About :: Service Agreement

This service agreement has been put together to provide you with a complete and comprehensive set of policies that bind us as the hosting services provider, and you, our client.

Terms of Agreement

This service agreement is between National IT (hereinafter "Company," "we," "our," or "us") and you, our client (hereinafter "Client," "you" or "your").
Company, as your hosting service provider, will supply Client with a shared hosting solution. For all accounts, except domain name forwarding this solution will, at the very least, provide you with the selected amount of server or disk space to upload your website and an allocated amount of bandwidth transfer to allow for website connectivity. As your web hosting provider, we will make available various services and software for maintaining your website, as indicated on our website.
Upon paying for and using the hosting services provided by Company, Client indicates his/her agreement to the following terms and conditions, as outlined below. The use and or payment for Company services constitute an agreement with these terms and conditions. If you do not agree with any of these policies, please contact our Support Department immediately.
Use of Company services requires Client to be at least 18 years old.
Company requires that Client information, as listed on the account signup form, is a complete and accurate representation of Client contact details. Client must be a valid representative of the entity or organization listed on Company signup form.
This agreement supersedes any other oral agreement between Company and Client.
Any of the terms, prices or services offered can be modified or updated with prior online or email notification.

Client Responsibility

Client is responsible for uploading website files and/or providing and setting up any website content. Company is not responsible for modifying or updating website material unless otherwise agreed.
Client is responsible for the content of any postings, data or transmissions. This responsibility is extended to any individuals or entities given access to the account by the client.
While Company will assist you in any way reasonable, we are not responsible for ensuring your domain name is transferred to our servers. Client is responsible for making any necessary domain name server changes and ensuring the transfer is implemented correctly.
Client is responsible for updating and maintaining their contact information with Company. Any changes to the client contact information must be made using your account Control Panel. Client is responsible for ensuring that Company is able to notify the client for technical, billing or other issues or purposes deemed necessary by Company to maintain the account.

Lawful Purpose

Company reserves the right to refuse service to anyone in violation of our Acceptable Use Policy (AUP) or anyone using our networks or servers for unlawful purposes.
Client agrees to abide by all terms outlined in our AUP. Any violation of those terms will result in the actions outlined in our AUP.
Client accepts liability resulting from any breach of our AUP.
Client is responsible for making their end-users aware of all the policies of Company and is responsible for any breach of those policies by their end-users, as laid out in our AUP.

Payment Policies

General

Accounts will not be activated or reactivated without prior payment.
All hosting fees and domain name renewal fees are due on or before the due date of the renewing account and/or domain name.
Technical work or requested services will only be implemented once payment for the service has been secured.
Incomplete signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
We reserve the right to modify any billing prices subject to written notice via email or through a posting on our website.
Any losses or expenses experienced by the client, due to actions taken by the company in response to client non-payment, is not the responsibility of Company.

Credit Card Payments

Company can only receive credit card payments using MasterCard, Visa or American Express.
Company has the authority to charge for services requested, pending hosting or domain name renewals, using the credit card information you provide for charging on your account.
By purchasing our hosting services and selecting an annual billing payment cycle you are agreeing to allow the Company to place your account on a recurring payment plan. Upon your receipt of our emailed Company invoice, unless you indicate that you would like to cancel the account or stop the charges, the account will automatically be re-billed according to the information contained within the invoice. (See Cancellation Policy for details on how to cancel your account.)
Hosting invoices will be sent out 30 (five) days before the payment is due. Unless you indicate otherwise, the charges will automatically be placed on the credit card we have on file.
Domain renewal invoices will be sent out 30 days before the domain is due to expire. Unless you indicate otherwise, we will automatically charge the credit card we have on file two (2) weeks before the domain renewal date.
If you request a new service, we will attempt to charge your credit card on file at 12am (MST) on the day you request the new service. The service will only be set up if we are able to successfully charge the credit card we have on file.
A reminder notice will be emailed to you two (2) weeks before the due date of your hosting renewal. This message will serve as a reminder that your charges are coming due and will also indicate if you need to update your credit card information.
If we are unable to charge your credit card by the due date indicated on your invoice, your account will be suspended for non-payment and you will not be able to access your website.
If we are unable to charge for your domain name renewal by your renewal date, the domain will be left to expire and your account will be suspended and you will not be able to access your website.
After 28 days a suspended account will automatically be deleted from our system. When an account is deleted from our system, all copies of the website files are permanently and irretrievably removed from our servers.
If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees and a reactivation fee.
If we refund any fees due to any charges you dispute with your Credit Card Company, we will suspend your account. The suspended account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by Company resulting from your dispute or charge back request.

