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Terms
Of Service
As a
re-seller of Web Hosting Provider ("WHP")
solutions, we offer our customers the means
to acquire and disseminate a wealth of public,
private, commercial and non-commercial
information. We also want our customers to be
fully informed of their rights and obligations --
and ours -- in connection with their use of
the Internet. This Network Access Policy, which
supplements and explains certain terms of
each customer's respective services agreement
(the "Services Agreement"), is intended as a
plain English guide to those rights and
obligations.
The
fundamental fact about the Internet is that
no one --neither us, nor anyone else -- owns
or controls it. This fact accounts for much
of the Internet's openness and value, but it also
places a high premium on the judgment and
responsibility of those who use the Internet, both
in the information they acquire and in the
information they disseminate to others.
When customers obtain information through the
Internet, they must keep in mind that we
cannot monitor, verify, warrant or vouch for the
accuracy and quality of the information that
customers may acquire. For this reason, the
customer must exercise his or her best
judgment in relying on information obtained from
the Internet, and also should be aware that
some material posted to the Internet
is sexually explicit or otherwise offensive.
Because we cannot monitor and censor the Internet,
and will not attempt to do so, we cannot accept
any responsibility for injury to our
customers that results from inaccurate, unsuitable
or offensive Internet
communications.
When
customers disseminate information through
the Internet, they also must keep in mind
that we do not review, edit, censor or take
responsibility for any information our customers
may create. This places on customers what
will be, for most, an unfamiliar responsibility.
When users place information on the Internet,
they have the same liability as other authors
for copyright infringement, defamation and
other harmful speech. Also, because
the information they create is carried over
our facilities and may reach a large number
of people, including both customers and
non-customers of ours, customers' postings to
the Internet may affect other customers and may
harm our goodwill, business reputation and
operations. For these reasons, customers violate
our policy and the Services Agreement when
they, their affiliates or subsidiaries engage
in the following activities:
Adult
Sites/Unacceptable Content
Pornography and pornographic related merchandising
are prohibited under all Ready Hosting, Inc.
services.
This includes sites that include links to
pornographic content elsewhere. Further
examples of unacceptable content or links include
pirated software, hacker programs, archives of
Warez Sites, game rooms or MUDs, IRC Bots, Egg
Drop programs, any kind of illegal software or
shareware.
In addition sites offering online gambling,
casino functionality, sportsbook betting
(including offshore), and Internet lotteries are
prohibited.
Copyright
Violation
Engaging in activity that infringes or
misappropriates the Intellectual Property rights
of third parties, including copyrights,
trademarks, service marks, trade secrets, software
piracy and patents and other similar rights held
by third parties shall result in termination of
all "subscribers" privileges on the "Ready
Hosting" system.
How to claim a
copyright infringement:
Pursuant to 17
U.S.C. 512(c) (2), all notifications of claimed
copyright infringement on the "Ready Hosting"
system or Web sites should be sent to our Network
Administrator at copyright@readyhosting.com and
shall include the following information:
A:
a physical or electronic signature of the
copyright owner or a person authorized to act on
the copyright owner's behalf.
B:
identification of the copyrighted work(s) claimed
to have been infringed.
C: identification
of the material claimed to infringe the
copyrights(s), reasonably sufficient to enable
"Ready Hosting, Inc." to locate the material in
order to remove the material or disable
access.
D: information reasonably
sufficient to allow "Ready Hosting, Inc." to
contact the complaining party (including name,
address, phone number, and e-mail
address)
E: statement that the complaining
Claimant has a "good faith belief that use of the
material in the manner complained of is not
authorized by the copyright [holder], its agent or
the law."
F: statement that the information
in the notice is accurate, and under PENALTY OF
PERJURY, that the complaining party is authorized
to act on behalf of the copyright
owner.
