Slinger Terms of Service

 

You (including “You”, and “Your”) have selected to register to use the data file storage, backup and retrieval service (the “Service”) provided by Icehook Systems LLC, a Delaware Limited Liability Company (“Icehook” or “the Company”).  The Service is provided to you under the terms and conditions set forth in these Terms and Conditions of Use and in any other pricing sheet, service order, or other documents related to the provision and payment of the Service (“Agreement”).

 

1.       Description of Services

Subject to the Company’s acceptance of Your registration and Your compliance with the terms and conditions of this Agreement, the Company will provide You with the following Service: (a) the Company will establish one or more online storage accounts in Your name on the Company servers (the “Account”); (b) the Company will allow you storage for free or for a fee as agreed upon by You and the Company; (c) the Company will allow You to retrieve data files from Your Account; and (d) In Your use of the Service, you are responsible for providing the following: (i) all equipment, such as a computer and modem, necessary to access the World Wide Web; (ii) Your own access to the World Wide Web; and (iii) payment of all information services or other fees associated with such access.

 

2.       Termination/Cancellation

a.        Either You or the Company may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described herein. Further, if the Company believes that You have violated Your obligations under this Agreement, the Company may, at its option and in addition to its other remedies, immediately and without notice, suspend Your Account, remove and destroy data and files stored by You on the Company’s servers and/or terminate this Agreement. the Company will not be liable to You or any third party for any suspension or termination of Your Account or the Service. Should You object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately: (a) discontinue use of the Service; (b) terminate this Agreement; and (c) notify the Company of such termination. Upon any termination of this Agreement, the Company will remove Your stored data files from main storage and archives immediately.

 

b.       You are expected to login online at the Company website and provide necessary information for cancellation. For security reasons, sending an email for cancellation is not considered as a cancellation notice. On successful cancellation of account by You, or by the Company due to various reasons including non-payment for the services, Your data files will be removed immediately.

 

3.       Conditions of Use

You are solely responsible for the content of all data You store or retrieve from, or attempt to store or retrieve from, Your Account and the public folders and for all transmissions by You from and to Your Account. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You will: (a) not use the Service for any illegal purposes; (b) not use the Service to store, retrieve, transmit or view any file, data, image or program that contains: (i) any illegal pictures, materials or information; (ii) any harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material of any kind or nature; (iii) any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; (iv) any code or material that violates the intellectual property rights of others; (v) any temporary files; or (vi) any viruses, worms, “Trojan horses” or any other similar contaminating or destructive features; (c) comply with United States and other applicable law regarding the exportation and re-exportation of any data or other materials from the United States or other jurisdictions through the Service; (d) not use the Service for any spamming, chain letters or other use that may otherwise disrupt the Service or the networks through which You access and use the Service; (e) comply with all regulations, policies and procedures of networks through which You access and use the Service; and (f) not access or attempt to access any Service account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account. (g) the Service should not be used to sell digital content to others. It is not a media for dissemination of digital content for commercial purposes. the Company may use automated procedures to detect unacceptable level of usage and may immediately disable offending accounts, and the process of detection may vary from time to time, based on misuse detected. The Service is not a service for storing and disseminating large amounts of data to large number of recipients. It is an online storage and backup service. the Company shall not be responsible for any business interruptions that may be caused due to this process.

 

4.       Registration Information/Credit Card Charges

a.        You will promptly notify the Company of any change in the information You provide on Your registration form during Your registration for the Service (including, without limitation, any change in Your mailing address, telephone numbers or email address). The registration information provided by You on Your registration form during Your registration for the Service, together with any and all updates provided by You from time to time under this paragraph, is referred to in this Agreement as the “Registration Information.”

 

b.       You authorize the charges for use of the Service as indicated by published standard plans or a customized quote provided for your specific use. You also agree that the enrollment for the next service period is automatic. Invoices are prepared monthly, in arrears and payable as indicated on the invoice.

 

5.       Service Level Agreement

The Company will use commercially reasonable efforts to make Service available in accordance with the Service Level Agreement posted at the Company website and incorporated herein.