Domain Name

Once a domain name has been registered or renewed through Company, no refunds will be given for the domain registration or renewal fee.
The Client has full ownership rights over any domain name registered or renewed through Company, where the domain registration fees have been paid in full.
No domain name will be registered or renewed without prior payment of the required fee.
If we are unable to secure payment before the domain renewal date, the domain will expire and the hosting account will be suspended.
After 40 days, the domain name will be released by the Registrar Company and be made available to the general public for re-registration.
Once a domain has expired, if the registration fee is then paid, we will put in a request with our Registrar Company to renew and reactivate the domain name. This process is normally complete within four (4) days.
Once a domain has been renewed, if we receive a dispute of payment or a request for a refund from your credit card company, Company will take over the ownership of the domain name in question.
Company is not responsible for maintaining the registrant information for domain names. The domain owner can modify all this information using our Control Panel.
Company is not liable for any domain disputes that may arise over changed registrant information for a domain name.
Company is not responsible for resolving any domain disputes. These issues must be resolved by the parties involved, according to the legal bounds of ICANN (Internet Corporation for Assigned Names and Numbers), the domain name governing body. Company will not act as an arbitrator, but will honor any decisions determined by ICANN.

Account Ownership

Ownership of the account is determined by the individual or company listed in our database as the person or company paying for the account. This is determined as being the individual or company listed as the credit card holder on the account.
Company will only email account login information if we are able to verify the login for the account or the last four digits on the credit card used to pay for our services.
Client may modify the email address or credit card over the phone, provided Company can verify the status of the caller using the above method.
Company is not liable for any account disputes that may arise between various parties holding Company account login information when the information has been distributed by the verified account holder. Company is not responsible for any changes made to the account or any information that has been modified by Client, or any parties authorized by Client, to access the Control Panel.
Company will act in accordance with the above ownership rules unless compelled by a domain dispute ruling as determined by ICANN (Internet Corporation for Assigned Names and Numbers), the domain name governing body.

Cancellation Policy

We reserve the right to cancel any account for violation of our Acceptable Use Policy.
If you do not wish to continue hosting with Company, or do not wish to renew your domain name, it is your responsibility to contact our Support Department through your Customer Portal to cancel your account or domain name.
Transferring a domain to a new hosting company does not constitute canceling an account with Company.
All cancellation requests must be submitted using the Customer Portal . You will need to indicate when you would like to cancel the account and if you are keeping the ownership of the domain name that we registered for you. If you do not indicate that you would like to cancel the domain renewal your account will automatically be modified to the OpenSRS Plan for all future domain management. This change will cancel all hosting services but leave your account open for the domain renewal.
Should Client fail to adequately notify Company of their intent to cancel an account, and the account is automatically charged and renewed, we will only refund any annual charges placed on the account after the date the official notification was received.
Any account cancelled within 30-days of the initial sign up will receive a full refund for any paid for hosting fees. This refund does not include the domain registration or any setup fees for additional services requested.

Technology Parameters

Client is responsible for providing all telephone, computer, hardware and software equipment and services necessary to access Company networks, systems and servers. Company makes no assurances that the client's equipment is compatible with its services.
Company is not responsible for any service problems experienced due to the use of any programs, scripts or software that is not provided by Company nor resides on Company network, systems or servers.
Company is not responsible for the correct functioning or trouble-shooting of any programs, scripts or software placed on our servers by the client.

IP Address Ownership

Company owns and maintains all IP addresses assigned to our hosting accounts. We reserve the right to change or move them with prior notice.

Electronic Commerce

Client is responsible for maintaining and creating their own online store.
Client is responsible for ensuring that products or services sold or made available are not illegal, are accurately represented and that the content of the store and related offerings do not infringe the rights of others.
Client is responsible for fulfilling all the online store needs such as order fulfillment, shipping, data security, etc.
Client is responsible for the security of their clients' credit cards.
Company cannot be held liable for any disputed business transaction/s between our clients and their clients.

Website Accessibility

Clients data will made available to third parties via the Internet 24 hours a day, seven (7) days a week, excluding the following circumstances:
- Scheduled maintenance and regular system repairs as initiated by Company.
- Down time caused by circumstances beyond Company control.
- Down time caused by circumstances not reasonably foreseeable by Company such as (but not limited to) service problems experienced due to telecommunications or digital transmission links failures or interruptions, or general Internet failures or slow-downs.

