|
|
|
|
The following Terms of Use apply to ALL ASPHostDirectory.com, LLC customers:
|
|
|
|
|
ASPHostDirectory.com, LLC services include, but are not limited to:
any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that ASPHostDirectory.com, LLC provides to customers); any use by customers, or any access provided to customers by ASPHostDirectory.com, LLC, of computing, telecommunications, software, information, hardware, and equipment; any act, or provision of any service, by ASPHostDirectory.com, LLC to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not; any provision by ASPHostDirectory.com, LLC to customers, of any space, Internet connectivity, or electrical power; any access or use related to the ASPHostDirectory.com, LLC Web site, including the Web site itself; any other service mentioned in the TOS; any other service provided by ASPHostDirectory.com, LLC to customers, whether used or not; any other ASPHostDirectory.com, LLC services that are used by customers, whether offered or provided by ASPHostDirectory.com, LLC to customers.
|
|
|
 |
Ownership of Web Site - The legal owner of customers' Web sites and accounts with ASPHostDirectory.com, LLC will be the individual or organization whose name is listed in ASPHostDirectory.com, LLC database as the owner. Customers will fully cooperate with and abide by any and all of ASPHostDirectory.com, LLC security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with ASPHostDirectory.com, LLC.
|
|
|
|
|
Illegal Use - ASPHostDirectory.com, LLC servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing ASPHostDirectory.com, LLC services, all ASPHostDirectory.com, LLC customers certify that they and/or the organization they represent in procuring services from ASPHostDirectory.com, LLC are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
|
|
|
|
|
Spamming - Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to ASPHostDirectory.com, LLC customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a ASPHostDirectory.com, LLC server, and selling or distributing software (on a Web site residing on a ASPHostDirectory.com, LLC server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. ASPHostDirectory.com, LLC reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
|
|
|
|
|
System and Network Abuse - Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP/IP packet header or any part of the header information in an email or a newsgroup posting.
|
|
|
|
|
Viruses and Other Destructive Activities - Use of ASPHostDirectory.com, LLC services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use ASPHostDirectory.com, LLC services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
|
|
|
|
|
Copyright Violations - The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All ASPHostDirectory.com, LLC customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a ASPHostDirectory.com, LLC customer (per the DMCA) to ASPHostDirectory.com, LLC must follow the below procedures. Copyright infringement notifications submitted to ASPHostDirectory.com, LLC according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at ASPHostDirectory.com, LLC sole discretion.
|
|
|
|
|
DMCA Copyright Infringement Notification Requirements
|
|
|
|
|
1. Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
|
|
|
2. Identification of the copyrighted work(s) claimed to have been infringed.
|
|
|
3. Identification of the material claimed to infringe the copyright(s), and enough information for ASPHostDirectory.com, LLC to locate it including URLs and specific descriptions of the infringing material at each URL.
|
|
|
4. The Claimant's name, address, and telephone number(s).
|
|
|
5. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
|
|
|
6. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
|
|
|
|
|
Child Pornography - The use of ASPHostDirectory.com, LLC services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. ASPHostDirectory.com, LLC is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
|
|
|
|
|
Privacy - ASPHostDirectory.com, LLC is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, ASPHostDirectory.com, LLC urges its customers to assume that all of their on-line communications are insecure. ASPHostDirectory.com, LLC cannot take any responsibility for the security of information transmitted over ASPHostDirectory.com, LLC facilities.
|
|
|
|
|
Customer Responsibility - Customers are required to use the ASPHostDirectory.com, LLC network responsibly. This includes respecting the other customers of ASPHostDirectory.com, LLC. ASPHostDirectory.com, LLC reserves the right to suspend and/or cancel service with any customer who uses the ASPHostDirectory.com, LLC network in such a way that adversely affects other ASPHostDirectory.com, LLC customers. While ASPHostDirectory.com, LLC may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, ASPHostDirectory.com, LLC does not monitor its customers' communications or activities to determine whether they are in compliance with the TOS. However, when ASPHostDirectory.com, LLC becomes aware of any violation of the TOS or other user agreements, ASPHostDirectory.com, LLC may take any action to stop or correct such violation, including, but not limited to, denying access to ASPHostDirectory.com, LLC services and equipment or to the Internet. In addition, ASPHostDirectory.com, LLC may take action against a customer or a customer of such customer because of the activities of such customer. ASPHostDirectory.com, LLC anticipates that customers who offer Internet services will cooperate with ASPHostDirectory.com, LLC in any corrective or preventive action that ASPHostDirectory.com, LLC deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of ASPHostDirectory.com, LLC policy and ASPHostDirectory.com, LLC reserves the right to take any such action even though such action may affect other customers of the ASPHostDirectory.com, LLC customer.
|
|
|
|
|
Actions Taken by ASPHostDirectory.com, LLC - The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. ASPHostDirectory.com, LLC will be the sole arbiter as to what constitutes a violation of the TOS. ASPHostDirectory.com, LLC reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When ASPHostDirectory.com, LLC becomes aware of an alleged violation of its TOS, ASPHostDirectory.com, LLC will initiate an investigation. During the investigation, ASPHostDirectory.com, LLC may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, ASPHostDirectory.com, LLC may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, ASPHostDirectory.com, LLC will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. ASPHostDirectory.com, LLC does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by ASPHostDirectory.com, LLC.
|
|
|
|
|
Indemnification - ASPHostDirectory.com, LLC customers agree to protect, defend, hold harmless, and indemnify ASPHostDirectory.com, LLC, any third party entity related to ASPHostDirectory.com, LLC (including, without limitation, third party vendors), and ASPHostDirectory.com, LLC executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as ASPHostDirectory.com, LLC, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of ASPHostDirectory.com, LLC services.
