE. You may not attempt to override or circumvent any of the usage rules embedded into the SERVICE. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the SERVICE, in whole or in part, is strictly prohibited.
Interstate Nature of Communications
You acknowledge that in using Huuzy SERVICE to send electronic communications (including but not limited to e-mail, uploading data, or other Internet activities), that you will be causing communications to be sent through Huuzy computer networks, portions of which are located in the state of California, the state of Ohio and the United Kingdom as well as other locations within the United Sates and/or portions of which are located in other parts of the civilized world.
As a result, any and all communications which may seem to be local or intrastate in nature, may result in interstate and international communications regardless of your physical location.
Accordingly, you acknowledge the fact that your use of the SERVICE can and may result in interstate and/or international data transmissions over third party networks, which may be public or private in nature, and governed by other terms of service outside of this document.
You understand and agree to comply and abide by all local laws regarding your online conduct and acceptable CONTENT; specifically, you agree to comply with all applicable local laws regarding the transmission of technical data or information exported from the United States of America or the country and/or jurisdiction in which you reside.
Ownership of User-submitted Content
Huuzy does not claim ownership of CONTENT you submit or make available for inclusion on the SERVICE, however with respect to CONTENT you submit or make available for inclusion on the SERVICE, you grant Huuzy a worldwide, royalty-free and non-exclusive license for as long as you elect to include such CONTENT on the SERVICE which will terminate upon you or Huuzy removing said CONTENT from the SERVICE.
User Contributions to Huuzy
In submitting your ideas, suggestions, documents, and/or proposals (CONTRIBUTIONS) to Huuzy through any means, you acknowledge and agree that your CONTRIBUTIONS do not contain confidential or proprietary information and that Huuzy is under no obligation of confidentiality, whether expressly written or implied with respect to the CONTRIBUTIONS, that Huuzy is and will be entitled to use or disclose (or opt not to use or disclose) such CONTRIBUTIONS for any purpose, in any way, in any media or through any medium worldwide, that Huuzy may have something similar to the CONTRIBUTIONS already under consideration, in development and, that your CONTRIBUTIONS automatically become property of Huuzy without any obligation of Huuzy to you, and, that you are not entitled to any compensation or remimbursement of any kind from Huuzy or its affiliates under any circumstances.
You agree to indemnify and hold harmless Huuzy and its subsidiaries, affiliates, officers, agents, employees, partners, associates and licensors from any claim or demand, including attorney fees, made by any third party due to or arising out of CONTENT which you submit, post, transmit or otherwise make available through the SERVICE, your use of the SERVICE, your connection to the SERVICE, your violation of the TOS or other agreements, or your violation of any rights of another.
Right of Sale
You agree and understand that you are not to reproduce, copy, sell, trade, resell or exploit, for any commercial purposes, any portion of the SERVICE (including your credentials), use of the SERVICE or access to the SERVICE.
General Practices Regarding Use and Storage
You acknowledge that Huuzy may establish general practices and limits concerning use of the SERVICE, including without limitation, the maximum number of days that idle hosting accounts, forum posts and/or other uploaded CONTENT will be retained by the SERVICE, the maximum number of e-mail messages that may be sent to or from an account on the SERVICE, the maximum size of any e-mail sent to or from an account on the SERVICE, the maximum amount of disk space that will be alotted on the servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the SERVICE in a given time period.
You agree that Huuzy has no responsibility, obligation or liability for the deletion or failure to store any messages, communications or other CONTENT maintained or transmitted by the SERVICE. You also acknowledge and understand that Huuzy reserves the right to force your account to log off once it has reached a period of inactivity and furthermore, that Huuzy reserves the right to modify these general practices and limits with or without notice to you.
Modifications to Services
Huuzy reserves the right to, at anytime with or without notice, modify, discontinue, either temporarily or permanently, the SERVICE or any part thereof and you agree that in exercising this right that Huuzy shall not be held liable to you or to any other party for any modification, suspension, or discontinuance of the SERVICE.
You agree that Huuzy may, under certain circumstances and without prior notice, immediately terminate your Huuzy account, any associated e-mail addresses and/or other means of access to the SERVICE.
Cause for such termination shall include but is not limited to:
* Breaches or violations of the TOS or other incorporated agreements or guidelines;
* Requests by law enforcement or other government agencies;
* A request by you (self-initiated account deletions);
* Discontinuance or material modification to the SERVICE (or any part thereof);
* Unexpected technical or security issues or problems;
* Extended periods of inactivity;
* Engagement by you in fraudulent or illegal activities;
* Non-payment of any fees owed by you in connection with provided SERVICE.
Termination of your account includes, removal of access to all offerings within the SERVICE including but not limited to:
* Hosting accounts;
* E-mail services;
* SQL databases;
* Deletion of your password and all related information, files and CONTENT associated with or inside your account (or any part thereof);
* Barring of further and future use of the SERVICE
Furthermore, you agree that all terminations for cause shall be made at the sole discretion of Huuzy and that Huuzy shall be not liable to you or any third party for any termination of your account, associated e-mail address or access to the SERVICE.
