1. Introduction
1.1 Welcome to LegionNode Solutions. LegionNode Solutions provides a variety of web hosting services.
1.2 These terms and conditions shall govern your use of LegionNode Solutions.
1.3 By using LegionNode Solutions, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use LegionNode Solutions.
1.4 If you register with LegionNode Solutions, submit any material to LegionNode Solutions or use any of LegionNode Solutions services, LegionNode Solutions will ask you to expressly agree to these terms and conditions.
1.5 LegionNode Solutions uses cookies; by using LegionNode Solutions or agreeing to these terms and conditions, you consent to our use of cookies.
2. Copyright notice
2.1 Copyright (c) 2018 LegionNode Solutions.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in LegionNode Solutions and the material on LegionNode Solutions; and
(b) all the copyright and other intellectual property rights in LegionNode Solutions and the material on LegionNode Solutions are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from LegionNode Solutions in a web browser;
(b) download pages from LegionNode Solutions for caching in a web browser;
(c) print pages from LegionNode Solutions;
(d) stream audio and video files from LegionNode Solutions; and
(e) use LegionNode Solutions services by means of a web browser, subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from LegionNode Solutions or save any such material to your computer.
3.3 You may only use LegionNode Solutions for your own personal and business purposes, and you must not use LegionNode Solutions for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on LegionNode Solutions.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from LegionNode Solutions (including republication on another website);
(b) sell, rent or sub-license material from LegionNode Solutions;
(c) show any material from LegionNode Solutions in public;
(d) exploit material from LegionNode Solutions for a commercial purpose; or
(e) redistribute material from LegionNode Solutions.
3.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 LegionNode Solutions reserve the right to restrict access to areas of LegionNode Solutions, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on LegionNode Solutions.
4. Acceptable use
4.1 You must not:
(a) use LegionNode Solutions in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use LegionNode Solutions in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use LegionNode Solutions to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to LegionNode Solutions without our express written consent;
(e) access or otherwise interact with LegionNode Solutions using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for LegionNode Solutions; or
(g) use data collected from LegionNode Solutions for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from LegionNode Solutions to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through LegionNode Solutions, or in relation to LegionNode Solutions, is true, accurate, current, complete and non-misleading.
5. Registration and accounts
5.1 You may register for an account with LegionNode Solutions by completing and submitting the account registration form on LegionNode Solutions, and clicking on the verification link in the email that the website will send to you.
5.2 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
5.3 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
6. User IDs and passwords
6.1 If you register for an account with LegionNode Solutions, LegionNode Solutions will provide you with / you will be asked to choose a user ID and password.
6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on LegionNode Solutions arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
7.1 LegionNode Solutions may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
7.2 You may cancel your account on LegionNode Solutions by sending us a cancellation request.
8. Your content: license
8.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or LegionNode Solutions for storage or publication on, processing by, or transmission via, LegionNode Solutions.
8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.
8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
8.6 You may edit your content to the extent permitted using the editing functionality made available on LegionNode Solutions.
8.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if LegionNode Solutions reasonably suspect that you have breached these terms and conditions in any way, LegionNode Solutions may delete, unpublish or edit any or all of your content.
9. Your content: rules
9.1 You warrant and represent that your content will comply with these terms and conditions.
9.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence, in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
10. Limited warranties
10.1 LegionNode Solutions do not warrant or represent:
(a) the completeness or accuracy of the information published on LegionNode Solutions;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
10.2 LegionNode Solutions reserve the right to discontinue or alter any or all of LegionNode Solutions services, and to stop publishing LegionNode Solutions, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if LegionNode Solutions stop publishing the website.
10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, LegionNode Solutions exclude all representations and warranties relating to the subject matter of these terms and conditions, LegionNode Solutions and the use of LegionNode Solutions.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
11.3 To the extent that LegionNode Solutions and the information and services on LegionNode Solutions are provided free of charge, LegionNode Solutions will not be liable for any loss or damage of any nature.
11.4 LegionNode Solutions will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 LegionNode Solutions will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 LegionNode Solutions will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 LegionNode Solutions will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that LegionNode Solutions have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that LegionNode Solutions are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12. Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if LegionNode Solutions reasonably suspect that you have breached these terms and conditions in any way, LegionNode Solutions may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to LegionNode Solutions;
(c) permanently prohibit you from accessing LegionNode Solutions;
(d) block computers using your IP address from accessing LegionNode Solutions;
(e) contact any or all your internet service providers and request that they block your access to LegionNode Solutions;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on LegionNode Solutions.
12.2 Where LegionNode Solutions suspend or prohibit or block your access to LegionNode Solutions or a part of LegionNode Solutions, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13. Variation
13.1 LegionNode Solutions may revise these terms and conditions from time to time.
13.2 The revised terms and conditions shall apply to the use of LegionNode Solutions from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / LegionNode Solutions will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of LegionNode Solutions from the date that LegionNode Solutions give you such notice; if you do not agree to the revised terms and conditions, you must stop using LegionNode Solutions.
13.3 If you have given your express agreement to these terms and conditions, LegionNode Solutions will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as LegionNode Solutions may specify, LegionNode Solutions will disable or delete your account on the website, and you must stop using the website.
14. Assignment
14.1 You hereby agree that LegionNode Solutions may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15. Severability
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Third party rights
16.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
17. Entire agreement
17.1 Subject to Section 11.1, these terms and conditions, shall constitute the entire agreement between you and us in relation to your use of LegionNode Solutions and shall supersede all previous agreements between you and us in relation to your use of LegionNode Solutions.
18. Law and jurisdiction
18.1 These terms and conditions shall be governed by and construed in accordance with [INSERT COUNTRY OR STATE] law.
18.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of [INSERT COUNTRY OR STATE].
19. Payments & Billing
19.1 All invoices generated are payable and non-payment may result in service termination.
19.2 LegionNode Solutions has a [INSERT]-day money back period for all services.
19.1 Service cancellation requests must be made [INSERT] days before service due date.
20. Accepted Use
20.1 LegionNode Solutions services must be used for lawful purposes only.
20.2 We do not allow:
(a) Anything that may cause excessive server load
(b) Illegal or pirated content
(c) Email marketing, spamming or bulk mailing of any kind
(d) Gambling or fraudulent sites
(e) Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
(f) Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).
(g) Sites promoting illegal activities
21. Disclaimer
21.1 LegionNode Solutions services are provided as-is with no guarantees.
21.2 LegionNode Solutions disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by LegionNode Solutions and its employees or providers.
22. Our details
22.1 This website is owned and operated by LegionNode Solutions.
22.2 Our principal place of business is at NC 4A SBI Colony Lohiya Nagar Kankarbagh, Patna, Bihar 800020, INDIA.
22.3 You can contact us by writing to the business address given above, by using LegionNode Solutions contact form, by email to support@legionnode.com or by our website contact form.