Terms of Service
As of May 4th, 2024
Other Languages / Translation
This document is authored in English, and it holds exclusive official status as the definitive version. In the event of any variance or discrepancy between this document and versions rendered in languages other than English, the content articulated within the English rendition shall prevail and take precedence without exception.



Introduction
Welcome to Digital Layer by Hongshin, Inc. These terms of use (referred to as the “Terms”) constitute a legal agreement between Hongshin, Inc., and its affiliates (“Digital Layer”, “we”, “us”, or “Hongshin”) and “you” (“Customer”, “your”, or “User”). They delineate the permissible usage of the services offered through our platform and website(s) (primary URL: digital-layer.com), encompassing all associated online properties linked by Hongshin, Inc. and/or its affiliated entities. This includes any software provided by Hongshin, Inc. for download or use, extending to mobile devices (collectively referred to as our “App(s)”). The scope of these Terms extends to encompass all textual content, data, information, software, visuals, proprietary materials, and more (collectively termed as “Materials”) that Hongshin, Inc. and/or its affiliates may furnish to you, in addition to any services rendered through this platform. Collectively, the platform, Materials, and services provided herein are denoted as the “Services.”

Using our Services indicates that you have read and agreed to the Terms. If you do not agree, do not use/access our Services.

1. Your Acceptance and Contractual Relationship
When you use our Services, you affirm that you meet the age requirements specified by your jurisdiction's laws or are lawfully capable of entering into contracts. If you lack the legal capacity to enter into contracts, you are prohibited from using our Services or providing any information to us.

If you're agreeing to these Terms on behalf of a business entity or organization, you confirm that you possess the legal authority and capacity to legally bind that entity or organization. Should you lack the authorization or legal standing to hold such authority, you personally assume full liability for the obligations outlined in these Terms.

2. Privacy
Please take a moment to review our privacy policy (referred to as the 'Privacy Policy'), detailing how we utilize the information you provide to us. The Privacy Policy is included herein by reference. Moreover, for California residents, we encourage you to refer to our California Privacy Notice, and for individuals residing in the European Economic Area (EEA), please consult our GDPR Privacy Notice before you register for our Services.

3. Modifications and Additional Terms
(a) Updates to Terms: We reserve the right to modify these Terms at any time by posting the revised version on our website and providing notice through our Services. In cases where legally required, we'll seek your explicit consent for these changes. Our notification will outline how you can accept or reject the modifications. Should you disagree with any updated Terms, you must discontinue using our Services. Unless specified by law, the updated Terms take effect on the day of posting.

(b) Service Changes: We may alter the Services without prior notice. If you object to these changes, your only recourse is to stop using the Services. Continued use following such alterations indicates your acknowledgment and satisfaction with the modified Services. We also reserve the right to discontinue any part of the Services without notice, and we won't be liable to you or any third party for exercising this right.

(c) Paid Subscriptions: For users under paid subscriptions, if we change previously agreed-upon service prices or substantially modify the services you pay for, we'll notify you as described in Section 3(a) above. These changes become effective after your current subscription expires or terminates. If you disagree with these changes and notify us accordingly, we won't automatically renew your subscription, even if you previously opted for automatic renewal.

(d) Additional Terms: Certain Services may have specific terms of use ("Additional Terms") provided when you opt to use those features. By using such features, you agree to be bound by the applicable Additional Terms. In cases where Additional Terms conflict with these Terms, the Additional Terms take precedence.

(e) Executed Contracts: If you've entered into a separate signed agreement ("Contract") with us for services, that Contract supersedes these Terms. In instances of conflict between these Terms and the Contract, the Contract prevails. If the Contract doesn't cover specific provisions mentioned in these Terms, these Terms will apply in addition to the Contract.

4. Users
(a) Visitors: Visitors can browse the Site under these Terms but won't have complete access to the Services until they become "Registered Users."

(b) Registered Users and Accounts: To access specific features, you must become a "Registered User" by creating an account ("Account"). As a Registered User, you control what information you choose to make public. By registering, you confirm that you are permitted to use the Services according to these Terms, the laws of the United States, your place of residence, or any relevant jurisdiction.

