Terms of Service
This purplinx Service Agreement (the "Agreement") renders web hosting services for its users based on the following provisions.
I. Eligibility for purplinx Services.
Our Services are available only to individuals and business entities (including but not limited to sole proprietorships) in good legal standing that can form legally binding contracts under applicable law. User hereby represents and warrants that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement) that it is not a competitor of purplinx, and that the person agreeing to this Agreement for User is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for User
II. User's Right to purplinx Services:
Subject to the terms and conditions of this Agreement, purplinx makes certain Services available to User. For the purposes of this Agreement: (a) "User" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents; (b) purplinx "Services" means those electronic or interactive services offered by purplinx. purplinx Online reserves the right to change or discontinue any of the Services at any time.
Content created by User and or Content in which User has received permission from the Copyright holder is allowed to upload to purplinx's services. User assume all risk and liability for the Content User has upload. User grants purplinx, purplinx's Successors, and Licensees FOR THE SOLE PURPOSE
of the transfer of Content and the enabling of purplinx to make User's Content available through the Services provided by purplinx, a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, and archive (if applicable) the Content.
User, not purplinx, is solely responsible for the Content User has uploaded and stored on purplinx's servers. User accepts full responsibility and sole liability for any lost or irrecoverable data. User understands and agrees that purplinx reserves the right to delete, move, archive (including account information) or edit any Content that may violate this Agreement, its Intellectual Property Policy or is otherwise unacceptable and may terminate Users's access to purplinx's Services, without prior notice and at its sole discretion.
You acknowledge that all materials (except those uploaded by users) provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, gui, software, and services (collectively "Materials"), are provided either by purplinx or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by purplinx and/or its Third Party Providers. Elements of the Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. purplinx, the purplinx logo and other purplinx products referenced herein are trademarks of purplinx, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. Users must agree to comply with all laws which apply to their location, including copyright and trademark laws. Images, videos and files that violate copyrights or trademarks are not allowed. If someone has an infringement claim against you, you will be asked to remove the copyrighted file until the issue is resolved. If there is a dispute between participants on this site, purplinx is under no obligation to become involved.
IV. User Information:
User represents and warrants that the information it provides in purplinx contact information forms is true, accurate, current and complete. User agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by User is untrue, inaccurate, not current or incomplete, purplinx will have the right to suspend or terminate User's account and this Agreement.
V. User Account
User may designate persons to act as its agents to use the Services, provided that each designated person has the legal capacity to enter into binding contracts for User. Furthermore, User represents and warrants that each person who registers under User's account is an authorized agent of User (an "Authorized User") who has such legal capacity.
Responsibility for Access:
User is solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) by any Authorized User and/or User ID registered under User's account, unless such access to or use of the Services is the direct result solely of the gross negligence of purplinx. It is User's responsibility, through its systems administrator Authorized User, to set the appropriate access for each of User's Authorized Users..
Responsibility for User IDs and Passwords:
User is solely responsible for maintaining the confidentiality of User access information, i.e. account ID's and passwords of its Authorized Users, and are responsible for all activities that occur under your account.
Notification of Unauthorized Use:
User will immediately notify purplinx if User notices any activity indicating that User's account or data is being used without authorization, including: (a) User has received confirmation of an order or orders placed using User's account which User did not place or any similar conflicting report; or (b) User becomes aware of any unauthorized use of any product or service related to its account(s).
VI. User Data:
User has sole responsibility and liability for the data its stores on purplinx's servers. User controls its data through its generated link. purplinx encourages User to archive its data regularly and frequently; User bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. User agrees to maintain its data in compliance with its legal obligations. purplinx will delete User data upon termination of this Agreement. However, purplinx may retain User data in its archives after deletion and will not be liable to User in any way for such retained data.
VII. Special Circumstances:
purplinx will provide access to the Services and User's data to an agent of User ("Authorized Agent") who provides purplinx with a notarized letter signed by an officer of User which letter shall include statements of authenticity, authority, and liability as required by purplinx in its sole discretion. User expressly and irrevocably agrees that purplinx may rely on such a letter and on the apparent authority of the person requesting access to the Services or to User's account. In no event will purplinx be liable to User or any third party for purplinx's reliance on such letter or such apparent authority.
VIII. Acceptable Use
You agree to not use purplinx's Service to:
- upload, post, e-mail, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death-gui; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted.
- harm minors in any way, this includes any form of child pornography; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted.
- upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- upload pornography, nudity, sexual images and any kind offensive images or videos are prohibited. Copyrighted material are also strictly prohibited. We reserve the right to decide appropriate content and can delete images or videos at any time without User notification.
purplinx neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation.
purplinx reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice.
Further, should User violate this policy, purplinx will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about User, User's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
User shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.
Access and Interference:
Violations or attempts to violate purplinx systems or to interrupt purplinx services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:
(a) Unauthorized access to or use of purplinx Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of purplinx; or (b) Interference with Service to any customer or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or (c)Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; or (d) Any action that imposes an unreasonable or disproportionately large load on purplinx's infrastructure
User shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the Services or any other software on the purplinx Web site.
Copyright or Trademark Infringement:
purplinx Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. purplinx reserves the right to suspend or terminate a User's transmission(s) that, in purplinx's discretion, violates these policies or violates any law or regulation.
purplinx has a ZERO TOLERANCE approach towards all and any infringement and as an ISP is in full compliance with the United States Digital Millennium Copyright Act ("DMCA"). purplinx operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. As part of purplinx's copyright policy, purplinx will terminate your access to the purplinx's Service if you have been determined to be a repeat infringer.
You agree that purplinx is not liable for your images, videos or files or any lost business due to the unavailability or loss of the website. We make no claims of future reliability in serving, hosting or storing your images, videos or files.
You acknowledge and agree that you are solely responsible for the content that you upload, store or share with others using the Service (collectively "User Content"), and for the consequences of uploading, storing or sharing any User Content. You agree that you will not use the Service to upload, store, or share User Content that you did not create or that you do not have permission to upload, store, and share. You promise that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that may be needed to upload, store, or share your User Content. By uploading, storing, or sharing any User Content, you promise that doing so does not infringe any intellectual property rights of another person. You agree that you will not use the Service or the Site to post, transmit, or share any kind of pornography. The use of the Service or the Site to publish or transmit pornography will not be tolerated. If identified, it will will result in termination of your account.
You understand and agree that purplinx may immediately suspend access to, terminate or remove, without notice, any account or content that violates any of these prohibitions. You agree that you will comply with all applicable terms, conditions and rules regarding the use of any website, forum, or service in or through which any link to content uploaded and stored using the Service is posted or distributed. You understand and agree that failure to do so may result in the suspension or termination of your account or of access to the Service. You understand that purplinx does not promise that User Content you upload, store, or share using the Service will be maintained by purplinx. You are solely responsible for creating backup copies of and replacing any and all User Content, at your own cost and expense. You agree that purplinx has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. purplinx reserves the right to create and revise limits on use, storage, upload and download speeds, sharing, maximum number and duration of look-ups or downloads and any other aspect of the Service, at its sole discretion and at any time, with or without notice.
purplinx will not routinely screen, monitor, review or revise User Content uploaded, stored, or shared using the Service. However, purplinx may review any such content and purplinx reserves the right to refuse to accept, store, or permit the sharing of any User Content, to remove any User Content from the Service, and to prevent the uploading, storage, or sharing of any User Content. purplinx does not endorse or support any User Content. purplinx does not guarantee the accuracy or reliability of any User Content. purplinx does not guarantee that User Content does not infringe third party rights, including intellectual property rights. purplinx does not guarantee that User Content will not be harmful or offensive. purplinx does not guarantee that User Content will comply with these Terms of Service. You acknowledge that any use of or reliance on User Content obtained through the Service will be at your own risk. If you become aware of any User Content that you believe violates these Terms of Service, or that is otherwise objectionable, you may inform purplinx.
purplinx permits the uploading of content and the hosting, sharing and publishing of such user uploads through links. You understand that whether or not such User uploads are published and/or uploaded, purplinx does not guarantee any confidentiality with respect to any uploads.
purplinx allows/permits you to link to materials on the Website for personal, commercial and non-commercial purposes only. purplinx reserves the right to discontinue any aspect of the purplinx website at any time.
You shall be solely responsible for any and all of your own uploads and the consequences of posting, uploading and publishing them. Furthermore, with uploaded content, you affirm, represent and/or warrant that:
you own or retain the necessary licenses, rights, consents, and permissions to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights; and You will not upload, or allow anyone else to upload, any material in breach of the terms and conditions referred to herein. You retain all of your ownership rights in your uploads.
