Terms
of Service
You
are responsible for abiding by the rules set forth in
the paragraphs below. Any violation of the terms set
forth below may, at AASB Productions sole option, result
in immediate suspension and/or termination of all services
currently being provided.
As
a Web Hosting Provider ("WHP"), 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.
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 Terms of Service
when they, their affiliates or subsidiaries engage in
the following activities:
Adult Sites/Unacceptable Content – Pornography
and pornographic related merchandising are prohibited
under all AASB Productions 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 misappropriate 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 "AASB Productions" system.
How
to claim a copyright infringement:
Pursuant
to 17 U.S.C. 512(c) (2), all notifications of claimed
copyright infringement on the "AASB Productions"
system or Web sites should be sent to our Network Administrator
at contact@aasbproductions.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
copyright(s), reasonably sufficient to enable "AASB
Productions" to locate the material in order to
remove the material or disable access.
D:
Information reasonably sufficient to allow "AASB
Productions" 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 AASB Productions, 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. AASB Productions. PROSECUTES
TO THE FULL EXTENT ALLOWABLE BY LAW.
Customer
Support – AASB Productions promotes a mutually
professional relationship with its customers. Obscene,
abusive, threatening or otherwise harassing communications
with agents of AASB Productions, via telephone, e-mail,
online chat or other means will result in immediate
account termination notwithstanding any other Terms
of Service. Violation of this provision 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
AASB Productions, the Customer is establishing a relationship
with AASB Productions separate from the Company and
this Agreement. AASB Productions 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.,AASB
Productions requires the Customer to update the domain
name registration of any domain hosted to the appropriate
nameservers. AASB Productions 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 thirty (30) days
after account creation and may not be used as a primary
means to 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 an eBay auction site.
Software/Script
Support – Customer acknowledges that AASB Productions
cannot provide technical support for any software and/or
script that the Customer installs, other than variable
name changes. Customer also acknowledges that AASB Productions
does not supply technical support for Microsoft FrontPage,
other than initial configuration. AASB Productions supplies
technical support for web hosting issues only. AASB
Productions shall be the sole arbiter as to what constitutes
a "web hosting" issue.
Spamming
-- Unsolicited, commercial mass e-mails (known as "spamming")
is a strongly disfavored practice among Internet uses
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
e-mail.
Unmetered
Data Transfer – AASB Productions provides the
500 MB of 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 Customer's website generates enough bandwidth usage
to affect the performance of the other customer sites
on the server, AASB Productions reserves the full right
to terminate the Customer's domain without refund.
Whether lawful or unlawful, that we may 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 with our
customers. 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 account 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 correction 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 message sent or received by our customers
unless require 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 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 Terms of Service.
Upon
becoming a customer of AASB Productions, you agree to
indemnify, defend, and hold harmless AASB Productions,
its directors, officers, employees and agents, and defend
any action brought against same with respect to any
claim, demand, cause of action, debt or liability, including
actual attorneys' fees, to the extent that such action
is based upon a claim that.
(i)
if true, would constitute a breach of any of AASB Productions
Terms of Service;
(ii)
arises out of your negligence or willful misconduct,
or the negligence or willful misconduct of your employees
or agents; or
(iii)
any of the content or material on your website(s) infringes
or violates any laws or rights of third parties, including,
without limitation, rights of publicity, rights of privacy,
patents, copyrights, trademarks, trade secrets and/or
licenses.
DISCLAIMER
OF WARRANTY: AASB Productions MAKES NO WARRANTIES HEREUNDER,
AND AASB Productions EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION
OF LIABILITY: AASB Productions SHALL HAVE NO LIABILITY
FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR
DESTRUCTION OF, CUSTOMERS' WEBSITES OR DATA FILES, PROGRAMS
OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR
DEVICES. AASB Productions SHALL HAVE NO LIABILITY WITH
RESPECT TO AASB Productions OBLIGATIONS UNDER THESE
TERMS OF SERVICE OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY,
SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF AASB
Productions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY EVENT, LIABILITY OF AASB Productions
TO ANY CUSTOMER FOR ANY REASON AND UPON ANY CAUSE OF
ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID
TO AASB Productions BY THE CUSTOMER DURING THE TWELVE
(12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH
SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES
OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION,
TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.
By
agreeing to these Terms of Service and becoming a customer
of AASB Productions, you also accept and agree to AASB
Productions Billing Policies, and warrant and represent
that you will adhere to same.
These
Terms of Service and your customer relationship with
AASB Productions shall be governed by and construed
in accordance with the laws of the State of North Carolina,
without regard to conflicts of laws provisions. Sole
and exclusive jurisdiction for any action or proceeding
arising out of or related to these Terms of Service
or your customer relationship with AASB Productions
shall be in an appropriate state or federal court located
in the State of North Carolina.
We
hope these Terms of Service are 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 of Service.
AASB
Productions reserves the right to modify these Terms
of Service at its discretion. Any changes to these Terms
of Service will be posted on the www.aasbproductions.com
website under Terms of Service. By remaining a customer
of AASB Productions, you agree to any such changes or
revisions to these Terms of Service.
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. No download
sites. We reserve the right - at any time, to terminate
service if we find that you have violated this Terms
of Service. 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.
Complaints
about violators of our policies should be referred to
contact@aasbproductions.com. Each complaint will be
investigated.
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