These Terms of Service (the “Agreement”) are an agreement between Level7 Labs, LLC doing business as L7Hero (“L7Hero”) and you (“Customer,” “you” or “your”). This Agreement sets forth the general terms and conditions of your purchase and use of the products and services provided by L7Hero and of the L7Hero website (collectively, the “Services”). By purchasing and/or using the Services, you agree to be bound by this Agreement.
We may change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the L7Hero website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services.
The use of the Services is also governed by the following policies, which form part of this Agreement. By using the Services, you are also agreeing to the terms of the following policies:
Additional terms may apply to certain Services you purchase or receive through L7Hero including services provided by a third party. Such additional or third party services may be subject to additional terms that may be separately provided to you.
2. Account Ownership and Services Purchased
- We treat the individual or entity named in our records as the primary billing contact as the owner of the account.
- The Services offered by L7Hero are hosted on servers located in the United States (U.S.) unless otherwise expressly provided. By using the Services, you freely and specifically give L7Hero your consent to export your information and data to the U.S. regardless of where your Services or domains are hosted. You understand that data stored in the U.S. may be subject to lawful requests by the courts or law enforcement authorities in the U.S.
- Any features and details of the Services may be described on the web pages setting out the particular Services you have purchased. L7Hero may modify, change or discontinue any aspect of the Services at any time.
- Certain Services are provided by third parties and may be subject to such third parties’ terms and conditions.
3. Term of the Services
The initial term of the Services you purchase shall be for the period set forth in the registration form presented to you when you order the Services (the “Initial Term”). Unless you cancel prior to the end of the Initial Term, the Services will automatically renew for periods of equal length as the Initial Term (each a “Renewal Term”) unless otherwise provided. The Initial Term and all Renewal Terms, if any, shall be collectively referred to as the “Term.”
4.1. This is a 12 month contract
a) For annual Website Package customers, we will ask you to pay the total Charges for the Website Package on an annual basis, in advance. Failure to pay the Charges will result in the website and all services being suspended.
b) For monthly Website Package customers, we will ask you to pay the total Charges for the Website Package in 12 equal monthly instalments. The first installment shall be made on the original date of sale and each subsequent monthly installment shall be paid on the corresponding day thereof which may not be amended. Failure to pay a monthly Charge will result in the website and all services being suspended and the full outstanding balance of the remaining months will become due and payable immediately. Outstanding Charges will be passed to our collection agency.
c) Interest may (at our sole discretion) be charged on any outstanding amounts owed to us at a rate of 4% per annum above Barclays Bank’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment in full of the outstanding amounts, whether before or after judgment.
4.2 We reserve the right to adjust the Charges at any time if the cost to us in providing products or services to you increases.
4.3 Charges shall be in your local currency.
4.4 You can pay for our products and services using a credit or debit card only.
4.5 If you cancel your Contract with us within the time limits specified in clause 8.2 below, you will receive a full refund less any charges we have incurred in relation to the publication of your Website. After this initial period, we reserve the right not to provide any refunds.e-converted-space Refunds requested in any other circumstances will be given solely at our discretion.
5. Late Payments
- Any account not paid in full by the end of the Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, L7Hero reserves the right to suspend your Services and to charge a ten dollar ($10) late fee for reinstating the Services. L7Hero reserves the right to terminate Services fourteen (14) days following suspension of Services for non-payment.
- L7Hero is not responsible for any damages or losses (including of any data) as a result of suspension or termination for non-payment of your account. In addition, L7Hero reserves the right to refuse to re-activate your Services until any and all outstanding invoices have been paid in full.
6. Chargebacks, Reversals, and Retrievals
If you have a billing issue, please contact L7Hero to address and resolve the issue. If L7Hero receives a chargeback or payment dispute from a credit card company or bank, your Services may be suspended without notice. A fifty dollar ($50) reinstatement fee plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before Services will be restored.
7.1. We shall have the right to terminate all or part of the Contract with immediate effect by giving written notice to you if:
a) you commit a material breach of any of these Terms and Conditions which breach is irremediable or, if such breach is remediable, fail to remedy that breach within a period of fourteen (14) days after being notified in writing to do so;
b) you repeatedly breach any of these Terms and Conditions in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to these Terms and Conditions;
c) you cease or threaten to cease to carry on the whole or any part of your business or you are unable to pay your debts as they fall due;
d) the entity or business organization you are promoting via our services resolves to or is dissolved, enters bankruptcy proceedings, or terminates operations;
e) an administrator, receiver, manager or trustee is appointed or applied for by you;
f) you undergo a change in control;
g) you are the subject of an involuntary bankruptcy or a substantial portion of your business becomes subject to any lien; or
h) we suffer from any event or circumstance which is beyond our reasonable control or which we could not reasonably be expected to have taken into account at the Commencement Date and which results in or causes our failure to perform any or all of our obligations under the Contract.
