Terms of Service
PetaExpress.Com Acceptable Use Policy (AUP)
PetaExpress.Com Privacy Policy
PetaExpress.com TOS (Terms of Service)
            
PetaExpress.Com Acceptable Use Policy (AUP)
This Acceptable Use Policy (the “AUP”) describes prohibited uses and acceptable practices relating to the use of PEG TECH INC and its affiliates (“PEG”, “us”, “our”)’s network of internet properties (including online platforms, websites and applications), products, materials and online services (collectively, the "Services") by PEG’s customers and users that have gained access to the Services by visiting, purchasing Services and/or registering accounts (collectively, “You,” “Customers,” or “Users”). The Services must be used in a manner that is consistent with the intended purpose of the Services and the terms of the applicable agreement with PEG, including our Terms of Service (the “Terms”) to which this AUP is incorporated by reference. The examples described in this AUP are not exhaustive. We may modify this AUP at any time by posting a revised version on the Services. By using the Services, You consent to be bound by the terms of the latest version this AUP. Terms not defined herein are defined in our Terms of Service. You agree to comply with this AUP. You also agree to require your end Users to comply with this AUP. If you violate the AUP or authorize or help others to do so (including your end Users), we may suspend or terminate your use of the Services and delete your Account.
1. No Illegal, Harmful, or Offensive User Content, or Use.
You may not use, or encourage, promote, facilitate or instruct others to use, the Services for any illegal, criminal, unlawful, harmful, fraudulent, infringing or offensive use or enterprise, or to transmit, store, display, distribute or otherwise make available information or content (including User Content) that is illegal, unlawful, harmful, fraudulent, infringing or offensive. Prohibited activities or content include: Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, tortious, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming. Infringing Content and/or Use. Content that infringes or misappropriates the intellectual property or proprietary rights of others, including unauthorized disclosures of private information, or taking information directly from PEG and/or our Users, and using it for your own personal or business purposes without permission or proper attribution. You agree NOT to attempt to resell PEG’s products and/or access to the Services without our written permission. Offensive Content. Content that is harmful to minors in any way, defamatory, libelous, obscene, abusive, threatening, discriminatory, harassing, invasive of privacy, false, intentionally misleading, patently offensive, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, depicts non-consensual sex acts or that promotes racism, bigotry, hatred, religious intolerance, misogyny, or physical harm of any kind against any group, individual or animal. Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots. False Content. Submitting any content or information that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to misrepresenting your current or previous qualifications, or your affiliations with a person or entity, past or present, or assuming another’s identity.
2. No SPAM, E-Mail or Other Message Abuse.
You agree to comply at all times with our Anti-Spam Policy. You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “SPAM”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this AUP or the acceptable use policy of that provider. You will not use ANY of our communication tools (forums, messaging, feeds) to market other businesses or opportunities not related to (or approved by) the Service.
3. No Security Violations.
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include: Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System. Interception. Monitoring of data or traffic on a System without permission. Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route.
4. No Network Abuse.
You may not make network connections to any Users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include: Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled. Denial of Services (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective. Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques. Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers. Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions. Excessive Use. In the event any instance uses excessive CPU from activities such as cryptocurrency CPU mining, PEG reserves the right to limit the CPU available to your instances in order to maintain a consistent level of performance on all our nodes.
5. Authorized Use.
You agree to (i) comply with this AUP, (ii) comply with all laws and regulations applicable to you, including, without limitation, criminal laws, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements within your field; and (iii) use the Services in a professional manner.
6. Our Monitoring and Enforcement
We reserve the right, but do not assume the obligation, to investigate any violation of this AUP or misuse of the Services. We may: investigate violations of this AUP or misuse of the Services; review any User Content, and remove, disable access to, or modify any content or resource (including User Content) that violates this AUP or any other agreement we have with you for use of the Services; monitor all prohibited actions, investigate, and/or take appropriate action at our sole discretion against you. If you violate this AUP or any other provision of the Terms of Service or otherwise create liability for us or any other person, including reputational harm, we may (without limitation) and in addition to the above, terminate or suspend your Account, 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. We may also take legal action to enforce our rights, and/or report you to appropriate law enforcement authorities, regulators, or other appropriate third parties. PLEASE BE AWARE THAT WE COOPERATE WITH LAW ENFORCEMENT AND REPORT SUSPICIOUS AND/OR ILLEGAL ACTIVITY. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this AUP. In accordance with our Privacy Policy, we also may share and/or use your information to protect the safety, rights, property, or security of PEG, our services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, cybersecurity, cybercrimes or technical issues; to prevent or stop any activity that PEG, in its sole discretion, may consider to be, or to pose a risk of being, illegal, unethical, or legally actionable; to use as evidence in litigation; to conduct audits; and/or to enforce this Acceptable Use Policy, and our Terms of Service. PEG does not control or endorse the Content, messages or information found in the Services and, therefore, PEG specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service. PEG shall have no obligation to maintain any Content after termination of the Services.
7. Sample list of Prohibited Activities
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: Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute, traffic or disseminate any defamatory, obscene, or otherwise unlawful content, such as child pornography or virtual child pornography. Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation. Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's property. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Services. Violate any code of conduct or other guidelines which may be applicable for any particular Service. Harvest or otherwise collect information about others, including e-mail addresses, except as needed to operate your site and as permitted in your site's privacy policy (if any). Violate any applicable laws or regulations. Create a false identity for the purpose of misleading others. Host TOR exit nodes. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof. Network probing or port scanning tools are only permitted if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited. Utilizing bots for the purpose of repeatedly and/or automatically acquiring merchandise and anything similar that violates 3rd party ToS that could result in the blocking of PEG IP space or ASN. Utilizing autodialers or other VOIP based robocalling software. PEG customers are NOT permitted to utilize and deploy our services to conduct and deliver DOS/DDOS mitigation as a service.
8. Reporting of Violations of this AUP
If you become aware of any violation of this AUP, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this AUP, please contact us at abuse@petaexpress.com.
            
PetaExpress.Com Privacy Policy
I. General
This Privacy Policy (“Policy”) refers to PEG TECH INC. and you, the user of this site. Us, We, Our - PEG TECH INC. is the publisher and operator of the web site https://www.petaexpress.com, and is referred to as “petaexpress.com”. “us”, “we”, “our”, “ours”, etc. refer to PEG TECH INC. “The SITE” or “SITE” refers to https://www.petaexpress.com. You, the User - This Policy will refer to the user as “you” or “yours”, etc. This Policy describes how we use information received about you when you visit our SITE or when you subscribe to, or otherwise use our online services. This Policy does not cover any information that we may receive from or about you through channels other than through the use of the SITE. Users who reside in the EEA are invited to read our GDPR Privacy Notice. CHILDRENS ONLINE PRIVACY PROTECTION ACT Compliance and Non-Applicability Statement. The Children’s Online Privacy Protection Act applies to the online collection of personal information from children under the age of 13. Petaexpress.com does not collect any personal information about children under the age of 13. Our SITE is not designed for children under 16, and children under the age of 16 are not authorized to access or use our services. If we discover that a child under the age of 16 has provided us with personal information, we will endeavor to purge any such information as soon as possible.
