By submitting an online order form, or by using InsertSiteHere’s service, Customer hereby agrees to the following Acceptable
Use Policy (AUP). Customer agrees that it shall comply with and
require its end users to comply with this AUP, InsertSiteHere’s
Terms of Service (TOS), InsertSiteHere’s No-Spam Policy (NSP),
and InsertSiteHere’s Privacy Policy. In this document, the word
“Agreement,” with a capital “A,” refers to the
TOS, the AUP, the NSP, and the Privacy Policy collectively.
1. Introduction, Purpose, and General Terms.
1.1. This Web site gives you the ability to learn about InsertSiteHere and its products and services as well as the ability to access
our network and services (“InsertSiteHere Services”). By
using this site, and any other sites or services owned, operated,
or provided by InsertSiteHere, you signify your agreement to the terms,
conditions and notices of this policy. “You” when used
in the Agreement shall mean the InsertSiteHere Customer of record
and that InsertSiteHere Customer’s end users.
1.2. This Acceptable Use Policy is used in conjunction with the
terms of service (TOS), the No-Spam Policy (NSP), and the Privacy
Policy. Violating any of these policies and agreements grants InsertSiteHere the authority to take action to restrict or terminate your
access to InsertSiteHere Services. InsertSiteHere reserves the right,
at its sole discretion, to update or revise this policy, any other
policy or statement on any InsertSiteHere Web site, and any product
offerings or programs described on any InsertSiteHere Web site. Please
check back periodically to review any changes to this policy.
1.3. This document sets forth the principles, guidelines and requirements
of the Acceptable Use Policy of InsertSiteHere (“Company”)
governing the use by the Customer (“Customer”) of the
Company’s services and products (“Services and Products”).
The purpose of InsertSiteHere’s Acceptable Use Policy (the AUP”)
is to comply with all international, federal, state, and local laws
and to protect the network security, network availability, physical
security, Customer privacy, and other factors affecting the services
provided by InsertSiteHere. InsertSiteHere reserves the right to impose
reasonable rules and regulations regarding the use of its services
provided to all Customers and such rules and regulations are subject
to change. Such rules and regulations are located on the Internet
at
http://www.insertsitehere.com/ABOUT/legal.shtml
1.4. In order to maintain an informative and valuable service that
meets the needs of the users of this site and InsertSiteHere Services,
the rules in this AUP have been established to protect against abuse.
The AUP is not an all-inclusive, exhaustive list and InsertSiteHere
reserves the right to revise, amend, or modify the AUP at any time
as needed, effective upon either the posting of the revised, amended,
or modified AUP to
http://www.insertsitehere.com/ABOUT/aup.shtml
or notification to the Customer via e-mail to the e-mail
address of Customer as set forth in the Service Descriptions.
1.5. Any violation of the AUP may result in the suspension or termination
of your account or such other action, as InsertSiteHere deems appropriate.
No credits will be issued for any interruption in service resulting
from violations of the AUP.
1.6. VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED
AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE
SERVICES YOU RECEIVE FROM InsertSiteHere.
1.7. Any questions or comments regarding the AUP should be directed
to InsertSiteHere by e-mail to the following e-mail address
cs(at)insertsitehere.com, for issues concerning the
AUP.
2. General Prohibitions.
You may not use this site or InsertSiteHere’s Services for any
purpose that is unlawful or in any manner that could damage, disable,
overburden or impair the operation of this site, the InsertSiteHere
Network, or InsertSiteHere’s Services, or any other party’s
use or enjoyment of this site, the InsertSiteHere Network, or InsertSiteHere’s Services.
2.1. You may not use this site or InsertSiteHere’s Services for
any purpose that is unlawful or in any manner that could damage,
disable, overburden or impair the operation of this site, the InsertSiteHere Network, or InsertSiteHere’s Services, or any other party’s
use or enjoyment of this site, the InsertSiteHere Network, or InsertSiteHere’s Services.
2.2. Adult Content Prohibited.
2.2.1. Adult-oriented sites demand special system, network, and
bandwidth requirements. InsertSiteHere does not accommodate those
extraordinarily large requirements in its standard shared, e-commerce,
reseller, and semi-dedicated hosting plans. Therefore you may not
use InsertSiteHere’s services for adult-oriented and pornography
sites. This includes sites that may include sexual content, or links
to adult content elsewhere.
