The use of services provided by SugboTek Inc.(hereafter referred to as "SugboTek") is subject to the following Terms and Conditions.
Party Definitions and Introductory Terms - The operative parties referred to in this Agreement are defined as follows:
1. SugboTek is the publisher and operator of https://Guardian4Emergency.com (the "Site") whereby SugboTek makes certain web hosting services (the "Services") available. For purposes of this Agreement, when "Site" or "Services" are referenced, such reference includes all hardware, software, and network resources necessary to provide said Site and/or Service.
When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to SugboTek. Additionally, when the terms "the Site" or "Site" are used, these terms refer to any site published by Us, unless a site is specifically exempt from this policy.
2. You, the Client - As Our Client and the user of the Site or Services, this Agreement will refer to You through any second-person pronouns, such as "Your," "Yours," etc.
PLEASE READ THE FOLLOWING HOSTING SERVICES TERMS AND CONDITIONS. BY SUBSCRIBING TO SUGBOTEK SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (the "AGREEMENT"). IF YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK "I ACCEPT," (OR SIMILAR SYNTAX) OR CHECK THE APPROPRIATE BOX MANIFESTING YOUR INTENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND CONTINUE WITH THE ACCOUNT SET-UP PROCESS. YOU SHOULD PRINT-OUT OR OTHERWISE SAVE A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "BACK" BUTTON ON YOUR BROWSER AND DO NOT SUBSCRIBE TO SUGBOTEK SERVICES. SUGBOTEK AGREES TO PROVIDE SERVICES TO YOU ONLY IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT IS PERMITTED BY REPUBLIC ACT NO. 8792 AND OTHER SIMILAR LAWS IN THE PHILIPPINES. ANY USE OF SUGBOTEK SERVICES SHALL CONSTITUTE AN ACT OF ACCEPTANCE OF THE CURRENT HOSTING SERVICES TERMS AND CONDITIONS.
Incorporations by reference.
Although this Agreement represents the primary terms and conditions of service for SugboTek Services, additional guidelines and rules are hereby incorporated by reference. The documents which can be found on Our Site, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following:
Our Acceptable Use Policy (https://guardian4emergency.com/legal/use_policy/)
More simply put:
In order to provide you with an awesome service, we need you to agree to the rules in this document.
1.1 At the time of initial registration, You will select from the list of available Services the service plan(s) to which You wish to subscribe. All subscriptions to Services are subject to formal acceptance by SugboTek. Your subscription to the Services will be deemed accepted by SugboTek when SugboTek delivers a confirmation of the subscription to You. SugboTek reserves the right to refuse to provide You with any Service for any reason. Notwithstanding Our Uptime Guarantee found in Section 17 of this Agreement, SugboTek also reserves the right to interrupt access to the Services to perform regular and emergency maintenance as needed. You may order additional Services at any time, provided that You agree to pay the then-current fees for such additional Services. All additional Services shall be considered "Services" hereunder. All Services provided are subject to availability and to all of the terms and conditions of this Agreement.
More simply put:
We'll notify you right away once your services have been activated!
Unfortunately, we sometimes have to deny our services or interrupt them for maintenance.
2. REVISIONS TO USER AGREEMENT
This Agreement contains the complete and entire terms and conditions that apply to Your use of SugboTek Services (as defined below). SugboTek may modify the terms of this Agreement, including the Fees (as defined below) at any time.
2.1 From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.
2.2 We agree that if We change anything in this Agreement, We will change the "last modified date" at the top of this Agreement. You agree to periodically re-visit this web page, and to use the "refresh" button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the "last modified" date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the "last modified" date has changed, then You can be certain that something in the Agreement has been changed.
2.3 Should You wish to terminate this Agreement due to any revisions made by Us, You must do so in writing via the cancellation form within thirty (30) days of the "last modified" date described above. Your continued use of the Services after the effective date of any such notice constitutes Your acceptance of such changes.
2.4 Waiver – if You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for such omission and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
More simply put:
Every so often, we have to update this agreement. Check the date at the top to see the last time it was revised.