7.2 You are entitled to terminate the Contract by contacting our customer service team:
a) if during the period prior to the publication of your Website, no later than thirty (30) days after the Commencement Date; or
b) if during the period following the publication of your Website, no later than thirty (30) days after the publication date.
We will provide you with confirmation of your cancellation request.
7.3 We may withdraw any package product, or any promotional offer related to a package product, at any time without notice. Where we do so, we will honor any Contract for that package which has been formed prior to the date of the withdrawal.
8. Refusal of Service
- L7Hero reserves the right to refuse Services to anyone at any time. Any material that, in L7Hero’s judgment, is obscene, threatening, illegal, or violates this Agreement in any manner may be removed from L7Hero’s servers (or otherwise disabled), with or without notice.
- Any manner of communication with L7Hero’s staff that is belligerent, vulgar (curse words), highly rude, threatening, or abusive, as determined in L7Hero’s sole discretion, may result in suspension or termination of your account without any refund.
9. Prohibited Persons (Countries, Regions, Entities, and Individuals)
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, L7Hero also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
- You are required to utilize server resources in a responsible manner. Server CPU, Memory and Disk space are resources shared by all L7Hero customers. Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other customers.
- L7Hero reserves the right to suspend or terminate Services on any account that, in its sole discretion, is abusing server resources or is in violation of L7Hero’s Acceptable Use Policy. Such suspension or termination can occur at any time without prior notice.
- Without limitation to the foregoing provisions, each customer’s usage shall not exceed:
- 10% CPU Usage
- 5% Memory Usage or 512 MB Memory
- 50 Running Processes
- 15 Minute Max Execution Time
- 150,000 Total Inodes
- 500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered)
- Shared & Reseller hosting space may only be used for web files, active email and content of User Content (as defined below). Shared & Reseller hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. L7Hero expressly reserves the right to review every shared account for excessive usage that may be caused by a violation of this Agreement.
- If you are allocated a monthly bandwidth allowance and your account exceeds the allocated amount, L7Hero may: (i) suspend your account until the start of the next allocation; or (ii) suspend the account until more bandwidth is purchased for an additional fee.
- Unused bandwidth in one month cannot be carried over to the next month and bandwidth is not pooled among multiple servers or accounts.
12. User Content
- L7Hero allows you to upload, publish, display and distribute information, text, photos, videos and other content on or through the Services (referred to as “User Content”). User Content includes any content posted by you and users of any of your websites created or hosted through the Services. You are solely responsible for any and all User Content and any transactions or other activities conducted on or through your websites. By posting or distributing User Content on or through the Services, you represent and warrant to L7Hero that (a) you have all necessary rights to post or distribute such User Content, and (b) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
- You acknowledge and agree that L7Hero may, but is not obligated to, monitor User Content for any violations of this Agreement and may immediately take any corrective action in L7Hero’s sole discretion, including without limitation, removal of all or a portion of the User Content, and terminating any and all Services without a refund of any pre-paid fees. You hereby agree that L7Hero shall have no liability due to any corrective action that L7Hero may take, including without limitation, suspension or termination of the Services.
13. Compliance with Applicable Law
- For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
- To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf.
- L7Hero grants you a non-exclusive, non-transferable, worldwide, license to use technology provided by L7Hero solely to access and use the Services during the Term. Except for the rights explicitly granted herein, this license does not grant any additional rights to you. All right, title and interest in L7Hero’s technology shall remain with L7Hero, or its licensors. You are not permitted to circumvent any devices designed to protect L7Hero, or its licensor’s ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
- Solely for the purpose of providing the Services, you grant L7Hero, or any third parties used by L7Hero to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free, license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, your end users, including without limitation User Content. This license terminates on the expiration or termination of the Term, unless earlier terminated as provided herein. All right, title and interest in your technology shall remain with you, or your licensors.
15. Service Modifications
L7Hero reserves the right to modify, change or discontinue any aspect of the Services at any time. However, L7Hero will provide you with advance notice of any material changes to the Services so you have an opportunity to cancel if you do not agree with any such changes. L7Hero is not responsible for any damages or loss of data resulting from such action.
- L7Hero guarantees that your shared server will be accessible 99.9% of the time in any given calendar month. This guarantee does not apply to unmanaged virtual private servers (“VPS”) or unmanaged dedicated server plans. The uptime of the server is defined as the reported uptime from the operating system and the web server which may differ from the uptime reported by other individual services. If L7Hero fails to meet its uptime guarantee, you may request a credit equivalent to one (1) day of service per forty five (45) minutes of downtime. The first forty five (45) minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of Services.
