|panFora Remote Hosting Agreement
NOTE: wiThinc does not permit the use of offensive or vulgar language for your user name and may, at its sole discretion and without notice, delete or revoke any user associated with a name of this nature.
You are entirely responsible and liable for all activities, conduct etc. on your panFora. You will not post on, from or through the service, or transmit to other users of the service, any material that, at wiTHinc's sole discretion, infringes or violates another party's intellectual property rights (including another party's copyrights, trademark rights or trade secret rights) or rights of privacy.
wiTHinc reserves the right, but has no obligation or responsibility, to monitor the materials posted on a remotely hosted panFora. wiTHinc shall have the right to remove any such material that, at wiTHinc's sole discretion, violates, or may violate, any third party right, applicable law or this agreement. You remain solely responsible for the content of the materials you post in any area of the panFora hosting service. Users are responsible for all content submitted to panFora and will be held legally accountable when necessary.
Right to Refuse Service.
wiTHinc reserves the right to refuse service to anyone at any time, for any reason and without prior notice.
You understand that information available to you from third parties through the use of panFora may include materials that are unedited or offensive to you and that your access to such materials is at your own risk. wiTHinc hereby disclaims any responsibility for or control over such materials. In addition, wiTHinc disclaims any responsibility for the use of any personal information that you may choose to disclose in connection with the use of this service.
wiTHinc retains ownership and all rights to wiTHinc's and panFora's name, logos, software, databases, reports, web site and all information.
wiTHinc respects the intellectual property rights of others, and we ask our users to respect those rights as well.
Either you or wiTHinc may cancel your use and access to the service at any time for any reason, or for no reason. You may cancel your use by discontinuing payment for the use of the service.
You agree and understand that you are using wiTHinc's panFora remote hosting service at your own risk. The panFora remote hosting service is provided on an "AS IS" and "AS AVAILABLE" basis. wiTHinc makes no warranties with respect to the service, either express or implied, and wiTHinc hereby disclaims to the fullest amount allowed by law, any warranties of satisfactory quality, quiet enjoyment, merchantability, fitness for a particular purpose or non-infringement. You acknowledge and agree:
I. That the service may contain bugs, defects and errors.
II. That the service may be unavailable or inaccessible to you for substantial periods of time.
III. That data may be lost or corrupted, including your entire panFora discussion forum and all information it contains.
IV. You agree to back-up onto your own system, if possible, any data or information you do not want to lose. No oral advice or written information given by wiTHinc, its employees, affiliates, or the like, will create a warranty; nor may you rely on any such information or advice.
LIMITATION OF LIABILITY.
Under no circumstances, including negligence, will wiTHinc be liable for any direct, indirect, incidental, reliance, special, exemplary or consequential damages that result from the use of or inability to use the panFora remote hosting service. This includes but is not limited to reliance on any information obtained via the service, or that results from mistakes, omissions, interruptions, deletion of files or e-mails, loss of or damage to data, errors, defects, viruses, delays in operation, or in transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to wiTHinc records, programs or services, lost profits or goodwill.
You hereby acknowledge that the foregoing limitation applies to you regardless of the theory of liability (including breach of contract, negligence and strict liability), that this provision will apply whether or not wiTHinc is given notice of the possibility of such damages, and that this provision will apply to all content, merchandise or services available through the panFora remote hosting service, or from wiTHinc. In addition, wiTHinc disclaims all liability regardless of the form of action, for the acts or omissions of other users (including unauthorized users, or "Hackers") of the service. wiTHinc is not responsible for the procurement of substitute goods or services.
Upon wiTHinc request, you shall defend, indemnify and hold harmless wiTHinc, its directors, employees, agents and licensees, from any claims, losses, damages, expenses, and fees including without limitation reasonable solicitors fees, arising out of or relating to your use of and enrolment in the service, including without limitation any violation of this agreement.