Terms and Conditions

Last Updated: 4th June 2019

Hugoton Hosting, LLP. (“Hugoton Hosting,” “we” or “our”) provides URL shortening, link management, and analytics products and services to its users (collectively, the “Hugoton Hosting Services”). Please read these Terms of Service (the “Agreement”) carefully, as they govern your access to and use of the Hugoton Hosting URL Shortener and constitutes a binding legal agreement between you and Hugoton Hosting. If you accept this Agreement or use the Hugoton Hosting URL Shortener on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you”, “your” and “Customer” will refer and apply to that company or other legal entity. If you have been granted access to and use of the Hugoton Hosting URL Shortener by and on behalf of the primary account holder, whether directly or through an administrator, you also agree to abide by this Agreement. In addition to this Agreement, Customer’s use of the Hugoton Hosting URL Shortener is governed by the Hugoton Hosting URL Shortener Privacy Policy.

YOU ACKNOWLEDGE AND AGREE THAT, BY CREATING A HUGOTON HOSTING URL SHORTENER ACCOUNT, PURCHASING A PAID PLAN, OR ACCESSING OR USING THE HUGOTON HOSTING URL SHORTENER SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE HUGOTON HOSTING URL SHORTENER SERVICES.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER AS DESCRIBED IN THE ARBITRATION SECTION BELOW. YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

SCOPE & MODIFICATIONS
Modifications.
Hugoton Hosting reserves the right, in its sole discretion, to modify or replace this Agreement at any time. If we modify these Terms, we will post the modification on our site or provide you with notice of the modification on your Hugoton Hosting URL Shortener Dashboard page. By continuing to access or use the Hugoton Hosting URL Shortener after the effective date of the modification, you are indicating that you agree to be bound by the modified Agreement. Customer agrees that it is Customer’s responsibility to check this Agreement periodically for changes and that its use of the Hugoton Hosting URL Shortener following the posting of any changes to this Agreement constitutes acceptance of those changes. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Hugoton Hosting URL Shortener.
Scope & Current Offerings. As of the Effective Date, Hugoton Hosting offers certain Hugoton Hosting URL Shortener to Customer. Hugoton Hosting may add, remove, suspend, discontinue, modify or update the Hugoton Hosting URL Shortener Services at any time, at its discretion. After the effective date of such update, Hugoton Hosting shall bear no obligation to run, provide or support legacy versions of the Hugoton Hosting URL Shortener.

PAID ACCOUNTS
Fees. Hugoton Hosting offers fee-based Hugoton Hosting URL Shortener Services that provide additional features and functionality. Pricing and services for paid accounts are described on the plans page and may be updated from time to time. If you sign up for a paid account, you agree to pay Hugoton Hosting all applicable fees for the plan tier according to your selection. Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement.
Payment. Customer will pay Hugoton hosting invoices on the payment interval selected. If not otherwise specified, payments will be due immediately. Customer authorizes Hugoton Hosting URL Shortener to charge Customer for all applicable Fees using Customer’s selected payment method through Hugoton Hosting URL Shortener's online payments platform. Customer will provide complete and accurate billing and contact information to Hugoton Hosting. Hugoton Hosting may suspend or terminate the Services if Fees are past due. 
Taxes. Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (collectively, “Taxes”), and Customer is responsible for all Taxes resulting from this Agreement or Customer’s use of the Hugoton Hosting URL Shortener Services. Hugoton Hosting will invoice Customer for Taxes when required to do so by applicable law, and Customer agrees to provide payment under the terms of the invoice. In the event Customer is required by law to deduct and withhold any Taxes on amounts payable under this Agreement.
Downgrades. Hugoton Hosting reserves the right to downgrade, suspend or terminate Customer’s access to any or all Hugoton Hosting URL Shortener Services if Fees are past due.

