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ForgedNetwork.com Terms of
Service
Acceptable Use Policy
Revision date: 1/9/2007
By submitting an online order form, or by using Forged Network's
service, Customer hereby agrees to the following Acceptable Use
Policy (AUP). Customer agrees that it shall comply with and
require its end users to comply with this AUP, Forged Network's
Terms of Service (TOS), Forged Network's No-Spam Policy (NSP),
and Forged Network's Privacy Policy. In this document, the word
“Agreement,” with a capital “A,” refers to the TOS, the AUP, the
NSP, and the Privacy Policy collectively.
1. Introduction, Purpose, and General Terms.
1.1. This Web site gives you the ability to learn about
Forged Network and its products and services as well as the
ability to access our network and services (“Forged Network
Services”). By using this site, and any other sites or services
owned, operated, or provided by Forged Network, you signify your
agreement to the terms, conditions and notices of this policy.
“You” when used in the Agreement shall mean the Forged Network
Customer of record and that Forged Network Customer’s end users.
1.2. This Acceptable Use Policy is used in conjunction with
the terms of service (TOS), the No-Spam Policy (NSP), and the
Privacy Policy. Violating any of these policies and agreements
grants Forged Network the authority to take action to restrict
or terminate your access to Forged Network Services. Forged
Network reserves the right, at its sole discretion, to update or
revise this policy, any other policy or statement on any Forged
Network Web site, and any product offerings or programs
described on any Forged Network Web site. Please check back
periodically to review any changes to this policy.
1.3. This document sets forth the principles, guidelines and
requirements of the Acceptable Use Policy of Forged Network
(“Company”) governing the use by the Customer (“Customer”) of
the Company’s services and products (“Services and Products”).
The purpose of Forged Network's Acceptable Use Policy (the AUP”)
is to comply with all international, federal, state, and local
laws and to protect the network security, network availability,
physical security, Customer privacy, and other factors affecting
the services provided by Forged Network. Forged Network reserves
the right to impose reasonable rules and regulations regarding
the use of its services provided to all Customers and such rules
and regulations are subject to change. Such rules and
regulations are located on the Internet at
http://www.forgednetwork.com/legal.html
1.4. In order to maintain an informative and valuable
service that meets the needs of the users of this site and
Forged Network Services, the rules in this AUP have been
established to protect against abuse. The AUP is not an
all-inclusive, exhaustive list and Forged Network reserves the
right to revise, amend, or modify the AUP at any time as needed,
effective upon either the posting of the revised, amended, or
modified AUP to
http://www.forgednetwork.com/acceptableusepolicy.html or notification to
the Customer via e-mail to the e-mail address of Customer as set
forth in the Service Descriptions.
1.5. Any violation of the AUP may result in the suspension
or termination of your account or such other action, as Forged
Network deems appropriate. No credits will be issued for any
interruption in service resulting from violations of the AUP.
1.6. VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY
PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR
SUSPENSION OF THE SERVICES YOU RECEIVE FROM Forged Network.
1.7. Any questions or comments regarding the AUP should be
directed to Forged Network by e-mail to the following e-mail
address
info@forgednetwork.com for issues concerning the AUP.
2. General Prohibitions.
2.1. You may not use this site or Forged Network's Services
for any purpose that is unlawful or in any manner that could
damage, disable, overburden or impair the operation of this
site, the Forged Network Network, or Forged Network's Services,
or any other party’s use or enjoyment of this site, the Forged
Network Network, or Forged Network's Services.
2.2. Adult Content Prohibited.
2.2.1. Adult-oriented sites demand special system,
network, and bandwidth requirements. Forged Network does not
accommodate those extraordinarily large requirements in its
standard shared, e-commerce, and reseller hosting plans.
Therefore you may not use Forged Network's services for
adult-oriented and pornography sites. This includes sites that
may include sexual content, or links to adult content elsewhere.
2.2.2. Where allowed by applicable law, Forged Network
does not prohibit you from posting a static Web page that meets
all of the following criteria:
• the page merely advertises an adult service and provides
information about how to contact the service offline, i.e., by
telephone, facsimile, or postal mail and not via a link from a
Web site that uses Forged Network's services;
• the page does not display any sexually explicit content
and does not link to any Web page or site displaying any
sexually explicit content; and
• the page does not require a user to log in with a username
or password to access any of the Web site’s content.
2.2.3. In some jurisdictions, even the notice and
advertisement of adult-oriented services may be illegal. It is
your sole responsibility to learn the laws that govern what you
are and are not allowed to post on your Web site. As part of
your agreement with Forged Network, you must comply with all
such applicable laws.
