What is a Personal Site?
This is a sample view of a Personal HotZing Site. It is required to create a new community site for businesses, clubs, non-profits etc. You can have more than one account, although it is not recommended. The Personal HotZing Site will not work without a local address. Your HotZing Site is strictly private. Nobody will see your personal site unless approved by you. When you first login to HotZing, you will see something like what you see below. From here you can change your account, upload a classified ad, maintain your contacts, and when logged in you can subscribe to various businesses, organizations, and clubs in your community. Plus you can rate businesses and so much much. Welcome to HotZing!
Effective Dec 4, 2012
1. DEFINITIONS
1.1 In this Terms and Conditions ("Agreement"), "you" and "your" refer to each customer ("Customer") and its agents, including each person listed in your account information as being associated with your account, and "we", "us" and "our" refer collectively to HotZing, LLC and its wholly-owned subsidiaries ("HotZing.com").
1.2 This Agreement explains our obligations to you, and your obligations to us in relation to the HotZing service(s) you purchase and free services given by HotZing. By purchasing or otherwise applying for HotZing service(s), you agree to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional HotZing service(s) or to modify or cancel your HotZing service(s) (even if we were not notified of such authorization), this Agreement as amended covers any such service or actions. Additionally, you agree that each person listed in your account information as being associated with your account for any services provided to you (including, but not limited to, imbedded web services inside HotZing.com) is your agent with full authority to act on your behalf with respect to such services in accordance with the permissions granted, and that the Primary Contact and Account Administrative Contact for your account shall have the authority, without limitation, to terminate, transfer (where transfer is permitted by the Agreement), or modify such services or your account information, or purchase additional services. Any acceptance of your application(s) or requests for our services and the performance of our services will occur at our offices in Saint George, Utah, the location of our principal place of business. Except as otherwise expressly set forth in this Agreement, you agree that if you list, directly or by default, HotZing as a contact for your account and/or any of the services in your account, we have the right, without notice, to remove our name and/or information from any such account or service and to replace the same with the name and/or information provided by you for any other contact associated with that account or service.
2. VARIOUS SERVICES
The terms and conditions set forth in this Agreement apply only to customers who have purchased the HotZing services.
3. FEES, PAYMENT AND TERM OF SERVICE
As consideration for the services you purchased, you agree to pay HotZing the applicable service fees set forth on our Web site at the time of your selection, or, if applicable, upon receipt of your invoice from HotZing.
4. ACCURATE INFORMATION
You agree to: (I) provide certain true, current, complete and accurate information about you as required by the application process; and (II) maintain and update according to our modification procedures the information you provided to us when purchasing our services as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services. You agree that HotZing (itself or through its third party service providers) is authorized, but not obligated, to use Coding Accuracy Support System (CASS) certified software and/or the National Change of Address program (and/or such other systems or programs as may be recognized by the United States Postal Service or other international postal authority for updating and/or standardizing address information) to change any address information associated with your listing or your account (e.g., registrant address, billing contact address, etc.), and you agree that HotZing may use and rely upon any such change of address information for all purposes in connection with your account (including the sending of invoices and other important account information) as though such changes had been made directly by you.
5. PRIVACY
5.1 The HotZing Privacy Policy, located on the main login page of www.hotzing.com, and also inside each Personal HotZing Site under the link titled "My Account Settings," is incorporated herein by reference, as it is applicable to services purchased and or offered for free through HotZing.
5.2 The applicable Terms of Use and privacy statements set forth define your and our rights and responsibilities with regard to your personal information. You agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statements on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by using our services after modifications to the privacy statement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement.
5.3 We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (I) the purposes for which such third party's personal data has been collected, (II) the intended recipients or categories of recipients of the third party's personal data, (III) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and (IV) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.
6. OWNERSHIP
6.1 Except as otherwise set forth herein, all right, title and interest in and to all, (I) registered and unregistered trademarks, service marks and logos; (II) patents, patent applications, and patentable ideas, inventions, and/or improvements; (III) trade secrets, proprietary information, and know-how; (IV) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (V) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (VI) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the HotZing services identified herein ("HotZing Intellectual Property Rights") are owned by HotZing LLC or its licensors, and you agree to make no claim of interest in or ownership of any such HotZing Intellectual Property Rights. You acknowledge that no title to the HotZing Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in HotZing or its licensors' service, other than the rights expressly granted in this Agreement.