LICENSE, METRICS, AND COMPLIANCE
License to Hugoton Hosting URL Shortener Services. Subject to the terms and conditions of this Agreement and payment of all Fees due hereunder, Hugoton Hosting grants Customer, and any other party agreed in an Order Form, a limited, revocable, non-exclusive, non-sublicensable, non-transferable right and license to use the Hugoton Hosting URL Shortener Services solely to shorten uniform resource locators (“URL”), receive certain Hugoton Hosting URL Shortener Link Metrics. As part of the provision of Hugoton Hosting URL Shortener Services, Hugoton Hosting collects and generates Link Metrics.
Access Credentials. Hugoton Hosting shall provide Customer with non-transferable access credentials for the Hugoton Hosting URL Shortener Services. Customer shall not (i) misrepresent or mask identities when using the Hugoton Hosting URL Shortener Services or seeking access credentials; (ii) select or use as a username or Branded Short Domain a name subject to any rights of a person or entity other than Customer without appropriate authorization; (iii) select or use, as Customer’s username or Branded Short Domain, a name that is otherwise offensive, vulgar or obscene; or (iv) exceed any access permitted by Hugoton Hosting. Customer shall safeguard all access credentials provided by Hugoton Hosting and shall ensure the confidentiality and security thereof. To the extent Customer is a corporate entity rather than an individual (1) only employees and contractors of Customer (“Personnel”) may use the Hugoton Hosting URL Shortener Services; (2) Customer shall require its Personnel to comply with all Laws and the use restrictions (including user seat restrictions) set out in the Agreement or otherwise prescribed by Hugoton Hosting and shall not share access credentials to exceed the user limitations of the service tier Customer has purchased; (3) Customer represents and warrants that its Personnel have the capacity and authority to enter into this Agreement; and (4) Customer acknowledges that it shall be fully responsible for any acts or omissions of its Personnel, whether authorized or unauthorized. Hugoton Hosting may update, refresh or change the manner of accessing the Hugoton Hosting URL Shortener Services in its discretion.
Compliance Monitoring. Hugoton Hosting may monitor Customer’s use of the Hugoton Hosting URL Shortener Services for compliance with the Agreement. If Hugoton Hosting observes the usage of the Hugoton Hosting URL Shortener Services that it believes are not in compliance with the Agreement, Hugoton Hosting will notify the Customer and give the Customer five (5) business days to remedy its non-compliance. If Customer does not remedy its noncompliance within five (5) business days, Hugoton Hosting reserves the right to suspend or terminate Customer’s use of the Hugoton Hosting URL Shortener Services. Hugoton Hosting reserves the right to suspend Customer’s use of the Hugoton Hosting URL Shortener Services without notice in the event that it believes, in good faith, the security of Customer’s Hugoton Hosting account has been compromised, or the Customer’s Hugoton Hosting URL Shortener account is being used for an unlawful purpose. And may suspend or terminate Customer’s access to the Services without notice for violation of the Agreement.