|
|
|
|
|
Disclaimer - The ASPHostDirectory.com, LLC service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. ASPHostDirectory.com, LLC expressly disclaims any representation or warranty that the ASPHostDirectory.com, LLC service will be error-free, secure or uninterrupted. No oral advice or written information given by ASPHostDirectory.com, LLC, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. ASPHostDirectory.com, LLC and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
|
|
|
|
|
Termination for Bankruptcy or Insolvency - If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, ASPHostDirectory.com, LLC may immediately terminate provision of ASPHostDirectory.com, LLC services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against ASPHostDirectory.com, LLC in such event.
|
|
|
|
|
LIMITATION OF LIABILITY - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL ASPHostDirectory.com, LLC (INCLUDING, WITHOUT LIMITATION, ASPHostDirectory.com, LLC EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS ASPHostDirectory.com, LLC, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ASPHostDirectory.com, LLC SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR ASPHostDirectory.com, LLC SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY ASPHostDirectory.com, LLC SERVICES EVEN IF ASPHostDirectory.com, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ASPHostDirectory.com, LLC TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR ASPHostDirectory.com, LLC SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY ASPHostDirectory.com, LLC OR ASPHostDirectory.com, LLC REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
|
|
|
|
|
Modifications - ASPHostDirectory.com, LLC may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with ASPHostDirectory.com, LLC services. Certain changes to ASPHostDirectory.com, LLC services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and ASPHostDirectory.com, LLC is not liable, for any and all such personalized applications and content, except as expressly agreed to by ASPHostDirectory.com, LLC.
|
|
|
|
|
Backup of Data - Except where ASPHostDirectory.com, LLC has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and ASPHostDirectory.com, LLC is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with ASPHostDirectory.com, LLC services. However ASPHostDirectory.com, LLC does maintain daily backups as part of disaster recovery policy.
|
|
|
|
|
Third Party Licenses - ASPHostDirectory.com, LLC makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, ASPHostDirectory.com, LLC makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, ASPHostDirectory.com, LLC specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold ASPHostDirectory.com, LLC liable in any way for the revocation of any license, which has been licensed to ASPHostDirectory.com, LLC. The use of the Technologies obtained from or through ASPHostDirectory.com, LLC, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
|
|
|
|
|
Non-ASPHostDirectory.com Products - Any mention of non-ASPHostDirectory.com products by ASPHostDirectory.com, LLC, its employees, or any third party entity related to ASPHostDirectory.com, LLC is for information purposes only and does not constitute an endorsement or recommendation by ASPHostDirectory.com, LLC. ASPHostDirectory.com, LLC disclaims any and all liabilities for any representation or warranty made by the vendors of such non-ASPHostDirectory.com products or services.
|
|
|
|
|
Intellectual Property - Customers will not, without ASPHostDirectory.com, LLC express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on ASPHostDirectory.com, LLC Web site, and customers will not use any of ASPHostDirectory.com, LLC trademarks, service marks, copyrighted materials, or other intellectual property without ASPHostDirectory.com, LLC express written consent. Customers will not, in any way, misrepresent their relationship with ASPHostDirectory.com, LLC, attempt to pass themselves off as ASPHostDirectory.com, LLC, or claim that customers are ASPHostDirectory.com, LLC.
|
|
|
|
|
Assignment - Customers may not assign or delegate their rights or obligations under the TOS or other agreement for ASPHostDirectory.com, LLC services, either in whole or in part, without the prior written consent of ASPHostDirectory.com, LLC.
|
|
|
|
|
Minimum Age Requirement - ASPHostDirectory.com, LLC customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOS in order for the Minor to become an ASPHostDirectory.com, LLC customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for ASPHostDirectory.com, LLC services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains ASPHostDirectory.com, LLC express written consent to the contrary. Any acceptance of the TOS or any other agreement for ASPHostDirectory.com, LLC services will be deemed null and void to the extent that ASPHostDirectory.com, LLC will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of ASPHostDirectory.com, LLC services.
|
|
|
|
|
Governing Law and Severability - The TOS, and any other agreement for ASPHostDirectory.com, LLC services, will be governed by and construed in accordance with the laws of the State of Ohio, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and ASPHostDirectory.com, LLC will take place in Ohio, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other ASPHostDirectory.com, LLC agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
|
|
|
|
|
Force Majeure - ASPHostDirectory.com, LLC will not be liable for delays in its performance of the TOS or ASPHostDirectory.com, LLC services caused by circumstances beyond ASPHostDirectory.com, LLC reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). ASPHostDirectory.com, LLC will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOS or other agreement for ASPHostDirectory.com, LLC services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of ASPHostDirectory.com, LLC.
|
|
|
|
|
Independent Contractors - Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between ASPHostDirectory.com, LLC and its customers. Each of ASPHostDirectory.com, LLC and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
|
|
|
|
|
Construction and Interpretation - Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
|
|
|
|
|
Complete Agreement and Exclusivity - The TOS, and/or any other specific agreement for ASPHostDirectory.com, LLC services, constitutes the complete understanding and agreement between ASPHostDirectory.com, LLC and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of ASPHostDirectory.com, LLC, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for ASPHostDirectory.com, LLC services is between ASPHostDirectory.com, LLC and its customers only and will not confer any rights in any third party except as otherwise expressly provided by ASPHostDirectory.com, LLC.
|