Complaint Against Client (excluding Trademarks and Copyright complaints)

Generally speaking, unless Company is issued a court order, or otherwise required by law, Company will respond to third-party complaints or notices by submitting the information to Client and asking Client to respond appropriately. With few exceptions, we will not deactivate or delete client accounts.
Company does not proactively review the website content or email of our clients. In some situations, as outlined above or in our AUP, we will review website content or email to validate compliance with our AUP.
We take no responsibility for the content or information contained on our clients' websites or within their email.

Emergencies / Use Effecting Others

We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our clients, including but not limited to actions requiring us to deactivate your website, shut down our network, or review the content on your website to evaluate the reason for perceived behaviors.
In rare instances, we may need to completely delete your website because of some significant failure, security breach or other emergency. In such cases, we do our best to backup your website, but we cannot ever guarantee a full restore of your website.

Backup / Restore

Company cannot guarantee that the contents of your website will never be deleted, or that a backup of your website will always be available.
We always RECOMMEND that our clients keep a local backup of their website. This means that all contents of a website should be copied to your local desktop computer and you should take steps to make a third backup (on tape, multiple floppies, another desktop, or elsewhere).
Company makes a full backup of each server, each night (starting around 12am, MST). For every server we have a tape for each day of the week and for Friday, we have three (3) tapes. This means that for every Monday, we use the Monday tape. If it's Tuesday and you want to restore from a week prior to last Monday, we could only provide the restore from last Tuesday.
We charge an administrative fee to restore your website and it usually takes us approximately 24 to 48 hours to fulfill restore requests.

Privacy

Company will not, without Client's permission, release or sell Client's contact information, unless legally compelled to do so.
Client gives Company consent to contact Client directly, via Postal Mail, email or phone, regarding its services, for client survey feedback, general announcements or other information that Company may deem potentially important to Client.

Termination of Agreement

This agreement may be terminated by either party upon written notice of a breach of the policies laid out in this service agreement.
The termination is valid if either party breaches any policies laid out in this agreement and the breaching party fails to remedy the breach within two (2) weeks of receiving written notification of the breach or if either party is the subject of a filing of bankruptcy action in any court of competent jurisdiction, whether initiated by the party or adjudged against the party.

Limitations of Liability

Company operates a shared hosting environment, which affords a cost-effective hosting option for our clients and introduces some risk that a client could impact others.
We cannot accept any liability for downtime, interruptions of service, loss of business, breach of security or inadvertent access to your private data.
We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where Company must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.
COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED IN CONNECTION WITH ITS PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE MAXIMUM LIABILITY OF COMPANY TO CLIENT FOR DAMAGES RELATING TO COMPANY'S FAILURE TO PROVIDE SERVICES SHALL BE LIMITED TO REIMBURSEMENT OF THE TOTAL FEES PAID BY CLIENT TO COMPANY. NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY OF COMPANY TO CLIENT FOR DAMAGES FOR ANY AND ALL OTHER CAUSES WHATSOEVER, AND CLIENT'S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO REIMBURSEMENT OF THE TOTAL FEES PAID BY CLIENT TO COMPANY. IN NO EVENT SHALL COMPANY BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, OR (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY'S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE.

Acceptable Use Policy

National IT (hereinafter "Company," "we," "our" or "us") is a provider of hosting solutions. In order to completely fulfill your needs as our client (hereinafter "Customer") for reliable service and to meet the challenge of supporting the Internet as a diverse forum for free and open discussion and the dissemination of information, we as a responsible Company, have certain legal, ethical and operational obligations.

To protect the competing interests of Internet users and our clients, we enforce this Acceptable Use Policy (AUP). This AUP has been established in the spirit of determining guidelines for our clients, to clarify their rights and responsibilities as Internet users and clients of our services. This AUP aims to clearly outline those activities that are harmful to the efficiency of our servers and which, according to our discretion, compromise our shared hosting environment. As a member of the Internet community, our Company, through this AUP, aims to prevent those activities that are either irresponsible or disruptive to the Internet activities of others. We also proscribe all those activities that fall outside the legal boundaries of acceptable Internet use and behaviors. For any of the activities outlined below, we reserve the right to take preventative or corrective action, at our discretion.