INTELLECTUAL PROPERTY & LICENSE RESTRICTIONS
Ownership. Except for any Customer Content or Customer Services, Customer acknowledges and agrees that Hugoton Hosting is the sole and exclusive owner of all right, title and interest in and to the Hugoton Hosting URL Shortener Services and Hugoton Hosting URL Shortener Link Metrics and all related documentation, source code, tools, scripts, processes, techniques, methodologies, inventions, know-how, concepts, formatting, arrangements, visual attributes, ideas, database rights, copyrights, patents, trade secrets, and other intellectual property, and all derivatives, enhancements, modifications and improvements thereof (“Hugoton Hosting Materials”). Nothing in this Agreement or any other document shall be deemed to transfer ownership of the Hugoton Hosting Materials. Except for the limited license rights expressly granted herein, no rights to Hugoton Hosting Materials are granted hereunder and all rights in such Hugoton Hosting Materials are reserved.
Feedback. Customer is not required to provide any suggestions, enhancement requests, recommendations or other feedback regarding the Hugoton Hosting URL Shortener Services or Hugoton Hosting URL Shortener Link Metrics (“Feedback”). However, if Customer does so, all right, title and interest in and to such Feedback shall be assigned to and shall become the sole and exclusive property of, Hugoton Hosting upon its creation.
License Restrictions. Customer shall not share access credentials to exceed the user limitations of the service tier Customer has purchased. Customer and its Personnel shall not, and shall not permit any third party to: (i) access the Services or export data from the Services to create a service, software, documentation or data for a URL shortening service other than Hugoton Hosting URL Shortener or create shortened links or a service that is competitive with, substantially similar or confusingly similar to any aspect of the Hugoton Hosting URL Shortener Services or Hugoton Hosting URL Shortener Link Metrics; (ii) use, modify, display, perform, copy, disclose or create derivative works of the Hugoton Hosting URL Shortener Services except as expressly permitted herein; (iii) reverse engineer, decompile, disassemble, mimic, screen-scrape, frame or mirror the Hugoton Hosting URL Shortener Services or BiHugoton Hosting URL Shortenerly Link Metrics, or use any other means to attempt to discover their source code except as expressly permitted herein; (iv) benchmark, encumber, distribute, sublicense, assign, share, sell, rent, lease, pledge or otherwise transfer the Hugoton Hosting URL Shortener Services or Hugoton Hosting URL Shortener Link Metrics to any third party; (v) transmit harmful, disabling or malicious code or devices, or infringing, defamatory, unlawful, tortious, deceptive, misleading, fraudulent, abusive, indecent or otherwise offensive content, or content that contains someone’s personal information or violates a third party’s intellectual property, privacy or publicity rights (“Prohibited Content”) through the Hugoton Hosting URL Shortener Services; (vi) access via automated or unauthorized means, interfere with, disrupt or attempt to monitor, override access or circumvent security measures for, the Hugoton Hosting URL Shortener Services or Hugoton Hosting URL Shortener Link Metrics or related systems, including via robots, spiders and other electronic methods; and (vii) obscure, remove or alter any proprietary rights or other notices on the Hugoton Hosting URL Shortener Services or Hugoton Hosting URL Shortener Link Metrics. Notwithstanding anything to the contrary herein, Hugoton Hosting may, in its sole discretion, immediately revoke the grant of rights set forth in Section 3 if Customer breaches or threatens to breach the restrictions in this Section or creates other security or legal concerns. Customer hereby agrees that Hugoton Hosting will be entitled, in addition to any other remedies available to it at law or in equity, to injunctive relief to prevent the breach or threatened breach of Customer’s obligations under this Section, without any requirement to demonstrate irreparable harm or post a bond.
Technical Restrictions. Customer shall not exceed the number and/or frequency of API calls, concurrent URL shortens or other access to or use of Hugoton Hosting URL Shortener Services in the relevant documentation or as otherwise provided by Hugoton Hosting in an Order Form. If Hugoton Hosting believes that Customer has attempted to exceed or circumvent these limitations, Hugoton Hosting may suspend or block Customer’s access to the Hugoton Hosting URL Shortener Services. Hugoton Hosting may monitor Customer’s use of the Hugoton Hosting URL Shortener Services, including to ensure Customer’s compliance with this Agreement.

CUSTOMER SERVICES, CONTENT, AND INFORMATION
Customer Content. Customer hereby grants to Hugoton Hosting an irrevocable, perpetual, non-exclusive, sublicensable, transferable, royalty-free, worldwide license, to use, copy, import, display, reproduce, perform, distribute, create derivative works, alter or modify all URLs and other information provided by Customer to Hugoton Hosting (“Customer Content”) in connection with the provision, operation and promotion of the Hugoton Hosting URL Shortener Services, creation of Hugoton Hosting URL Shortener Link Metrics and for other business purposes. Hugoton Hosting's collection, use and sharing of personal information Hugoton Hosting receives from Customer or third parties (including social media networks) is described Hugoton Hosting’s Privacy Policy. As stated in our Privacy Policy, where permitted by law, if you register a Hugoton Hosting URL Shortener Account with an email address on a domain owned by an organization, such as your employer, we may share your email address and information about your Account with our sales team and the business to explore the business’ interest in creating or managing an enterprise account or for related purposes.

REPRESENTATIONS AND WARRANTIES
Customer Content Warranties. Customer represents and warrants that Customer Content and all information on which the Hugoton Hosting URL Shortener Link Metrics are based, and the receipt, collection, use and provision thereof, shall not infringe or violate any third party rights, including without limitation any intellectual property, privacy and publicity rights; (ii) the Customer Content, and any information on which the Hugoton Hosting URL Shortener Link Metrics are based, was received, collected, used and provided to Hugoton Hosting in compliance with all applicable laws, rules and regulations and self-regulatory guidelines and requirements, including without limitation laws on privacy and data security, unsolicited messaging, unfair or deceptive practices, or United States trade or export restrictions (“Laws”); (iii) it has obtained all necessary consents, approvals or other authorizations or permissions for, and has complied with its posted privacy policies and all third-party terms and conditions or privacy policies in connection with, its receipt, use and/or provision of the Customer Content and all information on which the Hugoton Hosting URL Shortener Link Metrics are based; and (v) that none of the Customer Content or information or data on which the Hugoton Hosting URL Shortener Link Metrics are based contains any personally identifiable information or persistent identifiers from individuals under the age of 13.