2.2.2. Where allowed by applicable law, InsertSiteHere does not prohibit
you from posting a static Web page that meets all of the following
criteria:
• the page merely advertises an adult service and provides
information about how to contact the service offline, i.e., by telephone,
facsimile, or postal mail and not via a link from a Web site that
uses InsertSiteHere’s services;
• the page does not display any sexually explicit content and
does not link to any Web page or site displaying any sexually explicit
content; and
• the page does not require a user to log in with a username
or password to access any of the Web site’s content.
2.2.3. In some jurisdictions, even the notice and advertisement
of adult-oriented services may be illegal. It is your sole responsibility
to learn the laws that govern what you are and are not allowed to
post on your Web site. As part of your agreement with InsertSiteHere,
you must comply with all such applicable laws.
However, InsertSiteHere cannot and does not advise you
or make any recommendations to you about the existence of any such
laws in a particular jurisdiction. Nor does InsertSiteHere advise
you about how to comply with any such laws. Furthermore, laws vary
throughout the United States of America and all over the world,
so you should contact your legal advisor for more information and
specific recommendations concerning the kinds of online materials
that are legal in your region.
2.2.4. If you use InsertSiteHere’s service to publish any content
that any applicable law deems “harmful,” “inappropriate,”
or “unsuitable” for minors (persons under 18 years of
age), then you must provide appropriate protection to prevent minors
from accessing that content. Such protection is your sole responsibility
because InsertSiteHere does not censor the content of your Web sites
and pages.
2.2.5. If you have a reseller account with InsertSiteHere, you may
not resell our hosting services to any clients or customers that
sell adult content.
2.2.6. You may not use InsertSiteHere’s services to sell or solicit
sales for any of the following items, products or services because
they are or may be illegal in one or more jurisdictions where InsertSiteHere’s services are offered, or where they can be viewed through
InsertSiteHere’s services:
• Online pornography or adult content for which a viewer must
subscribe to access it,
• Adult content-related products or services (including X-rated
videos, pictures, etc. especially of individuals under 18 years
of age), and
• Obscene materials, as defined by law.
If we find any of your sites (or any of the sites of your customers,
if you have a reseller account) to be selling any of the prohibited
products or services, the offending accounts shall be subject to
immediate account termination.
3. Compliance with Law.
Customer shall not use InsertSiteHere’s Service or any other
service or network to post, upload, transmit, retransmit, store,
distribute or facilitate the distribution of any content, including
without limitation text, communications, software, images, sounds,
data, or other information that, in InsertSiteHere’s sole discretion:
3.1. violates, attempts to violate, or helps any third party to
violate any local, state, federal, international, or non-United
States law, ordinance, or regulation,
3.2. is threatening, obscene, indecent, pornographic, abusive, harassing,
libelous, defamatory, deceptive, fraudulent, invasive of another’s
privacy, tortious, inaccurate, or that otherwise could adversely
affect any individual, group or entity (collectively, “Persons”),
3.3. threatens or encourages bodily harm or destruction of property,
3.4. harms any person,
3.5. victimizes, harasses, degrades, or intimidates an individual
or group of individuals on the basis of religion, sex, sexual orientation,
race, ethnicity, national origin, immigration status, age, disability,
or any other reason,
3.6. is posted in violation of a newsgroup charter,
3.7. contains viruses, corrupted files, or any other similar software
or programs that may damage the operation of another’s computer,
3.8. violates any terms or conditions of any other network access
provider or Internet service provider,
3.9. violates the rights of any person, including rights protected
by copyright, trade secret, patent or other intellectual property
or similar laws or regulations including, but not limited to, the
installation or distribution of “pirated” information
content or data or other software products that are not appropriately
licensed for use by Customer. Customer shall be responsible for
determining what laws or regulations are applicable to its use of
the Services and Products,
3.10. adds, removes, or modifies identifying network header information
in an effort to deceive or mislead any person. Additionally, attempting
to impersonate any person by using forged headers or other identifying
information is prohibited. However, the use of anonymous remailers
or nicknames does not by itself constitute impersonation, unless
such use is made with the intent to deceive, defraud, or mislead
any person or to violate any applicable laws or regulations,
3.11. collects, attempts to collect, or helps any third party to
collect personal information about third parties without their knowledge
or consent or in a manner that violates applicable laws concerning
privacy,
3.12. has a negative effect on InsertSiteHere or its network (including,
without limitation, overloading servers on the InsertSiteHere Network;
causing portions of the InsertSiteHere Network to be blocked by other
network providers; generating unresolved third party complaints
or complaints which, in the discretion of InsertSiteHere, impose an
unreasonable administrative burden on InsertSiteHere; etc.), or
3.13 violates the prohibition on terrorist content and activities
described below.