The use of Company services by our clients constitutes an acceptance of the terms laid out in this AUP. This AUP may be revised in the future, in order to better meet the needs of the changing Internet environment, the legal landscape in the United States and our clients' needs. The continued use of our services constitutes an acceptance of any new terms and conditions. We strongly encourage you to review this AUP periodically or whenever you are contemplating any new activity related to your account with our Company.

Violations

Clients are said to be in violation of this AUP when they, their clients, affiliates and/or subsidiaries engage in any of the following proscribed activities:

Spamming refers to the act of sending, supporting, assisting, or commissioning the sending of, unsolicited commercial messages over the Internet to others. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious tracts. Such messages may only be sent to individuals that have explicitly requested the information from you. Spamming is considered harmful because it can overload the Company's server network, can disrupt service to our other clients, violate our terms of service with "upstream providers," and foster a negative perception toward the Company. Spamming includes, but is not limited to, any means of Internet-based transmissions, such as email, newsgroup, Internet fax or Internet phone. It is a violation of this AUP to commission spamming by a third-party, even if that third-party does not use Company systems, networks or resources, if the spam message contains any reference to a website hosted by us or contains any other reference, message or link attributable to any service, network or system of the Company.

Forging Headers refers to the act of altering, removing or misrepresenting email headers, whether in whole or in part, to mask the originator of the email. Like spam, forging headers is harmful to our servers and compromises our reputation.

Spamming Newsgroups by sending, or commissioning the sending of, commercial advertisements or other messages to one or more different, off-topic newsgroups, are unwelcome in most Usenet discussion groups and on most electronic mailing lists (discussion lists). If you are unsure about a posting to a Usenet group, please refer to the newsgroup or mailing list's charter to determine if advertising is allowed.

Harassment represents the act or intention of intimidating, threatening, frightening or otherwise harassing others, using company servers, networks and infrastructure. Harassment can result from the language of correspondence, or the frequency or size of messages. A single unwelcome message can be considered harassment. Additional messages sent to an unwilling recipient, after being requested to stop by that recipient, can also be construed as harassment.

Defamatory or Abusive Language by using our network as a means to distribute, transmit, facilitate or post defamatory, harassing, abusive or threatening language or anything that a reasonable person would regard as hate speech or literature. This includes language or other activity that significantly prejudices, creates a hostile bias, or grossly defames a class of individuals. This policy includes links placed in websites to other materials and sites containing this type of information. National IT will be the sole arbiter in determining violations of this provision and reserves the right to take immediate action up to and including disabling your account upon receiving notice that your account contains this information.

Facilitating a Violation of the AUP by advertising, transmitting, or otherwise making available any software, program, product, service or information that is designed to violate, or assist in the violation of this AUP. This includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, piracy of software, or other means or mechanisms that interrupt another's use of the Internet or another's property.

Illegal or Unauthorized Access to Other Computers or Computer Networks by accessing, attempting to access, monitoring, or disrupting another's account, computer, computer network, or otherwise attempting to circumnavigate the security measures of another individual's system without their permission. This type of activity is extremely harmful and could result in a severe security breach. Any activity that might be used as a precursor to an attempted system penetration is also regarded in the same manner (for example: port scan, stealth scan, or other information gathering or monitoring activity). This also includes, but is not limited to, an attempt to circumvent security in order to obtain access to services on Company servers that are not provided in your account and scanning our network or other networks with the intent to breach and or evaluate security vulnerabilities.

Unauthorized Reselling or Providing Access to Account Services such as offering email services and accompanying features for use by individuals outside of the required use on your own account; the reselling of CGI scripts installed on the Companies servers; or providing access codes to individuals not authorized to receive such materials as necessary for the running of your website or account. Excessive CPU, Bandwidh or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other clients.

Distribution of Internet Viruses, Worms, Trojan Horses, Denial of Service Attacks, or Other Destructive Activities by sending or distributing malicious code, or information regarding the creation of Internet viruses, worms, Trojan Horses, mail bombing or denial of service attacks, whether you actually intended to send or distribute such malicious code or information. This includes sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding and any other activity that may be deemed harmful and that may result in a denial of service against any computer or computer network. Also, activities that disrupt the use of, or interfere with the ability of, others to use a computer network and any connected network, system, service or equipment. These types of activities are not only harmful to the shared hosting environment but also slow and cause damage to the entire Internet.

