Acceptable
Use Policy
The following is Naked Hosting’s Acceptable Use Policy.
By using Naked 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. Naked Hosting reserves the right to amend this Acceptable
Use Policy at any time, with or without notice to you. Naked Hosting
agrees to post any changes to this Acceptable Use Policy on the
Naked Hosting Homepage (located at: www.nakedhosting.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, Naked 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, Naked 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 USE
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 Naked 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.
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) 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.
Naked
Hosting reserves the right at all times to disclose any information
as Naked 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 Naked Hosting’s sole discretion.
Naked
Hosting does not control or endorse the content, messages or
information found in any Service and, therefore, Naked Hosting
specifically disclaims any liability with regard to the Services
and any actions resulting from your participation in any Service.
MATERIALS
PROVIDED TO NAKED HOSTING FOR POSTING
Naked 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 Naked
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. Naked Hosting is under no obligation to
post or use any Submission you may provide and Naked 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.
RECORD
KEEPING
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).
TERMINATION/ACCESS
RESTRICTION
Naked Hosting has no obligation to monitor the Services. However,
Naked Hosting reserves the right to review materials posted
to a Service and to remove any materials in its sole discretion.
Naked 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.
Naked 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
Naked 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 Naked 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 Naked
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 INFRINGEMENT
Naked 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 Naked 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:
Weston,
Garrou & DeWitt
Attn.:
Lawrence G. Walters, Esquire
455 Douglas Avenue, Suite 2155-31,
Altamonte Springs, FL 32714
Phone: (407) 788-7337
Fax: (407) 774-6151
Larry@LawrenceWalters.com
Please
do not send other inquires or information to our Designated
Agent.
NOTICE
AND TAKE DOWN PROCEDURES
Naked Hosting reserves the right at any time to implement a
“notice and takedown” procedure upon receipt of
any notification of claimed infringement. Naked 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 01/03/02
Naked Hosting Confidential & Proprietary
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