1.
ACCEPTANCE OF TERMS
<p>InfinityFree welcomes you.</p>
<p>InfinityFree provides its service to you subject to the following Terms
of Service ("TOS"), which may be updated by us from time to time
without notice to you.
You can review the most current version of the
TOS at any time at: /terms/.
In addition, when using
particular InfinityFree owned or operated services, you and InfinityFree
shall be subject to any posted guidelines or rules applicable to such
services, which may be posted from time to time.
All such guidelines or
rules (including but not limited to our Spam Policy) are hereby
incorporated by reference into the TOS.
InfinityFree may also offer
other services that are governed by different Terms of Service.</p>
2.
DESCRIPTION OF SERVICE
<p>InfinityFree provides users with access to a rich collection of
resources, including various communications tools, forums, shopping
services, search services, personalized content and branded programming
through its network of properties which may be accessed through any
various medium or device now known or hereafter developed (the
"Service").
You also understand and agree that the Service may include
advertisements and that these advertisements are necessary for
InfinityFree or it's Partners to provide the Service.
You also
understand and agree that the Service may include certain communications
from InfinityFree or it's Partners, such as service announcements,
administrative messages and the InfinityFree Newsletter, and that these
communications are considered part of InfinityFree membership and you
will not be able to opt out of receiving them.
Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new InfinityFree properties, shall be subject
to the TOS.
You understand and agree that the Service is provided
"AS-IS" and that InfinityFree assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
You are responsible for
obtaining access to the Service, and that access may involve third-party
fees (such as Internet service provider or airtime charges).
You are
responsible for those fees, including those fees associated with the
display or delivery of advertisements.
In addition, you must provide and
are responsible for all equipment necessary to access the Service.</p>
3.
YOUR REGISTRATION OBLIGATIONS
<p>In consideration of your use of the Service, you represent that you are
of legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other
applicable jurisdiction.
You also agree to:</p>
<p>(a) provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (the
"Registration Data") and</p>
<p>(b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete.
If you provide any information that is
untrue, inaccurate, not current or incomplete, or InfinityFree has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, InfinityFree has the right to
suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).</p>
<p>InfinityFree is concerned about the safety and privacy of all its users,
particularly children.
Please remember that the Service is designed to
appeal to a broad audience.
Accordingly, as the legal guardian, it is
your responsibility to determine whether any of the Service areas and/or
Content (as defined in Section 6 below) are appropriate for your child.</p>
4.
INFINITYFREE PRIVACY POLICY
<p>Registration Data and certain other information about you is subject to
our Privacy Policy.
For more information, see our full privacy policy at
/privacy/ , You
understand that through your use of the Service you consent to the
collection and use (as set forth in the Privacy Policy) of this
information, including the transfer of this information to the United
States and/or other countries for storage, processing and use by
InfinityFree and its affiliates.</p>
5.
MEMBER ACCOUNT, PASSWORD AND SECURITY
<p>You will receive a password and account designation upon completing the
Service's registration process.
You are responsible for maintaining the
confidentiality of the password and account and are fully responsible
for all activities that occur under your password or account.
You agree
to</p>
<ul>
<li>immediately notify InfinityFree of any unauthorized use of your
password or account or any other breach of security, and</li>
<li>ensure that you exit from your account at the end of each session.
InfinityFree cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 5.</li>
</ul>
6.
MEMBER CONDUCT
<p>You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, tags, 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, and not InfinityFree, are entirely responsible for
all Content that you upload, post, email, transmit or otherwise make
available via the Service.
InfinityFree does not control the Content
posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content.
You understand that by using the
Service, you may be exposed to Content that is offensive, pornographic,
indecent or objectionable.
Under no circumstances will InfinityFree be
liable in any way 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, emailed,
transmitted or otherwise made available via the Service.</p>
You agree to not use the Service to
<ol>
<li>upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable;</li>
<li>harm minors in any way;</li>
<li>impersonate any person or entity, including, but not limited to, a
InfinityFree official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;</li>
<li>forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;</li>
<li>upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any law
or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);</li>
<li>upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party.
