onthespothosting Acceptable Use Policy
As a provider of web site hosting, and other Internet-related services, onthespothosting
offers its customers, and their customers and users, the means to acquire and
disseminate a wealth of public, private, commercial, and non-commercial
information. onthespothosting respects that the Internet provides a forum for
free and open discussion and dissemination of information, however, when there
are competing interests at issue, onthespothosting reserves the right to take
certain preventative or corrective actions. In order to protect these competing
interests, onthespothosting has developed an Acceptable Use Policy
("AUP"), which supplements and explains certain terms of each
customer's respective service agreement and is intended as a guide to the
customer's rights and obligations when utilizing onthespothosting's services.
This AUP will be revised from time to time. A customer's use of onthespothosting's
services after changes to the AUP are posted on onthespothosting's web site,
www.onthespothosting.net, will constitute the customer's acceptance of any new
or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it.
This fact accounts for much of the Internet's openness and value, but it also
places a high premium on the judgment and responsibility of those who use the
Internet, both in the information they acquire and in the information they
disseminate to others. When customers obtain information through the Internet,
they must keep in mind that onthespothosting cannot monitor, verify, warrant,
or vouch for the accuracy and quality of the information that customers may
acquire. For this reason, the subscriber must exercise his or her best judgment
in relying on information obtained from the Internet, and also should be aware
that some material posted to the Internet is sexually explicit or otherwise
offensive. Because onthespothosting cannot monitor or censor the Internet, and
will not attempt to do so, onthespothosting cannot accept any responsibility
for injury to its customers that results from inaccurate, unsuitable,
offensive, or illegal Internet communications.
When customers disseminate information through the Internet, they also must
keep in mind that onthespothosting does not review, edit, censor, or take
responsibility for any information its customers may create. When users place
information on the Internet, they have the same liability as other authors for
copyright infringement, defamation, and other harmful speech. Also, because the
information they create is carried over onthespothosting's network and may
reach a large number of people, including both customers and noncustomers of onthespothosting,
customers' postings to the Internet may affect other customers and may harm onthespothosting's
goodwill, business reputation, and operations. For these reasons, customers
violate onthespothosting policy and the service agreement when they, their
customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming -- Sending unsolicited bulk and/or commercial messages over the
Internet (known as "spamming"). It is not only harmful because of its
negative impact on consumer attitudes toward onthespothosting, but also because
it can overload onthespothosting's network and disrupt service to onthespothosting
customers. Also, maintaining an open SMTP relay is prohibited. When a complaint
is received, onthespothosting has the discretion to determine from all of the
evidence whether the email recipients were from an "opt-in" email
list.
Accounts caught sending unsolicited, either through our servers or to promote a
web site on our servers or to promote a onthespothosting affiliate link, will
be terminated immediately, will not qualify for a refund and will be charged
$50 per complaint filed and $200 fee for violations of Terms and conditions.
*Unsolicited is defined, by onthespothosting as: email sent to recipients who
have not asked to be contacted by you or Usenet postings (that are cross-posted
to more than three newsgroups and/or posted in newsgroups where this is against
that groups FAQ or charter), for the sole purpose of promoting a website or
commercial business on our servers.
Excessive Bandwidth Use -- If your hosting account, with onthespothosting,
goes over the bandwidth allowance set for that account, you agree to pay for
that overage.
Currently, the rate charged by onthespothosting Host for bandwidth is $10.00
per 1000 MBytes. If your account goes over its bandwidth allowance for the
month, you must either upgrade your account or purchase additional bandwidth to
cover your account bandwidth usage. If you choose additional bandwidth, you
must purchase in 1000 MByte increments and you must purchase enough to cover
the remaining term of your hosting account. All bandwidth/traffic/diskspace
amounts are measured in MBytes/GBytes.
Intellectual Property Violations -- Engaging in any activity that
infringes or misappropriates the intellectual property rights of others,
including copyrights, trademarks, service marks, trade secrets, software
piracy, and patents held by individuals, corporations, or other entities
("IP Violations". onthespothosting reserves the right to remove or
block access to customer content upon receipt of a notice of any IP Violation.
It is also onthespothosting's policy to terminate the privileges of customers
who commit repeatIP Violations.