II. Revisions to this Policy
This Policy is current as of the Last Modified set forth above. We reserve the right to revise, amend, or modify this Policy and our other policies and agreements at any time and in any manner. We will post any updates to this Policy on our SITE. You should periodically check for any modifications to this Policy by re-visiting this web page. If we make any changes to this Policy that materially affect our practices with regard to the personal information, we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our SITE
III. Information that we collect
Visitors to our SITE and services will have multiple ways of interacting with us. Depending upon your level of interaction, we will collect different information about you. We collect information about you directly from you and from third parties, as well as automatically through your use of our SITE. The type of information collected is as follows: Members - Members are those users who subscribe to our services will be prompted to provide their name, their address, their age, their phone number, and any other necessary billing information. Posters - Posters are visitors to our SITE who choose to register to post information in our public forums. We collect your email address and the password you create for your account when you register, and we also collect information about your posts for our forums. Any information entered voluntarily by the Poster on one of our forums should be considered public information or information that is publicly available. If you do not wish for information to be made public, you should not enter it into your user profile when registering as a Poster. All SITE users and visitors - We automatically collect the following information from all users and visitors to our SITE through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit or use our SITE; and the referring URL, or the webpage that led you to our SITE. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.
IV. Our Use of Cookies and Other Tracking Mechanisms
We and our third-party service providers use cookies and other tracking mechanisms, including those designed for mobile applications, to track information about your use of our SITE. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf). Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our SITE, while others are used to enable a faster log-in process or to allow us to track your activities at our SITE and service, including for online advertising purposes. Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our SITE who disable cookies will be able to browse certain areas of the SITE, but some features may not function. Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your device’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our SITE to, among other things, track the activities of SITE visitors and users, help us manage content, and compile statistics about SITE usage. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded. Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our SITE. We also may use other analytic means to evaluate our SITE. We use these tools to help us improve our services, performance, and user experiences. These entities may use cookies and other tracking technologies to perform their services. To learn more about Google’s privacy practices, please review the Google Policy athttps://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout. Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third-Party Ad Network section. Third-Party Ad Networks. We use third parties such as network advertisers to serve advertisements on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information, including personal information, about you. Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members. Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our SITE or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
V. How we use your information
We use your information, including your personal information, for the following purposes: To provide our services to you, to communicate with you about your use of our services, to respond to your inquiries, to fulfil your orders, and for other customer service purposes. To tailor the content and information that we may send or display to you, such as displaying information on your use of our cloud services, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the SITE. For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We may also use the information that we learn about you to assist us in advertising our services on third party websites. To better understand how users' access and use our SITE, both on an aggregated and individualized basis, in order to improve our SITE and services and respond to user desires and preferences, and for other research and analytical purposes. To administer surveys and questionnaires. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority. To protect the safety, rights, property, or security of PEG TECH INC., our services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity that PEG TECH INC., in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; to conduct audits; and to enforce this Policy, our Acceptable Use Policy, and our Terms of Service.
VI. How We Disclose Your Information
We may share your information, including personal information, as follows: Forum Users. If you create an account to use one of our forums, your forum profile, PEG TECH INC. directory information, and any information you post on one of our forums will be available to other forum users and all SITE visitors. Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personal information will be subject to this Policy. Service Providers. We may disclose the information we collect from you to third party vendors, digital wallet companies, service providers, contractors or agents who perform functions on our behalf. We also disclose information in the following circumstances: Business Transfers. If we are or may be acquired by or merged with another company, if any of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company. In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena. To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service, Acceptable Use Policy, or this Policy, or as evidence in litigation in which PEG TECH INC. is involved. Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.
VII. 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 remove@petaexpress.com 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.
VIII. Public Forums, Member Directories, and Internal Messaging:
Public Forums - Any information posted to a Forum should immediately be considered to be public information. Member Directories - Any information provided in a user profile, Member directory, or other related service should be considered to be public information. We do not, cannot, and will not act to maintain the privacy of any information that you provide in any such forum or medium. Internal Messaging - We provide an internal messaging system for use between Members of our SITE. Any information that you send via this internal messaging system is not secure and is not considered to be private information. You should use caution when sending any personal information over the internal messaging system, and you should not transmit any information that you would not wish to see disclosed to the general public.
IX. Security of Your Information.
We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. For example, we take measures, including data encryption, to protect the transmission of sensitive end-user information. Nevertheless, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information. We take 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.
X. 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://www.petaexpress.com/contact/
XI. Where to Direct Questions About Our Privacy Policy.
If you have any questions about this Policy or the practices described herein, you may contact us at https://www.petaexpress.com/contact/
            
PetaExpress.com TOS (Terms of Service)
These terms of use (the “Terms”) are a legal contract between PEG TECH INC, and its affiliates (“PEG”, “we” or “us”) and “you” (“Customer”, “your,” or “User”). The Terms explain how you are permitted to use the services provided by and through our platform and website(s) (main url located at www.petaexpress.com) as well as all of our associated internet and online properties (either linked by PEG and/or affiliated companies) and any software that PEG provides to you for download or use, including in your mobile devices (collectively, our “App(s)”) (all of these virtual properties, software and mobile applications, collectively, the “Site”). These Terms also govern your use of all the text, data, information, software, graphics, proprietary content and more (all of which we refer to as “Materials”) that we and/or our affiliates may make available to you, as well as any services we may provide through this Site). Collectively, the Site, the Materials, and the services provided therein are referred to as the “Services”. USING THE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICES. IMPORTANT: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. DEPENDING ON YOUR JURISDICTION, THIS SECTION MAY NOT APPLY TO YOU.
Terms of Service Highlights
Each time you access and/or use the Services, you agree to be bound by these Terms and any Additional Terms that apply to you.
Your Privacy
You agree that we can use your information as outlined in our Privacy Policy. Additionally, before registering for the Services, California residents please refer to our California Privacy Notice, and residents of the European Economic Area (EEA) to our GDPR Privacy Notice.
Payments, Subscriptions and Cancellations
You will honor your payment obligations, if any. For recurring charges that you agree to make, you agree that third parties working on our behalf may store your payment information to process the payments you agreed to make. You understand that additional fees and taxes may apply to your purchases. Please refer to our Cancellations section for related information. PEG does not guarantee refunds.
Binding Arbitration of All Disputes; No Class Relief
For US Residents, any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.
Our Acceptable Use Policy
You warrant that you will use the Services in compliance with our Acceptable Use Policy.
Our Anti-Spam Policy
You warrant that you will use the Services in compliance with our Anti-Spam Policy.
Our Policy Against Copyright Infringement
PEG does not permit copyright or intellectual property infringing activities on the Services. Please refer to our Copyright Policy pursuant to the Digital Millennium Copyright Act ("DMCA") for notifications of infringement.
Your Content
You are responsible and liable for your Content and the Content of your end users. Additionally, when you act as a Service Provider, you have additional Obligations as a Service Provider under the DMCA.
Our Rewards Program
We may offer Rewards programs as part of our Services. If we offer Rewards credits, these will expire as set forth herein.
Intellectual Property
You may not use, copy, reproduce, republish, upload, display, post, transmit, distribute, or license any Materials or content on the Services without PEG’s authorization.
The PEG Marketplace
We offer access to our online marketplace for third-party and proprietary Apps.