However, Forged Network cannot and does not advise you or make
any recommendations to you about the existence of any such laws
in a particular jurisdiction. Nor does Forged Network advise you
about how to comply with any such laws. Furthermore, laws vary
throughout the United States of America and all over the world,
so you should contact your legal advisor for more information
and specific recommendations concerning the kinds of online
materials that are legal in your region.
2.2.4. If you use Forged Network's service to publish
any content that any applicable law deems “harmful,”
“inappropriate,” or “unsuitable” for minors (persons under 18
years of age), then you must provide appropriate protection to
prevent minors from accessing that content. Such protection is
your sole responsibility because Forged Network does not censor
the content of your Web sites and pages.
2.2.5. If you have a reseller account with Forged
Network, you may not resell our hosting services to any clients
or customers that sell adult content.
2.2.6. You may not use Forged Network's services to sell
or solicit sales for any of the following items, products or
services because they are or may be illegal in one or more
jurisdictions where Forged Network's services are offered, or
where they can be viewed through Forged Network's services:
• Online pornography or adult content for which a viewer
must subscribe to access it,
• Adult content-related products or services (including
X-rated videos, pictures, etc. especially of individuals under
18 years of age), and
• Obscene materials, as defined by law.
If we find any of your sites (or any of the sites of your
customers, if you have a reseller account) to be selling any of
the prohibited products or services, the offending accounts
shall be subject to immediate account termination.
3. Compliance with Law.
Customer shall not use Forged Network's Service or any other
service or network to post, upload, transmit, retransmit, store,
distribute or facilitate the distribution of any content,
including without limitation text, communications, software,
images, sounds, data, or other information that, in Forged
Network's sole discretion:
3.1. violates, attempts to violate, or helps any third party
to violate any local, state, federal, international, or
non-United States law, ordinance, or regulation,
3.2. is threatening, obscene, indecent, pornographic,
abusive, harassing, libelous, defamatory, deceptive, fraudulent,
invasive of another’s privacy, tortious, inaccurate, or that
otherwise could adversely affect any individual, group or entity
(collectively, “Persons”),
3.3. threatens or encourages bodily harm or destruction of
property,
3.4. harms any person,
3.5. victimizes, harasses, degrades, or intimidates an
individual or group of individuals on the basis of religion,
sex, sexual orientation, race, ethnicity, national origin,
immigration status, age, disability, or any other reason,
3.6. is posted in violation of a newsgroup charter,
3.7. contains viruses, corrupted files, or any other similar
software or programs that may damage the operation of another’s
computer,
3.8. violates any terms or conditions of any other network
access provider or Internet service provider,
3.9. violates the rights of any person, including rights
protected by copyright, trade secret, patent or other
intellectual property or similar laws or regulations including,
but not limited to, the installation or distribution of
“pirated” information content or data or other software products
that are not appropriately licensed for use by Customer.
Customer shall be responsible for determining what laws or
regulations are applicable to its use of the Services and
Products,
3.10. adds, removes, or modifies identifying network header
information in an effort to deceive or mislead any person.
Additionally, attempting to impersonate any person by using
forged headers or other identifying information is prohibited.
However, the use of anonymous remailers or nicknames does not by
itself constitute impersonation, unless such use is made with
the intent to deceive, defraud, or mislead any person or to
violate any applicable laws or regulations,
3.11. collects, attempts to collect, or helps any third
party to collect personal information about third parties
without their knowledge or consent or in a manner that violates
applicable laws concerning privacy,
3.12. has a negative effect on Forged Network or its network
(including, without limitation, overloading servers on the
Forged Network Network; causing portions of the Forged Network
Network to be blocked by other network providers; generating
unresolved third party complaints or complaints which, in the
discretion of Forged Network, impose an unreasonable
administrative burden on Forged Network; etc.), or
3.13 violates the prohibition on terrorist content and
activities described below.
Terrorist Content Prohibited.
3.13.1. The United States Homeland Security Act of 2002
defines “terrorism” as
“any activity that—
(A) involves an act that—
(i) is dangerous to human life or potentially destructive of
critical infrastructure or key resources; and
(ii) is a violation of the criminal laws of the United States or
of any State or other subdivision of the United States ; and
(B) appears to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or
coercion; or
(iii) to affect the conduct of a government by mass destruction,
assassination, or kidnapping.”
(Pub. L. 107-296 (2002) § 2(15)).