6.2 To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by HotZing and all right, title and interest in and to each such Derivative Work shall automatically vest in HotZing. HotZing shall have no obligation to grant you any right in any such Derivative Work.
7. EXCLUSIVE REMEDY
REGARDING THE TIME LIMITATION ON FILING ANY CLAIM, YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY HOTZING SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL HOTZING, ITS LICENSORS AND CONTRACTORS (INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE FOR BUSINESS AND PERSONAL IMBEDDED WEB HOSTING IN HOTZING) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF HOTZING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, HOTZING'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. HotZing and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to: (I) loss or liability resulting from access delays or access interruptions; (II) loss or liability resulting from data non-delivery or data mis-delivery; (III) loss or liability resulting from acts of God; (IV) loss or liability resulting from the unauthorized use or misuse of your account number, password or security authentication option; (V) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (VI) loss or liability relating to the deletion of or failure to store e-mail messages; (VII) loss or liability resulting from the development or interruption of your imbedded web site or your HotZing service; (VIII) loss or liability from your inability to use any future e-mail service, web site manager service or any component of the subscription service (for imbedded websites in the www.HotZing.com web-based platform); (IX) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agent's failure to pay any fees, including the initial registration fee or reregistration fee; (X) loss or liability as a result of the application of our dispute policy; or (XI) loss or liability relating to limitations, incompatibilities, defects, or any other standard not under HotZing’s sole control. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
8. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF OUR SERVICE(S) OR OUR LICENSORS' SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. WE AND OUR 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. NEITHER HOTZING NOR OUR LICENSORS MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE OR OUR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.
9. INDEMNITY
You agree to release, indemnify, defend and hold harmless HotZing and any of our (or their) contractors, agents, employees, officers, directors, equity shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (b) the HotZing services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of our operating rules or policies relating to the service(s) provided, (e) any information or data you supplied to HotZing, including, without limitation, any misrepresentation in your application, if applicable, (f) the inclusion elements in any website created for you or by you via the HotZing services, or (g) any information, material, or services available on your licensed HotZing imbedded Web Site. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. We shall have the right to participate in any defense by you of a third-party claim related to your use of any of the HotZing services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.
10. TERMINATION
a. By You. You may terminate this Agreement upon at least thirty (30) days written notice to HotZing for any reason.
b. By Us. We may terminate this Agreement or any part of the HotZing services at any time in the event you breach any obligation hereunder, fail to respond within ten (10) calendar days to an inquiry from us concerning the accuracy or completeness of the information referred to in Section 4 of this Agreement, if we determine in our sole discretion that you have violated the HotZing Acceptable Use Policy, which is located on our Web site at http://www.hotzing.com and is incorporated herein and made part of this Agreement by reference, or upon thirty (30) days prior written notice if we terminate or significantly alter a product or service offering.
c. Effect of Termination. Except as otherwise expressly set forth herein or on our Web site, HotZing will cease charging your credit card, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by HotZing, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs HotZing incurs in closing your account. You agree to pay any and all costs incurred by HotZing in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the HotZing service, if applicable. In addition to the terms set forth herein, certain HotZing services may have additional terms regarding termination, which are set forth in the applicable Schedule.
d. Effect of Termination of Community Site and imbedded hosting services. In addition to the terms set forth in subsection 10(c) above, if you purchase HotZing services, which are sold together as part of a "bundled" or single Imbedded package of services, any termination relating to such services will terminate all HotZing services. For instance, without limiting the generality of the foregoing, any Imbedded Community Site registered with or maintained by HotZing under this Agreement (but not including any domain names you may have registered with a third-party registrar, separately and not as part of a bundled service or the Community Site Package) will be cancelled and may thereafter be available for registration by another party as a bundled service only. Upon the effective date of termination, HotZing will no longer provide the bundled service or single Community Site Hosting Service to you, any licenses granted you shall immediately terminate, and you shall cease using such services immediately; provided, however, that we may, in our sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees, allow you to convert certain bundled services to stand alone Community Site Services. For point of clarification, a bundled service can include multiple duplication of Community Sites, multiple parking of Community SItes, vendor selected design services for Community Site construction, and other services.
11. REPRESENTATIONS AND WARRANTIES
You agree and warrant that: (I) neither your registration nor use of the HotZing services nor the manner in which you intend to use such HotZing services will directly or indirectly infringe the legal rights of a third party, (II) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, (III) you have selected the necessary security option(s) for your domain name registration record, (IV) you are of legal age to enter into this Agreement (or you are at least 13 years of age and have your parents' permission to apply for services hereunder); and (VI) you agree to comply with all applicable laws and regulations.
12. MODIFICATIONS TO AGREEMENT
Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (I) revise the terms and conditions of this Agreement; and/or (II) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the service(s) on the HotZing Web site, or upon notification to you by e-mail or United States mail. You agree to periodically review our Web site, including the current version of this Agreement available on our Web site, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice as required in the billing and cancellation policy available in your HotZing hotbox. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are nonrefundable, except as expressly noted otherwise in the Billing and Cancellation Policy. By continuing to use HotZing services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (I) any agent, representative or employee of any third party that you may use to apply for our services; or in (II) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of HotZing is authorized to alter or amend the terms and conditions of this Agreement.
13. ACCOUNT ACCESS
To access or use the HotZing services or to modify your account, you may be required to establish an account and obtain a login name, account number, password and/or pass phrase. You authorize us to process any and all account transactions initiated through the use of your password and/or pass phrase. You are solely responsible for maintaining the confidentiality of your password and pass phrase. You must immediately notify us of any unauthorized use of your password or pass phrase, and you are responsible for any unauthorized activities, charges and/or liabilities made through your password or pass phrase. In no event will we be liable for the unauthorized use or misuse of your login name, account number, password or pass phrase. You agree that we may log off any account that is inactive for an extended period of time.
14. AGENTS
You agree that, if your agent, (e.g., your Primary Contact or Account Administrative Contact, Website Service Provider, employee) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein. Your continued use of our services ratifies any unauthorized actions of your agent. By using your login name, account number or password, or otherwise purporting to act on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement, that he or she has apprised you of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your agent.
15. OTHER POLICIES
In addition to the terms and conditions set forth in this Agreement, the purchase of services may make other HotZing Policies applicable to you. In making a purchase of our services, you agree to the terms set forth in these policies. HotZing reserves the right to make changes to these policies.
16. RIGHT OF REFUSAL
We, in our sole discretion, reserve the right to refuse to register your chosen name, issue you a digital certificate, or register you for other HotZing service(s), or to delete your chosen name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we do not register your chosen domain name for listing purposes and for micro site services, issue you a digital certificate, or register you for other HotZing service(s), or we delete your chosen domain name or other HotZing service(s) within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register your chosen domain name, refusal to issue a digital certificate, the deletion of your chosen domain name or refusal to register you for other HotZing service(s).
17. NOTICES AND ANNOUNCEMENTS
(a) Except as expressly provided otherwise herein, all notices to HotZing shall be in writing and delivered via overnight courier or certified mail, return receipt requested to HotZing, LLC, Attention: Legal Department, PO Box 1338, St George, UT 84770. All notices to you shall be delivered to your mailing address or e-mail address as provided in your account information (as updated by you pursuant to this Agreement) or to any e-mail address associated with your service name registration(s) with HotZing. (b) You authorize us to contact you as our customer via telephone, at the number provided by you in your account information (as updated by you pursuant to this Agreement), which telephone number is incorporated herein by reference, e-mail or postal mail regarding information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails, telephone solicitations and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters.
18. SEVERABILITY
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
19. ENTIRE AGREEMENT
You agree that this Agreement, the rules and policies incorporated by reference in this Agreement (including, without limitation, the dispute policy and the privacy and use policy) are the entire, complete and exclusive agreement between you and us regarding our services and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement, including, without limitation, any purchase order provided by you for the services.
20. ASSIGNMENT AND RESALE
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the services (or portion thereof) without HotZing prior express written consent.
21. GOVERNING LAW
(a) You and HotZing agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Commonwealth of Utah, United States of America, excluding its conflict of laws and rules. You and we each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the United States District Court of Utah for any disputes between you and HotZing under, arising out of, or related in any way to this Agreement (whether or not such disputes also involve other parties in addition to you and HotZing). If there is no jurisdiction in the United States District Court for Utah, for any such disputes, you and we agree that exclusive jurisdiction and venue shall be in the courts of Washington County, St George, Utah. (b) Reserved.