Disclaimers
To the extent permitted by law, we disclaim warranties and conditions.
Limitation of Liability
To the extent permitted by law, our liability is limited.
Contact
Questions about these Terms may be sent to abuse@petaexpress.com or as otherwise set forth in these Terms. Violations of these Terms or of any of our policies, and Legal and Law Enforcement Inquiries should be sent to abuse@petaexpress.com. For Customer Service or Support questions: support@petaexpress.com.
Full Terms of Service
1. YOUR ACCEPTANCE AND CONTRACTUAL RELATIONSHIP
By using the Services, you represent and warrant that you are of age under the laws of your jurisdiction and/or lawfully able to enter into contracts. If you are not legally able to enter into contracts, you may not use the Services at any time or in any manner, or submit any information to PEG or the Services. If you are entering into these Terms on behalf of a business entity or organization, you represent and warrant that you have the legal authority and capacity to bind such a business entity or organization. If you are not authorized nor deemed by law to have such authority, you assume sole personal liability for the obligations set out in these Terms.
2. PRIVACY
Please review our privacy policy (the “Privacy Policy”) which explains how we use information that you submit to PEG. The Privacy Policy is hereby incorporated by reference. Additionally, for California residents please refer to our California Privacy Notice and for residents of the European Economic Area (EEA) please refer to our GDPR Privacy Notice before registering for the Services.
3. MODIFICATIONS AND ADDITIONAL TERMS
(a) These Terms. PEG can change, update, add or remove provisions of these Terms at any time by posting the updated Terms on the Site and by providing a notice on the Services. We will ask for your express consent to the updated Terms where we are legally required to do so, and our notice to you will explain how you can accept or reject the changes. If you do not agree with any of the updated Terms, you must stop using the Services. Unless otherwise required by law, the updated Terms are effective as of the day of posting. (b) The Services. PEG may make changes to the Services at any time, without notice to you. If you object to any changes to the Services, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as modified. We also reserve the right to discontinue the Services, or any component of it, at any time without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. (c) Paid subscriptions. Please note that if you are under paid-subscription services with us, in the event we change the price for the services which you have previously agreed to pay or if we substantially change the services you are paying for, we will also notify you of such changes as contemplated in Section 3(a) above. Any changes will become effective after your then-current subscription expires or terminates. If you do not agree with such changes and you communicate this to us in accordance with the notification, we will not automatically renew your subscription even if you previously agreed to automatic renewal for payment. (d) Additional Terms. In addition, certain features of the Services may be subject to additional terms of use (“Additional Terms”), which shall be provided to you at the moment you choose to use such features or services. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such features conflict with these Terms, the Additional Terms will govern. (e) Executed Contract(s). If You have entered into a separate executed (i.e. signed) agreement for services with PEG (collectively and individually, “Contract”), such Contract shall supersede these Terms. In the event of any conflict between these Terms and the Contract, the Contract will prevail. In cases where the Contract does not address specific provisions included in these Terms, these Terms will apply, supplementing the Contract.
4. USERS
(a) Visitors. Visitors may browse the Site in accordance with these Terms but will not have full access to the Services without first becoming “Registered Users.” (b) Registered Users and Accounts. In order to access certain features of the Services you will be required to become a Registered User. A “Registered User” is a User who has registered an account with us (your “Account”). As a Registered User you choose what information you may make public or showcase. By registering as a User you represent that you are not barred from using the Services under these Terms, the laws of the United States of America, your place of residence or any other applicable jurisdiction. (c) Registration Data. In registering for the Services, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree that all notices and communications between Us will be sent to the email address You provide. If you provide any information that is untrue, inaccurate, not current or incomplete, or PEG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PEG has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof) for breach. You agree not to create an Account using a false identity or information. You agree that you should not have more than one Account at any given time. You agree not to register for an Account on behalf of an individual other than Yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group, organization, or entity to these Terms. By registering another person, group, organization, or entity you hereby represent that you are authorized to do so. You agree not to create an Account or use the Services if you have been previously removed by PEG, or if you have been previously banned from any of the PEG properties. (d) Account Management. When You register for the Services, You will choose a login (email) and password. You may use the Services or modify Your Content and data only through such login and password. You are entirely responsible for maintaining the confidentiality of Your password and for any and all activities which occur using Your credentials and/or under your Account. PEG reserves the right to establish an Account verification process to verify the account and/or any information provided. You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of security known to (or reasonably suspected by) You at support@petaexpress.com. PEG shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that PEG considers insecure or inappropriate, PEG will be entitled to require this to be changed and/or terminate your Account. PEG reserves the right to remove or reclaim any username at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. It is also Your responsibility to make sure that Our domain(s) (including “PEG.com”) are not included in any spam block list used by You or Your mail provider. You are required to perform all necessary security configuration and management tasks (1) for Your site(s) and all domains, web pages or IP addresses which You are hosting through the Services, and (2) to protect Your Content (defined below) and data, including that of Your customers and/or end users hosted through the Services. You are responsible for management of updates and security patches, any application software or utilities installed, any files accessible via Your site(s), and the configuration of any PEG-provided security utilities.
5. SERVICES
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 (each a “Subscription”). All Subscriptions to Services are subject to formal acceptance by PEG. Your Subscription to the Services will be deemed accepted by PEG when PEG delivers a confirmation of the Subscription to You. PEG reserves the right to refuse to provide You with any Service for any reason. Notwithstanding Our Uptime Guarantee, PEG 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 these Terms. For as long as you agree to these Terms and abide by them, you may use the Services. These Terms apply to all Users of the Service, including Visitors and Registered Users, who are also contributors of User Content. The Services are licensed, not sold, to you. (a) Grant of a Limited License. The Services are protected by copyright laws throughout the world. Subject to your agreement, and continuing compliance with these Terms, and any other relevant PEG policies, PEG grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to use the Services and/or download, and use a copy of any Apps or client-software on a device or computer that you own or control and to run such copy solely for your own internal business or individual purposes only. You agree not to use the Services for any other purpose. (b) Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by PEG; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services except as expressly permitted by PEG; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
6. SUBSCRIPTIONS AND CANCELLATIONS
(a) Subscriptions. Your Subscription or commencement of the Services shall begin upon confirmation to You and receipt of lawful funds, whichever comes earlier. The Subscription initial term's length is chosen by You and shall be indicated when You subscribe to Our Services. The Subscription may not be terminated by You during the Initial Term (and any renewals thereof) except in the event of a breach by PEG. After the Initial Term, the Subscription shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein. (b) Pricing. Subject to Section 3(c), PEG reserves the right to change prices for paid Subscriptions at any time and does not provide price protection or refunds in the event of promotions or price decreases. Any pricing changes will become effective after your then-current Subscription expires or terminates. You understand that if We agree to provide Services to You in the future after your Subscription terminates for any reason, the amount You paid under any prior term or time period is not determinative of the amount You will pay should We provide Services to You again. It is Your responsibility to check Our Site for plan or price changes should You wish to take advantage of plan or price changes which may have occurred. PEG does not automatically update Your Subscription plan. All upgrades or downgrades will be performed at Your request and may include modification of Fees (defined in Section 7(a)) or require reinitiating service with Us. (c) AUTOMATIC RENEWAL TERMS: To facilitate continuity of the Services to you, each paid Subscription contains automatic renewal terms. PEG will automatically renew your paid Subscription as per the Subscription period of your choosing (each a “Subscription Term”), on the anniversary of that date that PEG first charges your Account for the first Subscription fee, and, as authorized by you during the Subscription sign-up process, PEG will charge your Account with the applicable Subscription fee and any sales or similar taxes that may be imposed on your Subscription fee payment (unless you cancel prior to the anniversary date). Each Subscription renewal period is for the same Subscription Term as the prior one, unless otherwise agreed between you and PEG. IF YOU CANCEL YOUR SUBSCRIPTION, YOUR ACCESS TO AND USE OF THE SERVICES WILL BE SHUT OFF ONCE YOUR THEN CURRENT SUBSCRIPTION TERM EXPIRES. PEG reserves the right to modify pricing at any time (but not the price in effect for your then-current Subscription Term), upon advance notice to you. If you have not cancelled your Subscription or turned off the auto-renew function within the specified time after receiving notice of a price change, your Subscription will auto-renew at the price indicated in your notice. (d) CANCELLATION TERMS: YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME, AND SUCH CANCELLATION SHALL BECOME EFFECTIVE UPON EXPIRATION OF YOUR THEN-CURRENT SUBSCRIPTION TERM. You agree and understand that you will be charged Subscription fees until the expiration of your then-current Subscription Term and SUBSCRIPTION FEES WILL NOT BE REFUNDED, IN WHOLE OR IN PART, SUBJECT TO APPLICABLE LAW. You will not be eligible for a pro-rated refund of any portion of the Subscription fees paid for any unused days of the then-current Subscription Term. If you have any problems or concerns with your cancellation please contact us at support@petaexpress.com for assistance.