Terrorist Content Prohibited.
3.13.1. The United States Homeland Security Act of
2002 defines “terrorism” as
“any activity that—
(A) involves an act that—
(i) is dangerous to human life or potentially destructive
of critical infrastructure or key resources; and
(ii) is a violation of the criminal laws of the United
States or of any State or other subdivision of the United States
; and
(B) appears to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation
or coercion; or
(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping.”
(Pub. L. 107-296 (2002) § 2(15)).
3.13.2. You may not use InsertSiteHere’s services
to do
any of the following acts by any means:
3.13.2.1. engage in terrorism,
3.13.2.2. solicit any other individual or organization
to engage in terrorism,
3.13.2.3. conspire with any other individual or organization
to engage in terrorism,
3.13.2.4. help any other individual or organization
to engage in terrorism, or
3.13.2.5. knowingly engage in commerce with any of
the following individuals or organizations
3.13.2.5.1. those persons listed in the Annex to the
Executive Order No. 13225 of President George W. Bush (September
25, 2001) (referred to in this AUP as “the Executive Order”),
as it may be amended from time to time, a copy of which is available
online at the following Web page:
3.13.2.5.2. foreign persons that the Secretary of State
of the United States of America has determined have committed or
pose a significant risk of committing acts of terrorism against
the United States or its people;
3.13.2.5.3. businesses and organizations that the Secretary
of State of the United States of America has determined are owned,
controlled by, or acting on behalf of terrorists or persons suspected
of terrorism; and
3.13.2.5.4. persons whom the Secretary of the Treasury
of the United States of America , in consultation with the Secretary
of State and the Attorney General of the United States of America
, has determined are:
3.13.2.5.4.1. helping terrorists or suspected terrorists
by giving them money, material, or technology; or
3.13.2.5.4.2. associated otherwise with terrorists
or suspected terrorists.
3.13 .2.5.5. transactions that avoid or attempt to
avoid the prohibitions of the Executive Order; and
3.13 .2.5.6. conspiracies to violate the Executive
Order;
3.13.2.6. knowingly engage in transactions or dealings
in money, goods, or services with terrorists, suspected terrorists,
or terrorist organizations; or
3.13.2.7. make donations to terrorists and suspected
terrorists.
3.13.3. While InsertSiteHere is not giving you legal
advice or a consulting recommendation about how to comply with this
no-terrorism policy or with the applicable laws that prohibit terrorism
in the United States of America or in other countries, you may find
the following general strategies helpful in complying with these
requirements.
3.13.3.1. Verify the identity of any person who wants
to buy goods, services, or information through your Web site. This
includes, but is not limited to, the resale of hosting services
if you have a reseller account with InsertSiteHere.
3.13.3.2. Check the names of any persons or organizations
attempting to buy from your Web site against the Annex in the Executive
Order.
3.13.3.3. Work with the company that provides transaction
payment and fraud-prevention services for your e-commerce Web sites.
The provider may be able to automate the identity checking for you.
4. System and Network Security.
Violations of system or network security are strictly prohibited,
and may result in criminal and civil liability as well as termination
of services from InsertSiteHere. InsertSiteHere investigates all incidents
involving such violations and will cooperate with law enforcement
if a violation of the criminal law is suspected.
You are responsible for any misuse of your account,
even if a friend, family member, guest, agent, or employee committed
the inappropriate activity while using your account. Therefore,
you must take steps to ensure that others do not gain unauthorized
access to your account. In addition, you may not use your account
to breach the security of another InsertSiteHere account or attempt
to gain unauthorized access to another network or server.
Examples of system or network security violations include,
without limitation, the following:
4.1. Introduction into the network or server of any malicious program
(examples: viruses, worms, Trojan Horses, logic bombs, and other
executables intended to inflict harm).
4.2. Introduction into the network or server of any self-extracting
file or program containing any malicious program as specified in
Section 4.1 of this AUP.
4.3. Introduction into the network or server of any data, parameter,
configuration, template, or control files for software applications
that contain destructive macros or other malicious code.
