These Terms of Service (the “Terms”) describe your legal rights and responsibilities when using the HostBilling software by CloudOnex. These Terms create a legal and binding agreement between CloudOnex and the Customer (as further described below) agreeing to be bound by these Terms. A Customer may be referred to herein as the “Customer” or as “you.” Those persons who access the Services using the Customer’s account are referred to herein as the “End Users.”
When you sign up for a HostBilling, purchase subscriptions, or accept an invitation to use the Service in conjunction with an individual or team who already has a HostBilling account, you agree to these Terms on behalf of the organization you represent. And, if you are an individual not formally associated with an organization, you are entering into this Agreement on your behalf. You are the “Customer,” and you will be the account administrator.
1 – Access to the Services and Acceptable Use
1.1. Access. To access the Services, You must register for a HostBilling account by providing your full legal name, a valid email address, and other required information to complete the registration process.
You are responsible for ensuring that each of your End Users abides by these Terms in connection with their use of the Services.
It is your responsibility to:
(a) inform your End Users of any relevant policies, practices, and settings that you elect to enforce related to your End Users’ use of the Services.
(b) obtain any rights, permissions, or consents from your End Users necessary for your lawful use of the Service and the collection and processing of Customer Content.
2 – Your Content
End Users may create, process, upload, submit, store, send and receive content in connection with their use of the Services (the “Customer Content”).
3 – Use of Third Party Services in Connection with HostBilling
HostBilling makes various third-party applications and services available for use in connection with the Services (the “Third Party Services”). Your use of such Third Party Services and any exchange of data between You and the provider of such Third Party Service is solely between you and the third-party service provider. To the extent Customer authorizes the access or transmission of Customer Content through a Third Party Service, HostBilling shall not be responsible for any use, disclosure, modification, or deletion of such Customer Content by the Third Party Service provider or for any act or omission on the part of such Third Party Service provider.
4 – Term and Termination
These Terms shall remain in full force and effect until all Customer subscriptions to the Service have expired, have been terminated or are canceled.
5 – HostBilling’s Intellectual Property Rights
CloudOnex (the owner of the product HostBilling) owns all intellectual property rights in and to the Service (excluding only the Customer Content) and all trademarks, logos, and Service marks utilized by HostBilling in connection with the delivery of the Service. CloudOnex grants You a non-sublicensable, non-transferable, non-exclusive, limited license to use the object code version of the Service solely as necessary to use the Service following these Terms. CloudOnex hereby retains all rights not expressly granted by this license, and you may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service.
6 – Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND HOSTBILLING EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. THE CUSTOMER ACKNOWLEDGES THAT WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.