The following is Certified
Hosting’s Acceptable Use Policy. By using Certified
Hosting’s Hosting services (“Services”),
you agree to comply with this Acceptable Use Policy. You
also agree to require your end users to comply with this
Acceptable Use Policy. Certified Hosting reserves the right
to amend this Acceptable Use Policy at any time, with or
without notice to you. Certified Hosting agrees to post
any changes to this Acceptable Use Policy on the Certified
Hosting Homepage (located at: www.Certified Hosting.com)
and you agree to periodically review this Acceptable Use
Policy as modified from time to time. You agree to be bound
to this Acceptable Use Policy, as modified from time to
time, every time you use or access the Services.
Pursuant to your Hosting Services Agreement,
Certified Hosting may, at its sole discretion, immediately
terminate your access to the Services if your conduct violates
(or appears to violate) the Acceptable Use Policy. In addition,
Certified Hosting may, at its sole discretion, immediately
terminate your access to the Services, if any of your end
users violate the Acceptable Use Policy.
NO UNLAWFUL OR PROHIBITED
As a condition of your use of the Services, you will not
use the Services (nor will you permit an end user to use
the Services) for any purpose that is unlawful or otherwise
prohibited by this Acceptable Use Policy. You may not use
the Services (nor will you permit an end user to use the
Services) in any manner that could damage, disable, overburden,
or otherwise impair any of the Services offered by Certified
Hosting, or any services offered by a third party, or interfere
with any other party’s use and enjoyment of any of
our Services. You may not (nor will you permit your end
users to) attempt to gain unauthorized access to any Service,
other accounts, computer systems or networks connected to
our network through hacking, password mining or any other
means. You may not (nor will you permit your end users to)
obtain or attempt to obtain any materials or information
through any means not intentionally made available through
USE OF SERVICES
The Services are designed to enable you and your end users
to communicate with others via the Internet. You agree to
use the Services (and to require your users to use the Services)
only to post, send and receive messages and material that
is proper and, when applicable, related to the particular
Service. By way of example, and not as a limitation, you
agree that when you (or your end users are) using a Service,
you (and you end users) will not:
A. Use the Service in connection with unlawful
contests, lotteries, or gambling; pyramid schemes, chain
letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
B. Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity)
C. Publish, post, upload, distribute, traffic or disseminate
any defamatory, obscene, or otherwise unlawful content,
such as child pornography.
D. Publish, post, upload, distribute or disseminate any
topic, name, material or information that incites discrimination,
hate or violence towards one person or a group because of
their belonging to a race, a religion or a nation, or that
insults the victims of crimes against humanity by contesting
the existence of those crimes.
E. Upload, or otherwise make available, files that contain
images, photographs, software or other material protected
by intellectual property laws, including, by way of example,
and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless you own or control
the rights thereto or have received all necessary consents
to do the same.
F. Use any material or information, including images or
photographs, which is made available through the Services
in any manner that infringes any copyright, trademark, patent,
trade secret, or other proprietary right of any party.
G. Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another’s
computer or property of another.
H. Use of meta tag searches on the web sites.
I. Download any file posted by another user of a Service
that you know, or reasonably should know, cannot be legally
distributed in such manner.
J. Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of
the origin or source of software or other material contained
in a file that is uploaded.
K. Restrict or inhibit any other user from using and enjoying
L. Violate any code of conduct or other guidelines which
may be applicable for any particular Service.
M. Harvest or otherwise collect information about others,
including e-mail addresses, except as needed to operate
your site and as permitted in your site’s privacy
policy (if any).
N. Violate any applicable laws or regulations.
O. Create a false identity for the purpose of misleading
P. Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory of
users of the Services or other user or usage information
or any portion thereof.
Certified Hosting reserves the right at
all times to disclose any information as Certified Hosting
deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole
or in part, in Certified Hosting’s sole discretion.
Certified Hosting does not control or endorse
the content, messages or information found in any Service
and, therefore, Certified Hosting specifically disclaims
any liability with regard to the Services and any actions
resulting from your participation in any Service.
TO Certified Hosting FOR POSTING
Certified Hosting does not claim ownership of the materials
you provide to us to post, upload, input or submit to any
Service (each a “Submission” and collectively
“Submissions”). However, by posting, uploading,
inputting, providing or submitting (“Posting”)
your Submission you are granting Certified Hosting permission
to use your Submission in connection with your site, including,
without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; to publish
your name in connection with your Submission; and the right
to sublicense such rights to any supplier of a Service.
No compensation will be paid with respect
to the use of your Submission, as provided herein. Certified
Hosting is under no obligation to post or use any Submission
you may provide and Certified Hosting may remove any Submission
at any time in its sole discretion.
By Posting a Submission you warrant and
represent that you own or otherwise control all of the rights
to your Submission as described in this Acceptable Use Policy,
including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
You represent and warrant that all content appearing on
your website complies with Title 18, U.S.C. s. 2257, you
have taken and shall take all acts during the time in which
you receive the Services to comply with Section 2257, and
that all models depicted in your site are over the age of
Certified Hosting has no obligation to monitor the Services.
However, Certified Hosting reserves the right to review
materials posted to a Service and to remove any materials
in its sole discretion. Certified Hosting reserves the right,
in its sole discretion, to terminate your access to any
or all Services and the related services or any portion
thereof at any time, with or without notice, for violating
this Acceptable Use Policy. Your rights and obligations
upon termination of any Service are governed by the Hosting
Terms and Conditions Agreement. Upon termination of the
Service, your right to use the Service immediately ceases.
Certified Hosting shall have no obligation to maintain any
content or to forward any unread or unsent messages to you
or any third party after termination of the Services.
NO SPAM; DAMAGES
Certified Hosting will immediately terminate any account
which it believes, in its sole discretion, is transmitting
or is otherwise connected with any spam or other unsolicited
bulk email. In addition, because damages are often difficult
to quantify, if actual damages cannot be reasonably calculated
then you agree to pay Certified Hosting liquidated damages
of $5 for each piece of spam or unsolicited bulk email transmitted
from or otherwise connected with your account, otherwise
you agree to pay Certified Hosting’s actual damages,
to the extent such actual damages can be reasonably calculated.
You agree to comply with all applicable
laws regarding commercial bulk e-mail, including without
limitation, all applicable notice requirements and “do
not contact” requests.
NOTICE OF CLAIMED
Certified Hosting respects the intellectual property of
others, and we ask our users to do the same. If you believe
that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights
have been otherwise violated, please provide Certified Hosting’s
Copyright Agent the following information:
A. an electronic or physical signature
of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest;
B. a description of the copyrighted work or other intellectual
property that you claim has been infringed;
C. a description of where the material that you claim is
infringing is located on the Services;
D. your address, telephone number, and email address;
E. a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
F. a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that
you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property
You may send your Notice of Claimed Infringement
Lawrence G. Walters, Esquire
781 Douglas Avenue
Altamonte Springs, FL 32714
Fax: (407) 774-6151
Please do not send other inquires or information
to our Designated Agent.
NOTICE AND TAKE DOWN
Certified Hosting reserves the right at any time to implement
a “notice and takedown” procedure upon receipt
of any notification of claimed infringement. Certified Hosting
reserves the right at any time to disable access to, or
remove any material or activity accessible on or from any
site or any materials claimed to be infringing or based
on facts or circumstances from which infringing activity
Last Revised 02/25/09
Certified Hosting Confidential & Proprietary