These Terms of Service (the “Agreement”) are an agreement between Accent Tradeshow & Event Furnishings (“www.GetAccent.com” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by www.GetAccent.com and of the www.GetAccent.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. www.GetAccent.com is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the My Account Area to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
The Service and any data you provide to www.GetAccent.com is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
Accent Tradeshow & Event Furnishings Content
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “www.GetAccent.com Content”), are the proprietary property of www.GetAccent.com or www.GetAccent.com’s licensors. GetAccent.com Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any GetAccent.com Content. Any use of GetAccent.com Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any GetAccent.com Content. All rights to use GetAccent.com Content that are not expressly granted in this Agreement are reserved by GetAccent.com and GetAccent.com’s licensors.
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to GetAccent.com that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to GetAccent.com a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, GetAccent.com does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
GetAccent.com exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through GetAccent.com’s computers, network hubs and points of presence or the Internet. GetAccent.com does not monitor User Content. However, you acknowledge and agree that GetAccent.com may, but is not obligated to, immediately take any corrective action in GetAccent.com’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that GetAccent.com shall have no liability due to any corrective action that GetAccent.com may take.
Third Party Products and Services
Third Party Providers
GetAccent.com may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
GetAccent.com does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. GetAccent.com is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
GetAccent.com as Reseller or Licensor
GetAccent.com may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-GetAccent.com Products”). GetAccent.com shall not be responsible for any changes in the Services that cause any Non-GetAccent.com Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-GetAccent.com Products, either sold, licensed or provided by GetAccent.com to you will not be deemed a breach of GetAccent.com’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-GetAccent.com Product are limited to those rights extended to you by the manufacturer of such Non-GetAccent.com Product. You are entitled to use any Non-GetAccent.com Product supplied by GetAccent.com only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-GetAccent.com Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-GetAccent.com Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by GetAccent.com (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
Prohibited Persons (Countries, Entities, And Individuals).
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, GetAccent.com also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
Account Security and GetAccent.com Systems.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. GetAccent.com may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. GetAccent.com may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by GetAccent.com of an issue, we reserve the right to leave access to services disabled.
GetAccent.com reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
HIPAA Disclaimer. We are not “HIPAA compliant.”
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. GetAccent.com does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that GetAccent.com is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
Compatibility with the Services
You agree to cooperate fully with GetAccent.com in connection with GetAccent.com’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, GetAccent.com is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by GetAccent.com to provide the Services, which may be changed by GetAccent.com from time to time in our sole discretion.
You are solely responsible for backing-up all User Content by request, including but not limited to, any User Websites. GetAccent.com does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
Billing and Payment Information
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify GetAccent.com of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to GetAccent.com’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, GetAccent.com may suspend or terminate your account and pursue the collection costs incurred by GetAccent.com, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. GetAccent.com will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
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