HUGOTON HOSTING URL SHORTENER DISCLAIMERS. HUGOTON HOSTING URL SHORTENER SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. HUGOTON HOSTING DOES NOT WARRANT THAT: (I) THE HUGOTON HOSTING URL SHORTENER SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) SHORTENED URLS, THE HUGOTON HOSTING URL SHORTENER SERVICES AND HUGOTON HOSTING URL SHORTENER LINK METRICS WILL BE ACCURATE, ERROR-FREE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE HUGOTON HOSTING URL SHORTENER SERVICES ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE RESULTS OF USING THE HUGOTON HOSTING URL SHORTENER SERVICES OR HUGOTON HOSTING URL SHORTENER LINK METRICS WILL MEET CUSTOMER’S REQUIREMENTS OR ANY OF ITS OR ITS USERS’, PERSONNEL’S OR CUSTOMERS’ BUSINESS NEEDS; OR (V) THE HUGOTON HOSTING URL SHORTENER SERVICES WILL BE UNINTERRUPTED OR THAT ANY INTERRUPTION WILL BE CORRECTED IN A TIMELY MANNER. CUSTOMERS USE OF THE HUGOTON HOSTING URL SHORTENER SERVICES AND HUGOTON HOSTING URL SHORTENER LINK METRICS IS SOLELY AT ITS OWN RISK. FURTHER, HUGOTON HOSTING MAKES NO REPRESENTATIONS OR WARRANTIES AND SHALL ASSUME NO LIABILITY AMOUNTS OR INDEMNITY OBLIGATIONS WITH RESPECT TO ENSURING THAT CUSTOMER’S USE OF THE HUGOTON HOSTING URL SHORTENER SERVICES AND BITHUGOTON HOSTING URL SHORTENERY LINK METRICS COMPLY WITH ANY LAWS OR REGULATIONS OUTSIDE THE UNITED STATES AND CUSTOMER SHALL BE SOLELY LIABLE FOR SUCH COMPLIANCE. HUGOTON HOSTING SHALL BEAR NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES (E.G., OPEN SOURCE SOFTWARE, SOCIAL MEDIA PLATFORMS, THIRD PARTY MATERIALS OR FOR HOST OR APP STORE PROVIDERS). CUSTOMER RECOGNIZES THAT THE FIGURES CONTAINED IN THE HUGOTON HOSTING URL SHORTENER LINK METRICS PRODUCED HEREUNDER ARE ESTIMATES AND MAY BE SUBJECT TO STATISTICAL ERROR. HUGOTON HOSTING DOES NOT WARRANT THAT THE HUGOTON HOSTING URL SHORTENER LINK METRICS WILL BE COMPLETELY CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE. HUGOTON HOSTING HEREBY DISCLAIMS ANY LIABILITY FOR ANY USE OR RELIANCE ON THE HUGOTON HOSTING URL SHORTENER LINK METRICS BY CUSTOMER AND THIRD PARTIES.

INDEMNIFICATION AND RESPONSIBILITY

Customer Indemnification. Customer will defend, indemnify and hold harmless Hugoton Hosting, its subsidiaries, affiliates and their employees, officers, directors, representatives, contractors, customers, business partners, successors and assigns (“Hugoton Hosting Indemnitees”) from and against any third party claims and actions, and resulting damages, liabilities and costs (including reasonable attorneys’ fees and expenses) incurred by Hugoton Hosting Indemnitees arising out of or directly or indirectly related to (a) the Customer Content, Customer Services or any other Customer products and services; (b) Customer’s acts and omissions hereunder, breach of this Agreement, or violation of Laws; and/or (c) any allegation of intellectual property, privacy or publicity infringement concerning Customer Content or Customer Services. Hugoton Hosting shall promptly notify Customer of any claim for which it seeks indemnification; provided, however, that any delay in providing notification shall not vitiate Customer’s indemnification obligations unless Customer is materially prejudiced thereby. Customer shall have sole control over the defense of any claim under this Section, except that Hugoton Hosting may approve any counsel used by Customer and that Hugoton Hosting may participate in the defense, at Customer’s cost. All settlements of indemnification claims require the consent of Hugoton Hosting.