22. IMBEDED HOSTING SERVICES
In addition to the Agreement terms, the following additional terms and conditions shall apply to any and all purchases of Imbedded Hosting Services (as defined below).
23. DESCRIPTION OF SERVICE FOR IMBEDDED HOSTING
HotZing may make available for purchase, from time to time, a variety of hosting packages, stand-alone Imbedded hosting services and optional add-on services, as published on the HotZing website (collectively, "Imbedded hosting services"). Subject to the terms and conditions of this Agreement (which includes this and all other applicable Schedules) and during the term of this Agreement, HotZing agrees to provide to you the Imbedded hosting services you purchase during the sign-up process. HotZing reserves the right to amend its Imbedded hosting services offerings and to add, delete, suspend or modify the terms and conditions of the Imbedded hosting services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.
24. FEES AND PAYMENT TERMS
24.1 Billing for Imbedded hosting services shall be by valid credit card (acceptable to HotZing) at the time of purchase at the fee set forth on our web site. Your monthly and, if you've selected our "auto-renew" feature, annual payments for Imbedded hosting services shall be automatically charged to the credit card provided by you (and acceptable to HotZing) at the time of your purchase (with such payments being charged in advance on a monthly or annual basis, as applicable) each month or annually, as applicable ("Imbedded hosting services Fee"), and you hereby agree that HotZing is authorized to so charge your credit card. HotZing, in its sole discretion, shall determine the prices it will charge for the Imbedded hosting services, and the terms and conditions applicable to the same, and HotZing may, upon providing thirty (30) days' prior written notice to you, amend such pricing and/or terms and conditions. If you do not agree to any such pricing and/or terms and conditions change(s), you may terminate this Agreement (or cancel your Imbedded hosting services, as applicable) as provided herein within such thirty (30) day period; otherwise all such changes shall thereafter be effective with respect to your account, and you agree that we are authorized to charge your credit card for any new Imbedded hosting services Fee, on the next monthly or annual (as applicable) payment cycle.
24.2 In addition to recurring service fees, HotZing may charge set up fees and other one-time fees for any optional services as set forth on our Web site and/or described in this Schedule (collectively "One-time Fees"). Billing for One-time Fees shall be by valid credit card (acceptable to HotZing) at the time of purchase at the price set forth on our web site. Your One-time Fees shall be automatically charged to the credit card provided by you (and acceptable to HotZing) at the time of your purchase, and you hereby agree that HotZing is authorized to so charge your credit card. HotZing, in its sole discretion, shall determine the prices it will charge for all One-time Fees.
24.3 HotZing may charge you a Processing Fee if you terminate or cancel any package prior to the completion of any limited money-back guarantee time period for that package. You authorize HotZing, in its sole discretion, to charge the credit card provided by you at the time of your purchase or forward an invoice to you immediately upon any such termination or cancellation of an annual Imbedded hosting services package for the amount of the Processing Fee.
24.4 HotZing will suspend your account if you request a chargeback on your credit card for automatic charges to your credit card for excess data transfer usage (see Section 6 below).
25. TERM AND TERMINATION
25.1 Term. Your Imbedded hosting services shall be either (I) on a month-to-month basis for successive monthly periods, (II) if you have selected our auto-renew feature, on a year-to-year basis for successive yearly periods, or (III) if you have not selected our auto-renew feature, for a one-time annual period, all unless either party notifies the other of termination or cancellation in accordance with The Cancellation Policy and this Agreement, and subject to the then-current terms and conditions of this Agreement at the time of any renewal of your Imbedded hosting services.
25.2 Cancellation. Subject to your obligation to pay any applicable Processing Fees, you may cancel your Imbedded hosting services at any time. To cancel your Imbedded hosting services you must submit your written notice of cancellation to HotZing (as provided herein) and include the following information: (I) Your HotZing customer identification number and username; (II) the registered listing name, if any, associated with your Imbedded hosting services; and (III) your reason for requesting cancellation. Unless otherwise agreed to in writing (in either paper or electronic form), your Imbedded hosting services will be canceled as of the expiration of the monthly billing cycle in which your notice was received. Unless terminated earlier as provided herein, this Schedule, and the Agreement if you have no other services with HotZing, will be terminated as of the cancellation of your Imbedded hosting services.
