This Blog Services Agreement ("Agreement") is by and between Backend Services Provider ("Backend Services Provider") and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Backend Services Provider's online weblog ("Blog") services and represents the entire agreement between You and Backend Services Provider. By using Backend Services Provider's Blog Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Backend Services Provider may establish from time to time. Such Agreements may be found here.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as on your behalf, and transactions entered into by anyone who uses the account you've established with Backend Services Provider, whether or not the transactions were on your behalf.
Services. Backend Services Provider grants You a revocable, non-exclusive license to use the Services (as defined below), provided, however, that You abide by the terms and conditions set forth herein and in each of Backend Services Provider`s policies and procedures.
The Blog Services include:
- Creating a Blog at the URL you designate; and
- Allowing (at your discretion) third party posts and comments to be added and edited.
Availability of Services. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Backend Services Provider may undertake from time to time; or (iii) causes beyond the reasonable control of Backend Services Provider or that are not reasonably foreseeable by Backend Services Provider, including, without limitation, interruption or failure of telecommunication systems, network attacks, network congestion or other system failures. You acknowledge and agree that Backend Services Provider has no control over the availability of the Services on a continuous or uninterrupted basis.
Disclaimers. The Services are provided "as is" without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Backend Services Provider does not warrant the Services do not infringe on the intellectual property of any third party.
IN NO EVENT SHALL BACKEND SERVICES PROVIDER BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY BLOG SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.
THE SERVICES ARE PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
Indemnification. You agree to indemnify Backend Services Provider, its officers, contractors, agents, shareholders, directors, employees and affiliates from any loss, liability, damages or expense, including reasonable attorneys fees, resulting from any third party claim, action, proceeding, or demand related to Your use of the Blog Services, your breach of any representation or warranty in this agreement or any other agreement between You and Backend Services Provider. This indemnification is in addition to any indemnification required of You elsewhere in the Legal Terms.
Backend Services Provider's Rights. Backend Services Provider's explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Backend Services Provider; (ii) review Your use of the Services for excessive space and bandwidth utilization and to terminate Your use of the Services or apply additional fees if You exceed allowed levels; (iii) establish limits and guidelines concerning the use of the Services; (iv) terminate Your use of the Services for: a) non-payment of fees for any services provided to You by Backend Services Provider, b) activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, c) activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, d) activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically offensive or otherwise objectionable in the sole opinion of Backend Services Provider , e) activities designed to impersonate the identity of a third party, or f) activities designed to harm minors in any way, and other activities whether lawful or unlawful that Backend Services Provider determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (v) terminate Your use of the Services if Your use of the Services results in, or is the subject of, legal action or threatened or proposed legal action, against Backend Services Provider or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit, and (vi) terminate Your use of the Services if You have not accessed or logged into it for more than ninety (90) days. If Backend Services Provider terminates Your use of the Services, Backend Services Provider may, at its own option and in its sole discretion, remove and destroy data and files stored by You on its servers. Backend Services Provider has no obligation to monitor Your use of the Services, but reserves the right in its sole discretion to do so.