Simply continue to use our services to show us that you accept the changes.
3. DURATION OF AGREEMENT AND CANCELLATION POLICY
3.1 The Initial Term shall begin upon confirmation of Your order or commencement of the Services to You and receipt of lawful funds. The term's length is chosen by You and shall be indicated when You order Our Services. This Agreement may not be terminated by You during the Initial Term (and any renewals thereof) except in the event of a breach by SugboTek. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein.
3.2 SugboTek may also terminate this Agreement in its sole discretion at any time for any reason or no reason. ("Termination without Cause"). In such case, SugboTek will provide You with thirty (30) days written notice before the discontinuation of Services.
3.3 If SugboTek cancels this Agreement pursuant to any of the terms outlined in this Agreement, with the exception of Termination without Cause pursuant to paragraph 3.2, SugboTek shall not refund to You any fees paid or prepaid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that SugboTek terminates the Agreement for cause, all prepaid hosting fees will be forfeited and are not refundable. The termination of this Agreement does not relieve You of Your obligation to pay any Fees accrued or payable to SugboTek.Com prior to the effective date of termination of this Agreement.
3.4 In addition to SugboTek right to terminate this Agreement provided elsewhere in this Agreement, SugboTek may terminate this Agreement effective immediately if, based on SugboTek sole judgment, it determines that You or any of Your end-users: (a) have breached the Acceptable Use Policy ("AUP") as described in Section 12 of this Agreement, and incorporated herein, (b) have infringed or violated any intellectual property right or privacy or publicity right of a third party, (c) have not complied with any applicable law, statute or regulation, or (d) have uploaded, published or disseminated any images, text, graphics, code or video which SugboTek considers illegal or high risk, in its discretion. Nothing contained in this Agreement is intended to, or shall, impose any duty or obligation upon SugboTek to monitor or review Your Content or the content of Your end-users at any time. You remain solely responsible for Your Content, and any liability generated therefrom.
3.5 The termination of this Agreement will terminate Your access to the Services and Your license to the Host Materials (as defined in Section 5.2 of this Agreement). SugboTek shall not be liable to You or to any third party for termination of the Services permitted under this agreement. Upon termination of this Agreement, SugboTek reserves the right to maintain copies of Your data files and records for archival purposes, but does not undertake any obligation to do so. SugboTek reserves the right to impose an early termination charge for all Services terminated prior to the last day of the billing cycle.
3.6 If either party cancels or terminates this Agreement for any reason, You shall be solely responsible for making all necessary arrangements for securing a replacement host and moving all electronic data, graphics, images, video or text to the new service provider. Upon termination of this Agreement, provisions that by their nature would be expected to survive termination shall survive and remain in full force and effect in accordance with their terms.
More simply put:
We require that you keep your services running until after the initial term. SugboTek reserves the right to cancel your services anytime, but we really don't want to!
Liabilities resulting from your content is your responsibility. If we have to cancel this agreement, it is up to you to move your content to another provider.
4. ACCOUNT SET UP
4.1 When You register for the Services, You will choose a login (email) and password. You may use the Services or modify Your data and content only through such user ID and password. You are entirely responsible for maintaining the confidentiality of Your user ID and password and for any and all activities which occur using those credentials. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security known to You.
4.2 You must provide Us with a primary email address that is checked regularly and frequently. All notices and communications between Us will be sent to the email address You provide, and You are therefore required to keep this address current or notify Us if Your address changes. You should notify Us if any of Your contact and/or billing information changes so that We may update Your account. It is also Your responsibility to make sure that Our domain(s), guardian4emergency.com, sugbotek.com are not included in any spam block list used by You or Your mail provider.
4.3 Providing false or inaccurate contact information of any kind may result in the Termination for Cause of Your account per Section 3 of this Agreement.
4.4 You are responsible for all activity transpiring under Your account. We therefore highly recommend that You secure file, directory, and script permissions to the most restrictive settings possible. You agree that You have the technical ability to properly operate a web site and that You are responsible for any actions performed under Your account, including but not limited to, damage caused to Your site, SugboTek site and/or equipment, and any other site.
