This Universal Terms of Service Agreement ("Agreement") sets forth the terms and conditions of the use of Cue Hosting's systems, software, platforms, APIs, and the use and/or purchase of Cue Hosting's products and related services, as well as any products and services acquired through Cue Hosting from its partners and/or affiliates (collectively "Services").
In this Agreement "You" and "Your" refer to You as the user of Cue Hosting's Services, or any agent, employee, servant, or person authorized to act on Your behalf. "We", "Us" and "Our" refer to Cue Hosting, Inc., as well as its subsidiaries and sister companies (“Cue Hosting”). This Agreement explains Our obligations to You and explains Your obligations to Us for using Our Services. These obligations are in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
When You use Cue Hosting's site, Your account (or You permit someone else to use it) to purchase or otherwise acquire access to Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement, along with the following policies and the applicable product agreements, which are incorporated by reference herein.
The following general policies are applicable to all of our services:
You acknowledge that Cue Hosting reserves the right to modify this Agreement and the Services it provides to you at its own discretion, and that such modifications are effective immediately upon being posted on this site. By continuing to use the site or Services after such changes or modifications have been made, you agree to be bound by the most recent version of this Agreement. If you have purchased Services from Cue Hosting, the terms and conditions of this Agreement will remain in full force and effect, including any changes made to it, as long as you continue to utilize and benefit from the Services.
Eligibility & Authority:
In order to use our website and services, you must be of legal age to form binding contracts according to the law. By using our site and/or services, you confirm that you are at least eighteen (18) years old and not prohibited from purchasing or receiving our services under India or other applicable laws.
If you are agreeing to this agreement on behalf of a company, you must have the legal authority to bind that company to the terms and conditions outlined in this agreement (including any additional agreements or policies referenced). In this case, when referring to "you" or "your", it also includes the corporate entity. If we later discover that you do not have the legal authority to bind the company, you will personally be responsible for the obligations outlined in this agreement and any related agreements based on the services you use, including payment obligations. Please note that we are not responsible for any losses or damages resulting from our reliance on any instruction, notice, document, or communication that we reasonably believe originated from an authorized representative of your company. If we have reason to doubt the authenticity of any of these communications, we may request additional authentication from you. By agreeing to this agreement, you are also bound by the terms of any other agreements or policies required for the services you purchase, and this applies to transactions entered into by you, anyone acting as your agent, and anyone using your account or the services, regardless of whether they are authorized by you.
Accounts, Accurate Information, Transfer of Data Abroad, and Account Management Access:
By requesting access to the Cue Hosting account of another customer, Cue Hosting customer undertakes to use such access solely in the best interest of and as authorized by the customer granting access.
Please note that Cue Hosting is not involved in the actual contract between a Cue Hosting customer granting access and/or requesting/receiving access to an account. Should there be a dispute between the parties, you must address such dispute directly with the individual you are in contract with.
General Rules of Conduct:
You acknowledge and agree that:
Cue Hosting provides certain hosted Services that may require the collection, use, and submission of personally identifiable information ("Your Data") from you and your customers. This applies to the use of these Services ("Covered Services"). For the purposes of this section, Your Data does not include User Content. Our Controller to Processor Data Processing Addendum ("DPA") is incorporated by reference and applies to Covered Services. It assures you that we have strong mechanisms in place to ensure the compliant processing and transfer of Your Data, including from the European Economic Area.
For the Controller to Processor DPA and the applicable Standard Contractual Clauses attached to it, you and your affiliates are considered the Data Controller/Data Exporter. By accepting the terms of service for Covered Services at the time of purchase, you also acknowledge and accept the DPA and its appendices, including the Standard Contractual Clauses and their appendices, if applicable. If you prefer a physical copy of the Controller to Processor DPA, please request it via email at [email protected].
Covered Services, as defined in this section and in the Controller to Processor DPA, include hosted services governed by the following Agreements: 1) Domain Registration Agreement, 2) Private Email Terms of Service, 3) Hosting Terms of Service, 4) PremiumDNS Terms of Service, 5) EasyWP Ghost Machine Terms of Service, 6) Whois Privacy Service Agreement, and 7) SSL Certificates Service Agreement.
This Site and the Services offered, including those hosted with Cue Hosting, provide features that allow Users to engage in various activities such as viewing, posting, publishing, sharing, storing, and managing content. This content can fall into two categories: User Submissions and User Content. User Submissions refer to ideas, opinions, recommendations, or advice shared by Users through forum posts, contest entries, product reviews, or social media event content. User Content includes literary, artistic, musical, or any other form of content, including photos and videos. By posting or publishing User Content on this Site or through the Services, you certify to Cue Hosting that you have the necessary rights to distribute the content and that it does not infringe upon any third-party rights. You are solely responsible for any User Content submitted through your Account and all the implications and obligations that come with distributing it.