25.3 If you breach any term of this Agreement, HotZing may, in its sole and exclusive discretion, suspend or terminate your Imbedded hosting services immediately and without notice to you. Hosting Service Fees may continue to accrue on suspended accounts and you will continue to remain responsible for the payment of any Service Fees that accrue during the period of suspension.
25.4 Upon any termination of this Schedule or the Agreement for any reason, Sections 2, 4, 5 and 6 shall survive termination.
26. ADDITIONAL WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY
26.1 ADDITIONAL DISCLAIMER. HOTZING IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY HOTZING.
26.2 Information obtained by you from the Internet may be inaccurate, offensive or in some cases illegal. HotZing has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet.
26.3 You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Imbedded hosting services or obtain from the Internet.
26.4 You agree that if HotZing takes any corrective action under this Agreement in response to your or your end users' actions or failures to act, that corrective action may adversely affect you or your end users and you agree that HotZing shall have no liability to you or your end users due to any corrective action taken by HotZing.
26.5 You agree that HotZing has no obligation to back-up any data related to your website unless HotZing expressly agrees otherwise in writing (or has expressly stated so on our Web site). You agree that you will regularly back-up your data whether or not HotZing agrees to or actually does back-up any data.
27. RESTRICTIONS ON USE
27.1 HotZing does not intend to and shall have no obligation to systematically monitor the content that is submitted, stored, distributed or disseminated by you via the Imbedded hosting services (the "Content"). Your Content includes content of your end users and/or users of your imbedded site. Accordingly, you are responsible for your end users' content and all activities on your site. HotZing, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, removal of all or a portion of your Content and suspension and/or termination of your Imbedded hosting services, in the event of notice of any possible violation of this Agreement by you or your end users. You agree that HotZing will have no liability to you or any of your end users due to any corrective action that HotZing may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action. You agree to the additional restrictions of use for the ancillary services provided by HotZing in conjunction with the Imbedded hosting services that are found in other schedules to this Agreement.
27.2 You warrant that your Content does not violate or infringe any copyright, trademark, patent or intellectual or other proprietary property right of any third party or contain any obscene or libelous material or otherwise violate any law or regulation.
27.3 Your use of networks or computing resources provided to HotZing by third party providers and made available to you as part of the Imbedded hosting services is subject to the respective permission and usage policies of such third parties.
27.4 You expressly (I) grant to HotZing a license to cache the entirety of your Content and your web site, including content supplied by third parties, hosted by HotZing under this Agreement, and (II) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
27.5 You agree that you will not exceed the bandwidth or storage space limits applicable to the Imbedded hosting services purchased, as set forth on our Web site. You agree that if you do exceed either of such limits, HotZing, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, assessment of additional fees and/or suspension and/or termination of your Imbedded hosting services. You agree that HotZing will have no liability to you or any of your end users due to any corrective action that HotZing may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action.
28. DATA TRANSFER OVERAGE CHARGES
28.1 You agree that you will not exceed the data transfer (bandwidth) or storage space limits applicable to the Services purchased, as set forth on our Web site. You agree that if you do exceed either of such limits, HotZing, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, assessment of additional fees and/or suspension and/or termination of your Imbedded hosting services. You agree that HotZing will have no liability to you or any of your end users due to any corrective action that HotZing may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action.
28.2 Excess bandwidth usage cannot be purchased.
28.3 If you exceed your data transfer limit in the last 24 hours of any given month, HotZing will not charge you additional fees so long as the data transfer overage does not exceed 25GB.
28.4 Imbedded hosting services, you agree that HotZing may automatically charge your credit card for the bandwidth overage fees. You may opt-out of automatic charges to your credit card by contacting Customer Service. If you opt out of the automatic overage charges, you risk account suspension if you exceed your allotted amount.