4.4. Introduction into the network or server of any encrypted or
compressed file or archive such as .zip or .gz files that contains
any malicious program as specified in paragraphs 4.1 through 4.3
of this AUP.
4.5. Effecting security breaches or disruptions of Internet communication
and/or connectivity. Security breaches include, but are not limited
to, accessing data of which the Customer is not an intended recipient,
logging into a server or account that the Customer is not expressly
authorized to access, or exceeding the access to a server or account
that has been granted to the Customer. For purposes of this section,
“disruption” includes, but is not limited to port scans,
flood pings, email-bombing, packet spoofing, IP spoofing, and forged
routing information.
4.6. Executing any form of network activity that will intercept
data not intended for the Customer.
4.7. Circumventing user authentication or security of any host,
network or account.
4.8. Interfering with or denying service to any user other than
users of the Customer’s host (examples: denial of service attack
or distributed denial of service attack).
4.9. Using any program script/command, or sending messages of any
kind such as a punter, designed to interfere with or to disable,
a user’s terminal session, via any means, locally or via the
Internet.
4.10. Attempting to use or gain unauthorized access to data, accounts,
hosts, servers, systems or networks of this site, or to probe, scan
or test the vulnerability of a system or network of this site, any
InsertSiteHere Services or those of any other party.
4.11. Interfering with service to any user, host or network including,
without limitation, mail-bombing, flooding, or attempting to overload
the system.
4.12. Forging any TCP-IP packet header or any part of the header
information in an e-mail or a newsgroup posting.
4.13 Falsifying address information or otherwise modifying e-mail
headers to conceal the sender’s or the recipient’s identity.
5. Internet Etiquette.
The Customer agrees to observe and abide by reasonable Internet
etiquette (Netiquette). The Customer shall comply with the rules
appropriate to any network to which InsertSiteHere may provide access.
The Customer should not post, transmit, or permit Internet access
to information the Customer desires to keep confidential. The Customer
shall not post any material that is illegal, is libelous, is otherwise
tortious, indecently depicts children, or is likely to result in
retaliation against InsertSiteHere by offended users. InsertSiteHere
reserves the right to refuse or terminate service at any time for
violation of this section. This includes, but is not limited to,
advertising services or sites via Internet Relay Chat (IRC) or USENET
in clear violation of the policies of the IRC channel or USENET
group.
6. Child Pornography.
InsertSiteHere will cooperate fully with any criminal investigation
into a Customer’s violation of the Child Protection Act of
1984 concerning child pornography, or any other applicable international,
federal, state, or local law that prohibits child pornography. Customers
are ultimately responsible for the actions of their clients over
InsertSiteHere network, and shall be liable for illegal material posted
by their clients.
According to the Child Protection Act, child pornography
includes photographs, films, video, or any other type of visual
presentation that shows a person who is or is depicted as being
under the age of eighteen years and is engaged in or is depicted
as engaged in explicit sexual activity, or the dominant characteristic
of which is the depiction, for a sexual purpose, of a sexual organ
or the anal region of a person under the age of eighteen years or
any written material or visual representation that advocates or
counsels sexual activity with a person under the age of eighteen
years.
Violations of the Child Protection Act may be reported
to the U.S. Customs Agency at 1-800-BEALERT
7. InsertSiteHere No-Spam Policy (NSP).
7.1. Customer shall comply with all the terms and conditions of
InsertSiteHere’s No-Spam Policy (NSP) as described in this Section
7. Violation of the NSP shall be deemed a violation of this AUP
and of the Customer’s Agreement with InsertSiteHere.
7.2. At InsertSiteHere, we are committed to providing valuable hosting
services to our valued customers.
7.3. An important part of InsertSiteHere’s mission is to be a
respected and responsible member of the business and Internet communities.
We take seriously our role in protecting our customers and the general
public from nuisances such as “spam.” This section describes
our NO-SPAM Policy. Please read it carefully, because it contains
important information and because it is a material part of your
Agreement with InsertSiteHere.
7.4. To report any spam you receive that identifies itself as coming
from the InsertSiteHere.com servers or claims to be related to InsertSiteHere
in any way, please send an e-mail message to us at cs(at)InsertSiteHere(dot)com.
In your message to us, please include a complete and accurate copy
of the message that you consider to be spam, along with full message
headers and routing information for e-mail, a message board provided
by a Web site or an online service, Usenet, interactive chat message,
or instant message service, as the case may be.