7. PAYMENTS
(a) If you purchase any Services that we offer for a fee, either on a one-time or on a Subscription basis (collectively “Fees”), you agree and consent to PEG’s use of third-party payment providers for billing and processing online payments (see below), and you agree to pay the applicable Fees for the Services (including, without limitation, periodic fees for Subscriptions) as they become due, plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Unless separately negotiated by You and Us, and confirmed by separate written agreement, the initial and recurring Fees for the Services selected by You shall be as provided in the initial on-line order form. All set-up fees and special programming fees are non-refundable. Unless otherwise indicated, we may invoice Fees for Services in advance. Failure to make payment of Fees for Services when due may result in the suspension or termination of Services. (b) Services are billed on an automatic, auto-renewal and recurring basis unless and until you follow PEG's cancellation procedure set forth in this Agreement. Your obligation to pay fees continues through the end of the Subscription Term (defined in Section 6(c)). Our Subscriptions may be subject to usage limits. You agree and understand that we verify use of the Service periodically. If as part of a routine verification process, we determine that Usage exceeds the current amount of usage limits purchased, we reserve the right to invoice you for the additional use. We may contact you to discuss your current plan and other options available to you. You agree to upgrade to a higher usage plan if necessary. (c) At the time of registration, You must select a payment method. By providing a payment method, You expressly authorize PEG to charge said payment method at regular intervals subject to Your particular Subscription. PEG reserves the right to contract with a third party to process all payments. Such a third party may impose additional terms and conditions governing payment processing. If You do not pay all Fees when due, Your account will be deemed past due. For any past due Fees, PEG reserves the right to charge You interest at one and one-half percent (1.5%) or the highest rate allowed by applicable law, whichever is lower, per month of the unpaid amount, until paid. (d) You agree to pay any and all taxes, including personal property, value added, or sales taxes, resulting from Your use of the Services. PEG is not responsible for any bank fees incurred by You due to Your use of check cards, automatic payment services, insufficient funds, and any and all other fees your financial institution may impose due to Your use of the Services. If PEG should receive less than full payment of the Fees due to taxes, bank charges, transfer fees, or the like, PEG will invoice You for the difference between payment received and the Fees due. You also agree to pay all attorney and collection fees arising from PEG's efforts to collect any past-due Fees. (e) If you cancel any Service prior to the expiration of the pre-paid Fees, You understand and agree that PEG, at its sole discretion, may not issue You any refund whatsoever, including but not limited to any remaining pre-paid Fees, set up Fees, and/or special programming Fees. Any refunds, if any, will be refunded to the original method of payment only. (f) If you do not pay on time or if PEG cannot charge your payment method for any reason, PEG reserves the right to either suspend or terminate your Subscription, access to the Services, and/or Account and terminate these Terms. (g) Coupons and Discount Codes. From time to time, PEG may offer coupons or other discount codes which may be used when signing up for Services with Us. Coupons and discount codes are for first-time customers of PEG only and must be used at the time of Your initial purchase with Us – they may not be applied after commencement of the Services. Unless expressly provided, such coupons and discount codes may not be used toward upgrades to Your account. Any account We deem to be attempting unauthorized coupon or discount code use may be subject to Termination for Cause (see Section 9).
8. REFERRAL PROGRAM
We may offer programs allowing our users to earn service credits and rewards (“Rewards”) on their Accounts. Please refer to our Referral Program Terms as these may be amended from time to time, before participating in our Rewards’ program. The Referral Program Terms are hereby incorporated by reference.
9. TERMINATION
(a) PEG may terminate your Subscription in its sole discretion at any time for any reason or no reason ("Termination without Cause"). In such case, PEG will provide You with thirty (30) days written notice before the discontinuation of Services. If PEG cancels your Subscription pursuant to any of the terms outlined in these Terms, with the exception of Termination without Cause, PEG 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 PEG terminates the Agreement for cause, all prepaid Fees will be forfeited and are not refundable. The termination of your Subscription does not relieve You of Your obligation to pay any Fees accrued or payable to PEG prior to the effective date of termination of your Subscription. (b) In addition to PEG's right to terminate your Subscription provided elsewhere in these Terms, PEG may terminate your Subscription effective immediately if, based on PEG's sole judgment, it determines that You or any of Your end users: (i) have breached the Acceptable Use Policy ("AUP") or Anti-Spam Policy, (ii) have infringed or violated any intellectual property right or privacy or publicity right of a third party, (iii) have not complied with any applicable law, statute or regulation, or (iv) have uploaded, published or disseminated any images, text, graphics, code or video which PEG considers illegal or high risk, in its discretion, or (v) breached these Terms. Nothing contained in these Terms is intended to, or shall, impose any duty or obligation upon PEG to monitor or review Your Content (defined in Section 12) or the content of Your end users at any time. You remain solely responsible for Your Content, and any liability generated therefrom. (c) The termination of your Subscription will end Your access to the Services and Your license to the Materials. PEG shall not be liable to You or to any third party for termination of the Services permitted under these Terms. Upon termination of your Subscription, PEG reserves the right to maintain copies of Your data files and records for archival purposes but does not undertake any obligation to do so. PEG reserves the right to impose an early termination charge for all Services terminated prior to the last day of the billing cycle. (d) If either party cancels or terminates your Subscription for any reason, You shall be solely responsible for making all necessary arrangements for securing a replacement service provider and timely moving all electronic data, graphics, images, video or text to the new service provider. (e) PEG will not have any liability whatsoever to you for any suspension or termination, including for deletion of Content. All provisions of the Terms, which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. You may close your Account by using the feature provided in the Services or, alternatively, by emailing us at support@petaexpress.com. We will proceed to close your Account and send you an email confirmation.
