These terms of service outline the terms and conditions for use of the services provided by EqualAccess (“Operator”). These terms and conditions constitute a binding legal agreement between you and Operator.
Acceptance
By using this service, you hereby consent and accept these terms and conditions in full. If you do not accept or agree to all of the terms and conditions stated hereinbelow, please cease using the services provided by Operator.
Operator reserves the right, at any time, in their sole discretion to terminate the services provided to any user or any IP address / IP range without notice for violation of any of the terms and conditions stipulated herein.
Prohibited activities
You hereby agree to use the services provided by Operator for lawful purposes only. You agree that you shall not use the services provided by Operator for the following activities:
for conducting denial of service attacks on any party, including Operator and its servers;
to hack or gain unauthorized access to computers or to use the services to control computers without authorized access;
to distribute audio, video, photographs or any digital content relating to child pornography, rape or revenge pornography;
to conduct or promote any and all activities relating to terrorism, fraud, cyber warfare, violence and any other criminal activities;
for collecting or harvesting any personally identifiable information of other service users and customers of Operator;
for attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers hosted by Operator; and
For uploading malicious data, viruses, worms or any other type of malware through servers owned, controlled or hosted by Operator.
Intellectual property
All present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trademarks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction are intellectual property of respective parties and these terms of service shall not constitute as licensing of any intellectual property of the respective parties.
Warranties
The services are provided on an “as is” basis without any warranties of any kind to the fullest extent permissible under applicable laws and regulations. Operator disclaims any warranties, express or implied.
Indemnity
You hereby agree to indemnify, defend and hold harmless Operator, its parents, subsidiaries and affiliates and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of these terms, your use of the services provided by Operator or any of your other acts or omissions.
Liabilities
To the fullest extent permitted by law, in no event will Operator, its parents, subsidiaries and affiliates and their officers, directors, employees, agents, distributors and licensees be liable for:
any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, goodwill, use or content) however caused, under any theory of liability, including without limitation, contract, tort, warranty, negligence or otherwise, even if Operator has been advised to the possibility of such damages, to the maximum extent permitted by applicable law; and
any interruptions or cessation to the service provided by Operator, subject to applicable laws;
any unauthorized access to or alteration of your transmissions or data, whether or not the circumstances giving rise to such cause may have been within the control of Operator.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Operator, its parents, subsidiaries and affiliates and their officers, directors, employees, agents, distributors and licensees shall not be liable for defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Termination of services
Operator reserves the right to terminate or suspend all and any of the services provided to you immediately without notice or liability, for any reason whatsoever, including without limitation if you breach the terms and conditions stipulated herein. If you wish to terminate your services with Operator, you may discontinue using the services provided by Operator. The indemnities, warranties, liabilities and dispute resolution clause shall survive the termination of this agreement.
Dispute resolution & governing law
These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the courts in Delaware shall have exclusive jurisdiction.
Modification
Operator may update these terms of service from time to time without any notice. If you continue using the services provided by Operator after these changes take effect, then you agree to the revised terms. You hereby declare that you understand and agree that it is your obligation to review these terms from time to time in order to stay informed on the current terms and conditions. Your continued use of the services provided by Operator constitutes your acceptance of any changed terms.
Severability
If any portion of these terms and conditions are held to be invalid or unenforceable for any reason by a court or governmental authority of competent jurisdiction, then such portion will be deemed to be stricken and the remainder of the terms and conditions shall continue in full force and effect.