Obscene Speech or Materials -- Using onthespothosting's network to
advertise, transmit, store, post, display, or otherwise make available any
obscene material, including, without limitation, child pornography or obscene
speech, is prohibited. Accounts caught in violation, will be terminated
immediately, will not qualify for a refund and will be charged and assessed a
$200 fee for the violation. The final determination of what constitutes
"Obscene Speech or Materials" will be made by onthespothosting in its
sole discretion. Please be aware that onthespothosting is required by law to
notify law enforcement agencies when it becomes aware of the presence of child
pornography on or being transmitted through onthespothosting's network.
Child Pornography -- Our policy on child pornography is zero tolerance. onthespothosting
will cooperate fully with any criminal investigation into a Customer's
violation of the Child Protection Act of 1984 concerning child pornography.
Customers are ultimately responsible for the actions of their clients over the onthespothosting
network, and will 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.
Defamatory or Abusive Language -- Using onthespothosting's network as a
means to transmit or post defamatory, harassing, abusive, or threatening
language; or engaging in any activity that violates the privacy, publicity, or
other personal rights of others.
Forging of Headers -- Forging or misrepresenting message headers,
whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks --
Accessing illegally or without authorization computers, accounts, or networks
belonging to another party, or attempting to penetrate security measures of
another individual's system (often known as "hacking"). Also, any
activity that might be used as a precursor to an attempted system penetration
(i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive
Activities -- Distributing information regarding the creation of and
sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing,
or denial of service attacks. Also, activities that disrupt the use of or
interfere with the ability of others to effectively use the network or any
connected network, system, service, or equipment.
Facilitating a Violation of this AUP -- Advertising, transmitting, or
otherwise making available any software, program, product, or service that is
designed to violate this AUP, which includes the facilitation of the means to
spam, initiation of pinging, flooding, mailbombing, denial of service attacks,
and piracy of software.
Export Control Violations -- Exporting encryption software over the
Internet or otherwise, to points outside the United States.
Usenet Groups -- onthespothosting reserves the right not to accept
postings from newsgroups where we have actual knowledge that the content of the
newsgroup violates the AUP.
Other Illegal Activities -- Engaging in activities that are determined
to be illegal, including advertising, transmitting, or otherwise making
available ponzi schemes, pyramid schemes, fraudulently charging credit cards,
and pirating software.
Other Activities -- Engaging in activities, whether lawful or unlawful,
that onthespothosting determines to be harmful to its customers, operations,
reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities
just described rests primarily with the subscriber. onthespothosting will not,
as an ordinary practice, monitor the communications of its customers to ensure
that they comply with onthespothosting policy or applicable law. When onthespothosting
becomes aware of harmful activities, however, it may take any action to stop
the harmful activity, including but not limited to, removing information,
shutting down a web site, implementing screening software designed to block
offending transmissions, denying access to the Internet, or take any other
action it deems appropriate.
onthespothosting also is aware that many of its customers are, themselves,
providers of Internet services, and that information reaching onthespothosting's
facilities from those customers may have originated from a customer of the
subscriber or from another third-party. onthespothosting does not require its
customers who offer Internet services to monitor or censor transmissions or web
sites created by customers of its customers. onthespothosting has the right to
directly take action against a customer of a subscriber. Also, onthespothosting
may take action against the onthespothosting subscriber because of activities
of a customer of the subscriber, even though the action may effect other
customers of the subscriber. Similarly, onthespothosting anticipates that
customers who offer Internet services will cooperate with onthespothosting in
any corrective or preventive action that onthespothosting deems necessary.
Failure to cooperate with such corrective or preventive measures is a violation
of onthespothosting policy.
onthespothosting also is concerned with the privacy of on-line communications
and web sites. In general, the Internet is neither more nor less secure than
other means of communication, including mail, facsimile, and voice telephone
service, all of which can be intercepted and otherwise compromised. As a matter
of prudence, however, onthespothosting urges its customers to assume that all
of their on-line communications are notare not secure. onthespothosting cannot
take any responsibility for the security of information transmitted over onthespothosting's
facilities.