10. OUR ACCEPTABLE USE AND ANTI-SPAM POLICIES AND OUR COMMUNITY
To use our Services, you agree to and warrant that you will comply at all times with our Acceptable Use Policy (“AUP”) and our Anti-Spam Policy (“Policies”) as these may be amended from time to time, which regulate prohibited and/or acceptable practices relating to the use of our Services, including limitations on User Content, prohibited activities, system abuse and security. If you do not agree with our Policies, you must discontinue use of the Service. The Policies are hereby incorporated by reference.
11. INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA NOTIFICATIONS
PEG does not permit copyright-infringing activities and infringement of intellectual property rights on the Services, and pursuant to the safe-harbor provisions provided by the Digital Millennium Copyright Act of 1998 (“DMCA”), PEG will remove User Content if properly notified that such User Content infringes on another's intellectual property rights (please refer to our Copyright Policy). PEG reserves the right to remove User Content without prior notice.
12. USER CONTENT
12.1 Content.
(a) You are responsible for the information, text, opinions, messages, comments, audio visual works, motion pictures, photographs, animation, videos, graphics, sounds, music, software, Apps, and any other content or material that You or your end users submit, upload, post, host, store, or otherwise make available (“Make Available”) on or through the Services (collectively, “Your Content,” “Content” or “User Content”). You may not Make Available on the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any such right protects any material is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you make or submit. As between you and us, you own your User Content and you have full responsibility for all User Content you make or submit, including its legality, reliability and appropriateness, while using the Services. You hereby grant to PEG a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your User Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and otherwise use and commercialize the User Content in any way that PEG deems appropriate, without any further consent, notice and/or compensation to you or to any third parties, for purposes of providing the Services to you. (b) PEG will not actively monitor Content being hosted by PEG, although PEG, at its sole discretion, may elect to electronically monitor its network and may disclose any content or records concerning Your Account as necessary to satisfy any law, regulation, or other governmental request or to properly operate Our network and protect any of Our customers. PEG will investigate complaints of a violation of a third-party right or of the AUP. PEG will cooperate with those attempting to minimize Internet abuse and reserves the right to institute "filters" or other mechanisms for that purpose. PEG will cooperate with law enforcement authorities and reserves the right to notify such authorities if it suspects that You or any of Your end users are engaged in illegal activities. Nothing contained in this Section, or anywhere in these Terms, is intended to bestow any rights on any third party, and no third parties shall be entitled to enforce any terms of these Terms between us, the parties. (c) You acknowledge and expressly agree that PEG will not be liable to You or any of Your end users for any action PEG takes to remove or restrict access to the Services for any alleged violation of the AUP, or exercising its rights as a Good Samaritan under the Telecommunications Act of 1996 (47 U.S.C. § 230(d)) or under the DMCA. (d) PEG may, at its sole discretion, immediately terminate Your Account and access to the Services, and terminate these Terms for cause, if Your conduct violates our Policies (See Section 10), or if any of Your end users' or downstream customers' conduct violate such Policies. We respect the intellectual property rights of all parties and have adopted a policy regarding termination of repeat copyright infringers under the DMCA (See Section 11). (e) Child Pornography. PEG takes the issue of child pornography very seriously, and any potential harm to minors using our Services is strictly prohibited. Content that is or may be perceived to be child pornography will be immediately removed from public access upon notification or detection by Us. Additionally, PEG reserves the right to terminate any Account whose website(s) hosts or links to child pornography immediately and without notice to You. If the account is a PEG reseller account, the account will be suspended, and the reseller will be directed to terminate the account responsible. You agree to cooperate in any such effort. Content or communications seeking to solicit, lure or entice minors into sexual activity or lewd behavior is also strictly prohibited, and will be treated the same as, or similar to, child pornography, consistent with applicable law. You agree to cooperate with PEG in any effort to investigate, disable or remove such Content originating with Your end users. Consistent with federal law, PEG will cooperate with law enforcement authorities and will notify such authorities if it suspects that You or any of Your downstream customers or end users are engaged in any such illegal activities. In accordance with the reporting requirements of 18 U.S.C. § 2258A, We will report to the CyberTipline (www.cybertipline.com) any actual knowledge of apparent violations of 18 U.S.C §§ 2251, 2251A, 2252, 2252A, 2252B, 2260, or 1466A. If You suspect any instances of child pornography appearing on sites hosted by PEG, We encourage You to send such reports to Our abuse address at abuse@petaexpress.com, and include the file name and/or URL (or other location on the Customer's site), victim (if known), date of birth, date of production, and any other information about the suspect image(s). Do not send the image(s) in question. Alternately, You may use the CyberTipline to report suspected child pornography. Reports involving sites not hosted by PEG should be directed to law enforcement or to a cooperating child pornography organization such as: https://www.asacp.org/index.php?content=report. (f) Content appropriate for Minors and Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material on Your site and services. You agree not to allow minors to view any such materials and agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), you are hereby informed that you can research such services at websites such as www.asacp.org. Please note that the Service makes no representation or warranty regarding any of the products or services referenced on such sites and recommends that the user conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing these kinds of materials if Your computer can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site from being displayed or accessed by Your children or wards. (g) Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that PEG operates as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of Your Content (including third-party content published on Your web site(s)). We do not create such content, and We are not responsible for the publication of remarks or communications of You or third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows PEG to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our immunity status as an interactive computer service. Nothing contained in this Section is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act. In the event that any court finds that any third-party communication or third-party content hosted by us falls outside of the realm of the immunity provided by the CDA, this shall not be deemed to be a waiver of any legal protections provided by Section 230 for any and all other content posted on our Site or hosted via our Services.
