Acceptable Use Policy
By submitting an online order form, or by using ADMedia Hosting’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, ADMedia Hosting’s Terms of Service (TOS), ADMedia Hosting’s
No-Spam Policy (NSP), and ADMedia Hosting’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 ADMedia Hosting and its products and
services as well as the ability to access our network and services (“ADMedia
Hosting Services”). By using this site, and any other sites or services owned,
operated, or provided by ADMedia Hosting, you signify your agreement to the
terms, conditions and notices of this policy. “You” when used in the Agreement
shall mean the ADMedia Hosting Customer of record and that ADMedia Hosting
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 ADMedia Hosting the authority to take action to restrict or
terminate your access to ADMedia Hosting Services. ADMedia Hosting reserves the
right, at its sole discretion, to update or revise this policy, any other
policy or statement on any ADMedia Hosting Web site, and any product offerings
or programs described on any ADMedia Hosting 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 ADMedia Hosting (“Company”)
governing the use by the Customer (“Customer”) of the Company’s services and
products (“Services and Products”). The purpose of ADMedia Hosting’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 ADMedia Hosting. ADMedia Hosting 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.
1.4.
In order to maintain an informative and valuable service that
meets the needs of the users of this site and ADMedia Hosting Services, the
rules in this AUP have been established to protect against abuse. The AUP is
not an all-inclusive, exhaustive list and ADMedia Hosting 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.hostingzoom.com/legal/aup.html
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 ADMedia Hosting 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 ADMEDIA HOSTING.
1.7. Any questions
or comments regarding the AUP should be directed to ADMedia Hosting by e-mail
to the following e-mail address
cs@hostingzoom.com, for issues concerning the AUP.
2. General Prohibitions.
You may not use this site or ADMedia Hosting’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 ADMedia Hosting Network,
or ADMedia Hosting’s Services, or any other party’s use or enjoyment of this
site, the ADMedia Hosting Network, or ADMedia Hosting’s Services.
2.1. You may not use
this site or ADMedia Hosting’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 ADMedia Hosting Network, or ADMedia Hosting’s Services, or any
other party’s use or enjoyment of this site, the ADMedia Hosting Network, or
ADMedia Hosting’s Services.
2.2. Adult Content
Prohibited.
2.2.1.
Adult-oriented sites demand special system, network, and bandwidth
requirements. ADMedia Hosting does not accommodate those extraordinarily large
requirements in its standard shared, e-commerce, reseller, and semi-dedicated
hosting plans. Therefore you may not use ADMedia Hosting’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, ADMedia Hosting 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 ADMedia Hosting’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 ADMedia
Hosting, you must comply with all such applicable laws.
However, ADMedia Hosting 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 ADMedia Hosting 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 ADMedia Hosting’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 ADMedia
Hosting does not censor the content of your Web sites and pages.
2.2.5.
If you have a reseller account with ADMedia Hosting, you may not
resell our hosting services to any clients or customers that sell adult
content.
2.2.6.
You may not use ADMedia Hosting’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
ADMedia Hosting’s services are offered, or where they can be viewed through
ADMedia Hosting’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 ADMedia Hosting’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
ADMedia Hosting’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 ADMedia Hosting or its network (including, without
limitation, overloading servers on the ADMedia Hosting Network; causing
portions of the ADMedia Hosting Network to be blocked by other network
providers; generating unresolved third party complaints or complaints which, in
the discretion of ADMedia Hosting, impose an unreasonable administrative burden
on ADMedia Hosting; 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 ADMedia Hosting’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:
http://www.ustreas.gov/offices/enforcement/ofac/legal/eo/13224.pdf
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 ADMedia Hosting 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 ADMedia Hosting.
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 ADMedia Hosting. ADMedia Hosting 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 ADMedia Hosting 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 ADMedia Hosting 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 ADMedia Hosting 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 ADMedia Hosting by offended users.
ADMedia Hosting 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.
ADMedia Hosting 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 ADMedia Hosting 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. ADMedia Hosting No-Spam Policy (NSP).
7.1. Customer shall
comply with all the terms and conditions of ADMedia Hosting’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 ADMedia Hosting.