In submitting material (video or other communication), you further agree that you shall not:
submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant purplinx all of the license rights granted herein; publish falsehoods or misrepresentations that could damage purplinx or any third party; submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; Upload any and all viruses. Impersonate another person. purplinx does not endorse any User uploads or any opinion, recommendation, or advice expressed therein and purplinx expressly disclaims any and all liability in connection with User uploads. purplinx does not permit copyright infringing activities and infringement of intellectual property rights through its service and purplinx will remove all Content and User uploads if properly notified that such Content or User uploads infringes on another's intellectual property rights. purplinx reserves the right to remove Content and User uploads without prior notice or delay. purplinx will also terminate a User's access to its Service, if they are determined to be an infringer. purplinx also reserves the right to decide in its sole and unfettered discretion, whether User uploads are appropriate and comply with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. purplinx may remove such User uploads and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand and acknowledge that when using purplinx.com, you will be exposed to User uploads from a variety of sources and that purplinx is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User uploads. You further understand and acknowledge that you may be exposed to User uploads that are inaccurate, offensive, indecent, or objectionable and you agree to waive and hereby do waive any legal or equitable rights or remedies you have or may have against purplinx with respect thereto and agree to indemnify and hold purplinx, its Owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
You agree that purplinx may at its sole discretion have the right to refuse to publish, remove, or block access to any User uploads that is available via the Website at any time, for any reason, or for no reason at all, with or without notice.
purplinx provides its website as a service to its users. However, purplinx assumes no responsibility whatsoever for monitoring the purplinx Services for inappropriate content or conduct. purplinx assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the User uploads of any such content. purplinx may review and delete any User uploads that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website. You are solely responsible for the uploads that you make available to any third-party website provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
Misuse of System Resources:
User shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on purplinx servers.
Whether lawful or unlawful, purplinx reserves the right to determine what is harmful to its Users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet.
Please be aware purplinx reserves the right to cancel any account or transmission they find in violation of any of the above policies. If appropriate, purplinx will refer complaints to law enforcement authorities, and in such case, purplinx will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering User account and data information.
Complaints about violators of our Policy should be sent via e-mail to firstname.lastname@example.org. Each complaint will be investigated and may result to immediate cancellation of Services without prior notice.
IX. No Warranty:
You expressly understand and agree that: (a) your use of the Service is at your sole risk. purplinx Services are provided on an "as is" and "as available" basis. purplinx and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. purplinx and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) purplinx makes no warranty that (i) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected; (d) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (e) no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.
You agree to defend, indemnify, and hold harmless purplinx, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use the Service, or your breach of this Agreement or other purplinx policies, terms and conditions.
XI. Limitation of Liability:
Your use of purplinx is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that purplinx shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the Service.
XII. Modifications to Agreements, Policies or to our Services:
We reserve the right to change this Service Agreement at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on purplinx's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that purplinx may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing User subscription.
Without limiting other remedies, purplinx may immediately issue a warning, suspend (i.e., lock out access and operation of Services for User) either temporarily or indefinitely, or terminate User's account and refuse to provide Services to User if: (a)purplinx believes that User have violated or acted inconsistently with this Agreement, or any of our policies; or (b) User have failed to pay fees or other payments due to purplinx; or (c) purplinx is unable to verify or authenticate any information User provides to purplinx; or (d) purplinx believes that User's actions may cause legal liability for User, purplinx's other clients, or purplinx.
purplinx may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that purplinx may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that purplinx shall not be liable to you or any third-party for any termination of your access to the Service.
Upon termination of this Agreement by either User or purplinx, all of User rights under this Agreement, and purplinx's provision of Services, will terminate immediately.
The Sections VI ("User Data"), IX ("No Warranty"), X ("Indemnity"), XI ("Limitation Of Liability") and this Section XIII will survive any termination of this Agreement.
XIV. General Information:
If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. purplinx's failure to act with respect to a breach by User or others does not waive purplinx's right to act with respect to subsequent or similar breaches. No action by User arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.
User and purplinx are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
User may not assign any of its rights, or delegate any of its duties, under this Agreement, and any attempted assignment will be null and void.
Force Major :
Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond purplinx's control.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You represent and warrant to purplinx that (a) you are not a competitor of purplinx,(b) you shall keep publicly unannounced information and materials pertaining to purplinx, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the purplinx Web site or use of the purplinx Services to compete with purplinx in its business.
Except for other agreements or terms appearing on the Web site, this Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof.
Any questions relating to our Legal Agreements and Policies may be directed to the Contact Form
purplinx is commited to cooperate with any and all legal authorities if an investigation should arise.