Intellectual Property Violations by engaging in any activity that infringes or misappropriates the intellectual property rights of others, including but not limited to copyrights, trademarks, service marks, trade secrets, software and patents held by other individuals, corporations or other entities. Our Company is required by law to respond immediately to a copyright infringement and block access to customer content upon receipt of an official notice of a copyright violation. For more information on the Digital Millennium Copyright Act (DMCA), click on the following link: http://lcweb.loc.gov/copyright/legislation/dmca.pdf. Common instances leading to intellectual property violations involve the unauthorized use of pictures, framing another's website within your own without permission and using another's trademarks without their permission to promote competing goods or services.

The Digital Millennium Copyright Act (DMCA) Procedures When we receive proper notice that your website infringes the copyrights of another, we have a legal obligation, per Title 17 United States Code, Section 512, to "respond expeditiously to take the material down or block access to it." The procedure we follow, given our reading the DMCA [Title 17 United States Code, Section 512(c)(3)], is as follows:

If we receive “proper notification” of an infringing website, we send an email notice to both our customer and the individual or organization issuing the "proper notification" (hereinafter “Complaining Party”), then we deactivate the website “expeditiously.” (See below regarding what “deactivate” means and note that neither the courts nor the DMCA have specifically defined what “expeditiously” means).
If we receive "notification," but it is not proper (i.e. more than technical errors contained within the notice), we will use our best judgment to ascertain whether the website does indeed infringe on the copyrights asserted in the notification. If we deem the website to infringe, we follow the activities in Step 1 above. If we cannot validate infringing activity, we will not "deactivate" the website, but instead send an email notice to both Customer and the Complaining Party with a statement that we opted to not "deactivate" the website because notice was not proper, and we could not determine copyright infringement; and we then request either "proper notification" or a court order.
If we do "deactivate" your website because of "proper notification" (not court order), our clients have two options: (a) refute the claim, or (b) remove the alleged infringing material. o Refuting the Claim. You may submit a "proper counter notification" (see below) to us indicating that "the material was removed or disabled through mistake or misidentification." We MUST reactive your website when we receive such a proper counter notification, in not less than 10 business days and not more than 14 business days. When we receive proper counter notification from you, we do not validate your notice or any claims, although we are required by the DMCA to forward your counter notification to the Complaining Party. o Removing the Alleged Infringing Material. You have the option of removing the infringing material and petitioning us to reactivate your account. To do so, you must submit an affidavit with us, specifically indicating that “under penalty of perjury that you have a good faith belief that all material alleged to infringe was removed or disabled from your website.” This affidavit must contain all the components indicated in “proper counter notification,” except item #3 (see below). When we receive this affidavit, we will review and forward to the Complaining Party. We may, or may not, reactivate the website at this time; although we will act as a conduit of communications between you and the Complaining Party until a resolution is achieved. Alternatively, you have the option submitting a “proper counter notification” (see “Refuting the Claim” above) once you feel your website does not contain infringing material.
When you file a “proper counter notification” with us, the Complaining Party has the option of obtaining a court order to prevent activation of your website. If this happens, we will comply with the court order and notify you.
Proper Notice of Copyright Infringement: [Title 17 United States Code, Section 512(c)(3)(A)]. For "proper notice," we require (1) a physical or electronic signature of copyright holder or authorization to act on behalf the copyright holder; (2) Identification of the copyright work alleged to be infringed on the website; (3) Identification of the material that is infringing or the subject of infringing activity; (4) Information necessary for us to contact the Complaining Party; (5) A statement that the Complaining Party has a good-faith belief that material alleged to be infringing is not authorized by the copyright holder; and (6) A statement that "the information in the notification is accurate and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Proper Counter Notification: [Title 17 United States Code, Section 512(g)(3)]. For "proper counter notification," we require (1) Your physical or electronic signature; (2) Identification of the material which has been removed, disabled or deactivated; (3) A statement "under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;" and (4) Your name, address, telephone number and a statement that you "consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for the United States District Court, District of New Mexico and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person."
Deactivation: Deactivation does not necessarily mean deletion. Unless under court order, or if we judge your website content to contain prohibited content, we will not delete your website content when deactivated as a result of our receiving "proper notification" of copyright infringement. Your website content will remain on our servers for as long as your account remains in good standing with us.