onthespothosting will not intentionally monitor private electronic mail
messages sent or received by its customers unless required to do so by law,
governmental authority, or when public safety is at stake. onthespothosting
may, however, monitor its service electronically to determine that its
facilities are operating satisfactorily. Also, onthespothosting may disclose
information, including but not limited to, information concerning a subscriber,
a transmission made using our network, or a web site, in order to comply with a
court order, subpoena, summons, discovery request, warrant, statute,
regulation, or governmental request. onthespothosting assumes no obligation to
inform the subscriber that subscriber information has been provided and in some
cases may be prohibited by law from giving such notice. Finally, onthespothosting
may disclose subscriber information or information transmitted over its network
where necessary to protect onthespothosting and others from harm, or where such
disclosure is necessary to the proper operation of the system.
onthespothosting expects that its customers who provide Internet services to
others will comply fully with all applicable laws concerning the privacy of
on-line communications. A subscriber's failure to comply with those laws will
violate onthespothosting policy. Finally, onthespothosting wishes to emphasize
that in signing the service agreement, customers indemnify onthespothosting for
any violation of the service agreement, law, or onthespothosting policy, that
results in loss to onthespothosting or the bringing of any claim against onthespothosting
by any third-party. This means that if onthespothosting is sued because of a
subscriber's or customer of a subscriber's activity, the subscriber will pay
any damages awarded against onthespothosting, plus costs and reasonable
attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users,
including onthespothosting and its customers, as responsible members of the
Internet. Any complaints about a subscriber's violation of this AUP should be
sent to abuse@onthespothosting.net:.
Copyright Infringement
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications
of claimed copyright infringement on the onthespothosting system or Web site
should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING ONTHESPOTHOSTING
THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT
ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES.
THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US,
BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS
A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO
CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS
FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO
THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT
CONTACT.
Written notification must be submitted to the following Designated Agent:
onthespothosting
Attention: Legal Department
1814 Holland Brook Rd.
Suite 127
Neshanic Station 08853
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of
Claimed Infringement must include the following:
·
Physical or electronic signature of a person
authorized to act on behalf of the copyright owner.
·
Identification of the copyrighted work claimed
to have been infringed or a representative list if multiple works are involved.
·
Identification of the material that is claimed
to be infringing that should be removed or access to disabled and information
reasonably sufficient to enable the online service provider to locate the
material (usually a URL to the relevant page).
·
Information reasonably sufficient to allow the
online service provider to contact the complaining party (address, phone
number, e-mail address).
·
Statement that the complaining party has "a
good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent or the law."
·
Statement that the information in the notice is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the copyright owner.
Lawful Purpose
onthespothosting reserves the right to refuse service to anyone. Customers may
only use onthespothosting servers for lawful purpose. Transmission of any
material in violation of any Federal, State or Local regulation is prohibited.
This includes, but is not limited to copyrighted material, material legally
judged to be threatening or obscene, and material protected by trade secrets.
The designation of any materials as such described above is left entirely to
the discretion of onthespothosting management. Regardless of the place of
signing this agreement, the client agrees that for purposes of venue and
jurisdiction this contract was entered into and performed in Tarrant County,
Texas, and any dispute will be litigated or arbitrated in Somerset County, New
Jersey. Customer further waives all objections to venue or jurisdiction and
acknowledges that venue and jurisdiction in any such litigation will be held in
Somerset County Courts. IN NO EVENT SHALL ONTHESPOTHOSTING MAXIMUM LIABILITY
EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD ONTHESPOTHOSTINGHARMLESS
FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING
REASONABLE ATTORNEY'S FEES ASSERTED AGAINST C I HOST, ITS AGENTS, ITS
CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE
PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY
CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS ONTHESPOTHOSTINGAGAINST LIABILITIES ARISING OUT OF;
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH ONTHESPOTHOSTING'SSERVER; (2) ANY MATERIAL
SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY
RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE
PRODUCTS SOLD TO CUSTOMER FROM ONTHESPOTHOSTING SERVER.
Disclaimer
ONTHESPOTHOSTING WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY
SUFFER. ONTHESPOTHOSTINGMAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED
FOR SERVICES WE PROVIDE. ONTHESPOTHOSTING DISCLAIMS ANY WARRANTY OR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA
RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE
INTERRUPTIONS CAUSED BY ONTHESPOTHOSTING AND ITS EMPLOYEES. ONTHESPOTHOSTING
RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF ONTHESPOTHOSTING MUST
ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT
DEACTIVATION.
onthespothosting Privacy Policy
onthespothosting's policies and procedures for handling customer information
have been created with the understanding that Internet technologies are still
evolving and that Internet business methods are continuing to evolve to meet
the needs and opportunities of the changing technologies. As a result, onthespothosting's
policies and procedures are subject to change.