12.2 Specific Requirements for Service Providers and User-Generated Content Subscribers.
(a) If You use Our Services for any site, sub-domain, page or business model that allows Your end users or customers to control or upload material to Internet space assigned to You by Us, You shall be deemed to be acting as a "Service Provider" with respect to such services and/or customers. Service Providers include but are not limited to customers which; (i) resell bandwidth as hosts to third parties; (ii) operate user-generated content sites such as forums, "tube" sites, review sites, and online classified advertising sites; (iii) operate search engines; or (iv) operate peer-to-peer file sharing networks. Customers acting as a Service Provider for third-party users shall comply with the following provisions: You shall notify Us of all domains, web pages or IP addresses for which You are acting as a Service Provider. You shall comply with 17 U.S.C. §512 of the DMCA by properly designating an agent for receipt of copyright infringement notices, and You shall publish a link on the home page of any website for which You are a Service Provider to a DMCA Notice and Takedown Policy, identifying the website's designated agent and associated contact information. "Service Providers" within the meaning of 17 U.S.C. § 512(k)(1) require that any DMCA Notices relating to alleged infringement of a PEG Service Provider Customer be submitted directly to the DMCA Agent designated by such Customer. You shall provide Us with a current link to Your DMCA Notice and Takedown Policy and further advise Us of any changes to Your Designated Agent contact information. This shall be a continuing obligation for as long as You use Our Services. It is the policy of PEG to provide any infringement notices it receives relating to Service Provider subscribers directly to the subscriber's Designated DMCA Agent, and to further notify any copyright claimants of the identity and contact information for such Agent. Failure to maintain compliance with this section shall constitute a material breach of these Terms. (b) In keeping with Our DMCA policies and obligations set forth above, You understand, agree, and expressly allow Us to access and subsequently disable public access to any files or data residing on the server, disk, partition, or other data space under Your control when such files or data, in Our discretion: (i) have been identified in a substantially-compliant DMCA notice under 17 U.S.C. § 512; or (ii) when We become aware of facts or circumstances indicating that such files or data are infringing on the copyrights or other intellectual property rights of third parties. Given that Our customers may employ various methods of securing files in conjunction with Our Services, and in an attempt to avoid material disruption of Our customers' Services, You agree that You will provide Us with Your preferred procedure for disabling access to material identified under this provision. If We forward You a substantially-compliant DMCA Notice and which concerns content under Your control, You are obligated under these Terms to immediately disable or remove access to such content. Irrespective of the above, We reserve the right to disable or remove access to such content, in Our discretion, and without a claim of damage or injury by You. While We will attempt to simply disable access to such Content without fully deleting it, or suspending all services to your Account, We make no warranties concerning harm or injury to the Content, and reserve the right to take any necessary actions to disable access to the identified material, including suspension or termination of Services. It is therefore in Your best interest to promptly respond to any DMCA Notices You may receive. Should You or Your web site's users feel that such DMCA Notice was erroneously or improperly sent, You must follow the Counter-Notification procedure set forth in our Copyright Policy, and wait the required period of time, before We allow public access to the content to resume. (c) Nothing contained in this Section, or any part of these Terms, shall constitute legal or professional advice regarding any matter referenced therein. You are responsible for obtaining your own legal advice regarding compliance with any and all applicable laws or regulations.
12.3 Content that you Make publicly Available.
(a) In addition to the license granted in Section 12.1(a), You also authorize others to use the User Content that you publicly share or Make Available through the Services. (b) You may delete, or request deletion of your User Content at any time, unless you have shared such User Content with others and they have not deleted it, or it was copied or stored by other Users. Any User Content you submit is at your own risk of loss, and if shared publicly, non-confidential. (c) PEG agrees to use any personally identifiable information contained in any of your User Content in accordance with PEG’s Privacy Policy, to the extent applicable. Additionally, please note that certain information, statements, data, and content (such as photographs) which you may submit to PEG, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any User Content is voluntary on your part. (d) We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. (e) If you use any “rating” feature of the Services, as applicable, and/or if you send or transmit any communications, comments, questions, suggestions, or related materials to PEG, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Services, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and PEG is free to use, without any attribution or compensation to you, any ratings submitted within the Services, and any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that PEG may use any of this Feedback in aggregated or non-aggregated from, however PEG is not obligated to use, display, reproduce, or distribute any such ratings, ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. (f) Forums and messaging. PEG may offer various forums where you can post your observations and comments on designated topics. By offering this feature, PEG is merely acting as an intermediary and is not responsible and shall not be liable for such communications. Please note that ideas you post and information you share may be seen and used by other Users, and PEG cannot guarantee that other Users will not use the ideas and information that you share on the Services. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, or that is subject to third-party rights that may be infringed by your sharing it, do not post it on the public forums of the Services. Please refer to Section 11 and our Copyright Policy for more information regarding how we treat infringing content. PEG IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY PEG COMMUNITY FORUMS.
13. THIRD-PARTY SERVICES, SOFTWARE, LINKS AND LICENSING
(a) Third-Party Services. You may in Your sole discretion elect to use third-party products, software and/or services (collectively, “Third-Party Services”, offered by one or more “Third Party”) in connection with the PEG Services such as through the PEG Marketplace (see Section 14), and PEG may in its sole discretion help facilitate Your use of such Third-Party Services in connection with the PEG Services, however You acknowledge and agree as follows: (i) You are solely responsible for purchasing or licensing Third-Party Services as may be required by any such third party; (ii) You shall be subject to any applicable terms governing such Third-Party Services, which are in addition to this Agreement; (iii) You shall pay all fees charged by such third party for such Third-Party Services, and recognize that the terms governing such fees (including any price adjustments) are not necessarily in PEG’s control, even if payment is facilitated through the PEG Services; (iv) regardless of PEG’s assistance, You are solely responsible for installing and maintaining any Third-Party Services at Your expense; and (v) PEG SHALL NOT BE LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES, and any assistance provided by PEG in connection with such Third-Party Services shall not alter Your responsibility or Our liability disclaimer under this section. You agree and understand that you, and not PEG, are solely responsible for your compliance with the licensing terms of any Third-Party Services or products that are made available to you within the PEG Services. If PEG notifies you of any reporting or compliance obligations to the Third-Party provider, it is your obligation to report your own usage and comply with any licensing terms. PEG will not and does not monitor your compliance. Notwithstanding the foregoing, if any such Third-Party provider finds you (or any of PEG’s customers) non-compliant with the Third Party’s agreement or obligations, PEG reserves the right to terminate the Services or Account of the non-compliant customer, without giving any advance notice. You agree and understand that PEG may and will share all available Customer data with the applicable Third Party if contractually obligated. (b) Third-Party Sites and Links. The Services may also be linked to other websites that are not PEG properties (collectively, “Third-Party Sites”). You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than PEG, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. PEG does not verify, make any representations or take responsibility for any Third-Party Site, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT PEG WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Services to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply PEG's endorsement or recommendation. (c) Bring Your Own License. Bring Your Own License (“BYOL”) is the process by which you bring your previously purchased licenses to run on our cloud (“PEG Cloud”). Our deployment model has options to meet platform licensing needs, i.e. you can use licenses provided by us or you can bring your own. When you BYOL, any licensing costs of the product you bring is removed from the price of the instance, and you are solely responsible for managing your licenses. PEG is a Microsoft Authorized Mobility Partner (AMP) and participates in Microsoft Software Assurance program. The License Mobility program is part of Microsoft Software Assurance and allows you to bring specific Microsoft product licenses to a new cloud infrastructure. Please visit the Microsoft Product Terms at http://www.microsoft.com/licensing/about-licensing/product-licensing.aspx to view a full list of eligible products. All PEG customers using License Mobility through Microsoft Software Assurance are required to complete the license verification process. Once completed, Microsoft will validate that you have eligible licenses with active Software Assurance. To start the verification process and review additional details, please go to: https://www.microsoft.com/en-us/licensing/licensing-programs/software-assurance-license-mobility.aspx. Please be aware that in every instance, now or at a future time, verification must be completed within ten (10) days of deploying eligible Microsoft Server Application Instances. Upon successfully completing and submitting the verification process, Microsoft will provide confirmation to you and to PEG. When completing the verification submission form, please submit it via email to Microsoft at: electagr@microsoft.com and copy PEG at: support@petaexpress.com. Eligible Microsoft server applications can be deployed on the PEG Cloud using existing active licenses through the Software Assurance program. This option allows you to move your existing work environments more conveniently to the PEG Cloud, without any additional Microsoft software licensing fees. This licensing feature is available to Microsoft Volume Licensing customers with eligible server applications covered by active Microsoft Software Assurance (SA) contracts. For further guidance and details, please review the License Mobility & Software Assurance guidelines at Microsoft License Mobility. Your acceptance of these terms is your acknowledgment of the requirements to complete the Microsoft License mobility verification.