(c) Registration Data: By signing up, you agree to: (i) provide accurate, current, and complete information in the registration form ("Registration Data"); and (ii) maintain and promptly update this information. You agree that all communication between us will occur through the email address you provide. Providing false or incomplete information may result in the suspension or termination of your Account. You agree not to create an Account using false information or identities. You also agree not to hold more than one Account at any time, create an Account for someone else without authorization, or create an Account if previously removed or banned from Digital Layer services.

(d) Account Management: Upon registration, you'll choose a login (email) and password for access and modifications. You're responsible for maintaining password confidentiality and all activities under your Account. We may conduct an Account verification process. Notify us immediately of any unauthorized Account use or security breaches. We reserve the right to monitor and request changes to insecure or inappropriate usernames, or terminate your Account. We also reserve the right to reclaim usernames for reasons including third-party rights claims. Ensure our domains (e.g., "digital-layer.com", and/or “hongsh.in”) aren't blocked by any spam filters you or your mail provider use. You're accountable for security measures for your site(s), domains, content, data, and customer/end-user information hosted through our Services. This includes managing updates, security patches, installed software/utilities, files, and configurations provided by Digital Layer for security purposes.

5. Services
Upon initial registration, you'll select the desired service plan(s) from the available Services (each a "Subscription"). All Service Subscriptions are subject to Our formal acceptance. Your Subscription is considered accepted when We provide confirmation. We reserve the right to refuse Services for any reason. Despite Our Uptime Guarantee, We may interrupt Service access for regular or emergency maintenance. You can order additional Services at any time by agreeing to pay the current fees. All provided additional services fall under the definition of "Services" in these Terms and are subject to availability and these Terms.

As long as you comply with and agree to these Terms, you have the right to use the Services. These Terms apply to all Service Users, including Visitors and Registered Users who contribute User Content. The Services are licensed for use, not sold, to you.

(a) Limited License: The Services are protected by global copyright laws. Subject to your agreement and compliance with these Terms and other Our policies, We grant you a limited, non-transferable, non-sublicensable, revocable license, as outlined below, to use the Services and/or download Apps or client-software on a device you own or control, solely for your internal business or individual purposes. Using the Services for other purposes is prohibited.

(b) Restrictions: You may not: (i) remove any copyright, trademark, or other proprietary notices; (ii) reproduce, modify, distribute, license, sell, or exploit the Services, except as expressly permitted; (iii) decompile or reverse-engineer the Services, except where permitted by law; (iv) link to, mirror, or frame any part of the Services, except as expressly permitted; (v) perform data mining or impair Service functionality; or (vi) attempt unauthorized access to or interfere with the Services or associated systems/networks.

6. Subscriptions and Cancellations
(a) Subscriptions: Your Subscription or the commencement of Services starts upon confirmation to you and receipt of lawful funds, whichever occurs earlier. The length of the initial Subscription term is your choice and is indicated when you subscribe to Our Services. You cannot terminate the Subscription during the Initial Term (and any renewals) except in the event of a breach by Us. Following the Initial Term, the Subscription automatically renews for successive terms equal in length to the Initial Term, unless terminated or canceled by either party as described herein.

(b) Pricing: Subject to Section 3(c), We reserve the right to change prices for paid Subscriptions at any time and do not offer price protection or refunds in the case of promotions or price decreases. Pricing changes become effective after your then-current Subscription expires or terminates. If We provide Services to you after your Subscription terminates, the amount you previously paid does not determine future amounts. It's your responsibility to check Our Site for plan or price changes. We don't automatically update Your Subscription plan. Upgrades or downgrades require your request and may involve fee modifications or service reactivation.

(c) Automatic Renewal Terms: Paid Subscriptions include automatic renewal terms. We'll automatically renew your paid Subscription for the chosen Subscription Term, and charge your Account on the anniversary of the initial charge, as authorized during sign-up (unless canceled before the anniversary date). Each renewal period is for the same Term as the prior one, unless otherwise agreed. Cancellation results in Service access termination at the end of your then-current Subscription Term.