NOTE: UNDER FEDERAL LAW, IF YOU
KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS
INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES,
INCLUDING MONETARY DAMAGES, COURT COSTS, AND
ATTORNEYS FEES INCURRED BY READY HOSTING, INC., OR
BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED
AS A RESULT OR A MISREPRESENTATION. IN ADDITION,
YOU MAY ALSO BE SUBJECT TO CRIMINAL CHARGES FOR
PERJURY, IN ACCORDANCE WITH APPLICABLE LAW. READY
HOSTING, INC. PROSECUTES TO THE FULL EXTENT
ALLOWABLE BY LAW.
Customer
Support
Gemini Development Solutions, LLC. promotes a
mutually professional relationship with its
customers.
Obscene, abusive, threatening or otherwise
harassing communications with agents of the
Company, via telephone, email, online chat or
other means will result in immediate account
termination not withstanding any other terms of
this agreement. Violation
of this will result in refund ineligibility.
Defamation --
Defamatory speech distributed over the
Internet can result in civil liability for the
defamer and litigation against the WHP whose
facilities were used to distribute
the defamatory material.
Distribution
and/or Transmission of Obscene or Indecent
Speech or Materials --
Violation of indecency and obscenity laws can
result in criminal penalties.
Distribution
of Internet Viruses, Worms, Trojan Horses and
Other Destructive Activities --
Distribution of Internet viruses, worms, Trojan
horses and other destructive activities, such as
hacking, can result in serious civil and or
criminal liability under federal and
state law.
DNS
Transfers
By registering a domain name through Gemini
Development Solutions, LLC., the Customer is
establishing a relationship with DomainPeople.com
separate from the Company and this Agreement. Ready
Hosting, Inc. is the domain name hosting
business.
All customer accounts are setup with the
understanding that the Customer will transfer
authoritative DNS control of the domain hosted
with us, i.e., Ready Hosting, Inc. requires the
Customer to update the domain name registration of
any domain hosted to the appropriate
nameservers.
Ready Hosting, Inc. does not provide
extended access to its network through
non-authoritative DNS means for any purpose other
than initial account setup.
Third-level domains are provided for 30
days after account creation and may not be used as
a primary means of access to an assigned web
space.
Export
Control Violations --
The law limits the ability of persons to
export encryption software, over the
Internet or otherwise, to points outside the
United States.
Illegal/Unauthorized
Access to Other Computers
or Networks --
The illegal or unauthorized accessing
(often known as "hacking") of computers or
networks carries potential civil and criminal
penalties under both federal laws and the laws of
most states.
Image
Repository -- The WHP services are not
to be used as a software/image repository.
This means you cannot use your account to store
images that are pulled from another website.
An example of this would be storing images to be
pulled from aneBay
auction site.
Software/Script
Support
Customer acknowledges that Ready Hosting, Inc.
cannot provide technical support for any software
and/or script that the Customer installs, other
than variable name changes. Customer
also acknowledges that Ready Hosting, Inc. does
not supply technical support for Microsoft
FrontPage, other than initial configuration.
Ready Hosting, Inc. supplies technical
support for webhosting issues only. Ready
Hosting, Inc. and Gemini Development Solutions,
LLC. shall be the sole arbiter as to what
constitutes a webhosting issue.
Spamming --
Unsolicited, commercial mass e-mailing (known
as "spamming") is a strongly disfavored practice
among Internet users and web hosting providers. It
is particularly harmful not only because of its
negative impact on consumer attitudes toward us,
but also because it can overload our equipment and
disrupt service to our customers. This
includes listing a hosted domain in any
unsolicited email.
Unmetered
Data Transfer
Gemini Development Solutions, LLC. via Ready
Hosting, Inc. provides the unlimited space and
unlimited transfer in good faith to our Customers
so that they may create their websites without the
fear of running over their web space or web
traffic allocation. While most
Customers will use the extra web space and traffic
for their legitimate web site needs, we recognize
that others may try to take advantage of our offer
and use the space and traffic in ways for which it
is not intended. If at any
time the Customers website generates enough
bandwidth usage to affect the performance of the
other customer sites on the server, Ready Hosting,
Inc. reserves the full right to terminate the
Customers domain name without refund.