7.2. At ADMedia
Hosting, we are committed to providing valuable hosting services to our valued
customers.
7.3. An important
part of ADMedia Hosting’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 ADMedia Hosting.
7.4. To report any
spam you receive that identifies itself as coming from the hostingzoom.com
servers or claims to be related to ADMedia Hosting in any way, please send an
e-mail message to us at cs@hostingzoom.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,
• 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,
• 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,”
• 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),
• 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
• 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
ADMedia Hosting 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, ADMedia Hosting 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.
ADMedia Hosting 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 ADMedia
Hosting’s services whether or not the message actually originated from our
network.
Violation of this NO-SPAM policy will result in ADMedia Hosting
taking one or more of the following actions:
A warning via e-mail or telephone,
Suspension of your site until furthur notice,
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.
ADMedia Hosting 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 ADMedia Hosting 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 ADMedia Hosting.
You agree to defend, hold
harmless, and indemnify ADMedia Hosting 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 ADMedia
Hosting service is not edited, censored, or otherwise controlled by ADMedia
Hosting. However, ADMedia Hosting reserves the right to monitor content on this
site and on any ADMedia Hosting servers, networks, or systems and to remove
content, disable sites, or suspend or terminate services if ADMedia Hosting, 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.
ADMedia Hosting makes no representation that materials available
on this site or any or through any ADMedia Hosting 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 ADMedia
Hosting 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 ADMedia Hosting, 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
ADMedia Hosting Web site design, text, graphics and the selection and
arrangement thereof are the copyrighted work of ADMedia Hosting, Inc., © 2004.
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 ADMedia Hosting or by law, and ADMedia Hosting 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 ADMedia Hosting service.
Nothing on any ADMedia Hosting 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 ADMedia Hosting by virtue of it being displayed
or made accessible on any ADMedia Hosting Web site. Except as expressly
authorized, you agree not to use this site or any ADMedia Hosting 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 ADMedia Hosting Services.
11.3. If
you use a domain name or content in connection with the ADMedia Hosting 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 ADMedia Hosting’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. ADMedia Hosting 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 ADMedia Hosting Web site for
procedures on disclosing alleged copyright infringement.
12. Customer’s Grant of Limited License to ADMedia Hosting;
Warranties on Content.
By posting or submitting content to any ADMedia Hosting Web site
or server, you:
12.1. Grant
ADMedia Hosting 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 ADMedia Hosting;
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 ADMedia Hosting privacy policy. By ordering or using ADMedia Hosting’s
services, you explicitly consent to this provision regarding privacy.
WHILE ADMEDIA HOSTING 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
ADMEDIA HOSTING 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 ADMedia Hosting does
not and will not infringe or violate the rights of any third party; and
12.4. Agree
to defend, hold harmless, and indemnify ADMedia Hosting for any claims of any
third party resulting from the public posting or use of your content.
13. IP Allocation.
ADMedia Hosting 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 ADMedia Hosting staff or network
administrators.
14. Restrictions on Use of ADMedia Hosting Services.
14.1 You may not operate
Internet Relay Chat (“IRC”) servers using ADMedia Hosting’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 ADMedia Hosting Services.
14.4. You
may not run any background processes on the ADMedia Hosting servers, networks,
or systems without prior written authorization from ADMedia Hosting.
14.5. You
may not use any ADMedia Hosting services to send denial-of-service (DOS)
attacks to any computer or network, or to “flood” any computer or network.
14.6. ADMedia
Hosting reserves the right to add further restrictions to Customer’s use of the
ADMedia Hosting 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 ADMedia Hosting's servers.
15. Suspension and Cancellation.
ADMedia Hosting 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. ADMedia Hosting 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. ADMedia
Hosting 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
ADMedia Hosting Agreement and all its components prohibit acts of copyright and
trademark infringement and other unlawful behavior by ADMedia Hosting Customers.
ADMedia Hosting 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@admediahost.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. ADMedia Hosting will reasonably investigate incidents
involving such alleged violations. ADMedia Hosting 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 ADMedia Hosting 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
legal@admediahost.com
17. Miscellaneous.
All monetary amounts to which this Agreement refers shall be in
United States dollars.
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