We reserve the right to modify pricing with advance notice to you (except for your then-current Subscription Term). Failure to cancel or turn off auto-renew after notice will result in auto-renewal at the indicated price.

(d) Cancellation Terms: You can cancel your Subscription at any time, effective at the end of your then-current Subscription Term. Subscription fees are non-refundable, and you'll be charged until the end of the Term. Unused days aren't eligible for prorated refunds. Contact us at support@hongsh.in for cancellation 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 Our 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 Our 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 Us to charge said payment method at regular intervals subject to Your particular Subscription. We reserve the right to contract with a third party to process all payments. Such 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, We reserve 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. We are 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 We should receive less than full payment of the Fees due to taxes, bank charges, transfer fees, or the like, We 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 Our 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 We, at Our 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 We cannot charge your payment method for any reason, We reserve 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, We 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 Ours 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 enabling users to earn service credits and rewards ("Rewards") on their Accounts. Before participating in our Rewards program, please refer to our Referral Program Terms, which may be amended periodically. The Referral Program Terms are hereby incorporated by reference.

9. Termination
(a) We reserve the right to terminate your Subscription at any time, for any reason or no reason ("Termination without Cause"). In such cases, we'll provide You with thirty (30) days' written notice before discontinuing Services. If We cancel your Subscription, except for Termination without Cause, We won't refund any fees paid or prepaid in advance of such cancellation, and You're responsible for all fees and charges accrued before the effective date of cancellation. If We terminate the Agreement for cause, all prepaid Fees are forfeited and non-refundable. Termination of your Subscription doesn't relieve You of Your obligation to pay any Fees accrued or payable to Us before the effective date of termination.

(b) In addition to Our right to terminate your Subscription elsewhere in these Terms, We may terminate your Subscription immediately if, based on Our sole judgment, We determine that You or any of Your end users: (i) breached the Acceptable Use Policy ("AUP") or Anti-Spam Policy, (ii) infringed or violated any intellectual property right or privacy or publicity right of a third party, (iii) failed to comply with any applicable law, statute, or regulation, (iv) uploaded, published, or disseminated any content which We consider illegal or high risk, or (v) breached these Terms. We're not obligated to monitor or review Your Content (defined in Section 12) at any time. You're solely responsible for Your Content and any resulting liability.

(c) Termination ends Your access to the Services and Your license to the Materials. We're not liable to You or any third party for termination of Services permitted under these Terms. Upon termination, We may maintain copies of Your data for archival purposes but aren't obligated to do so. We may impose an early termination charge for Services terminated before the billing cycle's last day.

(d) If either party cancels or terminates your Subscription, You're solely responsible for securing a replacement service provider and moving all data to the new provider.

(e) We won't be liable to you for any suspension or termination, including content deletion. Provisions of the Terms, including ownership, warranty disclaimers, and liability limitations, will survive termination. You can close your Account using the Services' feature or by emailing us at support@hongsh.in. We'll 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. These policies regulate prohibited and/or acceptable practices related 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
We do not permit copyright-infringing activities and infringement of intellectual property rights on the Services. Pursuant to the safe-harbor provisions provided by the Digital Millennium Copyright Act of 1998 (“DMCA”), we will remove User Content if properly notified that such User Content infringes on another's intellectual property rights (please refer to our Copyright Policy). We reserve 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, audiovisual 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. 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 have full responsibility for its legality, reliability, and appropriateness while using the Services. You hereby grant us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license to use, reproduce, process, adapt, publicly perform, display, modify, prepare derivative works, publish, transmit, and distribute each of your User Content, or any portion thereof, in any form or medium for the purpose of providing the Services.

(b) We do not actively monitor Content hosted by us. However, we, at our discretion, may electronically monitor our network and disclose any content or records concerning Your Account as necessary to satisfy any law, regulation, or governmental request or to operate Our network. We will investigate complaints of a violation of a third-party right or of the AUP, and will cooperate with law enforcement authorities if illegal activities are suspected. We are not liable for actions taken to remove or restrict access to the Services for any alleged violation of the AUP or exercising our rights under the Telecommunications Act of 1996 or under the DMCA.