More simply put:
Keep your login credentials secure!
Please be sure to keep your email address updated too. We do most of our correspondence over email.
Also, be careful when giving out your account information. Any activity on your account is your responsibility.
5. INTELLECTUAL PROPERTY RIGHTS
All Services provided by SugboTek may only be used for lawful purposes.
5.1 As between You and SugboTek, SugboTek acknowledges that it claims no proprietary rights in or to the content (including without limitation, text, software, music, sound, audio visual works, motion pictures, photographs, animation, video and graphics) supplied by You for use on Your web site ("ccc.Guardian4emergemcy.com/LGUName"). You hereby grant to SugboTek a non-exclusive, worldwide and royalty-free license to copy, make derivative works, display, perform, use, broadcast and transmit on and via the Internet Your Content, solely for the benefit of You and to enable SugboTek to perform its obligations hereunder.
5.2 In connection with performance of the Services and at the sole discretion of SugboTek, SugboTek may (but is not obligated to) provide You with certain materials, including, without limitation, computer software (in object code or source code form), data, documentation or information developed or provided by SugboTek or its suppliers under this Agreement, domain names, electronic mail addresses and other network addresses assigned to You, and other know-how, methodologies, equipment, and processes used by SugboTek to provide You with the Services ("Host Materials"). Subject to the terms and conditions of this Agreement, SugboTek hereby grants You a limited, revocable, non-transferable, non-exclusive license to use the Host Materials solely in connection with the Services. This license terminates when this Agreement terminates. As between You and SugboTek, You acknowledge and agree that SugboTek owns all right, title, and interest or otherwise has acquired all applicable licenses for the Host Materials, and all copyright, trade secret, patent, trademark and other intellectual property rights therein. Any use of the Host Materials after termination of this Agreement is not licensed and strictly prohibited. You agree that You will not upload, transmit, reproduce, distribute or in any way exploit any Host Materials obtained through the Services without first obtaining the express written permission to do so from SugboTek.
5.3 This Agreement does not constitute a license to use SugboTek trade names, service marks or any other trade insignia. Any use of any of SugboTek trade names, service marks or any other trade insignia is strictly prohibited, absent SugboTek prior written consent.
5.4 If We are required to enlist the assistance of an Attorney or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of an Attorney to pursue injunctive relief against You, or if We are required to file an ICANN complaint against You in order to bring about the transfer of an offending URL to Us from You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages, or in order to seek injunctive relief from You, or in order to file and prosecute an ICANN complaint.
5.5 You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.
More simply put:
All of your content belongs to you - not SugboTek! You are simply granting SugboTek permission to link your content to the internet.
If we end up providing you with any additional software, the terms of this agreement apply to it.
We hope that you love the SugboTek service, but there are some legal boundaries when it comes to using our names and trademark. Reach out to us before doing so.
Misuse of our service can be costly to us. If misuse ends in damages, you may have to reimburse our legal fees.
LAST MODIFIED JAN. 18, 2018
CHILDRENS ONLINE PRIVACY PROTECTION ACT Compliance and Non-Applicability Statement.
II. Revisions to this Policy
We reserve the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. You should periodically check for any modifications of this Policy by re-visiting this web page and using the “refresh” button on your browser. You should note the date of last revision to this Policy, which appears at the top of this Policy. If the “last modified” date remains unchanged after you have clicked the “refresh” button on your browser, you may presume that no changes have been made since the last reading of the policy. A changed “last modified” dates indicates that this Policy has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
III. Personal information that we collect
Visitors to our site and services will have multiple manners of interactivity with us. Depending upon your level of interaction, we will collect different information about you. The type of information collected is as follows:
IV. How we collect information from you
V. How we use your information
It is our policy not to use or share the personal information about Visitors or Members in ways unrelated to those described in this Policy without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, we may disclose personal information about Visitors or Members, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including:
VI. Transmittals from Us
We may send you periodic announcements including the details of our existing and new programs. You may opt out of these announcements by contacting firstname.lastname@example.org or by clicking the opt-out link at the bottom of these emails. If you opt out of these marketing emails, you may still receive system notices and other information that is specifically related to your account. If you provide your information to us, use the Site, or subscribe to any of our services, you will have created a commercial relationship with us. In having done so, you understand that even unsolicited commercial email sent from us or our affiliates is not SPAM as that term is defined under the law.