7.5. Definition of Spam.
Unsolicited commercial e-mail and electronic messages are colloquially
referred to as “spam.” Other common names for spam include
“spam e-mail,” “junk e-mail,” “bulk e-mail,”
“direct e-mail,” and “mass e-mail.” Spam is
the electronic equivalent of the direct mail you receive in your
postal mailbox frequently.
In its most general terms, and as used in this NO-SPAM
Policy (the “Policy”), spam is:
• a commercial e-mail message or other electronic message,
including, but not limited to, messages that are:
• posted to an electronic mailing list (other than an “opt-in”
e-mail list as described below),
• posted on an online bulletin board system or Web-based message
board system or “guest book”,
• posted to a Usenet newsgroup,
• posted to the common area of an online community, group,
or club,
• posted in a chat room,
• posted in a message board of a commercial online service
(such as America Online),
• posted to a Weblog (“blog”),
• sent via an instant message system (such as ICQ, Yahoo! Pager,
Yahoo! Instant Messenger, or AOL Instant Messenger),
• sent through e-mail or another Internet means of communication
when the message’s ultimate destination is a facsimile (“fax”)
machine, cellular or wireless telephone, or wireless device,
• a commercial e-mail message or other electronic message that
is addressed to one or more recipients with whom you do not have
an preexisting business or personal relationship,
• a commercial e-mail message or other electronic message that
is sent to a mailing list of addresses that you purchased or that
were otherwise distributed, or any list of e-mail addresses whose
owners did not sign up for your specific mailing list, including
without limitation lists commonly known as “affiliate lists,”
• a commercial e-mail message or other electronic message that
is not sent at the request of, or with the express consent of, the
recipient(s),
• a commercial e-mail message or other electronic message that
is sent to a recipient who has opted out of receiving further commercial
electronic messages from you, or
• a commercial e-mail message or other electronic message that
contains forged headers, compromised mail server relays, or false
contact information.
For purposes of this Policy, spam also includes any e-mail or other
electronic message that is sent in violation of any applicable Federal,
state, or local law regulating unsolicited commercial e-mail, unsolicited
fax transmissions, or any other type of unsolicited commercial electronic
message, regardless of whether that message fits the definition
of “spam” provided above.
7.6. “Opt-in” E-mail Lists.
Please note: messages sent to “opt-in” e-mail lists are
not spam, for purposes of this Policy, provided that those messages
meet all of the following criteria:
• the messages are sent to an “opt-in” e-mail list
in which ALL subscribers have VOLUNTARILY agreed to receive announcements
and advertisements about products and services;
• the messages STRICTLY COMPLY with ALL the requirements and
regulations of the “opt-in” e-mail list; and
• upon request of any subscriber to the “opt-in”
e-mail list, you immediately stop sending that subscriber any e-mail
regarding your products and services.
If you choose to use an “opt-in” e-mail list, please be
aware that InsertSiteHere will consider ANY violation of the requirements
or regulations of such any third party provider of software or services
for such a list to be a violation of this NO SPAM Policy.
Furthermore, InsertSiteHere reserves the right to prohibit
“opt-in” e-mail lists in the future if such a prohibition
is reasonably necessary to keep its hosting service operating efficiently
for all users.
7.7. Zero Tolerance for Spam.
InsertSiteHere will not tolerate any spamming by any of its Customers.
This prohibition of spam extends to the sending of unsolicited mass
mailings from another service, which in any way implicates the use
of InsertSiteHere’s services whether or not the message actually
originated from our network.
Violation of this NO-SPAM policy will result in InsertSiteHere taking one or more of the following actions:
A warning via e-mail or telephone,
Removal of DNS for the advertised/originating site,
or
Temporarily blocking outgoing mail from your site.
Repeated violation of this NO-SPAM policy will result
in immediate disconnection of service with no re-activation.
InsertSiteHere reserves the right to take all legal and
technical steps available to prevent unsolicited bulk e-mail or
other unauthorized e-mail from being sent from or transmitted through
the InsertSiteHere Network.
PLEASE NOTE: The transmission of spam, including the
transmission of counterfeit e-mail, may result in civil and criminal
penalties against the sender, under various federal, state, and
local laws and regulations, including the federal CAN-SPAM Act of
2003.