Other
Activities, whether lawful or unlawful, that we
determine to be harmful to our customers,
operations or reputation, including
any activities that restrict or inhibit any
other user from using and enjoying the service or
the Internet. Any
violations of this agreement will result in refund
ineligibility.
As we
have pointed out, the responsibility
for avoiding the harmful activities just
described rests primarily with the customer.
We will not, as an ordinary practice, monitor the
communications of our customers to ensure
that they comply with our policy or applicable
law. When we become aware of harmful
communications, however, we may take any of a
variety of actions. We may remove information
that violates our policies,
implement screening software designed to
block offending transmissions, or take any other
action we deem appropriate, including termination
of a customer's contract with us.
We
also are aware that many of our customers are,
themselves, providers of web hosting services, and
that information reaching our facilities from
those customers may have been originated by
customers of those customers or other third
parties. We do not require our customers who offer
webhosting services to monitor or censor
transmissions created by customers of
its customers. At the same time, customers
who knowingly transmit materials that violate
law or our policy are, themselves, in violation of
our policy. Similarly, we anticipate that
customers who offer web hosting services will
cooperate with us in any corrective action that we
deem necessary, in order to correct and
prevent the transmission of material that is
harmful to us or our customers. Failure to
cooperate with such corrective and preventive
measures is a violation of our
policy.
We
also are concerned with the privacy of on-line
communications. In general, the Internet is
neither more nor less secure than other
common communications media, including mail,
facsimile and voice telephone service, all of
which can be intercepted and otherwise
compromised. As a matter of prudence,
however, we urge our customers to assume that all
of their on-line communications are
insecure.
We
cannot take any responsibility for the security of
communications transmitted over our facilities. We
will comply fully, however, with all
applicable laws concerning the privacy of our
customers' on-line communications. In
particular, we will not intentionally monitor or
disclose any private electronic mail messages sent
or received by our customers unless required
to do so by law. We may, however, monitor our
service electronically to determine that our
facilities are operating satisfactorily.
Also, we may be required to disclose information
transmitted through our facilities in order to
comply with court orders, statutes, regulations
or governmental requests. Finally, we may
disclose information transmitted over our
facilities where necessary to protect us and our
customers from harm, or where such disclosure is
necessary to the proper operation of the
system.
We are
not responsible for loss of customer
content due to server or hardware
failure. We do, however, backup our systems
daily, but cannot guarantee the content is
up-to-date. It is the
customer's responsibility to have a full
backup of their site.
We
expect that our customers who provide
webhosting services to others will comply
fully with all applicable laws concerning the
privacy of on-line communications. A customer's
failure to comply with those laws will
violate our policy. Finally, we wish to emphasize
that in signing the Services Agreement, customers
indemnify us for any violation of the customer of
the Services Agreement, or of law or corporate
policies, that results in loss to us or the
bringing of any claim against us. This means that
if we are sued because of activities of the
customer that violate any law, the
Services Agreement or this policy (which is
part of the Services Agreement), the
customer will pay any damages awarded against
us, plus costs and reasonable
attorneys' fees.
We
hope this Policy Statement is helpful in
clarifying the obligations of Internet users,
including us and our customers, as responsible
members of the Internet.
We
reserve the right to permanently
discontinue service at any time, without notice,
should you be found in violation of our
aforementioned terms and conditions.
Note:
You
are not permitted to have any commercially
available software, fixes, patches
or electronic media (ex. MP3s, AVI, WAVE,
etc.) for download on your site. We reserve the
right - at any time, to terminate service if
we find that you have violated this term.
Additionally, should you be found to be in
violation of any licensing agreements currently in
place, we reserve the right to permanently
terminate your service without refund. In
English - no download sites.
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