This includes linking to or redirecting to any content or copyright
files hosted on a 3rd party resource / servers.</li>
<li>upload, post, email, transmit or otherwise make 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 purpose (please read our
complete Spam Policy);</li>
<li>upload, post, email, transmit or otherwise make available any
material that contains 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;</li>
<li>upload, post, email, transmit or otherwise make available any
material that is of broadcast / streaming types.</li>
<li>upload, post, email, transmit or otherwise make available any
material that is of keylogging / proxy service / irc / shell(s) if
any type / file hosting / file sharing types.</li>
<li>upload, post, email, transmit or otherwise make available any
material on free hosting accounts that is of pornographic nature.</li>
<li>interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;</li>
<li>intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S.
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 the NASDAQ, and any regulations having
the force of law;</li>
<li>provide 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;</li>
<li>"stalk" or otherwise harass another.
and/or</li>
<li>upload, post, email, transmit or otherwise material for the purposes
of file distribution, relay, or streaming reasons.</li>
<li>collect or store personal data about other users in connection with
the prohibited conduct and activities set forth in paragraphs 1
through 15 above.</li>
</ol>
7.
USE OF COPYRIGHT MATERIAL AND PROOF OF OWNERSHIP OF CONTENT
<p>Sites must not contain Warez, copyright or other illegal material
including links or redirects to copyright material hosted on 3rd party
websites / resources.
The onus is on you the customer to prove that you
own the rights to publish material, not for InfinityFree to prove that
you do not.
InfinityFree does not allow the propagation or distribution
of copyright material, files or warez under any circumstances.</p>
8.
ACCEPTABLE SERVER RESOURCE USE
<p>Sites must not use excessive amounts of server resources.
These include
bandwidth, processor utilization and / or disk space.
Please see the
'High Resource Use Policy' in the General Terms and Conditions.</p>
9.
BACKUPS / REQUESTING DATA BACKUP
<p>It is the client / account holders responsibility to maintain and keep
backups of website and MySQL data.
We do not provide data restores from
our archives / restoring a website or database to an earlier version.
We
also do not provide free backups / archives of customers own current
data.
We reserve the right to charge a fee of 14.99 USD if we are
requested to create a backup on a customers behalf.
We may choose to
waive this fee under circumstances of our choosing.</p>
10.
SCRIPT USAGE TERMS
<p>Scripts on the site must be designed to produce web-based content, and
not to use the server as an application server.
Using the server to
generate large volumes of email from a database is an example of
activity that is not allowed.
Scripts should not attempt to manipulate
the timeouts on servers.
These are set at the present values to ensure
the reliability of the server.
Sites that reset these do so because they
are resource intensive, and adversely affect server performance and are
therefore not allowed.
Scripts that are designed to provide proxy
services, anonymous or otherwise, are not allowed.</p>
<p>The primary purpose of any script must be to produce a web page.
Scripts
that send a single email based upon user entered information, or update
a database are acceptable.
Scripts that send bulk email or perform
processor intensive database processes are not allowed.
All outgoing
mail is monitored and filtered and must be sent to or from a
InfinityFree-hosted domain.</p>
<p>Sites must not contain scripts that attempt to access privileged server
resources, or other sites on the same server</p>
<p>Examples of not allowed script and website types include (but are not
limited to):</p>
<ul>
<li>Pornographic/adult content</li>
<li>Proxy scripts</li>
<li>Chat scripts</li>
<li>Bitcoin / cryptocurrency faucet sites</li>
<li>File sharing / file storage scripts</li>
<li>Autolike scripts</li>
<li>Hacking scripts / PHP shell scripts</li>
<li>Phishing</li>
<li>Mass mail scripts</li>
<li>Website scraping/crawling/downloading scripts</li>
<li>Torrents</li>
<li>Warez</li>
<li>Cracked/pirated content of any kind</li>
</ul>
11.
USAGE OF DISK SPACE TERMS
<p>InfinityFree offers large web space and bandwidth with hosting accounts.
By this, we mean space for legitimate web site content and bandwidth for
visitors to view it.
All files on a domain must be part of the active
website and linked to the site.
Sites should not contain any backups,
downloads, or other non-web based content.
We will treat all password
protected archive (e.g.
zip and rar) files as unacceptable.
Multimedia
content such as audio and video is acceptable provided it is streamed to
the user, links to HTTP download of this content is not acceptable.</p>
<p>Archives of movie files, audio files, zips, rars or any large volumes of
files used for downloading / sharing is not allowed.</p>
12.