LIMITATION OF LIABILITY
LIABILITY LIMITATION. IN NO EVENT SHALL HUGOTON HOSTING  BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE HUGOTON HOSTING URL SHORTENER SERVICES, HUGOTON HOSTING URL SHORTENER LINK METRICS OR OTHERWISE HEREUNDER FOR ANY CLAIM RELATED TO (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING); (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (III) ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE HUGOTON HOSTING URL SHORTENER SERVICES; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CUSTOMER CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH CUSTOMER’S USE OF THE HUGOTON HOSTING URL SHORTENER SERVICES; (V) CUSTOMER’S FAILURE TO PROVIDE HUGOTON HOSTING WITH ACCURATE ACCOUNT OR OTHER INFORMATION; (VI) ANY LIABILITY RESULTING FROM CUSTOMER’S FAILURE TO KEEP ITS PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (VII) CUSTOMER’S FAILURE TO ACCESS THE HUGOTON HOSTING URL SHORTENER SERVICES DUE TO MALFUNCTION(S) IN EQUIPMENT, INFRASTRUCTURE, SYSTEM, OR THE NETWORK USED BY CUSTOMER; OR (VIII) AMOUNTS FOR ALL CLAIMS HEREUNDER IN THE AGGREGATE IN EXCESS OF $100.00.


TERM AND TERMINATION
Agreement Term. This Agreement shall commence on the date the Customer accepts this Agreement by creating an account or purchasing a paid service tier (“Effective Date”) and remain in effect for the duration of the term selected by Customer unless otherwise terminated as permitted herein (“Initial Term”). 
Right to Terminate. Hugoton Hosting may terminate this Agreement immediately in its discretion. Upon expiration or termination of this Agreement, all applicable rights and access granted to Customer shall automatically terminate and Customer and its Personnel shall cease any further use of the Hugoton Hosting URL Shortener Services and return, or, if directed by Hugoton Hosting, destroy, all Confidential Information of Hugoton Hosting. Any Section of this Agreement which by its nature would survive such expiration or termination shall so survive.


GOVERNING LAW & DISPUTES
Class Action Waiver. YOU AND HUGOTON HOSTING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
If Hugoton Hosting changes any of the terms of this “Dispute Resolution” Section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Hugoton Hosting’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Hugoton Hosting in accordance with the terms of this “Dispute Resolution” section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Severability. With the exception of any of the provisions in Section 20(e) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms of Service is invalid or unenforceable, the other parts of these Terms of Service will still apply.


MISCELLANEOUS
Relationship of the Parties. The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
Entire Agreement and Severability. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between the parties with respect thereto, including any non-disclosure agreements signed by the parties. Except as may be modified in writing by the parties, no additional or conflicting terms set out on Customer order, invoice, statement or other documents, or contained in any “shrinkwrap” or “clickwrap” agreements, are binding. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
Force Majeure. Except for any Fees due hereunder, neither party shall not be liable for any delay in performing or failure to perform its obligations hereunder where such delay or failure results from any cause beyond its reasonable control, including, without limitation, cyber-attacks, mechanical, electronic or communications failures, acts of God, terrorism, war, natural disasters, failure of any telecommunications or transportation or of any third party provider or supplier (e.g., host or app store providers) or labor disputes.
Assignment. Except to an affiliate or in the event of a merger, acquisition or other change of control, neither party may assign this Agreement without the prior written permission of the other party, and any attempt to do so is void. This Agreement shall be binding on any permitted successors and assigns.
Notices. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing to the addresses listed above and will be deemed to have been duly given when received, if personally delivered; when sent, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Headings Interpretation. The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation. Any use of “including” “for example” or “such as” in this Agreement shall be read as being followed by “without limitation.”
Export. The parties shall comply with all applicable export and import control laws and regulations, and, in particular, shall not export or re-export the Hugoton Hosting URL Shortener Services without all required United States and foreign government licenses.
Government Use. The Hugoton Hosting URL Shortener Services are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Any access to or use of the Hugoton Hosting URL Shortener Services by any government entity is prohibited, except as expressly permitted by the terms of this Agreement. Additionally, any use by U.S. government entities must be in accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4. If Customer uses the Hugoton Hosting URL Shortener Services in its official capacity as an employee or representative of a U.S., state or local government entity and is legally unable to accept the indemnity, jurisdiction, venue or other clauses herein, then those clauses do not apply to such entity, but only to the extent as required by applicable law.
General. The failure of Hugoton Hosting to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Hugoton Hosting. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Publicity. Customer grants Hugoton Hosting the right to use Customer’s logos or trademarks in marketing or publicity materials and on its website to identify Customer as a customer that uses the Hugoton Hosting URL Shortener Services.
Contacting Hugoton Hosting. If you have any questions about these Terms, please contact us at [email protected]