14. THE PEG MARKETPLACE
As part of our Services we may offer access to our online marketplace (the “PEG Marketplace”) for third-party and proprietary cloud and downloadable software applications, plugins and extensions (the “Apps”) that are designed to interoperate with our Services, software and cloud offerings. Please refer to our App Marketplace Terms as these may be amended from time to time, before downloading or using Apps from our PEG Marketplace. The App Marketplace Terms are hereby incorporated by reference.
15. INTELLECTUAL PROPERTY RIGHTS
(a) The Services and all proprietary and intellectual property rights embodied and practiced therein, including the look-and-feel of the Site, are and shall remain PEG's property (or the property of PEG's licensors). Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner PEG's company names, logos, product and service names, trademarks or services marks or those of PEG's licensors. There are no licenses by implication. If you breach any of these Terms, the above license will terminate automatically and you must stop using the Services and immediately destroy any Materials downloaded or printed from the Service. (b) All Services provided by PEG may only be used for lawful purposes. (c) As between You and PEG, PEG acknowledges that it claims no proprietary rights in or to Your Content. You hereby grant to PEG 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 PEG to perform its obligations under these Terms. (d) In connection with performance of the Services and at the sole discretion of PEG, PEG 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 PEG or its suppliers under these Terms, domain names, electronic mail addresses and other network addresses assigned to You, and other know-how, methodologies, equipment, and processes used by PEG to provide You with the Services. Subject to these Terms, PEG hereby grants You a limited, revocable, non-transferable, non-exclusive license to use the Materials solely in connection with the Services. This license terminates when these Terms terminate. As between You and PEG, You acknowledge and agree that PEG owns all right, title, and interest or otherwise has acquired all applicable licenses for the Materials, and all copyright, trade secret, patent, trademark and other intellectual property rights therein. Any use of the Materials after termination of these Terms is not licensed and strictly prohibited. You agree that You will not upload, transmit, reproduce, distribute or in any way exploit any Materials obtained through the Services without first obtaining express written permission to do so from PEG. (e) 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. (f) 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.
16. ADDITIONAL PROVISIONS REGARDING THE SERVICES
16.1 Back ups & data loss. You agree that Your use of PEG's Services is at Your own risk, and that PEG is not liable for any data loss in connection with its Services. You are solely responsible for creating backups of Your Content. If, during Our own routine maintenance, We do create a backup of Your Content which You later request Us to restore to Your account, We cannot guarantee that we will be able to do so, or that Your Content will be unharmed as a result of the initial data loss or the subsequent restore procedure. To that end, We highly recommend that You establish Your own routine backup procedure and that You periodically test restoring files from Your backup media to ensure that You are making viable backups. Should you wish for PEG to provide you with routine backup services, in addition to the Services provided under these Terms, please Contact Us. We offer many different backup solutions as an add-on service to Our regular Services, and all such services are provided through a separate, written agreement. 16.2 Resource Usage. PEG reserves the right to suspend services or disable accounts if the account unduly stresses system resources. PEG will advise You of a temporary block placed on any account found to be consuming an inordinate amount of system resources, to the point of degrading overall system performance. 16.3 Security. Any violation of the security to the Services is prohibited and may result in criminal and civil liability. Unauthorized Access of the servers used to provide the Site, Services, and/or Materials (the "Servers") is strictly prohibited and is a violation of these Terms and the AUP. You agree not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware or software, compromising the Servers, or for any other unauthorized use commonly known as "hacking." In the event You are involved in any violation of system security, We reserve the right to release information about You to system administrators at other sites in order to assist in resolving security incidents, and We shall also cooperate with any law enforcement agency investigating a criminal violation of system, cyberthreats, or network security. Additionally, any violation of these security provisions may, at Our sole discretion, be grounds for Termination for Cause of Your Account as per these Terms. 16.4 Bandwidth usage. Your monthly bandwidth allowance is determined by the specific package for which You sign up. If Your account exceeds Your monthly allowance, we reserve the right to charge you overage fees.
17. HIPAA SERVICE OFFERING AND YOUR OBLIGATIONS
As part of our Services, we may offer Virtual Private Servers that are configurable for compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH”) (collectively, the “Configurable HIPAA Server”). You agree that at all times You shall be compliant with HIPAA and HITECH requirements, as applicable, including full compliance when configuring your Configurable HIPAA Server. The steps You will need to take to comply with HIPAA and HITECH when using PEG will vary based on Your implementation. When contracting with PEG for this service, we will provide you with the applicable documentation, including a list of your obligations, and you agree and understand that you will undergo an architectural review before you can deploy your HIPAA Server, and that you will execute an acknowledgement with PEG to this effect. You are fully responsible for the security of data on Your HIPAA Server or otherwise in Your possession. You agree to comply with all applicable state and federal laws and rules in connection with Your collection, security, and dissemination of any protected health information (“PHI”) on Your HIPAA Server. If we believe that it is necessary based on Your implementation and we request it of You, then You will promptly provide us with documentation evidencing Your compliance with HIPAA and HITECH. You also agree that You will use only HIPAA compliant service providers in connection with the storage, or transmission of PHI. Information on the HIPAA rules can be found on the HHS website. It is Your responsibility to comply with these standards. As long as Your Account is active, You shall be responsible for managing, retaining and backing up any of Your Content. PEG does not have access to Customer Content stored within HIPAA Servers; nor do we provide backup services. Other than as required by applicable law or legal process or as otherwise agreed, PEG shall not be responsible for retaining a HIPAA Server or Your Content after account termination or for archiving purposes. You acknowledge that, unless you instruct us otherwise, all Content will be securely deleted by PEG after the account is terminated, subject to these Terms. We provide certification of destruction if required.
18. UPTIME GUARANTEE
PEG offers You a Service Level Agreement ("SLA") guaranteeing certain availability of Our Services. To be eligible for any credits to Your account, You must follow the specific procedures set forth in the SLA for notifying Us of Your desire for credits. You understand and agree that the failure to follow the procedure in the SLA within three (3) days of the triggering event will result in Your waiver of any right to receive credits. SLA credits expire one (1) year after issuance and are not redeemable for cash.
19. INTERACTIONS BETWEEN USERS
You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Service. PEG may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Service. PEG reserves the right, but has no obligation, to monitor or become involved in any way with these disputes. You will fully cooperate with PEG to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting PEG access to any password-protected portions of your Account. PEG reserves the right to restrict, suspend, or close your account if PEG determines, in our sole discretion, that doing so is necessary or in our best interests. If you have a dispute with one or more Users, you release PEG (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
20. NO WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. PEG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OTHER THAN AS EXPRESSLY SET FORTH HEREIN, PEG MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PEG MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. ANY STATEMENTS MADE REGARDING SUCH MATTERS IN PROMOTIONAL MATERIALS SHALL BE CONSIDERED ADVERTISING REFERENCES, AND NOT WARRANTIES. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. PEG HAS NO CONTROL OVER THE CONTENT OF THIRD-PARTY SERVICES. USE OF ANY THIRD-PARTY SERVICES WILL BE AT YOUR OWN AND SOLE RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF A SEPARATE AGREEMENT BETWEEN YOU AND THE THIRD PARTY. PEG MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEG OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY MARKETING OR PROMOTIONAL MATERIALS DESCRIBING THE SERVICES ON PEG'S WEBSITE. UNLESS OTHERWISE AGREED TO IN WRITING, PEG DOES NOT MAKE A BACK-UP OF YOUR SITE(S) AS PART OF THE SERVICES. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE A BACK-UP OF YOUR SITE(S) ON A REGULAR BASIS.
