This legal document, herein referred to as the "Terms of Service" or the "Agreement," establishes the legally binding terms and conditions attached to the use of Base.surf, hereinafter referred to as the "Website." The Website is an online platform specifically designed and maintained for the purpose of providing data hosting solutions, hereinafter referred to as the "Service," and is administered and operated by the entity known as the "Company," the proprietary owner and manager of Base.surf.
By accessing, browsing, engaging with, or utilizing the services provided by the Website in any capacity, you, henceforth referred to as the "User" or "You," unequivocally affirm your complete acknowledgment, understanding, and unconditional acceptance of all terms, conditions, policies, and notices stated herein. This Agreement is in effect upon Your use of the Website and governs Your relationship with the Company regarding the Service provided.
As a User, You hereby consent to be bound by this Agreement, inclusive of all amendments, revisions, and updates that may periodically be instituted by the Company. If You find any term or condition of this Agreement unacceptable at any point, You are advised to cease further use of the Website immediately. Your continued use of the Website subsequent to any changes or updates to this Agreement signifies Your agreement to such changes and Your consent to abide by the updated terms and conditions.
The Company reserves the exclusive right, at its sole discretion, to revise, update, modify, or replace any part of this Agreement at any time without prior notice. It is Your responsibility as a User to periodically review this Agreement for updates. The Company may, but is under no obligation to, provide notices of modifications or updates of these Terms through postings on the Website or other communication channels used by the Company.
This Agreement constitutes a binding and enforceable legal contract between You and the Company, and applies to all users of the Website. By engaging with the Website, You represent and warrant that You possess the legal authority to enter into this Agreement and to form a binding contract under any applicable law, and that Your use of the Website does not violate any applicable law or regulation.
Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. The Privacy Policy describes the Company’s policies and procedures on the collection, use, and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read the Privacy Policy carefully before using the Website.
By accessing, browsing, interacting with, or utilizing the functionalities of the Website, you, henceforth referred to as "You" or the "User," hereby acknowledge, accept, and consent to be legally bound by the terms and conditions set forth in this document, collectively referred to as the "Terms." This constitutes a binding legal agreement between You and the entity operating Base.surf, hereinafter referred to as the "Company." Should You dissent from, reject, or disagree with any part or provision of these Terms, You are hereby advised to refrain from accessing or using the Website in any manner.
The Company retains the unilateral and absolute right to amend, revise, update, alter, or otherwise modify these Terms at its sole discretion and at any time without providing direct notice to You. Such modifications become effective immediately upon their posting on the Website or notification to You through other conventional communication channels. Your continued access to or use of the Website subsequent to the posting of any such changes or modifications constitutes Your irrevocable acceptance of the revised Terms. As such, You agree to periodically review these Terms to ensure awareness of all current terms and conditions governing the use of the Website.
The Website, operated by the Company, provides a spectrum of data hosting solutions and associated services (collectively, the "Services") aimed at meeting the digital storage requirements of its Users. The scope of Services provided by the Website includes, but is not limited to, the storage, management, and retrieval of digital data in various formats. The Services are expressly designed to facilitate the Users' ability to securely store and access their digital content over the internet.
The Services rendered by the Website are governed by the stipulations of this Agreement and are subject to modifications, enhancements, updates, or discontinuation at any time and without prior notice to You. Such changes may result from the Company’s ongoing efforts to improve the quality and functionality of the Services, adapt to technological advancements, comply with legal requirements, or address other business considerations. You acknowledge and agree that the range, nature, and features of the Services provided by the Website may change over time, and that the Company assumes no responsibility for any effect that such changes may have on You or your use of the Services.
The Company pledges to uphold the security, confidentiality, and integrity of User data stored and processed within the Website's infrastructure. To this end, the Company implements and maintains robust security measures, protocols, and technologies that conform to industry standards, aimed at safeguarding User data against unauthorized access, disclosure, unauthorized alteration, or destruction.
Users of the Website are mandated to adhere to all pertinent local, state, national, and international laws and regulations in their use of the data hosting services provided by the Website. This includes, but is not limited to, regulations pertaining to data privacy, international communications, and the transmission of technical or personal data.
Users bear the sole responsibility for maintaining the confidentiality and security of their account credentials, including but not limited to usernames and passwords. Users are accountable for all activities that transpire under their account.
In the event of any unauthorized use of a User's account or any other breach of security, Users are required to (a) promptly notify the Company of such occurrences and (b) ensure that they effectively log out from their account at the conclusion of each session to prevent unauthorized account access.
The content displayed on, transmitted through, or used in connection with the Website, including, without limitation, text, graphics, logos, button icons, images, and software, is the exclusive property of the Company or its content suppliers. This content is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
By accepting these Terms, Users are conferred a non-exclusive, non-transferable, revocable license to access and utilize the Website strictly in accordance with the provisions of this Agreement. This license does not extend to commercial use of the Website’s content, any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted herein are reserved by the Company.
Users are prohibited from infringing upon or violating the intellectual property rights of the Company or third parties. The unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the content provided by the Website is strictly prohibited under these Terms.
The Website may feature hyperlinks to websites, platforms, or services that are operated by entities other than the Company (collectively, "Third-party Services"). These links are provided for the convenience and informational purposes of the User and do not signify the Company's endorsement of such Third-party Services.
The Company expressly declares that it has no jurisdiction or control over the content, terms and conditions, privacy policies, or operational practices of any Third-party Services. Consequently, the Company accepts no responsibility or liability for the materials, data, or operations of these external sites or services.