- Credits are only available for future Services and cannot be issued as refunds. All credit requests must be sent via email to L7Hero’s billing department no later than the tenth (10th) day of the month following the event giving rise to such request. Credits are issued based on the uptime for the previous calendar month only and requests not submitted within the required time frame will not be approved. For example, if you experienced less than 99.9% uptime in the month of November, you would need to submit your request for credit no later than December 10th.
- The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: scheduled maintenance, DDoS or similar attacks, hardware failure, third-party software failure, Customer maxing its resource container, issues resulting from errors or omissions by the Customer, issues relating to the Customer’s ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. All credits are issued at the discretion of L7Hero, based on its investigation of any issue that is covered by this section.
- If L7Hero provides a service level agreement for a particular Service, a credit shall be your sole and exclusive remedy for defects in, or issues with, such Service.
17. Support Policy
L7Hero provides support via email, phone and tickets for the purpose of assisting with basic questions regarding the Services.
Your use of the Services is at your own risk. L7Hero is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all backup of User Content stored on L7Hero’s servers including without limitation your website files.
19. IP Address Allocation
Any dedicated IP order, in addition to what is provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with the policies of American Registry for Internet Numbers (“ARIN”) or other applicable registry. L7Hero reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
20. Customer Obligations
You represent and warrant to L7Hero that you: (i) will use the Services in compliance with all applicable laws, rules, and regulations, including without limitation, with respect to your websites and any User Content; and (ii) you are solely responsible for all activities conducted on or through any website on your account, including any transactions or interactions with end users of your website.
You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is at your own risk. L7Hero disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all interruptions to the Services caused by L7Hero or our employees. You further acknowledge and agree that L7Hero exercises no control over, and accepts no responsibility for, the content of the information passing through L7Hero’s host computers, network hubs and points of presence or the Internet.
22. Limitation of Liability
- IN NO EVENT WILL L7Hero OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, CUSTOMER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF L7Hero IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, L7Hero’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO L7Hero FOR THE SERVICES IN THE ONE (1) MONTH PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless L7Hero, its affiliates, and their respective officers, directors, employees and agents (collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions. The terms of this section shall survive any termination of this Agreement.
24. Governing Law and Disputes
This agreement shall be governed by the laws of the State of Texas, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this Agreement shall be the state and federal courts in Texas, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.
25. Partial Invalidity
If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, the remaining provisions shall nevertheless remain in full force and effect.
L7Hero may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of L7Hero. Any attempted assignment in violation of this section shall be null and void and of no force or effect whatsoever. This Agreement shall bind and inure to the benefit of the parties respective successors and permitted assigns.
27. Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
L7Hero reserves its right to take all legal steps available to enforce this Agreement. L7Hero’s failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of L7Hero’s rights to enforce such right or remedy in the future. No waiver of any provisions of this Agreement or any other agreement with L7Hero shall be effective unless expressly stated in writing and signed by both parties.
29. No Agency
This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
All provisions that by their very nature are intended to survive the termination of this Agreement shall survive termination of this Agreement, including without limitation Sections 23 through 26, and 31.
L7Hero is not compliant with the requirements of the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Customers acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. L7Hero does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this Agreement, and grounds for immediate account termination. L7Hero does not sign “Business Associate Agreements” and you agree that L7Hero is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact customer support.
32. Payment Card Industry Security Standard Disclaimer.
L7Hero complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our Customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your website. L7Hero does not monitor Customer websites for compliance and we are not able to verify whether a Customer website complies with the PCI Standard.
33. The Website Package and its Components
33.1 Our Website Package is made up of the following six Components:
a) a registered .com domain name: As part of our service, we purchase, manage, renew and host domains on our third-party servers on your behalf until the termination or expiry of our Contract with you.
You will be the registered legal owner of the domain name. You may, at any time, transfer the domain name to an alternative hosting solution at no additional cost, providing that you have no outstanding debts to us. We are not responsible for any third party charges incurred by transferring a domain name to an alternative hosting solution.
If you wish to change your domain name, we will need to register a new domain name at a current cost of $26 per .com domain name registered for one year from the date of registration.
If you do not renew your Contract with us in accordance with these Terms following the expiry of the Initial Term, we will not pay any renewal fees in respect of that domain name and will allow the domain name to expire. We cannot guarantee the continued availability of a particular domain name if registration lapses.
b) up to five separate professional email forwarders: The Website Package includes up to five separate, individual email forwarders. Email forwarders are created, managed and renewed by us. Email forwarding services on your domain name are available only during the term of your Contract with us. We are not responsible for the content and material sent or received in your email account(s). It is your responsibility to manage your own emails and your own email disclaimer(s).
c) full hosting and maintenance services: We will host your Website on third party servers. You acknowledge that hosting systems, servers and equipment may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes outside the control of us or our third party hosting service providers.