21. LIMITATION ON LIABILITY
YOU ARE SOLELY RESPONSIBLE FOR CONTENT, THE OPERATION AND SECURITY OF YOUR ONLINE PORPERTIES AND/OR CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. IN NO EVENT SHALL PEG BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO CONTENT, THE OPERATION OR SECURITY OF YOUR WEB-SITE AND/OR BUSINESS OR FAILURE TO OPERATE YOUR WEB SITE AND/OR BUSINESS. THIS SECTION APPLIES TO ALL CLAIMS BY YOU OR YOUR END USERS IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING THE CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, AND/OR MISREPRESENTATION. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL PEG, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE SERVICES ("AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (A) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (B) FOR LOSS OR INACCURACY OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION OR SIMILAR ACTION, EVEN IF PEG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; or (D) FOR YOUR USE OF ANY THIRD-PARTY SERVICES. THE TOTAL AGGREGATE AND MAXIMUM LIABILITY OF PEG AND THE AFFILIATES, ARISING FROM OR OTHERWISE RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO PEG DURING THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.
22. CALIFORNIA RELEASE
If you are a California resident, you waive California Civil Code § 1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold PEG and its Affiliates harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from (a) any breach of Your covenants under these Terms; (b) Your use of the Services; (c) any defamatory, libelous or illegal material contained within User Content or Your information and data; (d) any claim or contention that Your Content, Your information and data, or Your use of any Third-Party Services infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; (e) any third party's access or use of User Content or Your information and data; (f) any violation of the applicable Policies (see Sections 10 and 11). In the event of a claim under this section, PEG shall be permitted to select legal counsel to provide a defense to such claim. PEG reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from You, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of PEG, which shall not be unreasonably withheld.
24. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
Please read this carefully if you are a resident of the United States of America. It affects your rights. (a) Applicable Law. These Terms and any dispute that may arise between you and PEG shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of New Jersey, United States of America, excluding its rules regarding conflicts of law. You agree that any claim or dispute you may have against PEG must be resolved exclusively by a state or federal court located in Santa Clara County, California, USA, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California, USA for the purpose of litigating all such claims or disputes. (b) Dispute Resolution. Before either party may seek arbitration as provided below, the party must first send to the other party a written notice of dispute (“Notice") describing the nature and basis of the claim or dispute, and the requested relief. After the Notice is received, you and PEG may attempt to resolve the claim or dispute informally. If you and PEG do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding as provided below. (c) Arbitration. You agree that PEG may elect to resolve the dispute in a cost-effective manner through binding arbitration (including non-appearance-based arbitration). In the event PEG elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through the American Arbitration Association or another established alternative dispute resolution provider (collectively, “ADR”) chosen by PEG. The ADR provider and the parties must comply with the following rules: (i) at PEG’s option, the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, in which case the location of the arbitration shall be Santa Clara County, California, USA, and (iii) the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker's compensation law, unemployment insurance claims, intellectual property claims, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in Santa Clara County, California, USA and conducted by a single arbitrator knowledgeable in the subject matter of the dispute. Except as provided below, the party bringing the action shall be responsible for paying all costs for arbitration, including the arbitrator's fees. Each party shall bear its own attorneys' fees (except if the matter is for the collection of a debt owed, the prevailing party shall be awarded its attorneys’ fees, all arbitration costs and arbitrator fees, in addition to all other applicable remedies). The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms, and shall be bound by governing and applicable law. The arbitrator shall be willing to execute an oath of neutrality. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. (d) Waiver of Jury Trial. YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. In the event any litigation should arise between you and PEG in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. (e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER
25. EXPORTS
You understand and acknowledge that the software elements of the Materials may be subject to regulation by agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. You will not assist or participate in any such diversion or other violation of applicable U.S. laws and regulations. You warrant that You will not license or otherwise permit anyone not approved to receive controlled commodities under applicable U.S. laws and regulations and that You will abide by such laws and regulations.
26. GOVERNMENT RIGHTS
The software elements of the Materials have been developed at private expense and are "commercial computer software" or "restricted computer software" within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (i) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (ii) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense.
27. CONSUMER NOTICE
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services are provided by PEG TECH INC, LLC. If you have a question or complaint regarding the Service, please contact PEG’s Customer Services at support@petaexpress.com,Attention: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700 or online at https://www.dca.ca.gov/consumers/complaints/consumer.shtml.
28. ELECTRONIC COMMUNICATIONS
The communications between you and PEG use electronic means, whether you visit the PEG Site, send PEG e-mails, or use the Services or whether PEG posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from PEG in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that PEG provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Where PEG requires that you provide an e-mail address; you are responsible for providing PEG with your most current e-mail address. In the event that the last e-mail address you provided to PEG is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, PEG’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. Evidence of successful transmission shall be retained. Each of the parties agrees to the following for all electronic communications: (i) The user identification of a sender, contained in an electronic communication, is legally sufficient to verify the sender's identity and the communication's authenticity; (ii) An electronic communication sent by You containing Your user identification establishes You as its originator and has the same effect as a document with Your written signature on it; and (iii) An electronic communication, or any computer printout of it, is valid proof of the validity of the original document of the electronic communication.
29. GENERAL
These Terms together with our Privacy Policy and related notices, Acceptable Use Policy, Copyright Policy, Anti-Spam Policy, our SLAs, our Referral Program Terms, our App Marketplace Terms, any separate Contract we may have executed directly with you, and any Additional Terms that we may make available from time to time through our internet properties, constitute the entire agreement between you and PEG regarding your use of our Services and supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the rights nor obligations arising under these Terms are assignable by you. Any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction. PEG is an independent contractor; nothing in these Terms shall be construed to create a partnership, joint venture or agency relationship between the parties. Beginning upon commencement of the Services to You and continuing for a period of two (2) years after the termination of these Terms or after any other cancellation or termination of Your account or Services with Us, You agree not to directly or indirectly, solicit, hire, contract, or otherwise employ any PEG employee who was an employee during the term of these Terms (including the Initial Term and any successive terms), to work for You or any other firm, person or business, of whatever character, corporate or otherwise. Headings. Section and subsection headings of these Terms are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof. PEG shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of God; war, riot, embargoes, acts of civil or military authority, public health emergencies, pandemics, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software for so long as such event continues to delay PEG's performance.
30. CONTACT US
If you have any questions about these Terms or otherwise need to contact PEG for any reason, you can reach us at PEG TECH INC, 55 South Market Street, San Jose, CA 94024, USA, with a copy to abuse@petaexpress.com.
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