 

6.       Use of IP Addresses

The Company may collect IP addresses for the purposes of system administration, to audit the use of our site. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our house rules or terms of service or to protect our service, site, customers, or others.

 

7.       Account and Password

After You accept this Agreement and Your registration has been accepted by the Company, your Account will be established. You are solely responsible for any consequences arising out of Your failure to maintain the confidentiality of Your Password/encryption password. You will notify the Company of any unauthorized use or other breach in security of Your Account immediately after You learn of the same.

 

8.       Data of Customer

Customer’s information, or any derivatives thereof (“Customer Data”), contained in any Company repository shall remain the sole and property of Customer.  The Company is provided a license to the Customer Data for the purpose of providing the Service, including a license to store, record, transmit, compile, analyze, maintain, and display Customer Data to the extent necessary in the provisioning of Service.

 

9.       Security of Stored Data and Files

The Company will endeavor to restrict access to the data and files You store or retrieve from Your Account to persons accessing such data and files through use of Your Account or Password. No password-protected system of data storage and retrieval can be made entirely impenetrable, however.  Accordingly, You hereby acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the data and files You store in Your Account.

 

10.    Content of Stored Data and Files

You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored by You on the Company’s servers and (b) ensuring that such content does not include any of the items listed in paragraph 3(b) above. the Company normally does not review, inspect, edit or monitor any content, data or files stored by You or any other user of the Service, including, without limitation, for viruses, worms, “Trojan horses” or any other similar contaminating or destructive features. If the Company has suspicion that an account is being used for storage and distribution of any illegal material such as copy-righted content, the Company reserves the right to examine the content of the online storage and backup account. The Company may also access the account and data for support related activities. The Company reserves the right to refuse, remove or disable access to any data or files stored on the Company’s servers with immediate effect that the Company learns may be illegal, may violate the terms herein, may violate the rights of any third party or otherwise may be reasonably objectionable.

 

11.    Disclaimer of Warranties

The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, CONTRACTORS, AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.

 

12.    Limitations of Liability

IN NO EVENT SHALL THE COMPANY OR ITS CONTRACTORS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.

 

13.    Indemnification

You will defend, indemnify and hold the Company, its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (a) Your use of Your Account and the Service, (b) any data files and content stored by You in Your Account and otherwise on the Company servers and (c) any violation of this Agreement by You.

 

14.    Notices

Any notice under this Agreement given by the Company to You will be deemed to be properly given if sent by email to Your email address as set forth in the Registration Information, or by a startup screen that starts before Your next use of the Service or by written communication mailed by first class U.S. mail to Your address on record in the Registration Information. It is important that you maintain a correct working email id and update it if necessary to be able to receive the Company’s communication. Any notice under this Agreement given by You to the Company will be deemed to be properly given if received by email sent to the Company’s Customer Service at support@icehook.com (or as updated by the Company) except those that are related to cancellation or termination of the account. For security reasons, sending an email to another address for cancellation is not considered as a cancellation notice.

 

15.    Severability and Survival

This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.  Those paragraphs of this Agreement that can be reasonably construed to survive termination shall so survive termination of this Agreement.

 

16.    Modifications to this Agreement

The terms and conditions of this Agreement may be changed by the Company from time to time. Upon any such change, the Company will notify You of such change in accordance with the terms herein and shall post an updated version of this Agreement on the Company’s website.  Your use of any Services after such notification will constitute Your acceptance of such changed terms and conditions.

 

17.    Miscellaneous

Your right to use the Service is personal to You, and You will not assign any of Your rights, obligations or interest in this Agreement or Your Account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. The Company’s failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by the laws of the State of New York, without regard to its conflict of laws rules. You consent to the venue and exclusive jurisdiction of the state and federal courts located in Kings County, New York, U.S.A., with regard to any claim arising under or otherwise occurring by reason of this Agreement or Your use of the Service or Your Account. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.   In the event of any suit or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.