29. OTHER TERMS AND CONDITIONS
29.1 The Imbedded hosting services we provide under this Agreement may incorporate other products or services that we provide, or products or services provided by third parties with whom we have a business relationship ("Additional Services"). Your use of these Additional Services may be subject to a separate application and/or approval process and you reaching separate agreements with us or with third parties. (For example, if you desire to accept credit card payments for the Imbedded hosting services, your relationship with the third-party merchant account provider may be subject to an application and approval process and you reaching a separate agreement with such provider.) Some of these separate agreements may require you to pay fees in addition to the fees that you pay us for the Imbedded hosting services. We will strive to let you know when your receipt of Additional Services will require you to enter into a separate agreement, whether with us or with a third-party, and whether such separate agreement will require you to pay additional fees. Additionally, depending on the services you elect to receive, you may be responsible for establishing and maintaining a commercial banking relationship with a financial institution. The terms of any such relationship shall be between you and the financial institution and will not necessarily reflect or incorporate terms of any agreements we may have with the institution. Further, you agree that our third party vendors providing any services as part of the Imbedded hosting services, and their successors, are intended third-party beneficiaries under this Agreement and will be entitled to enforce your obligations under this Agreement. Finally, you acknowledge and agree that other Schedules in this Agreement may apply to the various services included in your Imbedded hosting services package (for example, Schedules related to domain name registration, email, Private Registration, etc.), and that you have read and you agree to be bound by the additional terms and conditions in those Schedules.
29.2 You agree that any listed name directory, sub-directory, file name or path (e.g. ) that does not resolve to an active web page on your Imbedded Micro Site being hosted by HotZing and not in use by you, may be used by HotZing to place a "parking" page, "under construction" page, or other temporary page that may include promotions, competitor pages, advertisements for, and links to, the HotZing product and service offerings, third-party Web sites, third-party product and service offerings, and/or Internet search engines. You agree that HotZing may change the content and/or appearance of, or disable any of these temporary pages at any time, in its sole discretion, and without prior notice.
By checking "I have read and agree to the Service Agreement", you will be bound to this agreement.
About HotZing
HotZing makes it easy to share information with your teammates, coaches, parents, fans, friends and people around you, those in your community. But we also understand that you may not want everyone in the world to have the information you share on HotZing; that is why we give you control of your information. Our default privacy settings limit the information displayed to just your name and zip code unless you give out any additional information in your profile to your networks and other community organizations you may belong to.
HotZing follows two core principles in personal information handling practices:
- Control over your personal information.
- Access to the information others want to share
This Privacy Policy is designed to help you understand how we collect and use the personal information you decide to share, and help you make informed decisions when using HotZing located at http://www.HotZing.com ("HotZing"or the "Web Site"). By using or accessing HotZing, you are accepting the personal information handling practices described in this Privacy Policy. If you have questions or concerns regarding this statement, you should contact our Privacy Officer at privacy@HotZing.com.
Changes to our Privacy Policy
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. We therefore encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account.
The Information We Collect
When you visit HotZing you provide us with two types of information:
- personal information such as (name, email address, mailing address) you knowingly choose to disclose that is collected by us, and
- non-personally identifiable information that is generated when you interact with our Web Site.
When you use HotZing, you may form relationships, send messages, perform searches and queries, form groups, set up events, and transmit information through various channels, and even setup business services all inside HotZing. We collect this information so that we can provide you the service to facilitate user interaction in the HotZing community service engine and to offer personalized features and advanced business services. Email addresses are used to send notifications related to the HotZing service. A user's email address as connected to a Personal Porch account is not shared or displayed to people within a user's personal network. Users' full names are directly revealed to other members in organizations and subscriptions that you authorize within your HotZing Personal Porch account. To facilitate searching and finding friends and acquaintances on the service, HotZing allows users to search for other members using first and last name, email address, schools and/or companies where users may have attended, worked or served in some capacity.
When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information. In the event that a change is made to your account, we automatically update the same information on all clubs, organizations and subscriptions that you have released your information. You can automatically unsubscribe to any of these in your account settings.
Non-Personally Identifiable Information/Cookies
When you enter HotZing, we collect non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the Web Site. This data is used to manage the Web Site, track usage and improve the Web Site services. This non-personally- identifiable information may be shared with third parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes. In addition, we store certain information from your browser using "cookies." A cookie is a piece of data stored on the user's computer tied to information about the user. The only personally identifiable information stored in these cookies is your email address.