In the event of any faults or issues that affect our ability to provide any part of the Website Package, we will, as soon as reasonably practicable: (i) notify you of the problem by email; and (ii) arrange for the rectification of such faults or issues and the restoration of our services to full operational capacity.
Notwithstanding any language elsewhere in these Terms and Conditions, we and our subsidiary and holding companies, affiliates will not be liable for any delay or failure to perform any obligations where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
d) website creation and publication: Subject to receipt of the Website Content in accordance with these Terms and Conditions, we will build and publish your Website. We may send you a Congratulations Email to notify you of your Website’s publication.
e) listing of your Website: Your Website will be listed on the world’s top search engines including Google. Once your Website is listed we are not responsible for its ongoing promotion.
You acknowledge that the order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimize your site for this, we are unable to make any guarantees about the success of any search engine promotion activity.
f) Website Content changes: Once published, your Website will be treated by us as a fully functioning, completed work. However, you may make one change to the Website Content per week, subject to any amendment to our Website Content or fair use policy as provided or made available to you from time to time.
33.2 We may offer you certain add-on products in addition to the Website Package. We shall notify you of the specific terms relating to such add-on products at the time at which they are offered, including price, payment, delivery and cancellation, which shall apply to the provision of add-on products in addition to these Terms and Conditions.
33.3 Certain add-on products may not be available to all customers and, where we act as an intermediary in respect of third party add-on products, we shall not be liable for any damages, losses or expenses of any kind due to the use of such third-party add-on products.
34. Formation of the Contract and Duration
34.1 If you make your order online, our website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order on each page of the order process. Where you make your order by telephone, our operatives will guide you through the order process and will review your order with you before the process is concluded.
34.2 Please note that while we may acknowledge that you have placed an order by sending an email, this email does not mean that your order has been accepted. Acceptance of your order will take place as described below.
34.3 We will confirm our acceptance to you by e-mail. The Contract between us will only be formed when we send you our acceptance e-mail. The date on which our acceptance e-mail is sent will be the Commencement Date.
34.4 The Contract will remain in force for twelve (12) months from the Commencement Date (“Initial Term”), subject to its renewal in accordance with Section 5.5 or its earlier termination in accordance with these Terms and Conditions.
34.5 Subject to its earlier termination in accordance with these Terms and Conditions, the Contract will automatically renew at the end of the Initial Term for a further period of twelve (12) months and shall continue to renew automatically thereafter for additional periods of twelve (12) months, each such additional period commencing on the anniversary of the Commencement Date.
34.6 We will notify you by email fourteen (14) days in advance of such automatic renewal. If you do not wish to renew the Contract, you must tell us in writing that you wish to cancel prior to the renewal date, otherwise you will not be eligible to receive a refund.
35. Website Content and Intellectual Property Rights
35.1 You must provide us with all Website Content by the agreed deadline through the my.l7hero.com online portal. We do not accept Website Content sent to us via post or facsimile.
35.2 You will retain all Intellectual Property Rights owned or licensed by you which are provided to us as part of the Website Content. We will retain all Intellectual Property Rights owned or licensed by us which are made available to you or used or developed by us in the course of the provision by us of our products and services.
35.3 You must obtain permission to use any third party Intellectual Property Rights that you provide to us as part of the Website Content. By entering into the Contract, you warrant that you have the legal right to provide such Intellectual Property Rights to us for the purposes of the Contract. We reserve the right to request evidence that such permissions have been obtained.
35.4 You shall indemnify us from and against all liabilities, costs, expenses, damages and losses (including without limitation any direct, indirect or consequential losses, loss of profit, loss of business or sales, loss of or damage to goodwill or our reputation and all interest, penalties and legal and other professional costs and expenses) arising out of or in connection with any actual or alleged infringement of any third party Intellectual Property Right relating to the performance of our obligations under the Contract, except where such infringement arises from information or other materials or services provided by us.
35.5 Your Website Content, including any advertising of products or services related thereto, must comply with, and you undertake to provide that it will comply with any description and warranties made, all applicable law (including but not limited to relevant advertising and broadcasting regulations, and the Federal Trade Commission Act), the Contract including these Terms and Conditions, and any Mettrr.com standards for acceptable content provided or made available to you from time to time. Mettrr.com reserves the right (but undertakes no duty) to make a determination as to whether your Website Content is in compliance with the above and Mettrr.com may immediately suspend or terminate services if we determine that such Website Content does not comply. If you are advertising goods in the course of your trade or business this must clearly be stated during the order process.
35.6 We may monitor your use of our products and services.
35.7 You shall indemnify us from and against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) arising out of or in connection with any breach by you of Clause 7.5 or otherwise in connection with the Website Content, except where such breach arises from information or other materials provided by us.
Last Modified on June 27, 2018