VII. Public Forums, Member Directories, and Internal Messaging:
XIII. Our Commitment to Data Security.
We take measures, including data encryption, to protect the transmission of all sensitive end-user information. We make every effort to ensure the integrity and security of our network and systems. Nevertheless, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information. We take all reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals we are unable to guarantee that our security is 100% breach-proof. You assume the risk of such breaches to the extent that they occur despite our reasonable security measures.
IX. How to Access or Modify Your Information.
We offer our Members the opportunity to access or modify information provided during registration. To access or modify such information, contact our Customer Service Department at https://guardian4emeregency.com/contact/
LAST MODIFIED JAN. 18, 2018
The following is guardian4Emergency.com’s Acceptable Use Policy ('AUP'). By using guardian4Emergency.com’s Posting services ('Services'), you agree to comply with this AUP. You also agree to require your end users to comply with this AUP. Guardian4Emergency.com reserves the right to amend this AUP at any time, with or without notice to you. Guardian4Emergency.com’s agrees to post any changes to this AUP on the Guardian4Emergency.com ‘s Homepage (located at: https://Guardian4Emergency.com and you agree to periodically review this AUP as modified from time to time. You agree to be bound to this AUP, as modified from time to time, every time you use or access the Services.
Pursuant to your Posting Services Agreement, Guardian4Emergency.com may, at its sole discretion, immediately terminate your access to the Services if your conduct violates (or appears to violate) the AUP. In addition, Guardian4Emergency.com may, at its sole discretion, immediately terminate your access to the Services, if any of your end users violate the AUP.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services (nor will you permit an end user to use the Services) for any purpose that is unlawful or otherwise prohibited by this AUP. You may not use the Services (nor will you permit an end user to use the Services) in any manner that could damage, disable, overburden, or otherwise impair any of the Services offered by Guardian4Emergency.com, or any services offered by a third party, or interfere with any other party's use and enjoyment of any of our Services. You may not (nor will you permit your end users to) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
USE OF SERVICES
The Services are designed to enable you and your end users to communicate with others via the Internet. You agree to use the Services (and to require your users to use the Services) only to post, send and receive messages and material that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when you (or your end users are) using a Service, you (and your end users) will not:
Guardian4Emergency.com reserves the right at all times to disclose any information as Guardian4Emergency.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Guardian4Emergency.com's sole discretion.
Guardian4Emergency.com does not control or endorse the content, messages or information found in any Service and, therefore, Guardian4Emergency.com specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service.
In the event any instance uses excessive CPU from activities such as cryptocurrency CPU mining, Guardian4Emergency.com reserves the right to limit the CPU available to your instances in order to maintain a consistent level of performance on all our nodes.
Guardian4Emergency.com has no obligation to monitor the Services. However, Guardian4Emergency.com reserves the right to review materials posted to a Service and to remove any materials in its sole discretion. Guardian4Emergency.com reserves the right, in its sole discretion, to terminate your access to any or all Services and the related services or any portion thereof at any time, with or without notice, for violating this AUP. Your rights and obligations upon termination of any Service are governed by the Posting Terms of Service. Upon termination of the Service, your right to use the Service immediately ceases. Guardian4Emergency.com shall have no obligation to maintain any content termination of the Services.
NO SPAM; DAMAGES
Guardian4Emergency.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
NOTICE OF CLAIMED INFRINGEMENT
Guardian4Emergency.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Guardian4Emergency.com's Copyright Agent the following information:
NOTICE AND TAKE DOWN PROCEDURES
Guardian4Emergency.com reserves the right at any time to implement a 'notice and takedown' procedure upon receipt of any notification of claimed infringement. Guardian4Emergency.com reserves the right at any time to disable access to, or remove any material or activity accessible on or from any site or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.