Terms of Service
The following terms and conditions govern all use of the withtank.com website and all content, services and products available at or through the website, including, but not limited to, the withtank.com hosting service, (taken together, “the app”).
The app is owned and operated by youandthisarmy (Pty) Ltd (“thisarmy”). The app is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, thisarmy’s Privacy Policy) and procedures that may be published from time to time on this site by thisarmy (collectively, the “Agreement”).
By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the app or use any services. If these terms and conditions are considered an offer by thisarmy, acceptance is expressly limited to these terms.
1. Your Tank Account and Site.
If you create a site on the app, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and thisarmy may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause thisarmy liability. You must immediately notify thisarmy of any unauthorized uses of your site, your account or any other breaches of security. thisarmy will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors.
If you operate a site, comment on a site, post material to the app, post links on the app, or otherwise make (or allow any third party to make) material available by means of the app (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by thisarmy or otherwise.
By submitting Content to thisarmy for inclusion on your site, you grant thisarmy a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site. If you delete Content, thisarmy will use reasonable efforts to remove it from the site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, thisarmy has the right (though not the obligation) to, in thisarmy’s sole discretion (i) refuse or remove any content that, in thisarmy’s reasonable opinion, violates any thisarmy policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the site to any individual or entity for any reason, in thisarmy’s sole discretion. thisarmy will have no obligation to provide a refund of any amounts previously paid.
3. Fees and Payment.
Optional basic and premium paid services such as extra storage, domain purchases and/or domain hosting are available on the app. By electing or selecting a basic or premium service you agree to pay thisarmy the monthly subscription fees indicated for that service. The practice of domain redirection automatically elects a basic service for applicable site. Payments will be charged on the day you sign up for, or upgrade to a Basic or Premium Services and will cover the use of that service for a monthly period as indicated. Basic or Premium Services fees are not refundable.
4. Basic or Premium Services.
Fees; Payment. By signing up for a Basic or Premium Services account you agree to pay thisarmy the setup fees and monthly hosting fees indicated in our pricing matrix in exchange for the services listed in our feature matrix. Applicable fees will be invoiced starting from the day your Basic or Premium Services are established and in advance of using such services. thisarmy reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Basic or Premium Services can be canceled by you at anytime on 30 days written notice to thisarmy.
Support. Basic or Premium Services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by thisarmy to respond within one business day) concerning the use of the Basic or Premium Services. “Priority” means that support for Basic or Premium Services customers takes priority over support for users of the standard, free withtank.com site services. All Basic or Premium Services support will be provided in accordance with thisarmy standard Basic or Premium Services practices, procedures and policies.
5. Responsibility of Site Visitors.
thisarmy has not reviewed, and cannot review, all of the material, including computer software, posted to the site, and cannot therefore be responsible for that material’s content, use or effects. By operating the site, thisarmy does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. thisarmy disclaims any responsibility for any harm resulting from the use by visitors of the site, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which withtank.com links, and that link to withtank.com. thisarmy does not have any control over those non-tank websites and webpages, and is not responsible for their contents or their use. By linking to a non-tank website or webpage, thisarmy does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. thisarmy disclaims any responsibility for any harm resulting from your use of non-tank websites and webpages.
7. Copyright Infringement and DMCA Policy.
As thisarmy asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by withtank.com violates your copyright, you are encouraged to notify thisarmy in accordance with thisarmy’s Digital Millennium Copyright Act (”DMCA”) Policy. thisarmy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of thisarmy or others, thisarmy may, in its discretion, terminate or deny access to and use of the site. In the case of such termination, thisarmy will have no obligation to provide a refund of any amounts previously paid to thisarmy.
8. Intellectual Property.
This Agreement does not transfer from thisarmy to you any thisarmy or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with thisarmy. thisarmy, tank, withtank.com, the withtank.com logo, and all other trademarks, service marks, graphics and logos used in connection with withtank.com, or the app are trademarks or registered trademarks of thisarmy or thisarmy’s licensors. Other trademarks, service marks, graphics and logos used in connection with the app may be the trademarks of other third parties. Your use of the app grants you no right or license to reproduce or otherwise use any thisarmy or third-party trademarks.
9. Changes.
thisarmy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the app following the posting of any changes to this Agreement constitutes acceptance of those changes. thisarmy may also, in the future, offer new services and/or features through the app (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination.
thisarmy may terminate your access to all or any part of the site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your withtank.com account (if you have one), you may simply discontinue using the site. Notwithstanding the foregoing, if you have a Basic or Premium Services account, such account can only be terminated by thisarmy if you materially breach this Agreement and fail to cure such breach within thirty (30) days from thisarmy’s notice to you thereof; provided that, thisarmy can terminate the site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties.
The app is provided “as is”. thisarmy and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither thisarmy nor its suppliers and licensors, makes any warranty that the app will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the app at your own discretion and risk.
12. Limitation of Liability.
In no event will thisarmy, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to thisarmy under this agreement during the twelve (12) month period prior to the cause of action. thisarmy shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty.
You represent and warrant that (i) your use of the app will be in strict accordance with the thisarmy Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the app will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification.
You agree to indemnify and hold harmless thisarmy, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the app, including but not limited to out of your violation this Agreement.
15. Miscellaneous.
This Agreement constitutes the entire agreement between thisarmy and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of thisarmy, or by the posting by thisarmy of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the app will be governed by the laws of the Republic of South Africa and you consent to the jurisdiction of the High Court of South Africa, Cape Provincial Division in the event of any dispute. If any of these terms and conditions are found by a court of competent jurisdiction to be to invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these terms and conditions, and the remainder of these terms and conditions shall remain in full force and effect. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; thisarmy may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
