1. Introduction, Purpose, and
General Terms.
1.1. This Web site gives you the ability to learn about
Webdesigns and its products and services as well as the ability to access our
network. By using this site, and any other sites or services owned, operated, or
provided by Webdesigns, you signify your agreement to the terms, conditions and
notices of this policy. “You” when used in the Agreement shall mean the
Webdesigns Customer of record and that Webdesigns 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 Webdesigns the authority
to take action to restrict or terminate your access to Webdesigns Services. Webdesigns
reserves the right, at its sole discretion, to update or revise this policy,
any other policy or statement on any Webdesigns Web site, and any product
offerings or programs described on any Webdesigns 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 Webdesigns (“Company”) governing
the use by the Customer (“Customer”) of the Company’s services and products (“Services
and Products”). The purpose of Webdesigns’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 Webdesigns.
Webdesigns 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 Webdesigns Services, the
rules in this AUP have been established to protect against abuse. The AUP is
not an all-inclusive, exhaustive list and Webdesigns 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.
1.5. Any violation of the AUP may result in the suspension or
termination of your account or such other action, as Webdesigns 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 WEBDESIGNS.
1.7. Any questions or comments regarding the AUP should be
directed to Webdesigns by e-mail to the following e-mail address webdesigns@distinctivechoicecc.com,
for issues concerning the AUP.
2. General Prohibitions.
You may not use this site or
Webdesigns’s Services for any purpose that is unlawful or in any manner that
could damage, disable, overburden or impair the operation of this site.
2.1. You may not use this site or Webdesigns’s Services for any
purpose that is unlawful or in any manner that could damage, disable,
overburden or impair the operation of this site.
2.2. Adult Content Prohibited.
2.2.1. Adult-oriented sites demand special system, network, and
bandwidth requirements. Webdesigns does not accommodate those extraordinarily
large requirements in its standard shared, e-commerce, reseller, and semi-dedicated
hosting plans. Therefore you may not use Webdesigns’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, Webdesigns 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
Webdesigns’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 Webdesigns, you must comply with all such
applicable laws.
However, Webdesigns 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 Webdesigns advise you
about how to comply with any such laws. Furthermore, laws vary throughout 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 Webdesigns’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 Webdesigns does not censor the content of your
Web sites and pages.
2.2.5. You may not use Webdesigns’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 Webdesigns’s services are
offered, or where they can be viewed through Webdesigns’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 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
Webdesigns’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 Webdesigns’s sole discretion:
3.1. violates, attempts to violate, or helps any third party to violate
any local, state, federal, international, or non-South African 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 Webdesigns or its network
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
Webdesigns’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 Webdesigns 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 Webdesigns.
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 Webdesigns. Webdesigns
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 Webdesigns 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 Webdesigns
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 Webdesigns 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 Webdesigns by offended users. Webdesigns 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.
Webdesigns 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
Webdesigns 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. Webdesigns No-Spam Policy
(NSP).
7.1. Customer shall comply with all the terms and conditions of
Webdesigns’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 Webdesigns.
7.2. At Webdesigns, we are committed to providing valuable
hosting services to our valued customers.
7.3. An important part of Webdesigns’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 Webdesigns.
7.4. To report any spam you receive that identifies itself as
coming from the hostingzoom.com servers or claims to be related to Webdesigns
in any way, please send an e-mail message to us at webdesigns@distinctivechoicecc.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 Webdesigns 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, Webdesigns 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.
Webdesigns 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
Webdesigns’s services whether or not the message actually originated from our
network.
Violation of this NO-SPAM policy
will result in Webdesigns taking one or more of the following actions:
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
Webdesigns.
You agree to defend, hold harmless, and indemnify Webdesigns 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.
7.9 Mailing Limits
You may not send more than 600 emails per hour. Any emails sent
over this limit will be discarded.
8. Resource Abuse.
You agree to not use excessive
amounts of resources. Any violations may result in us taking corrective action
in order maintain server stability by killing any processes, disabling and/or
suspending your account.
8.1 Shared hosting accounts may not use more than 3% CPU daily,
run more than 24 simultaneous processes or allow any process to run for longer
than 45 CPU seconds. Databases are limited to 24 max user connections.
Semi dedicated hosting accounts may not use more than 6% CPU
daily, run more than 30 simultaneous processes or allow any process to run for
longer than 60 CPU seconds. Databases are limited to 30 max user
connections.
9. No Editing, Censoring, or
Control of Communications; Reservation of Rights.
Your participation in online
communication or use of any Webdesigns service is not edited, censored, or
otherwise controlled by Webdesigns. However, Webdesigns reserves the right to
monitor content on this site and on any Webdesigns servers, networks, or
systems and to remove content, disable sites, or suspend or terminate services
if Webdesigns, in its sole discretion, determines such content or user
practices are harmful, offensive, or otherwise in violation of this Acceptable
Use Policy.
10. 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.bis.doc.gov/Encryption/
11. International Use.
Webdesigns makes no
representation that materials available on this site or any or through any
Webdesigns 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 Webdesigns 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 Webdesigns, 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.
12. Intellectual Property
Rights.
12.1. All Webdesigns Web site design, text, graphics and the
selection and arrangement thereof are the copyrighted work of Webdesigns, 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 Webdesigns or by law, and Webdesigns shall, in
any event, retain all copyright and other proprietary interests in said page,
information, or content.
