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Certified Hosting - Acceptable Use Policy

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.

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 the 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) of others.
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 the Services.
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 others.
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.

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 eighteen (18).

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.

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.

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 owner’s behalf.

You may send your Notice of Claimed Infringement to:

Lawrence G. Walters, Esquire
781 Douglas Avenue
Altamonte Springs, FL 32714
Fax: (407) 774-6151
[email protected]

Please do not send other inquires or information to our Designated Agent.

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 is apparent.

Last Revised 02/25/09
Certified Hosting Confidential & Proprietary

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