You agree that you are solely responsible for the content stored on and served on the website space hosted by SUPERUS Inc. You further agree that you are responsible for all activity in your account, whether initiated by you, by others on your behalf, or by any other means. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and SUEPRUS Inc. may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause SUPERUS Inc. liability.
If you have any reason to believe that any of your credentials have become known to or been used by any other person, you will inform SUPERUS Inc. immediately.
SUPERUS Inc. will not be liable or accountable to the Customer or any third party for any direct or indirect costs incurred, loss of earnings or compensation claims sought by the Customer or any third party. SUPERUS Inc. shall not accept any liability for any actions, work, errors, and technical errors or otherwise made by the Customer, its agents, third parties or otherwise, on or to the website, once full control and access of the website has been transferred to the Customer.
The Customer also accepts that SUPERUS Inc. will not be held liable for any failure to carry out the Services for reasons beyond the control of SUPERUS Inc., these include but are not limited to: acts of God, acts of any governmental or similar authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorized use or access to the IT systems of SUPERUS Inc. or the Customer, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.
You agree to defend, indemnify, and hold harmless SUPERUS Inc. and each of its officers, directors, employees, agents, affiliates, co-branders or other partners, and employees of any of the foregoing, from, against, and in respect of:
- any and all losses, damages or deficiencies resulting from any third party claim in connection with your website (including, but not limited to, website content) or the URL;
- all costs and expenses incident to any and all actions, suits, proceedings, claims, demands, assessments, or judgments in respect thereof regardless of the merit thereof, including reasonable legal fees and expenses claims brought against SUPERUS Inc. for any intellectual property infringement due to any Material provided for publishing by the Customer.
If you breach any of these TOS, SUPERUS Inc may, in its sole discretion, restrict or suspend the Services, without prior notice to you and without an opportunity to cure the breach. If you are given an opportunity to and you cure the breach or you demonstrate to SUPERUS Inc. satisfaction that you have taken steps to prevent future breaches of the TOS, SUPERUS Inc. will lift the restriction or suspension. SUPERUS Inc. will give you notice of any suspension or restriction. Whether or not a restriction affects your access to Your Content is in SUPERUS Inc.'s sole discretion. PLEASE NOTE THAT FEES WILL BE CHARGED DURING THE PERIOD OF ANY SUSPENSION OR RESTRICTION OF SERVICES.