12.2. 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
Webdesigns service. Nothing on any Webdesigns 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 Webdesigns by virtue of it
being displayed or made accessible on any Webdesigns Web site. Except as
expressly authorized, you agree not to use this site or any Webdesigns 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 Webdesigns Services.
12.3. If you use a domain name or content in connection with the
Webdesigns 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,
12.4 Webdesigns’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.
12.5. 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.
Webdesigns will cooperate with all law enforcement agencies in relation to
alleged copyright infringement based on content housed in our data centers.
12.6. Please see Copyright Infringement Reporting on the
Webdesigns Web site for procedures on disclosing alleged copyright
infringement.
13. Customer’s Grant of Limited
License to Webdesigns; Warranties on Content.
By posting or submitting content
to any Webdesigns Web site or server, you:
13.1. Grant Webdesigns 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 Webdesigns;
13.2. 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 Webdesigns privacy policy. By ordering or using Webdesigns’s
services, you explicitly consent to this provision regarding privacy.
WHILE WEBDESIGNS 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 WEBDESIGNS PRIVACY POLICY MAY BE LESS THAN
THOSE GUARANTEED BY THE LAWS OF THE COUNTRY WHERE YOU RESIDE.
13.3. 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
Webdesigns does not and will not infringe or violate the rights of any third
party; and
13.4. Agree to defend, hold harmless, and indemnify Webdesigns
for any claims of any third party resulting from the public posting or use of
your content.
14. IP Allocation.
Webdesigns 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
Webdesigns staff or network administrators.
15. Restrictions on Use of
Webdesigns Services.
15.1 You may not operate Internet Relay Chat (“IRC”) servers
using Webdesigns’s services.
15.2. 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.
15.3. You must not use any programs that may or will interfere
with another’s use of this site or any Webdesigns Services.
15.4. You may not run any background processes on the Webdesigns
servers, networks, or systems without prior written authorization from
Webdesigns.
15.5. You may not use any Webdesigns services to send
denial-of-service (DOS) attacks to any computer or network, or to “flood” any
computer or network.
15.6. You may not host any type of HYIP, autosurf, proxy, or bit
torrent on Webdesigns servers.
15.7. You may not use any Webdesigns services to make available
to third parties for any use other than normal access to that account's Web site.
15.8. You may not use our service to offer any free services
including but not limited to free hosting, free email service, free blogging
service, free home pages, free image hosting.
15.9. Webdesigns reserves the right to add further restrictions
to Customers’use of the Webdesigns Services if such further restrictions are
reasonably necessary to keep its hosting service operating efficiently for all
users.
16. Suspension and Cancellation.
Webdesigns 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. Webdesigns 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. Webdesigns reserves the right to terminate service without notice for
continued and repeated violations of the AUP, the NSP, the Privacy Policy, or
the TOS.
17. Notices Regarding Violations
of AUP and Intellectual Property Rights.
17.1. The Webdesigns Agreement and all its components prohibit
acts of copyright and trademark infringement and other unlawful behavior by
Webdesigns Customers. Webdesigns 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.
17.2. General Complaints: Please send reports of any activity in
violation of this Acceptable Use Policy to webdesigns@distinctivechoicecc.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. Webdesigns will
reasonably investigate incidents involving such alleged violations. Webdesigns
may involve and will cooperate with law enforcement officials if any criminal
activity is suspected. Violations may result in criminal and civil liability.
17.3. Copyright/Trademark Infringement Complaints: If you believe
that your copyright or trademark has been used by a Webdesigns subscriber
without permission, such that the use may constitute infringement of your
intellectual property rights, please contact us at webdesigns@distinctivechoicecc.com.
18. Miscellaneous.
All monetary amounts to which
this Agreement refers shall be in United States dollars.
19. Revisions.
Webdesigns may revise this
Acceptable Use Policy without prior notice.
1. Introduction.
Webdesigns respects the privacy
of every individual who visits its Web sites and uses its services. This
privacy statement provides notice of the standards and terms under which
Webdesigns protects the privacy of information supplied by visitors to sites on
the World Wide Web that are owned and operated by Webdesigns, including webdesigns.distinctivechoicecc.com.
This privacy statement provides notice of our information collection practices
and of the ways in which your information may be used. This policy may change
from time to time, so please check back periodically to review this
information.
2. Personally Identifiable
Information.
Webdesigns typically receives
specific data about its Web site visitors only when such information is
provided voluntarily, such as when our visitors request information, purchase
or enroll for services, provide resume information for employment
opportunities, or send us e-mail. Of course, some of these activities require
that you give us information, such as when you make a purchase, use a credit
card or electronic payment service to pay for Webdesigns services, submit your
resume, or request certain types of information.
We collect the following types
of information about you.
Contact Information
• Name
• Company
• Postal Address
• City
• State
• Country
• Zip code or postal code
• Email address
• Telephone number
• Fax number
• Internet domain name
Financial Information
• Credit or debit card
information
• Cardholder name
• Card number
• Type of card (e.g., Visa,
Mastercard)
• Expiration date
• Security code
Verification Data
• Internet Protocol (IP) address
for fraud-prevention purposes
When you provide personally
identifiable information to Webdesigns through one of our Web sites, it will be
used to fulfill your specific request. However, Webdesigns reserves the right,
in its discretion, to send you bulletins and other important information about
your Webdesigns services.
Webdesigns currently only sends service communication e-mails through webdesigns.distinctivechoicecc.com, and does not send marketing e-mails or newsletters through webdesigns.distinctivechoicecc.com. The s