In the course of serving its customers, onthespothosting acquires, stores and
transmits customer communications and information that customers may regard as
private or sensitive. Some of this information - such as the customer's name,
address, telephone number, and credit card data - is provided to onthespothosting
by its customers in order to establish service. Other information - such as the
customer's account status, choice of services, and customer logs - is created
and maintained by onthespothosting in the normal course of providing service. onthespothosting
also uses cookies, which are small pieces of information that a web site can
store in a designated file on a user's computer for various reasons. For
example, onthespothosting uses cookies on the landing pages of products sold
online which record the customer information that is required on the order
form. This information is then forwarded to an internal sales tracking database
within onthespothosting. In addition, onthespothosting may store customers'
electronic mail and other communications as a necessary incident to the transmission
and delivery of those communications.
Data Security
onthespothosting will protect the confidentiality of its customers'
information, account information and personal communications to the fullest
extent possible and consistent with the law and the legitimate interests of onthespothosting,
its partners, its employees and other customers of onthespothosting's services.
To protect the loss, misuse, and alteration of information that is collected
from customers, onthespothosting has appropriate physical, electronic, and
managerial procedures in place.
How is customer information used?
onthespothosting may share customer information with selected partners, for
example, to provide customers with information about products which might be of
interest to the customer or to enable the customer to take advantage of special
partner programs. onthespothosting may also use customer information to provide
its customers with system information or information about new or upgraded
products.
In addition, onthespothosting has the right if it so desires, to share its web
site usage information about visitors to onthespothosting's web sites with any
chosen third-party advertising company, for the purpose of targeting onthespothosting's
Internet banner advertisements on onthespothosting's sites and other sites. Any
information collected by onthespothosting or chosen third-party advertising
company through the use of these pixel tags is not personally identifiable.
Opt Out & Modifications
Customers may opt out of receiving notices of new or upgraded products from onthespothosting
and onthespothosting partners by opting out of such mailing in there
administrative control panel. Customers must identify: service purchased from onthespothosting,
domain name (if applicable), contact information, and the date the service was
purchased. However, customers may not opt out of receiving information from onthespothosting
which is essential for maintaining or updating customers' accounts or system
information.
Most customers may access and modify their personal information via their
online personal control panel/account information page. All other customers may
access and modify their personal information by contacting the appropriate onthespothosting
billing organization.
Domain name customers who have registered a domain name with onthespothosting
and wish to change the Technical Contact from onthespothosting to another
company, may do so by requesting this change via there administrative control
panel.
Disclosure of customer information and communications
onthespothosting will not otherwise disclose its customers' personal and
account information unless onthespothosting has reason to believe that
disclosing such information is necessary to identify, make contact with, or
bring legal action against someone who may be causing harm or interfering with
the rights or property of onthespothosting, onthespothosting's customers, or
others, or where onthespothosting has a good faith belief that the law requires
such disclosure.
onthespothosting also will not, except for reasons stated below, disclose to
third parties the contents of any electronic mail or other electronic
communications that onthespothosting stores or transmits for its customers. The
circumstances under which onthespothosting will disclose such electronic
customer communications are when:
·
it is necessary in order to provide service to
the customer;
·
it is necessary to protect the legitimate
interests of onthespothosting and its customers;
·
it is required to cooperate with interception
orders, warrants, or other legal process that onthespothosting determines in
its sole discretion to be valid and enforceable; and
·
it is necessary to provide to a law enforcement
agency when the contents are inadvertently obtained by onthespothosting and
appear to pertain to the commission of a crime.
onthespothosting disclaims any intention to censor, edit or engage in ongoing
review or surveillance of communications stored on or transmitted through its
facilities by customers or others. onthespothosting will, however, review,
delete or block access to communications that may harm onthespothosting, its
customers or third parties. The grounds on which onthespothosting may take such
action include, but are not limited to actual or potential violations of onthespothosting's
acceptable Use Policy.