Trademark Infringement is any use of a trademark, service mark, trade dress or other identifying mark, word, phrase, color, picture or layout that could lead to a likelihood of confusion between you and the legitimate holder of a valid trade or service mark. For the purposes of this AUP, a "valid trade or service mark" is defined as another entity that either has a registered mark in a WTO signatory country http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm), or can prove prior use. There are relatively few "safe harbor" provisions or exceptions in United States Trademark law that limit our liability to a Customer's infringing activity of a trademark. Therefore, we take notices of alleged trademark infringement seriously, and with few exceptions, will require Clients to quickly comply. There are fair use exceptions to trademark protections. We will allow Customer to use another's trademark in fair use situations, but we apply a rather restrictive view on the meaning of fair use. If there is any possibility of a likelihood of confusion as to the originator of the offerings (product, service or information) on your website, we will side with the complaining party.

Alleged Trademark Infringement Procedure When our Company receives notice of alleged trademark infringement activity, we will act as follows:

Submit a notice to the Customer.
If we believe there is any merit to the notice, we will give the Customer a predetermined amount of time (usually 48 hours) to take corrective action or provide unequivocal proof of either (a) permission to use trademark, or (b) that the Customer's use of trademark is superior to complaining party.
If the Customer fails to take corrective action, or fails to respond with unequivocal proof as required above, we will deactivate the account.

Obscene Speech or Materials by using our computer network to advertise, transmit, store, post, display or otherwise make available child pornography or obscene speech or material. All material on our network and servers must comply with United States laws. Furthermore, all material placed on our network and servers by our clients must be legal in their own jurisdiction. For child pornography, we immediately notify law enforcement agencies when we become aware of the presence of child pornography on or being transmitted through our network.

Other Illegal Activities where the transmission or storage of any information, data or material is in violation of United States Federal or State regulations. Engaging in activities that are determined to be illegal, including advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging or collecting credit cards or information and pirating software. Activities may be deemed illegal according to the laws and jurisdictions of where the activity is generated, as well as according to the jurisdiction of where the activity is directed.

Other Activities or Information, lawful or unlawful, that we deem harmful, offensive, controversial, infamous or other to either the Company, its clients, or third-parties, such that we reasonably believe our clients, operations, reputation, goodwill or general customer relations could potentially be negatively impacted.

Remedies and Action

Responsibility of avoiding the above harmful activities rests solely on you, our Customer. We do not, and will not, monitor website content or communications of our clients. However, if we learn of a violation of our AUP, we will respond accordingly and at our sole discretion. The type of action taken will depend on the severity and duration of the violation, as well as perceived breadth and severity of the harm to us, or others. When we become aware of an alleged violation of our AUP, we will (as quickly as practical) investigate the claim and determine the course of action necessary to remedy the problem. No credits will be issued for down time incurred if the account is suspended (i.e. "deactivated") or deleted due to what we perceive as a violation of this AUP, whether or not it is later proven that any AUP violation existed.

One or more of the following responses may occur:

A warning is issued to the account holder.
A request is issued to remove offending content.
The hosting account is suspended (i.e. "deactivated").
A monetary deposit is requested as assurance against future behavior (i.e. "security deposit").
The hosting account is deleted, such that all information is permanently and irretrievably removed from our servers, potentially without your knowledge or notice.
Action is taken in accordance with our AUP, Service Agreement, or applicable law.
In certain egregious circumstances, we may notify the proper legal authorities.

Miscellaneous

Monitoring - We will not intentionally monitor private email messages sent or received by our clients, unless required to do so by law or court order. However, we reserve the right to monitor our servers and equipment, which may include your data and information, to ensure that our systems are operating optimally.

Disclosure of Private Information - We will not disclose private customer information unless compelled by law or court order.

Practicality / Timeliness - We will react to notices regarding violations as quickly as practical, given our judgment as to the potential harm and consequences of the alleged violation. Proof - In instances where alleged AUP violations by our clients have not been substantiated by the notice sent to our Company and the accuracy of the notice cannot be substantiated by us after a review of the facts, we reserve the right to use our best judgment on who bears the burden of proof for or against the alleged AUP violation. In such cases, we generally place the burden of proving the AUP violation on the complaining party. However, there are some instances where we may place the burden of proving an AUP violation did not occur on our customer - these instances will usually involve what we view as a protected class (i.e. potential harm to minors).

Jurisdiction - We always apply the laws of Canada to any legal analysis by our Company. We will also apply, when and where applicable for a particular website, the laws of the jurisdiction where our Customer sits, the jurisdiction(s) directly targeted or marketed (through proactive means) by our Customer and the jurisdiction that "owns" content on our customer's website.