Dealings with Advertisers
You agree that your correspondence, business dealings or other form of participation with, in or of advertisers found in, on or through the SERVICE, is solely between you and that party and that Huuzy is not and will not be held responsible or otherwise liable for any loss or damage of any sort incurred by you as a result of such dealings or as a result of the presence of such advertisers in, on or through the SERVICE.
The SERVICE may provide or contain links to other websites or resources including those provided through third parties. You understand and agree that Huuzy has no control over all sites and resources linked to or from the SERVICE and that Huuzy is not responsible for the availability of such external websites or resources, that Huuzy does not endorse nor is it responsible or liable for any CONTENT, advertising, products or other materials on or available from such websites or resources.
Furthermore you agree and acknowledge that Huuzy shall not be held responsible nor liable, whether directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with your use or reliance upon any such CONTENT, goods or services available on or through any such website or resource.
Proprietary Rights of Huuzy
You acknowledge and agree that the SERVICE and any necessary software used in connection with the SERVICE (SOFTWARE) contain proprietary and confidential information that is protected by applicable intellectual property, copyright and other laws. You further acknowledge and agree that CONTENT contained in sponsor advertisements or information presented to you through the SERVICE or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights, priveleges or laws.
Except as expressly authorized by Huuzy or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or creative derivative works based on the SERVICE, CONTENT or SOFTWARE in whole or in part.
Free Domain with Huuzy Premium
You understand and accept that domains registered through Huuzy are done so in partnership with Byethost Internet Group which will retain ownership of any and all free domains registered through Huuzy. If requested, Byethost will permit the transfer of any free domains to an alternative domain hosting provider if a transfer administration fee is paid in the amount of $29.99.
If your service has been provisioned for over 12 months, Byethost may waive the above mentioned fee at the sole discretion of the Byethost Internet Group and, Byethost reserves the rights to cancel or transfer domain names which are provided with Huuzy Premium as well as the right to renew or allow expiration of domain names registered through Huuzy.
Disclaimer of Warranty
You understand and expressly consent and agree to the following:
* Your use of the SERVICE is at your sole risk. That the SERVICE is provided on an "AS-IS", "AS AVAILABLE" and "BEST EFFORT" basis and that Huuzy and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any and all kind, whether expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular use and non-infringement.
* Huuzy makes no warranty that the SERVICE will, meet your requirements, be uninterrupted, timely, secure and/or error-free, that results obtained from the SERVICE will be accurate or reliable, that the quality of any products, services, information or other material purchased or otherwise obtained by you through the SERVICE will meet your expectations and that any errors in the software will be corrected.
* Any material downloaded or otherwise obtained through your use of the SERVICE is accessed at your own discretion and risk and that you are the sole responsible person for any damage to your computer system or device or for any loss of data that results from the download of such material.
* Any advice or information, whether oral or written, obtained through your use of the SERVICE or from Huuzy shall not confer nor otherwise create any warranty not expressly stated within the TOS.
* And, that a small percentage of users may experience epileptic seizures when exposed to certain patterns of light or frequencies or backgrounds on a computer while using the SERVICE, certain conditions may induce previously undetected episodes in users without a prior history of seizures or epilepsy.
Limitation of Liability
You expressly consent, agree and understand that Huuzy and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be held liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Huuzy has been advised of the possibility of such damages), resulting from your use or inability to use the SERVICE, the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through, from or on the SERVICE, unauthorized access or alteration of your transmissions or data, statements of conduct of any third party on the SERVICE, or any other matter relating to the SERVICE.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, accordingly some of the above limitations may not apply to you.
You agree and understand that Huuzy may provide you with notifications including those relating to changes to the TOS by any means including e-mail, postal mail and/or other postings on the SERVICE.
You aslo agree that through your use of the SERVICE, you agree fully and completely with our Partner Terms
Intellectual Property Procedures
Huuzy respects the rights of others and we ask our users to do the same. Huuzy may, in appropriate circumstances at the discretion of Huuzy, disable and/or terminate the accounts of users who may be repeat infringers upon the rights of others.
If you believe that CONTENT hosted on the Huuzy network may be violating copyright or other intellectual property rights, please provide Huuzy with the following information:
* An electronic signature of the person authorized to act on the behalf of the owner of the copyrighted work or other intellectual property interest.
* A description of the work that you claim has been infringed upon.
* A description of where the infringing material is located on our SERVICE.
* Your full name, address, telephone number and e-mail address.
* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property holder, its agent or law.
* A statement by you that, under penalty of perjury, the above included information in your notice is accuract and true and that you are either the owner of said property or are authorized to act on the behalf of the owner of said property.
Send us the information through the contact form at our website.
The TOS constitutes the entirety of this agreement between you and Huuzy and governs your use of the SERVICE, superseding any prior agreements between you and Huuzy with respect to the SERVICE. You may also be subject to additional terms and conditions that may apply when you utilize or purchase certain other Huuzy services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms
The failure of Huuzy to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the TOS 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 the use of the SERVICE or TOS must be filed within one (1) month after such claim or cause of action arose or be forever barred.
The section titles within the TOS are for convenience only and have no legal or contractual effect.
All violations should be reported via our contact form
Terms and Conditions of Service last updated: November 9, 2008.