7.8 Indemnification of InsertSiteHere.
You agree to defend, hold harmless, and indemnify InsertSiteHere from
any harm or damages whatsoever resulting directly or indirectly
from your engaging in any spamming practices or from your violation
of any of the terms of this NO SPAM Policy.
8. No Editing, Censoring, or Control of Communications; Reservation
of Rights.
Your participation in online communication or use of any InsertSiteHere service is not edited, censored, or otherwise controlled by
InsertSiteHere. However, InsertSiteHere reserves the right to monitor
content on this site and on any InsertSiteHere servers, networks,
or systems and to remove content, disable sites, or suspend or terminate
services if InsertSiteHere, in its sole discretion, determines such
content or user practices are harmful, offensive, or otherwise in
violation of this Acceptable Use Policy.
9. Export Control Laws.
Exporting encryption software over the Internet from the United
States of America to countries other than the United States of America
and Canada violates United States law, unless you have a license
to do so from the Bureau of Industry and Security in the United
States Department of Commerce. You are solely responsible for determining
whether any of your software or other information contains encryption
software and whether you require a license to export your software
or information. You are also solely responsible for complying with
all applicable laws governing the export of encryption products.
For additional information, you may wish to visit the Bureau of
Industry and Security’s Web site at:
http://www.bxa.doc.gov/Encryption/
10. International Use.
InsertSiteHere makes no representation that materials available on
this site or any or through any InsertSiteHere service are appropriate
or available for use in locations outside the United States, and
accessing them or using them from territories where their contents
are illegal is prohibited. Customers and their users who access
this site or any site hosted by InsertSiteHere from locations outside
the United States of America are solely responsible for compliance
with all applicable local laws and regulations. Moreover, to the
extent allowed by law, Customers agree to defend, indemnify, and
hold harmless InsertSiteHere, its parents, subsidiaries, partners,
joint venturers, employees and agents, and all their respective
heirs, successors, and assigns for any acts of Customer or Customer’s
users that may violate any applicable law.
11. Intellectual Property Rights.
11.1. All InsertSiteHere Web site design, text, graphics and the
selection and arrangement thereof are the copyrighted work of InsertSiteHere.
All rights reserved. If any page, information, or content is copied,
it may only be copied for non-commercial uses that are explicitly
allowed under the Customer’s Agreement with InsertSiteHere
or by law, and InsertSiteHere shall, in any event, retain all copyright
and other proprietary interests in said page, information, or content.
11.2. You acknowledge and agree that copyrights, trademarks, service
marks, patents, trade secrets, and other proprietary rights and
laws protect all content and materials available on this site or
through any InsertSiteHere service. Nothing on any InsertSiteHere Web
site shall be interpreted or implied in such a way as conferring
any license or right to any intellectual property rights or license
to any intellectual property, content, technology, system, process,
or related material belonging to InsertSiteHere by virtue of it being
displayed or made accessible on any InsertSiteHere Web site. Except
as expressly authorized, you agree not to use this site or any InsertSiteHere Services in any manner that would infringe, violate, dilute
or misappropriate any such rights, with respect to any material,
which you may access, receive or make available through this site
or any InsertSiteHere Services.
11.3. If you use a domain name or content in connection with the
InsertSiteHere Web hosting, or any other Web hosting service, you
agree not to use that domain name or content in any way which violates
any trademark, service mark, or similar rights of any third party.
Specifically, and without limitation, you agree that you will not
engage in, attempt to engage in, or conspire with others or solicit
others to engage in any cybersquatting or domain name hijacking,
11.4 InsertSiteHere’s data center infrastructure including all
hardware, software, and telecommunications facilities located in
its data center may only be used for lawful purposes. Transmission,
distribution, or storage of any information, data or material in
violation of any United States or state regulation or law or the
common law, or any applicable foreign or international law is prohibited.
This includes, but is not limited to, material protected by copyright,
trademark, patent, trade secret, or other intellectual property
rights.
11.5. Creating, utilizing, or distributing unauthorized copies of
software or other information content is a violation of international,
federal, and state law. If you copy, distribute, or install software
or other information content in ways that the license to use that
content does not allow, you are violating federal copyright law
and international copyright law. InsertSiteHere will cooperate with
all law enforcement agencies in relation to alleged copyright infringement
based on content housed in our data centers.
11.6. Please see Copyright Infringement Reporting on the InsertSiteHere Web site for procedures on disclosing alleged copyright infringement.