(c) We reserve the right to immediately terminate Your Account and access to the Services and these Terms for cause if Your conduct violates our Policies (See Section 10) or if any of Your end users' conduct violates such Policies. We will report to the CyberTipline any apparent violations of federal laws concerning child pornography. We prohibit child pornography and will terminate any Account hosting or linking to such content immediately upon notification or detection.

(d) You are responsible for preventing minors from accessing inappropriate material on Your site. We operate as an interactive computer service provider under the Communications Decency Act and are immune from claims arising from User Content.

12.2 Specific Requirements for Service Providers and User-Generated Content Subscribers
(a) If You use Our Services for a 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 a "Service Provider" and must comply with certain provisions:

Notify Us of all domains, web pages, or IP addresses for which You act as a Service Provider.
Comply with the DMCA by designating an agent for copyright infringement notices and publish a link to a DMCA Notice and Takedown Policy on any website for which You are a Service Provider.
Provide Us with a current link to Your DMCA Notice and Takedown Policy and update Your Designated Agent contact information.

(b) You understand and agree that we may disable public access to any files or data under Your control if identified in a substantially-compliant DMCA notice or when infringing on copyrights or other intellectual property rights of third parties. Failure to maintain compliance shall constitute a material breach of these Terms.

(c) Nothing herein constitutes legal advice, and You are responsible for compliance with all applicable laws.

12.3 Content that You Make Publicly Available
(a) In addition to the license granted in Section 12.1(a), You authorize others to use the User Content that you publicly share through the Services.

(b) You may delete or request deletion of your User Content at any time, unless shared with others or stored by other Users.

(c) Your personally identifiable information in User Content is used in accordance with Our Privacy Policy. You acknowledge that User Content submissions are voluntary.

(d) We may modify or adapt your User Content for transmission or distribution over computer networks.

(e) Ratings and Feedback submitted by You may be used by us for various purposes without attribution or compensation to you.

(f) Our forums act as intermediaries for User communications and are not responsible for User misuse or misappropriation of content or information.

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 Our Services. We may, in Our sole discretion, help facilitate Your use of such Third-Party Services in connection with Our Services; however, You acknowledge and agree as follows: (i) You are solely responsible for purchasing or licensing Third-Party Services as 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, recognizing that the terms governing such fees (including any price adjustments) are not necessarily within Our control, even if payment is facilitated through Our Services; (iv) regardless of Our assistance, You are solely responsible for installing and maintaining any Third-Party Services at Your expense; and (v) WE SHALL NOT BE LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES, and any assistance provided by Us 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 Us, are solely responsible for your compliance with the licensing terms of any Third-Party Services or products made available to you within Our Services. If We notify 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. We will not and do not monitor your compliance. However, if any such Third-Party provider finds you (or any of Our customers) non-compliant with the Third Party’s agreement or obligations, We reserve the right to terminate the Services or Account of the non-compliant customer without giving any advance notice. You agree and understand that We 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 Our properties (collectively, “Third-Party Sites”). You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms and conditions, and/or user guides and business practices than Us. You further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy, terms and conditions, and/or user guides. You hereby agree to comply with any and all terms and conditions, user guides, and privacy policies of any Third-Party Sites. We do 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 WE 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 Our 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 service. Our deployment model has options to meet platform licensing needs; you can use licenses provided by us or bring your own. When you BYOL, any licensing costs of the product you bring are removed from the price of the instance, and you are solely responsible for managing your licenses.

14. User Control Panel
As an integral component of our Services, we provide access to our user control panel tailored to work seamlessly with our Services, software, and cloud offerings. Prior to downloading or utilizing Apps from our User Control Panel, please consult our Terms, which may be periodically updated. The Terms are hereby referenced and incorporated into this agreement.

15. Intellectual Property Rights
(a) The Services, along with all proprietary and intellectual property rights integrated into and practiced within them, including the Site's appearance and functionality, remain the property of us. Neither these Terms nor your use of the Services confer or grant any rights to you: (i) concerning the Services apart from the limited license mentioned earlier; or (ii) to utilize or reference our company names, logos, product and service names, trademarks, or service marks in any way. There are no implied licenses. Breaching any of these Terms will automatically terminate the above license, requiring you to cease using the Services and promptly destroy any Materials obtained from the Service.

(b) All Services provided by us are exclusively for lawful purposes.

(c) Between You and Us, We recognize no proprietary rights in or to Your Content. You grant us a non-exclusive, global, royalty-free license to copy, create derivative works, display, perform, use, broadcast, and transmit Your Content solely for your benefit and to enable us to fulfill its obligations under these Terms.

(d) In relation to the Services, We may, at its sole discretion, provide You with certain Materials, which may include computer software (in object code or source code form), data, documentation, information developed or provided by us or its suppliers under these Terms, domain names, electronic mail addresses, and other network addresses assigned to You, and other proprietary information used by us to offer You the Services. Subject to these Terms, We grant You a limited, revocable, non-transferable, non-exclusive license to use the Materials solely in connection with the Services. This license ends upon the termination of these Terms. You acknowledge and agree that we own or have obtained all applicable licenses for the Materials, including all copyright, trade secret, patent, trademark, and other intellectual property rights. Using the Materials after the termination of these Terms is not permitted and strictly prohibited without express written permission from us.

(e) Should the need arise for us to engage an Attorney or other individual to collect liquidated damages or any monetary amounts from You, or if We need legal assistance to pursue injunctive relief against You or file an ICANN complaint against You for the transfer of an offending URL to us, You agree to reimburse Us for all fees incurred for these purposes.

(f) You understand that even nominal damages may involve substantial legal fees, travel expenses, costs, and other amounts that may surpass the liquidated damages themselves. You agree to cover all these fees and costs.

16. Additional Provisions Regarding The Services
16.1 Backups & Data Loss
Your use of Our Services is at Your own risk, and We are not liable for any data loss in connection with Our Services. You are solely responsible for creating backups of Your Content. 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. We highly recommend that You establish Your own routine backup procedure and periodically test restoring files from Your backup media to ensure viable backups. If you wish for us to provide routine backup services, please Contact Us.

16.2 Resource Usage
We reserve the right to suspend services or disable accounts if an account unduly stresses system resources. We will advise You of any temporary block placed on an account found to be consuming an inordinate amount of system resources, causing degradation in overall system performance.

16.3 Security
Unauthorized access of the servers used to provide the Site, Services, and/or Materials is strictly prohibited. Any violation of system security may result in criminal and civil liability. We reserve the right to release information about security incidents to assist in their resolution, including cooperating with law enforcement agencies. 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.

16.5 Publicity
You grant us the non-exclusive, royalty-free, worldwide right and license to add your name, trademark, and company logo (“Customer Marks”) to our customer lists, websites, and marketing materials for the purpose of denoting your status as a customer and/or user. You can opt-out of this use by contacting us at legal@hongsh.in. However, nothing herein will limit our ability to use such Customer Marks as otherwise permitted under relevant law.

17. HIPAA Service Offering and Your Obligations
As part of our Services, we offer Virtual Private Servers that can be configured 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 You shall maintain compliance with HIPAA and HITECH requirements at all times when utilizing the Configurable HIPAA Server.

The steps required for HIPAA and HITECH compliance will vary based on Your implementation. Upon contracting with us for this service, we will furnish You with applicable documentation, including a list of Your obligations. You acknowledge and agree that an architectural review will precede the deployment of Your HIPAA Server, and You will execute an acknowledgment with us to confirm this process.

You bear full responsibility for the security of data on Your HIPAA Server or otherwise in Your possession. Compliance with all applicable state and federal laws and rules concerning the collection, security, and dissemination of any protected health information (“PHI”) on Your HIPAA Server is your responsibility. Upon our request, if we deem it necessary based on Your implementation, You will promptly provide documentation evidencing Your compliance with HIPAA and HITECH. Additionally, You commit to using only HIPAA-compliant service providers for the storage or transmission of PHI. Information on the HIPAA rules can be found on the HHS website, and compliance with these standards is Your obligation.

Throughout the active tenure of Your Account, You are responsible for managing, retaining, and backing up any of Your Content. Please note that we do not have access to Customer Content stored within HIPAA Servers, nor do we provide backup services for such content. Unless required by applicable law or legal process or as otherwise agreed, we shall not retain a HIPAA Server or Your Content after account termination for archiving purposes. Upon account termination, all Content will be securely deleted by us, subject to these Terms. We can provide certification of destruction if required.

18. Uptime Guarantee
We do offer a Service Level Agreement ("SLA") guaranteeing certain availability of Our Services. However, please note that the SLA is not automatically included in every contract and may require specific terms or arrangements.

To be eligible for any credits to Your account as per the SLA, You must follow the specific procedures outlined in the SLA to notify Us of Your request for credits. It’s important to understand and agree that failure to adhere to the procedure within three (3) days of the triggering event will result in a waiver of any right to receive credits. Additionally, please note that 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 our services and any other parties with whom you interact through the service. We may limit the number of connections you may have to other users and may, in certain circumstances, prohibit you from contacting other users through the use of our services or otherwise limit your use of the service. We reserve the right, but have no obligation, to monitor or become involved in any way with these disputes. You will fully cooperate with us to investigate any suspected unlawful, fraudulent, or improper activity, including, but not limited to, granting us access to any password-protected portions of your account. We reserve the right to restrict, suspend, or close your account if we determine, 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 us (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 our services is at your sole and exclusive risk. The services are provided on an "as is, with all faults" and "as available" basis. We expressly disclaim 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, we make no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error-free; nor do we 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.

We have 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.

We make 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 us 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 our website.

Unless otherwise agreed to in writing, we do not make a backup of your site(s) as part of the services. Accordingly, we encourage you to make a backup 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 properties and/or conduct of your business and all other matters under your control. In no event shall we be liable to you for any damages arising from or related to content, the operation, or security of your website and/or business or failure to operate your website 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 we, 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 we have 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 ours 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 us during the six (6) months prior to the accrual of the cause or causes of action.

22. California Release
If you're a California resident, you waive the rights granted by California Civil Code § 1542, which states that a general release does not include claims the creditor isn't aware of or suspects exist when the release is executed and which, if known, might have impacted the settlement with the debtor.

23. Indemnification
You agree to protect, compensate, and keep We, Our, and Us, along with our connected parties, safe from any claims or legal responsibilities. This includes costs for lawyers and specialists, arising from (a) not following the Terms; (b) using Our services; (c) any harmful content in Your data; (d) claims that Your content or use of external services violates someone's rights; (e) others accessing Your data; (f) violating Our policies (refer to Sections 10 and 11). If such a claim arises, We have the right to choose legal support. We may also join the defense at Our cost but are not obliged to. You can't settle such a claim without Our written consent, which We won't unreasonably withhold.

24. Dispute Resolution and Arbitration; Class Action Waiver.
If you're a resident of the United States, this section concerning dispute resolution and arbitration applies to you.

(a) Governing Law. These Terms and any disputes between you and Us will be governed by the Federal Arbitration Act, federal law, and the laws of the State of New Jersey, excluding conflict of law principles. Any claim against Us must be resolved exclusively in a state or federal court in Palm Beach County, Florida, unless otherwise agreed upon or specified in the Arbitration section below. You agree to the jurisdiction of the courts in Palm Beach County, Florida for such claims.

(b) Dispute Resolution. Before seeking arbitration, the party must provide a written notice of dispute ("Notice") to the other party, detailing the nature of the claim and the relief sought. After receiving the Notice, both parties may attempt informal resolution. If the dispute remains unresolved for thirty (30) days after the Notice, either party may initiate arbitration.

(c) Arbitration. We may opt for binding arbitration to resolve disputes. In that case, any claims will be moved to an arbitration process administered by the American Arbitration Association or an alternative dispute resolution provider chosen by Us. The arbitration may be conducted by phone, online, or based on written submissions, as chosen by the initiating party. The arbitration won’t involve personal appearances unless mutually agreed, with the location in Palm Beach County, Florida. Arbitration excludes claims for injunctive relief. Arbitral Claims include contract and tort claims based on laws or regulations, except specific exemptions. The arbitration shall be conducted in Palm Beach County, Florida, by a single arbitrator. Each party is responsible for its own attorney fees, except for debt collection claims where the prevailing party will be awarded its fees and all arbitration costs. The arbitrator cannot award punitive damages, certify class actions, modify these Terms, and must comply with governing law. The arbitrator shall provide a written opinion within thirty (30) days of concluding the arbitration.

(d) Jury Trial Waiver. You waive your right to a jury trial and agree to resolve disputes with Us in court by a judge.

(e) Class Action Waiver. All disputes under these Terms must be handled individually, not on a class basis, and can’t be consolidated with claims of other users.

25. Exports: Compliance with U.S. Laws and Regulations
You acknowledge that certain software components within the Materials may be regulated by the U.S. Government agencies, like the U.S. Department of Commerce, which restricts software export to specific countries and entities. You agree not to facilitate or engage in any diversion or infringement of relevant U.S. laws and regulations. You affirm that you won’t license or authorize anyone not permitted under applicable U.S. laws to receive controlled commodities and that you'll comply with these regulations.

26. Government Rights Regarding Software Elements
The software components in the Materials have been created privately and fall under the category of 'commercial computer software' or 'restricted computer software' as defined by the FARs, the DFARs, and other analogous regulations governing government acquisition of computer software. Nothing herein shall: (i) confer upon any government agency any rights or licenses beyond those stipulated by law or regulation for commercial computer software wholly developed using private funds, or (ii) limit any government rights to extensions or customized solutions developed at government expense and provided herein.

27. Consumer Notice for California Residents
Under California Civil Code Section 1789.3, California users hold specific consumer rights regarding the Services offered by Hongshin, Inc. For inquiries or concerns about the Service, please contact Our Customer Services at support@hongsh.in, Attention: Customer Service. California residents can also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Sacramento, CA 95834, by phone at (916) 445-1254 or (800) 952-5210, for the 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 Agreement
By engaging with Our Site, using Services, or receiving communications from us via email or notices posted on the Site, you acknowledge the use of electronic means for communication. You agree: (1) to receive communications from us in an electronic format for contractual purposes; and (2) that all terms, agreements, notices, disclosures, and communications from our satisfy legal requirements as if in writing. This acknowledgment does not affect your statutory rights. You are responsible for providing your current email address to us, and if the provided address is invalid, our dispatch of emails containing required or permitted notices will constitute effective notice. Both parties agree: (i) a sender’s user identification in an electronic communication verifies the sender's identity and authenticity of the communication; (ii) Your user identification in an electronic communication establishes you as its originator as a document bearing your written signature; and (iii) An electronic communication, or its computer printout, serves as valid proof of the original document's validity.

29. General Terms and Conditions
Our failure to enforce any right or provision in these Terms does not waive that right or provision. Should any part of these Terms be deemed unlawful, void, or unenforceable, it will not affect the validity or enforceability of the remaining provisions, which will remain in effect. Your rights and obligations under these Terms cannot be assigned, while we retain the right to assign these Terms without restriction. We operate as an independent contractor; no clause in these Terms establishes a partnership, joint venture, or agency relationship between the parties. For a period of two (2) years following the termination of these Terms or after the cancellation or termination of your account or Services with Us, you agree not to solicit or employ any of our employees who worked during these Terms. Section and subsection headings are provided for convenience only and do not constitute part of the agreement. We will not be liable for any failure to perform due to unforeseen circumstances or causes beyond its control, including acts of God, war, public health emergencies, natural disasters, labor shortages, infrastructure failures, or cyber-related incidents, among others. We may update the Terms at any time for any reason, and it is your responsibility to review and read the updated Terms. If you are using our Services even after 7 days from the date the Terms were updated, you are deemed to have read and agreed to the updated Terms. You can check the updated Terms on our main website or request them by emailing us.

Contact Information
If you have any questions regarding our Privacy Notice, please contact us at:

Hongshin, Inc.

3015 HICKORY GROVE CT
Fairfax, VA 22031

along with a copy sent to legal@hongsh.in.