RIGHT TO SUSPEND / TERMINATE HOSTING SERVICES
<p>We reserve the right to suspend or terminate any hosting services if a
website/hosting service consumes excessive server resources or effects
other websites / hosting services on a shared or clustered hosting
server.
Excessive resource usage can constitute any form of server usage
calculated and determined at the discretion of InfinityFree.
InfinityFree reserves the right to suspend service at any time without
prior notice if or when the health or normal running / performance of a
service is effected / degraded by a website or hosting service.</p>
<p>You acknowledge that InfinityFree may or may not pre-screen Content, but
that InfinityFree and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, refuse, or remove
any Content that is available via the Service.
Without limiting the
foregoing, InfinityFree and its designees shall have the right to remove
any Content that violates the TOS or is otherwise objectionable.
You
agree that you must evaluate, and bear 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 InfinityFree
or submitted to InfinityFree, including without limitation information
in InfinityFree Message Boards and in all other parts of the Service.</p>
<p>You acknowledge, consent and agree that InfinityFree may access,
preserve and disclose your account information and Content if required
to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to:</p>
<ul>
<li>comply with legal process;</li>
<li>enforce the TOS;</li>
<li>respond to claims that any Content violates the rights of third
parties;</li>
<li>respond to your requests for customer service.
or</li>
<li>protect the rights, property or personal safety of InfinityFree, its
users and the public.</li>
</ul>
<p>You understand that the technical processing and transmission of the
Service, including your Content, may involve</p>
<ul>
<li>transmissions over various networks.
and</li>
<li>changes to conform and adapt to technical requirements of connecting
networks or devices.</li>
</ul>
<p>You understand that the Service and software embodied within the Service
may include security components that permit digital materials to be
protected, and that use of these materials is subject to usage rules set
by InfinityFree 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.</p>
13.
INTERSTATE NATURE OF COMMUNICATIONS ON INFINITYFREE NETWORK
<p>When you register with InfinityFree, you acknowledge that in using
InfinityFree services to send electronic communications (including but
not limited to email, uploading photos and files and other Internet
activities), you will be causing communications to be sent through
InfinityFree's computer networks, portions of which are located in
California, Ohio, UK, and other locations in the United States and
portions of which are located abroad.
As a result, and also as a result
of InfinityFree's network architecture and business practices and the
nature of electronic communications, even communications that seem to be
intrastate in nature can result in the transmission of interstate
communications regardless of where you are physically located at the
time of transmission.
Accordingly, by agreeing to this Terms of Service,
you acknowledge that use of the service results in interstate data
transmissions.</p>
14.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
<p>Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.</p>
15.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
<p>InfinityFree 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 publicly accessible areas
of the Service, you grant InfinityFree the following worldwide,
royalty-free and non-exclusive license(s), as applicable:</p>
<ul>
<li>With respect to Content you submit or make available for inclusion
on publicly accessible areas of InfinityFree Servers, the license to
use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the purposes
of providing and promoting the InfinityFree Service to which such
Content was submitted or made available.
This license exists only
for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or InfinityFree
removes such Content from the Service.</li>
<li>With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible areas of the Service
other than InfinityFree Servers, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purpose for which such Content
was submitted or made available.
This license exists only for as
long as you elect to continue to include such Content on the Service
and will terminate at the time you remove or InfinityFree removes
such Content from the Service.</li>
<li>With respect to Content other than photos, graphics, audio or video
you submit or make available for inclusion on publicly accessible
areas of the Service other than InfinityFree Servers, the perpetual,
irrevocable and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and
publicly display such Content (in whole or in part) and to
incorporate such Content into other works in any format or medium
now known or later developed.</li>
</ul>
<p>"Publicly accessible" areas of the Service are those areas of the
InfinityFree network of properties that are intended by InfinityFree to
be available to the general public.
By way of example, publicly
accessible areas of the Service would include InfinityFree Message
Boards and all areas that are open to both members and visitors.
However, publicly accessible areas of the Service would not include
portions of InfinityFree Servers that are limited to members,
InfinityFree services intended for private communication such as
InfinityFree Mail or, or areas off of the InfinityFree network of
properties such as portions of World Wide Web sites that are accessible
via hypertext or other links but are not hosted or served by
InfinityFree.</p>
15.
