The following terms and conditions govern your use of the website (this "Site") of FTP Hosting a California corporation, and any services contained within the Site. These Terms and Conditions include our Privacy Policy and supplemental terms and conditions that will govern your use of specific FTP Hosting services.
By using or downloading any materials from this Site, you agree to these Terms and Conditions. In addition, you agree to the applicable Supplemental Terms by using or downloading materials from that Additional Service.
1. Copyrighted Information and Copyright Agent.
Please note that the pages on the Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Unless otherwise noted, all information, text, articles, data, images, Documents (as defined below), software or other materials (collectively hereinafter referred to as the "Materials") contained on any page within this Site are copyrighted by FTP Hosting or a third party (hereinafter collectively referred to as the "Copyright Holder"). Title to copyright in the Materials will at all times remain with the Copyright Holder. You may only use, download or copy the Materials contained in the Site in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify or make use of the Materials without the express, prior written consent of FTP Hosting You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to the IEEE, the Copyright Holder, or any third party referenced in the Materials. Nothing on this Site shall be construed as conferring any license under any Copyright Holder's intellectual property rights, whether by estoppels, implication or otherwise. You agree to use the Site and the Materials and services and products on the Site or accessible via the Site only for lawful purposes. FTP Hosting MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME.
Except as specifically provided in these Terms and Conditions (including any applicable Supplemental Terms), any reproduction, distribution, replication or retransmission of any information contained on this Site without the prior written consent of FTP Hosting is strictly prohibited.
FTP Hosting respects the rights of all copyright holders and in this regard, it has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FTP Hosting’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party;
e. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Notice With Regard to Documents on this Site
Permission to display, copy and/or download any papers, articles or other works of authorship on this Site (the "Documents") is hereby granted, provided that (a) the copyright notice set forth on the Document and a statement that the Document is being reproduced under permission of the Copyright Holder both appear on such displayed, copied or downloaded Document, (b) use or reproduction of such Documents from this Site is for informational or personal use only, and (c) no modifications of any Documents are made. Any other use of the Documents is expressly prohibited.
3. Online Privacy Policy
Our online Privacy Policy forms a part of these Terms and Conditions. Supplemental Terms also contain additional and different terms, including without limitation regarding the collection, use, and sharing of personal information provided in connection with the use of such services, which you should read carefully before using such services.
4. Disclaimers and Limitation on Liability
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND FTP Hosting MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. FTP Hosting DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) DISCLAIMER OF ACCURACY. FTP Hosting DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. FTP Hosting RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. FTP Hosting MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. FTP Hosting IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
(C) LIMITATION ON LIABILITY. NEITHER FTP Hosting NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST FTP Hosting FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
5. Links to Third Party Sites
Any other web sites that are accessible via any link on this Site are not under the control of FTP Hosting. FTP Hosting is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. FTP Hosting provides the linked sites to you only as a convenience and the inclusions of any such link on the Site does not imply the FTP Hosting’s endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.
6. Export Restrictions
You acknowledge and agree that the Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
7. References to Products or Services
Information published by FTP Hosting on the Site may contain references or cross references to FTP Hosting products or services that are not announced or available in your country. Such references do not imply that FTP Hosting intends to announce such products or services in your country. Please contact FTP Hosting Member Services for information regarding the products and services that may be available to you.
8. User Input
Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on the Site, such information shall be deemed to be non-confidential and FTP Hosting shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, FTP Hosting shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, without limitation, publication on the Site, or other FTP Hosting publications, and developing, manufacturing, and marketing products using such information. FTP Hosting shall have no obligation to compensate the contributor of such information in any manner.
9. Governing Law; Venue for any Proceedings
Any action, proceeding, dispute, claim or controversy arising out of or relating to this Site or these Terms and Conditions, or any FTP Hosting products or FTP Hosting services offered on or accessed via the Site, shall (i) be governed by California State law and controlling U.S. federal law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the courts of the State of California located in San Francisco County or of the United States District Court of the Northern District of California, San Francisco Division (or upon appeal, to the appellate courts of corresponding jurisdiction). Each party consents to and waives any objection to the exclusive personal jurisdiction and venue of such State and Federal courts.
10. Complete Agreement; Changes to the Terms and Conditions
These Terms and Conditions represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. FTP Hosting shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on the Site. Any use of the Site after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.
11. Trademarks
"FTP Hosting", FTP Hosting logo, and other FTP Hosting logos and titles are registered trademarks or service marks of The Institute of Electrical and Electronics Engineers, Incorporated. All other products, company names or other marks appearing on this Site are the trademarks of their respective owners. Nothing contained in the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark displayed on the Site without prior written permission of FTP Hosting or other trademark owners.
12. Cancellation Policy
Subscriptions can be cancelled at anytime. Upon cancellation FTP Hosting will terminate all subsequent billing. Your FTP Hosting site will continue to be available for use until the end of your subscription term. Your account will be deleted one day after your end date. Under no circumstances will FTP Hosting issue refunds for subscription payments.
13. Termination
FTP Hosting may terminate this agreement at any time. Upon termination, you agree to cease all use of this Site. Without limiting the foregoing, FTP Hosting shall have the right to immediately terminate your access and use of the Site, or any portion of the Site, in the event of any conduct by you or through your account which FTP Hosting, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms and Conditions. The provisions of Sections 4, 9, 12 and this Section 13 shall survive any termination of this agreement.
14. Questions
Please email us at info@ftphosting.net with any questions you have about these Terms and Conditions, including our online Privacy Policy.