We use session ID cookies to store visitors' preferences and to record session information. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to HotZing. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. However, you must enable cookies from HotZing in order to use most functions on the site. Please note that HotZing allows 3rd party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer, and that by using HotZing, you consent to the setting and accessing of such cookies on your computer. Advertisers' use of cookies is subject to their own privacy policies, not this Privacy Policy.
User Content
You post User Content (as defined in the HotZing Terms of Use) on the Site at your own risk. Although we allow you to set privacy options that limit access to your pages, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that User Content you post on the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content.
Third Party Advertising
Advertisements that appear on HotZing are sometimes delivered (or "served") directly to users by third party advertisers. They automatically receive your IP address when this happens. These third party advertisers may also download cookies to your computer, or use other technologies such as JavaScript and "web beacons" (also known as "1x1 gifs") to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. HotZing does not have access to or control of the cookies that may be placed by the third party advertisers. Third party advertisers have no access to your contact information stored on HotZing unless you choose to share it with them. We do not store personally identifying information in these cookies.
Promotions/Sweepstakes
From time to time, HotZing or a partner, may sponsor a promotion, sweepstake or contest on the Site. Users may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. We may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.
Invitation Service
HotZing members can invite friends to join the service by sending invitation emails via our automated invitation system. HotZing stores the email addresses that members provide so that the respondents may be added to the friend's list of the member sending the invitations, and also to send reminders of the invitations. We will automatically send your friend a one-time email inviting him or her to visit the site. HotZing stores this information to send this one-time email, to register a friend connection if your invitation is accepted, and to track the success of our referral program. HotZing does not sell these email addresses or use them to send any other communication besides invitations. Your friend may contact us at info@HotZing.com to request that we remove this information from our database.
Links
HotZing may, but is not obligated, to contain links to third party sites. HotZing is not responsible for the privacy policies and/or practices on other sites. When linking to another site a user should read the privacy policy stated on that site. Our Privacy Policy only governs information collected on the HotZing Web Site. HotZing may also collect information about you from other sources, such as newspapers, blogs, instant messaging services, and other users of the HotZing service through the operation of the service (e.g., photo tags) in order to provide you with more useful information and a more personalized experience. By using HotZing, you are consenting to have your personal data transferred to and processed in the Canada and/or the United States. Any improper collection or misuse of information provided on HotZing is a violation of the HotZing Terms of Use and should be reported to privacy@HotZing.com.
Children Under Age 13
HotZing does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on HotZing. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at privacy@HotZing.com. For children under the age of 13, we strongly suggest that parents or guardians subscribe and manage their children’s club and community organization contacts for them in their HotZing Personal Porch account.
Children Between the Ages of 13 and 18
We recommend that minors over the age of 13 and under the age of 18 ask their parents for permission before sending any information about themselves to anyone over the Internet.
Use of Information Obtained by HotZing
When you register with HotZing, you create your own profile and privacy settings. Your profile information, as well as your name, email and photo, are displayed to people in the networks specified in your privacy settings to enable you to connect with people on HotZing. We may occasionally use your name and email address to send you notifications regarding new services offered by HotZing that we think you may find valuable. If we do contact you, the email will contain a link that allows you to opt-out of further promotions.
Profile information is used by HotZing primarily to be presented back to and edited by you when you access the service and to be presented to others permitted to view that information by your privacy settings. In some cases where your privacy settings permit it (e.g., posting a message), other HotZing users may be able to supplement your profile.
Profile information you submit to HotZing will be available to users of HotZing who belong to at least one of the networks you allow to access the information through your privacy settings (e.g., teams, geography, friends of friends). Your name, network names, and profile picture thumbnail will be available in search results across the HotZing network and those limited pieces of information may be made available to third party search engines. This is primarily so your friends can find you and send a friend request. People who see your name in searches, however, will not be able to access your profile information unless they have a relationship to you (friend, friend of friend, member of your networks, etc.) that allows such access based on your privacy settings.
HotZing will send you service-related announcements from time to time through the general operation of the service. For instance, if a friend sends you a new message, or someone posts on your message board, you may receive an email alerting you to that fact.
Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
HotZing may use information in your profile without identifying you as an individual to third parties. We do this for purposes such as aggregating how many people in a network like a team or sports drink and personalizing advertisements and promotions so that we can provide you HotZing. We believe this benefits you. You can know more about the world around you and, where there are advertisements, they're more likely to be interesting to you. For example, if you put a favorite movie in your profile, we might serve you an advertisement highlighting a screening of a similar one in your town. But we don't tell the movie company who you are. HotZing will not sell, rent or trade any personally identifying information with a third party.
We may use information about you that we collect from other sources, including but not limited to newspapers and Internet sources such as blogs, instant messaging services and other users of HotZing, to supplement your profile. Where such information is used, we generally allow you to specify in your privacy settings that you do not want this to be done or to take other actions that limit the connection of this information to your profile (e.g., removing photo tag links).
Sharing Your Information with Third Parties
HotZing is about sharing information with others (friends, family, your team, coaches, and other players as well are non-profit organizations, clubs and local civic services and businesses) while providing you with controls that restrict other third parties from accessing your information. We allow you to choose the information you provide to friends and networks through HotZing. Our network architecture and your privacy settings allow you to make informed choices about who has access to your information.
Except as otherwise described in this Privacy Policy, HotZing will not disclose personal information to any third party unless we believe that disclosure is necessary:
- to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by HotZing, whether or not a response is required by applicable law;
- to enforce the our Terms of Use or to protect our rights; or
- to protect the safety of members of the public and users of the service.
Service Providers
We may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to facilitate our business, such as to host the service at a co-location facility for servers, to send out email updates about HotZing, to remove repetitive information from our user lists, to process payments for products or services, or to provide search results or links (including sponsored links). In connection with these offerings and business operations, our service providers may have access to your personal information for use for a limited time in connection with these business activities. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to the HotZing-specified purposes.
In conjunction with the use of the HotZing Development Platform, third parties who agree to abide by the HotZing Development Platform Terms of Service, including restrictions on access, storage and use of such data, may have limited access to your personal information. We have undertaken contractual and technical steps to restrict possible misuse of such information by such third parties, but of course cannot and do not guarantee that all third parties will abide by such agreements. Please report any suspected misuse of information through the HotZing Development Platform feddback@HotZing.com and we will investigate any such claim and take appropriate action against the third party
Demonstration Accounts
We occasionally provide demonstration accounts that allow non-users a glimpse into the HotZing world. Such accounts have only limited capabilities (e.g., messaging is disabled as well as the publishing of a business porch site etc.) and passwords are changed regularly to limit possible misuse.
Lawful Requests
We may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the HotZing service or using the HotZing name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.
Jointly Offered Services
We may offer stores or provide services jointly with other companies on HotZing. You can tell when another company is involved in any store or service provided on HotZing, and we may share customer information with that company in connection with your use of that store or service.
Sale of the Company
If the ownership of all or substantially all of the HotZing LLC business, or individual business units owned by HotZing LLC, were to change, your user information may be transferred to the new owner so the service can continue operations. In any such transfer of information, your user information would remain subject to the promises made in any pre-existing Privacy Policy.
Testimonials
We post testimonials on our web site which may contain personally identifiable information such as the person's name. We obtain consent prior to posting the testimonial to post their name along with their testimonial.
Forums, blogs, etc
If you use a bulletin board, blog, or chat room on this Web site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.
Changing or Removing Information
HotZing users may modify or remove any of their profile information at any time by logging into their account. Information will be updated immediately. Individuals who wish to deactivate their HotZing account may do so on the My Personal Porch page. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to members of HotZing.
Where you make use of the communication features of the service to share information with others on HotZing, however, (e.g., posting a message, blog or comment rating) you generally cannot remove such communications.
Security
HotZing takes appropriate precautions to protect our users' information. Your account information is located on a secured server behind a firewall. Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services. If you have any questions about the security of HotZing Web Site, please contact us at privacy@HotZing.com.
Terms of Use
If you choose to visit HotZing, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of, and application of law in the county of Washington, UT.
Questions and Comments
If you have any questions about this Privacy Policy, you should first contact our Privacy Officer at privacy@HotZing.com. You may also contact us by mail at PO Box 1338, St George, UT 84771.
Also, your address is never given to a third party without your approval. Every time you subscribe to a business, club or organization, revealing your address and other contact information is up to you. At HotZing we work extra hard to make your community connections engaging and privacy secure.