CONTRIBUTIONS TO INFINITYFREE
<p>By submitting ideas, suggestions, documents, and/or proposals
("Contributions") to InfinityFree through its forum, or contact forms,
you acknowledge and agree that:</p>
<ul>
<li>your Contributions do not contain confidential or proprietary
information;</li>
<li>InfinityFree is not under any obligation of confidentiality, express
or implied, with respect to the Contributions;</li>
<li>InfinityFree shall be entitled to use or disclose (or choose not to
use or disclose) such Contributions for any purpose, in any way, in
any media worldwide;</li>
<li>InfinityFree may have something similar to the Contributions already
under consideration or in development;</li>
<li>your Contributions automatically become the property of InfinityFree
without any obligation of InfinityFree to you.
and</li>
<li>you are not entitled to any compensation or reimbursement of any
kind from InfinityFree under any circumstances.</li>
</ul>
16.
INDEMNITY
<p>You agree to indemnify and hold InfinityFree and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content 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 your violation of any rights of another.</p>
17.
NO RESALE OF SERVICE
<p>You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service
(including your InfinityFree ID), use of the Service, or access to the
Service, unless you are a member of the InfinityFree Reseller Service,
utilising the reselling platform to resell to end users.</p>
18.
GENERAL PRACTICES REGARDING USE AND STORAGE
<p>You acknowledge that InfinityFree may establish general practices and
limits concerning use of the Service, including without limitation the
maximum number of days that idle hosting accounts, message board
postings or other uploaded Content will be retained by the Service, the
maximum number of email messages that may be sent from or received by an
account on the Service, the maximum size of any email message that may
be sent from or received by an account on the Service, the maximum disk
space that will be allotted on InfinityFree'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.
You agree that
InfinityFree has no responsibility or liability for the deletion or
failure to store any messages and other communications or other Content
maintained or transmitted by the Service.
You acknowledge that
InfinityFree reserves the right to log off accounts that are inactive
for an extended period of time.
You further acknowledge that
InfinityFree reserves the right to modify these general practices and
limits from time to time.</p>
19.
MODIFICATIONS TO SERVICE
<p>InfinityFree reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice.
You agree that InfinityFree shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.</p>
<p>Certain services provided by InfinityFree are resold.
Thus, certain
equipment, routing, software, and programming used by InfinityFree are
not directly owned or written by InfinityFree.
InfinityFree shall not be
responsible for any changes in services provided by a 3rd party
provider, also will not be held liable for any damage or loss which may
arise from service disruption provided by a 3rd party provider.
InfinityFree will show highest interest to make sure that that services
provided by a 3rd party are running smoothly and correctly, and will
contact the 3rd party provider when changes or fixes are needed, however
the time needed for any fix or alteration will not be decided by
InfinityFree and InfinityFree will not be held liable for any fixes or
alterations to be performed on a product provided by a 3rd party in a
definite time frame.</p>
20.
TERMINATION
<p>You agree that InfinityFree may, under certain circumstances and without
prior notice, immediately terminate your InfinityFree account, any
associated email address, and access to the Service.
Cause for such
termination shall include, but not be limited to,</p>
<ul>
<li>breaches or violations of the TOS or other incorporated agreements
or guidelines,</li>
<li>requests by law enforcement or other government agencies,</li>
<li>a request by you (self-initiated account deletions),</li>
<li>discontinuance or material modification to the Service (or any part
thereof),</li>
<li>unexpected technical or security issues or problems,</li>
<li>extended periods of inactivity,</li>
<li>engagement by you in fraudulent or illegal activities, and/or</li>
<li>nonpayment of any fees owed by you in connection with the Services.</li>
</ul>
<p>Termination of your InfinityFree account includes</p>
<ul>
<li>removal of access to all offerings within the Service, including but
not limited to Hosting accounts, Email Services, SQL databases,</li>
<li>deletion of your password and all related information, files and
content associated with or inside your account (or any part
thereof), and</li>
<li>barring of further use of the Service.
Further, you agree that all
terminations for cause shall be made in InfinityFree's sole
discretion and that InfinityFree shall not be liable to you or any
third party for any termination of your account, any associated
email address, or access to the Service.</li>
</ul>
21.
DEALINGS WITH ADVERTISERS
<p>Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser.
You agree that InfinityFree
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.</p>
22.
LINKS
<p>The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources.
Because InfinityFree has no control
over such sites and resources, you acknowledge and agree that
InfinityFree is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products or other materials on or
available from such sites or resources.
You further acknowledge and
agree that InfinityFree shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.</p>
23.