It's important to understand that the submission of User Submissions is completely voluntary and does not establish a confidential relationship with Cue Hosting. Cue Hosting is not obligated to treat your User Submissions as confidential or secret. Additionally, Cue Hosting has no obligation, either expressed or implied, to develop or use your User Submissions, and there is no compensation due to you or anyone else for their intentional or unintentional use. It is possible that Cue Hosting may be working on similar content, may have prior knowledge of such content from other sources, or may choose to develop the same or similar content independently.
By posting User Submissions to this Site, Cue Hosting shall own exclusive rights, including intellectual property and other proprietary rights, to those submissions. As a result, Cue Hosting is entitled to unrestricted use and dissemination of any User Submissions posted on this Site, for any purpose, commercial or otherwise, without acknowledging or compensating you or any other party.
Regarding User Content other than User Submissions, by posting or publishing such content on this Site or through the Services, you grant Cue Hosting the authorization to use the intellectual property and other proprietary rights in your User Content. This enables Cue Hosting to include and use your User Content in accordance with the functionality and purpose of this Site and the services provided. You hereby grant Cue Hosting a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, create derivative works, combine with other works, display, and perform your User Content. This license extends to promoting and redistributing all or part of this Site through any media channels and formats, without any restrictions, payment, permission, or notification to you or any third party. Additionally, each User of this Site is granted a non-exclusive license to access and use your User Content, except for content you have designated as private or password protected, within the scope of this Site's functionality and under this Agreement. The licenses granted to Cue Hosting in your User Content are terminated within a commercially reasonable time after you remove or delete your User Content from this Site. However, Cue Hosting may retain server copies of your removed or deleted User Content for its own purposes, excluding distribution, display, or performance. The licenses granted to Cue Hosting in your User Content are perpetual and irrevocable. Notwithstanding anything contained herein, Cue Hosting will not use any User Content designated as private or password protected by you for the purpose of promoting this Site or Cue Hosting's business (or its affiliates'). If you have a website or other content hosted by Cue Hosting, you retain all ownership or licensed rights in your User Content.
Availability of Website & Services:We shall use commercially reasonable efforts to attempt to provide this site, the Services available to purchase on Our site and Our Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that Cue Hosting undertakes from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that Cue Hosting has no control over the availability of this Site or Services on a continuous or uninterrupted basis, and that Cue Hosting assumes no liability to You or any other party with regard to such, including but not limited to loss of revenue.
Beta Services:From time to time, Cue Hosting may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. Beta Services, unless otherwise exempted, are subject to the following:
If You elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that Your use of the Beta Services may expose You to unusual risks of operational failures; (iii) The Beta Services are provided as is, so Cue Hosting does not recommend using them in production or mission critical environments; (iv) Cue Hosting reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) Cue Hosting may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding Your experience with the Beta Services in a form reasonably requested by Cue Hosting, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use Your feedback for any purpose, including product development purposes. At Our request You will provide Us with comments that We may use publicly for press materials and marketing collateral. Any intellectual property inherent in Your feedback or arising from Your use of the Beta Services shall be owned exclusively by Cue Hosting; (viii) You acknowledge and agree that all information regarding Your use of the Beta Services, including Your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Cue Hosting; (ix) the Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, Cue Hosting disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Cue Hosting offers, as part of the Services available to You, products and/or services from third parties. These products and/or services are subject to the terms of this Agreement, including any additional policies and agreements required, and this Agreement controls as between You and Cue Hosting. Nothing contained in any agreement executed between You and a third party provider shall eliminate, reduce or add to the obligations of Cue Hosting as described herein.
All paid Services are non-refundable, unless otherwise specified.
Monitoring content; Account termination policy:Cue Hosting generally does not pre-screen User Content (whether posted to a website hosted by Cue Hosting or posted to this Site). However, Cue Hosting reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Cue Hosting may remove any item of User Content (whether posted to a website hosted by Cue Hosting or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Cue Hosting in its sole and absolute discretion), at any time and without prior notice.
Cue Hosting may also terminate a User’s access to this Site, the Services or the Account (at Cue Hosting’s sole discretion) without notice if: (i) Cue Hosting notices or is informed that Site or the Services are used in a manner that promotes, encourages or engages in child pornography, the exploitation of children or terrorism, or (ii) Cue Hosting has reason to believe the User is a repeat offender. If Cue Hosting terminates your access to this Site, Services or the Account, Cue Hosting may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers. Please note that using one Service for illegal activity mentioned herein does not limit Cue Hosting’s right to terminate User’s Account.
Discontinued services; End of Life policy:Cue Hosting reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although Cue Hosting makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by Cue Hosting, in any way, effective on the EOL date.
Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Cue Hosting will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by Cue Hosting in its sole and absolute discretion. Cue Hosting may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by Cue Hosting in its sole and absolute discretion, Cue Hosting will not be required to offer a comparable feature or functionality for the Service or a refund.
No Liability. Cue Hosting will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide or facilitate access to.
Additional reservation of rights:Cue Hosting expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Cue Hosting in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Cue Hosting in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of Cue Hosting, its officers, directors, employees and agents, as well as Cue Hosting's affiliates, including, but not limited to, instances where you have sued or threatened to sue Cue Hosting, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to Cue Hosting’s business, operations, reputation or shareholders.
Cue Hosting expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
Cue Hosting expressly reserves the right to terminate, without notice to you, any and all Services where, in Cue Hosting's sole discretion, you are harassing or threatening Cue Hosting and/or any of Cue Hosting's employees.
Cue Hosting Content. Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Cue Hosting Content”), are owned by or licensed to Cue Hosting in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Cue Hosting Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Cue Hosting. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Cue Hosting reserves all rights not expressly granted in and to the Cue Hosting Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
No Spam; Liquidated Damages:
Our company has a strict policy against spam. We closely monitor all incoming and outgoing traffic on our web servers to identify and address any spamming activities. We have a complaint center where reports of spam abuse can be registered, and we thoroughly investigate any customers who are suspected of using our products or services to send spam. If we confirm that spamming is taking place, we will take appropriate action to resolve the situation.
For the purposes of this policy, spam refers to the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimiles (Fax) without obtaining prior consent from the recipients. This includes various activities such as using our network to receive replies to unsolicited mass emails, engaging in spamming or mail bombing, inappropriate communication on newsgroups, mailing lists, chat facilities, or other internet forums, forging email headers or other identifying information, and using third-party proxies or mailing software for spamming. Additionally, configuring mail servers to accept and process third-party emails without user identification or authentication, engaging in spamvertising, and using various forms of communication for sending unsolicited bulk messages are also prohibited.
We do not tolerate any of the above activities using our servers and services. To use our products and services, you must comply with all relevant laws and regulations, including the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, as well as our no spam policy.
If we determine that our services are being used for spamming purposes, we reserve the right to redirect, suspend, or cancel any web hosting, domain registration, email boxes, or other related services for an appropriate period. The registrant or customer will be required to confirm via email that they will stop sending spam or having spam sent on their behalf. We may also require a non-refundable reactivation fee before restoring the site, email boxes, and services. If the abuse continues even after services are restored, we may terminate all services associated with the domain name without providing a refund.
We encourage all customers and recipients of emails from our products and services to report any suspected spam. Reports can be submitted via email or through our Spam Abuse Complaint Center on our website.
Trademark and/or copyright claims:
Cue Hosting is a service provider that highly values and respects the rights of others regarding copyrights and intellectual property. If Cue Hosting receives a proper notice of copyright infringement or violation of any other intellectual property rights, it retains the right to access, protect, and disclose any of your information or data relating to the written complaint. This includes personally identifiable information and private communications. Cue Hosting will exercise this right if it believes, at its own discretion, that such access, preservation, or disclosure is necessary or beneficial to address the complaint adequately.
Under appropriate circumstances, Cue Hosting explicitly reserves the right to terminate an account or revoke access rights for users who repeatedly infringe copyrights. Moreover, Cue Hosting retains the right to terminate an account or user for a single instance of infringement.
If you wish to raise a trademark claim for the violation of a mark you possess a valid, registered trademark or service mark for, or if you have a copyright claim for material of which you hold a legitimate copyright, please consult Cue Hosting's Copyright and Trademark Policies.
Links to Third-Party Websites Provided By Us:
This website and the services provided by Cue Hosting may contain links to third-party websites that we do not own or control. These links may include links to third-party provider services and products through the Cue Hosting App Marketplace. We are not responsible for the content, terms and conditions, privacy policies, or practices of any third-party websites. Additionally, we do not alter or censor the content of any third-party websites. By using our website or services, whether directly provided by us or by a third-party, you explicitly release Cue Hosting from any liability arising from your use of any third-party website or services offered by them. We encourage you to exercise caution when purchasing or using products/services from third-parties and to review the terms and conditions, privacy policies, and other governing documents of any other website you visit. In the relationship between you and Cue Hosting, this Agreement, along with our policies and additional terms, dictate our interaction with you.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES:
BY USING THIS SITE AND THE SERVICES PROVIDED HERE, YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." CUE HOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUE HOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, ANY LINKED SITES, OR THE SERVICES PROVIDED. CUE HOSTING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THESE.
FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT ANY AUTO-GENERATED OUTPUTS SUCH AS TEXT, LOGOS, NAMES, SLOGANS, ETC. HAVE NOT BEEN REVIEWED FOR ACCURACY OR INTELLECTUAL PROPERTY CLEARANCE. CUE HOSTING DOES NOT GUARANTEE THE ACCURACY OR RELIABILITY OF THESE OUTPUTS OR WHETHER THEY MAY INFRINGE ON THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. IT IS RECOMMENDED THAT YOU SEEK INDEPENDENT LEGAL ADVICE BEFORE RELYING ON ANY AUTO-GENERATED OUTPUT.
YOU ALSO ACKNOWLEDGE AND AGREE THAT ANY ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY CUE HOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS, INCLUDING CUSTOMER SERVICE REPRESENTATIVES, DOES NOT CONSTITUTE LEGAL OR FINANCIAL ADVICE AND DOES NOT CREATE ANY WARRANTIES REGARDING THIS SITE OR THE SERVICES PROVIDED. USERS SHOULD NOT RELY ON SUCH INFORMATION OR ADVICE.
THIS DISCLAIMER OF REPRESENTATIONS AND WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL REMAIN IN EFFECT EVEN AFTER THE TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES PROVIDED HERE.
LIMITATION OF LIABILITY:
CUE HOSTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM VARIOUS FACTORS INCLUDING THE ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE OR ANY LINKED SITES, PERSONAL INJURY, PROPERTY DAMAGE, THIRD-PARTY CONDUCT, UNAUTHORIZED ACCESS TO OUR SERVERS, VIRUSES OR OTHER HARMFUL CONTENT, DEFAMATORY OR OBJECTIONABLE USER-GENERATED CONTENT, LOSS OR DAMAGE RESULTING FROM THE USE OF THIS SITE OR ITS SERVICES, AND ANY AUTO-GENERATED OUTPUTS. ADDITIONALLY, CUE HOSTING'S TOTAL AGGREGATE LIABILITY IS CAPPED AT $10,000. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND REMAINS IN EFFECT EVEN AFTER TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE USE OF THIS SITE OR ITS SERVICES.
Accordingly, you, for yourself and all of your heirs, personal representatives, predecessors, successors, and assigns, hereby fully release, remise, and forever discharge Cue Hosting and all affiliates of Cue Hosting, and all officers, agents, employees, and representatives of Cue Hosting, and all of their heirs, personal representatives, predecessors, successors, and assigns, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages, and liabilities of every kind and character whatsoever, including, but not limited to, any action, omission, misrepresentation, or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and your acquisition and use thereof, including, but not limited to, the provision of Cue Hosting products and/or services by Cue Hosting and its agents and employees. Furthermore, you agree to defend, indemnify, and hold harmless Cue Hosting and any of its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from any loss, liability, damages, or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by Cue Hosting's AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including, without limitation, infringement or dilution by you or by another using the Services from your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data you supplied to Cue Hosting, including, without limitation, any misrepresentation in your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your Cue Hosting hosted website; or (vii) any negligence or willful misconduct by you or any allegation that your account infringes a third person's copyright, trademark, or proprietary or intellectual property right, or misappropriates a third person's trade secrets.
This indemnification is in addition to any indemnification required of you elsewhere. Should Cue Hosting be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, Cue Hosting may seek a written confirmation from you concerning your obligation to defend, indemnify, and hold harmless Cue Hosting. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such confirmation may be considered a breach of this agreement. You agree that Cue Hosting shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Cue Hosting promptly in writing of any such claim and to allow Cue Hosting to control the proceedings. You agree to cooperate fully with Cue Hosting during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.
Compliance with Local Laws:
Cue Hosting does not guarantee that the content available on this site or the services we offer are appropriate in every country or jurisdiction. Accessing this site or using our services from countries or jurisdictions where the content is illegal is strictly prohibited. Users who choose to access this site or use our services are solely responsible for complying with all local laws, rules, and regulations.
No Third Party Beneficiary Rights:
This Agreement and any accompanying supplements are not intended to and shall not be construed as granting any rights or interests to any third parties. The provisions of this Agreement are solely for the benefit of the parties involved and do not confer any third-party beneficiary rights.
Titles and Headings; Independent Covenants; Severability:
The titles and headings included in this Agreement are solely for the purpose of convenience and ease of reference, and should not be used to interpret or construe the agreement between the parties in any way that contradicts or modifies what is stated here. Each covenant and agreement within this Agreement should be considered as a separate and independent covenant or agreement for all intents and purposes. In the event that a court of competent jurisdiction deems any provision (or portion of a provision) in this Agreement to be illegal, invalid, or unenforceable, the remaining provisions (or portions of provisions) shall continue to be unaffected and deemed valid and enforceable to the maximum extent permitted by law.
If you have any questions about this Agreement, please feel free to reach out to us via email or regular mail at the following address: