Terms and Conditions
Version 0.3
These terms of use (the “Terms” or “Agreement”) govern your access to and use of our website, cloud.thinktub.in website (the “Website”) that is provided by ThinkTub Interactives OPC Pvt. Ltd. (“us”, “we”, “our” or “ThinkTub”) and you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member”. If YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT USE THE WEBSITE. The term “User” refers to a Visitor or Member or Customer in this Agreement. Please note that our privacy policy forms part of our terms of use.
Changes to our terms of use
We may amend these terms of use from time to time, and the revised version will be effective when displayed here in the Website. ThinkTub reserves the right to modify, change or discontinue any aspect of this Website or the services, including without limitation prices and fees for the same, at any time.
Reliance on information
This Website, and all of the material within it, has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While we aim to ensure that the information is correct at the date on which it is added to the Website, the legal position can change frequently, and content will not always be updated following any relevant changes. Please email us at legal.support@thinktub.live for any queries – we would be happy to help.
Eligibility
(1) The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
(2) If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
(3) You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms ("Registration Data"); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to us, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
(4) You acknowledge and accept that despite the security measures we take in connection with the Services, our Website and/or subscriber or user’s websites may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, we may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that we shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all subscriber or user content and subscriber or user websites.
Our liability
We will use our reasonable endeavours to ensure that the information on our Website is accurate. However, you acknowledge and agree that cloud.thinktub.in and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our Website.
Links to our website
You may create a hypertext link to any pages on our Website. However, we may change the structure of our Website without notifying you so any links you create may become out of date.
Misuse of our website
You agree not to reverse engineer, hack, decompile, copy or adapt any software or other code or scripts forming part of our Website nor attempt to transmit to or via our Website any information that contains a virus, worm, trojan horse, or other harmful or disruptive component. ThinkTub may terminate your use of services for any breach of this Terms or violation of applicable laws (locals and nations laws). ThinkTub reserves the right to refuse or suspend service and/or access to its servers to anyone. The services provided by ThinkTub shall be used for lawful purposes only.
User Responsibilities
(1) Your use of Website and services, including any content you submit, will comply with this Agreement, any applicable services Agreement or policy that may apply to your services and all applicable local, state, national and international laws, rules and regulations.
(2) You shall not collect or harvest (or permit anyone else to collect or harvest) any User content or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. ThinkTub shall have no liability for any user content irrespective of whether you are availing our Services directly or indirectly including any illegal or suspicious activities found in the user content and you shall indemnify ThinkTub for the same.
(3) You shall not use this Website or the services in a manner (as determined by ThinkTub in its sole and absolute discretion) that is illegal or promotes illegal activity including pornography, violence against people, animals or property, child sexual abuse, human trafficking, network hacking and cracking, any abusive or fraudulent activities, infringement of intellectual property of any third-party or another User or entity.
(4) You shall not use this Website or services for bitcoin mining or any other cryptocurrency mining.
(5) Phishing & Copyright Content (based or found) Website strictly prohibited. You shall not use big brands name or famous name for buying web hosting or domain. If you breach this restriction, ThinkTub reserves the right to terminate services and no refund will be applicable in such event.
(6) You shall not violate the terms and conditions of this Agreement or any of the policies or agreements incorporated by reference herein and all the applicable laws.
(7) You shall defend, protect, indemnify and hold harmless ThinkTub against all claims, losses, expenses, damages, demands, causes of action or suits with respect to the infringement or violation of any trademarks, copyrights or any other intellectual property right of any person or entity (arising out of your acts and omissions).
Intellectual Property Rights
Material contained in our Website is the property of ThinkTub or its partners, except where otherwise stated. Except for subscriber or user content, all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "ThinkTub Content"), are the property of ThinkTub or its licensors. No ThinkTub Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any ThinkTub content. Any use of the ThinkTub Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the ThinkTub Content granted herein. All rights of ThinkTub or its licensors that are not expressly granted in this Agreement are reserved to ThinkTub and its licensors.
Passwords
If accessing any part of our Website requires you to enter a password, you agree:
• To ensure that any details that you supply to us to register for such access are accurate.
• To let us know promptly if any of the details about you that you have supplied to us change.
• To keep any personal login name and any password provided by us to you confidential, and to be responsible for any loss or damage resulting from use of your password by any third party.
• That we reserve the right to terminate your access to password protected areas of our website should we consider that your use of our website is detrimental to our Website or to other users.
Privacy policy
Any information you provide to us is subject to our Privacy Policy, which is incorporated into these Terms and governs our collection and use of your information. By using Website you consent to the collection and use of this information as provided in our Privacy Policy.
Third party services
The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. We are not responsible for the availability or lack of availability of such external websites or resources. If you choose to interact with the third parties made available through our Service, such third party’s terms shall govern their relationship with you. We shall not be liable or responsible for such third parties’ terms and actions. When you travel from our website to another website, whether through links provided on the website or otherwise, you will be subject to the privacy policies (or lack thereof) of these sites. We caution you to use good judgment and to assess the privacy policy of these sites before you provide any personal information. We have no control over, and therefore accept no responsibility for, the content of any third-party website.
Fee and Refund policy
1. For the services (VPS Hosting, Web Hosting, Email Hosting, SMS Service, Reseller Hosting, Domain Registration, etc.): 100% fees to be paid at the time of ordering the Service.
2. Refund policy is only applicable to web hosting and email hosting not for the reseller hosting and/or reseller program. Refund shall be made on a prorated basis deducting gateway charge; 2.36% gateway charges shall not be refunded. Notwithstanding anything to the contrary, refund policy under this Terms shall be applicable only to the services availing in India.
4. Any new User can cancel the first order within thirty (30) days from the date order is placed, to be eligible for the applicable refund policy. Please note we do not refund for cancellation of any renewal and the subsequent orders made by an existing Users. It is applicable to new Users and only to the first order made by such new Users.
For the avoidance of doubt: If new User places fist order (web hosting) and cancels it within thirty (30) days from
the date of order placed, refund shall be made as per the refund policy. After the cancellation of first order, if the
same User makes the second order (web hosting) and cancels this second order as well in such a case refund
shall not be provided.
It is your responsibility to familiarize yourself with this fee, cancellation, and refund policy. By
placing an order for any our services, you indicate that you have read this policy and that you
agree with and fully accept the terms of this fee, cancellation and refund policy. If you do not
agree with or fully accept the terms of this refund policy, we ask that you do not place an order
with us.
Fraud
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.
Compliance with Applicable Law
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us or our partners from our/their offices within India (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.
For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf.
Termination
1. Failure to pay. If you fail to pay the fees due for the Services, we may suspend or terminate your Services and pursue any collection costs incurred by ThinkTub including legal fees.
2. We may terminate your services immediately with no liability on ThinkTub, if you breach or violate any terms of this Agreement including applicable laws. In such event, we will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
HIPPA Disclaimer
The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. ThinkTub does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Subscribers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. ThinkTub does not sign “Business Associate Agreements,” and you agree that ThinkTub is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat.
Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns.
DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. ThinkTub PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AS TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ThinkTub DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
ThinkTub TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE, ANY MATERAIL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. ThinkTub DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOUR OR ANY OTHER USER, ON OR OFF THE SERVICE.
Indemnification
You agree to indemnify, defend and hold harmless the ThinkTub from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against ThinkTub arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement and the applicable laws; or (iii) any of your acts or omissions. The terms of this section shall survive any termination of this Agreement.
Limitation of Liability
We shall not be liable for non-performance or delay in performance caused by any reason, whether within or outside of its control. In no event will ThinkTub be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the services, or any subscriber content, subscriber website or other materials accessed or downloaded through the services, even if ThinkTub is aware or has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you or any party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the one (1) month fee paid by you to us for the services. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
These terms of use (the “Terms” or “Agreement”) govern your access to and use of our website, cloud.thinktub.in website (the “Website”) that is provided by ThinkTub Interactives OPC Pvt. Ltd. (“us”, “we”, “our” or “ThinkTub”) and you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member”. If YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT USE THE WEBSITE. The term “User” refers to a Visitor or Member or Customer in this Agreement. Please note that our privacy policy forms part of our terms of use.
Changes to our terms of use
We may amend these terms of use from time to time, and the revised version will be effective when displayed here in the Website. ThinkTub reserves the right to modify, change or discontinue any aspect of this Website or the services, including without limitation prices and fees for the same, at any time.
Reliance on information
This Website, and all of the material within it, has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While we aim to ensure that the information is correct at the date on which it is added to the Website, the legal position can change frequently, and content will not always be updated following any relevant changes. Please email us at legal.support@thinktub.live for any queries – we would be happy to help.
Eligibility
(1) The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
(2) If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
(3) You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms ("Registration Data"); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to us, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
(4) You acknowledge and accept that despite the security measures we take in connection with the Services, our Website and/or subscriber or user’s websites may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, we may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that we shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all subscriber or user content and subscriber or user websites.
Our liability
We will use our reasonable endeavours to ensure that the information on our Website is accurate. However, you acknowledge and agree that cloud.thinktub.in and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our Website.
Links to our website
You may create a hypertext link to any pages on our Website. However, we may change the structure of our Website without notifying you so any links you create may become out of date.
Misuse of our website
You agree not to reverse engineer, hack, decompile, copy or adapt any software or other code or scripts forming part of our Website nor attempt to transmit to or via our Website any information that contains a virus, worm, trojan horse, or other harmful or disruptive component. ThinkTub may terminate your use of services for any breach of this Terms or violation of applicable laws (locals and nations laws). ThinkTub reserves the right to refuse or suspend service and/or access to its servers to anyone. The services provided by ThinkTub shall be used for lawful purposes only.
User Responsibilities
(1) Your use of Website and services, including any content you submit, will comply with this Agreement, any applicable services Agreement or policy that may apply to your services and all applicable local, state, national and international laws, rules and regulations.
(2) You shall not collect or harvest (or permit anyone else to collect or harvest) any User content or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. ThinkTub shall have no liability for any user content irrespective of whether you are availing our Services directly or indirectly including any illegal or suspicious activities found in the user content and you shall indemnify ThinkTub for the same.
(3) You shall not use this Website or the services in a manner (as determined by ThinkTub in its sole and absolute discretion) that is illegal or promotes illegal activity including pornography, violence against people, animals or property, child sexual abuse, human trafficking, network hacking and cracking, any abusive or fraudulent activities, infringement of intellectual property of any third-party or another User or entity.
(4) You shall not use this Website or services for bitcoin mining or any other cryptocurrency mining.
(5) Phishing & Copyright Content (based or found) Website strictly prohibited. You shall not use big brands name or famous name for buying web hosting or domain. If you breach this restriction, ThinkTub reserves the right to terminate services and no refund will be applicable in such event.
(6) You shall not violate the terms and conditions of this Agreement or any of the policies or agreements incorporated by reference herein and all the applicable laws.
(7) You shall defend, protect, indemnify and hold harmless ThinkTub against all claims, losses, expenses, damages, demands, causes of action or suits with respect to the infringement or violation of any trademarks, copyrights or any other intellectual property right of any person or entity (arising out of your acts and omissions).
Intellectual Property Rights
Material contained in our Website is the property of ThinkTub or its partners, except where otherwise stated. Except for subscriber or user content, all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "ThinkTub Content"), are the property of ThinkTub or its licensors. No ThinkTub Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any ThinkTub content. Any use of the ThinkTub Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the ThinkTub Content granted herein. All rights of ThinkTub or its licensors that are not expressly granted in this Agreement are reserved to ThinkTub and its licensors.
Passwords
If accessing any part of our Website requires you to enter a password, you agree:
• To ensure that any details that you supply to us to register for such access are accurate.
• To let us know promptly if any of the details about you that you have supplied to us change.
• To keep any personal login name and any password provided by us to you confidential, and to be responsible for any loss or damage resulting from use of your password by any third party.
• That we reserve the right to terminate your access to password protected areas of our website should we consider that your use of our website is detrimental to our Website or to other users.
Privacy policy
Any information you provide to us is subject to our Privacy Policy, which is incorporated into these Terms and governs our collection and use of your information. By using Website you consent to the collection and use of this information as provided in our Privacy Policy.
Third party services
The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. We are not responsible for the availability or lack of availability of such external websites or resources. If you choose to interact with the third parties made available through our Service, such third party’s terms shall govern their relationship with you. We shall not be liable or responsible for such third parties’ terms and actions. When you travel from our website to another website, whether through links provided on the website or otherwise, you will be subject to the privacy policies (or lack thereof) of these sites. We caution you to use good judgment and to assess the privacy policy of these sites before you provide any personal information. We have no control over, and therefore accept no responsibility for, the content of any third-party website.
Fee and Refund policy
1. For the services (VPS Hosting, Web Hosting, Email Hosting, SMS Service, Reseller Hosting, Domain Registration, etc.): 100% fees to be paid at the time of ordering the Service.
2. Refund policy is only applicable to web hosting and email hosting not for the reseller hosting and/or reseller program. Refund shall be made on a prorated basis deducting gateway charge; 2.36% gateway charges shall not be refunded. Notwithstanding anything to the contrary, refund policy under this Terms shall be applicable only to the services availing in India.
4. Any new User can cancel the first order within thirty (30) days from the date order is placed, to be eligible for the applicable refund policy. Please note we do not refund for cancellation of any renewal and the subsequent orders made by an existing Users. It is applicable to new Users and only to the first order made by such new Users.
For the avoidance of doubt: If new User places fist order (web hosting) and cancels it within thirty (30) days from
the date of order placed, refund shall be made as per the refund policy. After the cancellation of first order, if the
same User makes the second order (web hosting) and cancels this second order as well in such a case refund
shall not be provided.
It is your responsibility to familiarize yourself with this fee, cancellation, and refund policy. By
placing an order for any our services, you indicate that you have read this policy and that you
agree with and fully accept the terms of this fee, cancellation and refund policy. If you do not
agree with or fully accept the terms of this refund policy, we ask that you do not place an order
with us.
Fraud
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.
Compliance with Applicable Law
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us or our partners from our/their offices within India (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.
For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf.
Termination
1. Failure to pay. If you fail to pay the fees due for the Services, we may suspend or terminate your Services and pursue any collection costs incurred by ThinkTub including legal fees.
2. We may terminate your services immediately with no liability on ThinkTub, if you breach or violate any terms of this Agreement including applicable laws. In such event, we will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
HIPPA Disclaimer
The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. ThinkTub does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Subscribers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. ThinkTub does not sign “Business Associate Agreements,” and you agree that ThinkTub is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat.
Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns.
DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. ThinkTub PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AS TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ThinkTub DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
ThinkTub TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE, ANY MATERAIL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. ThinkTub DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOUR OR ANY OTHER USER, ON OR OFF THE SERVICE.
Indemnification
You agree to indemnify, defend and hold harmless the ThinkTub from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against ThinkTub arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement and the applicable laws; or (iii) any of your acts or omissions. The terms of this section shall survive any termination of this Agreement.
Limitation of Liability
We shall not be liable for non-performance or delay in performance caused by any reason, whether within or outside of its control. In no event will ThinkTub be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the services, or any subscriber content, subscriber website or other materials accessed or downloaded through the services, even if ThinkTub is aware or has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you or any party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the one (1) month fee paid by you to us for the services. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.