MAXIMUM FREE HOSTING ACCOUNTS PER PERSON
<p>Three free hosting accounts are allowed per person.
Registering more
than three accounts is considered abuse and will result in all accounts
being terminated without notice.</p>
24.
INFINITYFREE'S PROPRIETARY RIGHTS
<p>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 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 and laws.
Except as expressly authorized by InfinityFree or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part.</p>
25.
USE OF ADVERT BLOCKERS
<p>InfinityFree may use adverts to subsidize the costs of running the
service.
The use of advert blockers, or the process of recommending
advert blockers whilst using the service is forbidden.
Violation will
result in termination.</p>
26.
DISCLAIMER OF WARRANTIES
<p>YOU EXPRESSLY UNDERSTAND AND AGREE THAT:</p>
<p>1.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
InfinityFree AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.</p>
<p>2.
INFINITYFREE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE 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.</p>
<p>3.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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.</p>
<p>4.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM INFINITYFREE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.</p>
<p>5.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR
WHILE USING THE SERVICE.
CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR
SEIZURES OR EPILEPSY.
IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN
EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF
YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE:
DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.</p>
26.
LIMITATION OF LIABILITY
<p>YOU EXPRESSLY UNDERSTAND AND AGREE THAT InfinityFree AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU 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 InfinityFree HAS 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.</p>
28.
EXCLUSIONS AND LIMITATIONS
<p>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 OF SECTIONS 19 AND
20 MAY NOT APPLY TO YOU.</p>
29.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
<p>If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the
above Sections 24 and 26 again.
They go doubly for you.
In addition, for
this type of information particularly, the phrase "Let the investor
beware" is apt.
The Service is provided for informational purposes
only, and no Content included in the Service is intended for trading or
investing purposes.
InfinityFree and its licensors shall not be
responsible or liable for the accuracy, usefulness or availability of
any information transmitted or made available via the Service, and shall
not be responsible or liable for any trading or investment decisions
based on such information.</p>
30.
NO THIRD-PARTY BENEFICIARIES
<p>You agree that, except as otherwise expressly provided in this TOS,
there shall be no third-party beneficiaries to this agreement.</p>
31.
NOTICE
<p>InfinityFree may provide you with notices, including those regarding
changes to the TOS, by email, regular mail or postings on the Service.</p>
32.
TRADEMARK INFORMATION
<p>The InfinityFree, InfinityFree logo, trademarks and service marks and
other InfinityFree logos and product and service names are trademarks of
InfinityFree (the "InfinityFree Marks").
Without InfinityFree's prior
permission, you agree not to display or use in any manner the
InfinityFree Marks.</p>
33.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
<p>InfinityFree respects the intellectual property of others, and we ask
our users to do the same.
InfinityFree may, in appropriate circumstances
and at its discretion, disable and/or terminate the accounts of users
who may be repeat infringers.
If you believe that your work has been
copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please
provide InfinityFree's Copyright Agent the following information:</p>
<ul>
<li>an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual
property interest;</li>
<li>a description of the copyrighted work or other intellectual property
that you claim has been infringed;</li>
<li>a description of where the material that you claim is infringing is
located on the site;</li>
<li>your address, telephone number, and email address;</li>
<li>a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law;</li>
<li>a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf.</li>
</ul>
34.
GENERAL INFORMATION
Entire Agreement
<p>The TOS constitutes the entire agreement between you and InfinityFree
and governs your use of the Service, superseding any prior agreements
between you and InfinityFree with respect to the Service.
You also may
be subject to additional terms and conditions that may apply when you
use or purchase certain other InfinityFree services, affiliate services,
third-party content or third-party software.</p>
Waiver and Severability of Terms
<p>The failure of InfinityFree 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 the other provisions of the TOS remain
in full force and effect.</p>
No Right of Survivorship and Non-Transferability
<p>You agree that your InfinityFree account is non-transferable and any
rights to your InfinityFree ID or contents within your account terminate
upon your death.
Upon receipt of a copy of a death certificate, your
account may be terminated and all contents therein permanently deleted.</p>
Statute of Limitations
<p>You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service
or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.</p>
<p>The section titles in the TOS are for convenience only and have no legal
or contractual effect.</p>
35.
VIOLATIONS
<p>Please report any violations of the TOS to compliance@infinityfree.net.</p>