- Terms of Service
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by (Top Kids), acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your hostgator Account and Site.If you create a Top Kids/site on the Website, you are responsible for maintaining the security of your account and Top Kids, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Top Kids. You must not describe or assign keywords to your Top Kids in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and (Top Kids) may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause (Top Kids) liability. You must immediately notify (Top Kids) of any unauthorized uses of your Top Kids, your account or any other breaches of security. (Top Kids) will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors.If you operate a Top Kids, comment on a Top Kids, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your Top Kids is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other Top Kidss and web sites, and similar unsolicited promotional methods;
- your Top Kids is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Top Kids’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by (Top Kids) or otherwise.
By submitting Content to (Top Kids) for inclusion on your Website, you grant (Top Kids) a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Top Kids. If you delete Content, (Top Kids) will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, (Top Kids) has the right (though not the obligation) to, in (Top Kids) sole discretion (i) refuse or remove any content that, in (Top Kids) reasonable opinion, violates any (Top Kids) policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in (Top Kids) sole discretion. (Top Kids) will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay (Top Kids) the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify (Top Kids) before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to (Top Kids) in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay (Top Kids) the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. (Top Kids) reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to (Top Kids).
- If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by (Top Kids) to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free hostgator services. All support will be provided in accordance with (Top Kids) standard services practices, procedures and policies.
- Responsibility of Website Visitors.(Top Kids) has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, (Top Kids) does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. (Top Kids) disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites.We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which hostgator links, and that link to hostgator. (Top Kids) does not have any control over those non-(Top Kids) websites and webpages, and is not responsible for their contents or their use. By linking to a non-(Top Kids) website or webpage, (Top Kids) does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. (Top Kids) disclaims any responsibility for any harm resulting from your use of non-(Top Kids) websites and webpages.
- Copyright Infringement and DMCA Policy.As (Top Kids) asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by hostgator violates your copyright, you are encouraged to notify (Top Kids) in accordance with (Top Kids) Digital Millennium Copyright Act (“DMCA”) Policy. (Top Kids) will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. (Top Kids) will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of (Top Kids) or others. In the case of such termination, (Top Kids) will have no obligation to provide a refund of any amounts previously paid to (Top Kids).
- Intellectual Property.This Agreement does not transfer from (Top Kids) to you any (Top Kids) or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with (Top Kids). (Top Kids), hostgator, the hostgator logo, and all other trademarks, service marks, graphics and logos used in connection with hostgator, or the Website are trademarks or registered trademarks of (Top Kids) or (Top Kids) licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any (Top Kids) or third-party trademarks.
- (Top Kids) reserves the right to display advertisements on your Top Kids unless you have purchased an ad-free account.
- (Top Kids) reserves the right to display attribution links such as ‘Top Kids at hostgator,’ theme author, and font attribution in your Top Kids footer or toolbar.
- Partner Products.By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names.If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- (Top Kids) reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. (Top Kids) may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- (Top Kids) may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your hostgator account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by (Top Kids) if you materially breach this Agreement and fail to cure such breach within thirty (30) days from (Top Kids) notice to you thereof; provided that, (Top Kids) can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties.The Website is provided “as is”. (Top Kids) and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither (Top Kids) nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability.In no event will (Top Kids), or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to (Top Kids) under this agreement during the twelve (12) month period prior to the cause of action. (Top Kids) shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- You agree to indemnify and hold harmless (Top Kids), its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- This Agreement constitutes the entire agreement between (Top Kids) and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of (Top Kids), or by the posting by (Top Kids) of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; (Top Kids) may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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(Top Kids) (“(Top Kids)”) operates hostgator and may operate other websites. It is (Top Kids) policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, (Top Kids) collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. (Top Kids) purpose in collecting non-personally identifying information is to better understand how (Top Kids) visitors use its website. From time to time, (Top Kids) may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
(Top Kids) also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on hostgator Top Kidss/sites. (Top Kids) only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the Top Kids/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to (Top Kids) websites choose to interact with (Top Kids) in ways that require (Top Kids) to gather personally-identifying information. The amount and type of information that (Top Kids) gathers depends on the nature of the interaction. For example, we ask visitors who sign up at hostgator to provide a username and email address. Those who engage in transactions with (Top Kids) are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, (Top Kids) collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with (Top Kids). (Top Kids) does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
(Top Kids) may collect statistics about the behavior of visitors to its websites. (Top Kids) may display this information publicly or provide it to others. However, (Top Kids) does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
(Top Kids) discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on (Top Kids) behalf or to provide services available at (Top Kids) websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using (Top Kids) websites, you consent to the transfer of such information to them. (Top Kids) will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, (Top Kids) discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when (Top Kids) believes in good faith that disclosure is reasonably necessary to protect the property or rights of (Top Kids), third parties or the public at large. If you are a registered user of an (Top Kids) website and have supplied your email address, (Top Kids) may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with (Top Kids) and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. (Top Kids) takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If (Top Kids), or substantially all of its assets, were acquired, or in the unlikely event that (Top Kids) goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of (Top Kids) may continue to use your personal information as set forth in this policy.
Collection of personal information
We receive and store any information you knowingly provide to us when you fill any online forms on the Website. You can choose not to provide us with certain information, but then you may not be able to take advantage of some of the Website’s features. Users who are uncertain about what information is mandatory are welcome to contact us.
Collection of non-personal information
When you visit the Website our servers automatically record information that your browser sends. This data may include information such as your device’s IP address, browser type and version, operating system type and version, language preferences or the webpage you were visiting before you came to our Website, pages of our Website that you visit, the time spent on those pages, information you search for on our Website, access times and dates, and other statistics.
Use and processing of collected information
Any of the information we collect from you may be used to Non-Personal Information collected is used only to identify potential cases of abuse and establish statistical information regarding Website usage. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.
We may process Personal Information related to you if one of the following applies: (i) You have given their consent for one or more specific purposes. Note that under some legislations we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the following legal bases below. This, however, does not apply, whenever the processing of Personal Information is subject to European data protection law; (ii) Provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (ii) Processing is necessary for compliance with a legal obligation to which you are subject; (iv) Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Information transfer and storage
Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer takes place, you can find out more by checking the relevant sections of this document or inquire with us using the information provided in the contact section.
The rights of users
You may exercise certain rights regarding your information processed by us. In particular, you have the right to do the following: (i) you have the right to withdraw consent where you have previously given your consent to the processing of your information; (ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent; (iii) you have the right to learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the information undergoing processing; (iv) you have the right to verify the accuracy of your information and ask for it to be updated or corrected; (v) you have the right, under certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it; (vi) you have the right, under certain circumstances, to obtain the erasure of your Personal Information from us; (vii) you have the right to receive your information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that your information is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.
The right to object to processing
Where Personal Information is processed for a public interest, in the exercise of an official authority vested in us or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection. You must know that, however, should your Personal Information be processed for direct marketing purposes, you can object to that processing at any time without providing any justification. To learn, whether we are processing Personal Information for direct marketing purposes, you may refer to the relevant sections of this document.
How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
Privacy of children
We do not knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through our Website or Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through our Website or Service without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us through our Website or Service, please contact us.
We may display online advertisements and we may share aggregated and non-identifying information about our customers that we collect through the registration process or through online surveys and promotions with certain advertisers. We do not share personally identifiable information about individual customers with advertisers. In some instances, we may use this aggregated and non-identifying information to deliver tailored advertisements to the intended audience.
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Website cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party, despite best efforts.
In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account and personal data will likely be among the assets transferred.
Changes and amendments
Acceptance of this policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website and its Services.
If you have any questions about this Policy, please contact us.