Users are advised to exercise caution and review the privacy statements and terms of use of any Third-party Services they choose to access. Interaction with or reliance on any Third-party Services, including their content, items, or services, is solely at the User's own risk.
The Company retains the sovereign right to terminate or suspend a User's access to the Website, without prior notice or assumption of liability, for any justifiable cause, including but not limited to breaches or violations of these Terms or other incorporated agreements or guidelines.
Upon the termination or suspension of this Agreement for any reason, the User’s right to access and use the Website, along with any related services, shall cease immediately. The User must discontinue all use of the Website and its services forthwith.
The Company provides the Website and its associated services on an "as is" and "as available" basis, without any representations, warranties, or conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
To the fullest extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (a) the use or inability to use the Website; (b) unauthorized access to or alteration of your transmissions or data; (c) conduct or content of any third party on the Website; or (d) any other matter relating to the Website.
By using the Website, Users acknowledge and agree that the entire risk arising out of their use of the site remains solely with them, to the maximum extent permitted by law.
You, the User, agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, your use of the Website, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.
This indemnification obligation will cover, without limitation, any breach of the representations and warranties contained in these Terms, your improper use of the Company’s Services or Website, and any claim alleging that your actions or content submitted to the Website infringe or violate the rights of a third party or the law.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses. You shall not, in any event, settle any claim or matter without the written consent of the Company.
You agree to promptly notify the Company of any third-party claims, cooperate with the Company in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including, but not limited to, attorneys' fees). You agree not to settle any matter without the prior written consent of the Company.
You agree that the Company may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of the Company pending the completion of arbitration.
The Terms, conditions, and any policies or operating rules posted by the Company on the Website, or in respect to the Service provided, shall be interpreted, governed by, and construed in accordance with the substantive laws of the jurisdiction where the Company is legally established and holds its principal place of business, herein referred to as the "Governing Jurisdiction."
In determining the applicable legal framework, the conflict of law provisions or principles that would result in the application of the laws of any jurisdiction other than the Governing Jurisdiction are hereby expressly excluded. This ensures that there is a consistent legal basis that governs the interpretation and enforcement of these Terms.
Users agree that by using the Website, they shall comply with all applicable laws and regulations under the Governing Jurisdiction. Users further agree that they shall not use the Website in any manner prohibited by laws applicable to the jurisdiction from which they access the Website.
In the event of any legal action or proceeding arising out of or related to these Terms, the Services, or the Website, both the Company and the User agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the Governing Jurisdiction.
This provision, like all others contained within these Terms, is binding on all parties and remains in full force and effect regardless of the User's geographical location, residency, or the jurisdiction from where the User accesses or uses the Website and its Services.
The Company reserves the unilateral right to amend, update, or modify these Terms at any time without prior notice to the User. Changes will become effective immediately upon their posting on the Website.
It is the User's responsibility to review these Terms periodically for any changes. The continued use of the Website and its Services by the User following the posting of any amendments, modifications, or changes constitutes acceptance of those new Terms.
The Company may, but is not obligated to, provide a historical record of the changes to these Terms for User’s convenience. However, it is the User's responsibility to check the latest version before using the Website.
If any provision of these Terms is found by a court or other binding authority to be invalid, such invalidity shall not affect the remaining provisions of these Terms, which shall remain in full force and effect.
The failure of any provision shall not be deemed a waiver of future enforcement of that or any other provision. The remaining provisions of these Terms will continue to be enforceable and legally binding.
Before initiating any formal legal proceedings, the User and the Company agree to attempt to resolve any disputes arising out of or relating to these Terms through good faith negotiations.
If the dispute cannot be resolved through negotiation, both parties agree to submit to binding arbitration in the Governing Jurisdiction. The decision of the arbitrator shall be final and binding on both parties.
The User agrees to limit any litigation solely to disputes arising from these Terms or the use of the Website, and to commence any litigation proceedings within one year from the dispute’s origin. Any claim not filed within this period is permanently barred.
The User may not assign or transfer their rights or obligations under these Terms without the express written consent of the Company.
The Company may assign its rights or obligations under these Terms at its sole discretion without restriction.
These Terms, together with the Privacy Policy and any other legal notices or terms provided on the Website, constitute the entire agreement between the User and the Company regarding the use of the Website and its Services.
These Terms supersede all prior agreements, communications, and proposals, whether electronic, oral, or written, between the User and the Company.
In the event of a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of the Company's assets, or any other similar transaction or proceeding that involves a transfer of the control or ownership of the Company, Users will be notified in accordance with these Terms and applicable law.
As part of such a transaction or proceeding, the personal information, content, and data held by the Company about its Users may be among the assets transferred to the acquiring or reorganized entity. By accepting these Terms, the User consents to such transfer, provided that the successor entity continues to maintain the information in accordance with the Company's current Privacy Policy, unless the User consents otherwise.
The Company will make reasonable efforts to ensure that the transfer of information and transition of the Service will be conducted in a manner that respects User rights under these Terms and applicable law, aiming to provide continuity of service.
Upon the change in control, Users will have the right to continue using the Website under the existing Terms or as agreed upon with the successor entity. If the User does not agree with the terms proposed by the successor entity, the User will have the right to terminate their account according to the procedures established in these Terms.
The successor entity may propose amendments or modifications to these Terms. Such changes will be communicated to the Users in accordance with the Changes to Terms section, and Users will have the option to accept the modified Terms or cease using the Website.