12. Customer’s Grant of Limited License to InsertSiteHere; Warranties
on Content.
By posting or submitting content to any InsertSiteHere Web site or
server, you:
12.1. Grant InsertSiteHere a limited license to transmit, copy, store,
back up, and retrieve the content, solely for the purpose of providing
you with the services you are purchasing under your Agreement with
InsertSiteHere;
12.2. Acknowledge that you are placing data on servers, networks,
and systems that reside physically in the United States. Such servers,
networks, and systems are governed by United States law and not
by the laws of other jurisdiction. As such, your rights to privacy
are governed by United States law and the InsertSiteHere privacy policy.
By ordering or using InsertSiteHere’s services, you explicitly
consent to this provision regarding privacy.
WHILE InsertSiteHere WILL MAKE REASONABLE EFFORTS TO
PROTECT THE PRIVACY OF YOUR INFORMATION AND TO COMPLY WITH UNITED
STATES LAW, PLEASE BE ADVISED THAT YOUR PRIVACY RIGHTS AVAILABLE
UNDER UNITED STATES LAW AND THE InsertSiteHere PRIVACY POLICY MAY
BE LESS THAN THOSE GUARANTEED BY THE LAWS OF THE COUNTRY WHERE YOU
RESIDE.
12.3. Warrant and represent that you own or otherwise control all
of the rights to the content and that public posting and use of
your content by InsertSiteHere does not and will not infringe or violate
the rights of any third party; and
12.4. Agree to defend, hold harmless, and indemnify InsertSiteHere
for any claims of any third party resulting from the public posting
or use of your content.
13. IP Allocation.
InsertSiteHere administers an Internet network on which multiple Customer
servers reside. Customers shall NOT use Internet protocol (IP) addresses
that were not assigned to them by InsertSiteHere staff or network
administrators.
14. Restrictions on Use of InsertSiteHere Services.
14.1 You may not operate Internet Relay Chat (“IRC”) servers
using InsertSiteHere’s services.
14.2. You may not run any IRC robot on any IRC server that might
interfere with the Services or otherwise violate this AUP. When
logged into any IRC server, you must comply with the rules and policies
established by that IRC’s service administrator.
14.3. You must not use any programs that may or will interfere with
another’s use of this site or any InsertSiteHere Services.
14.4. You may not run any background processes on the InsertSiteHere
servers, networks, or systems without prior written authorization
from InsertSiteHere.
14.5. You may not use any InsertSiteHere services to send denial-of-service
(DOS) attacks to any computer or network, or to “flood”
any computer or network.
14.6. InsertSiteHere reserves the right to add further restrictions
to Customers’use of the InsertSiteHere Services if such further
restrictions are reasonably necessary to keep its hosting service
operating efficiently for all users.
14.7 You may not host any adult websites on InsertSiteHere's servers.
15. Suspension and Cancellation.
InsertSiteHere reserves the right to suspend service to any Customer
or who is using our network or services for violation of the AUP,
the NSP, the Privacy Policy, or the TOS. InsertSiteHere will use reasonable
care in notifying the Customer and in resolving the problem in a
method resulting in the least amount of service interference as
reasonably possible. InsertSiteHere reserves the right to terminate
service without notice for continued and repeated violations of
the AUP, the NSP, the Privacy Policy, or the TOS.
16. Notices Regarding Violations of AUP and Intellectual Property
Rights.
16.1. The InsertSiteHere Agreement and all its components prohibit
acts of copyright and trademark infringement and other unlawful
behavior by InsertSiteHere Customers. InsertSiteHere takes Customer
violations seriously and will investigate complaints and, where
appropriate, may remove content, disable sites, suspend or terminate
services, or take other action as necessary.
16.2. General Complaints: Please send reports of any activity in
violation of this Acceptable Use Policy to cs(at)InsertSiteHere(dot)com.
If possible, please provide the IP address used to commit the violation,
the date and time of the violation, and evidence of the violation.
InsertSiteHere will reasonably investigate incidents involving such
alleged violations. InsertSiteHere may involve and will cooperate
with law enforcement officials if any criminal activity is suspected.
Violations may result in criminal and civil liability.
16.3. Copyright/Trademark Infringement Complaints: If you believe
that your copyright or trademark has been used by a InsertSiteHere
subscriber without permission, such that the use may constitute
infringement of your intellectual property rights, please see the
instructions on how to send your claim at