3.13.2. You may not use Forged Network's services to do
any of the following acts by any means:
3.13.2.1. engage in terrorism,
3.13.2.2. solicit any other individual or organization
to engage in terrorism,
3.13.2.3. conspire with any other individual or
organization to engage in terrorism,
3.13.2.4. help any other individual or organization to
engage in terrorism, or
3.13.2.5. knowingly engage in commerce with any of the
following individuals or organizations
3.13.2.5.1. those persons listed in the Annex to the
Executive Order No. 13225 of President George W. Bush (September
25, 2001) (referred to in this AUP as “the Executive Order”), as
it may be amended from time to time, a copy of which is
available online at the following Web page:
http://www.ustreas.gov/offices/enforcement/ofac/legal/eo/13224.pdf
3.13.2.5.2. foreign persons that the Secretary of
State of the United States of America has determined have
committed or pose a significant risk of committing acts of
terrorism against the United States or its people;
3.13.2.5.3. businesses and organizations that the
Secretary of State of the United States of America has
determined are owned, controlled by, or acting on behalf of
terrorists or persons suspected of terrorism; and
3.13.2.5.4. persons whom the Secretary of the
Treasury of the United States of America , in consultation with
the Secretary of State and the Attorney General of the United
States of America , has determined are:
3.13.2.5.4.1. helping terrorists or suspected
terrorists by giving them money, material, or technology; or
3.13.2.5.4.2. associated otherwise with terrorists
or suspected terrorists.
3.13 .2.5.5. transactions that avoid or attempt to
avoid the prohibitions of the Executive Order; and
3.13 .2.5.6. conspiracies to violate the Executive
Order;
3.13.2.6. knowingly engage in transactions or
dealings in money, goods, or services with terrorists, suspected
terrorists, or terrorist organizations; or
3.13.2.7. make donations to terrorists and suspected
terrorists.
3.13.3. While Forged Network is not giving you legal
advice or a consulting recommendation about how to comply with
this no-terrorism policy or with the applicable laws that
prohibit terrorism in the United States of America or in other
countries, you may find the following general strategies helpful
in complying with these requirements.
3.13.3.1. Verify the identity of any person who
wants to buy goods, services, or information through your Web
site. This includes, but is not limited to, the resale of
hosting services if you have a reseller account with Forged
Network.
3.13.3.2. Check the names of any persons or
organizations attempting to buy from your Web site against the
Annex in the Executive Order.
3.13.3.3. Work with the company that provides
transaction payment and fraud-prevention services for your
e-commerce Web sites. The provider may be able to automate the
identity checking for you.
4. System and Network Security.
Violations of system or network security are strictly
prohibited, and may result in criminal and civil liability as
well as termination of services from Forged Network. Forged
Network investigates all incidents involving such violations and
will cooperate with law enforcement if a violation of the
criminal law is suspected.
You are responsible for any misuse of your account, even if a
friend, family member, guest, agent, or employee committed the
inappropriate activity while using your account. Therefore, you
must take steps to ensure that others do not gain unauthorized
access to your account. In addition, you may not use your
account to breach the security of another Forged Network account
or attempt to gain unauthorized access to another network or
server.
Examples of system or network security violations include,
without limitation, the following:
4.1. Introduction into the network or server of any
malicious program (examples: viruses, worms, Trojan Horses,
logic bombs, and other executables intended to inflict harm).
4.2. Introduction into the network or server of any
self-extracting file or program containing any malicious program
as specified in Section 4.1 of this AUP.
4.3. Introduction into the network or server of any data,
parameter, configuration, template, or control files for
software applications that contain destructive macros or other
malicious code.
4.4. Introduction into the network or server of any
encrypted or compressed file or archive such as .zip or .gz
files that contains any malicious program as specified in
paragraphs 4.1 through 4.3 of this AUP.
4.5. Effecting security breaches or disruptions of Internet
communication and/or connectivity. Security breaches include,
but are not limited to, accessing data of which the Customer is
not an intended recipient, logging into a server or account that
the Customer is not expressly authorized to access, or exceeding
the access to a server or account that has been granted to the
Customer. For purposes of this section, “disruption” includes,
but is not limited to port scans, flood pings, email-bombing,
packet spoofing, IP spoofing, and forged routing information.
4.6. Executing any form of network activity that will
intercept data not intended for the Customer.
4.7. Circumventing user authentication or security of any
host, network or account.
4.8. Interfering with or denying service to any user other
than users of the Customer’s host (examples: denial of service
attack or distributed denial of service attack).
4.9. Using any program script/command, or sending messages
of any kind such as a punter, designed to interfere with or to
disable, a user’s terminal session, via any means, locally or
via the Internet.
4.10. Attempting to use or gain unauthorized access to data,
accounts, hosts, servers, systems or networks of this site, or
to probe, scan or test the vulnerability of a system or network
of this site, any Forged Network Services or those of any other
party.
4.11. Interfering with service to any user, host or network
including, without limitation, mail-bombing, flooding, or
attempting to overload the system.
4.12. Forging any TCP-IP packet header or any part of the
header information in an e-mail or a newsgroup posting.
4.13 Falsifying address information or otherwise modifying
e-mail headers to conceal the sender’s or the recipient’s
identity.
5. Internet Etiquette.
The Customer agrees to observe and abide by reasonable Internet
etiquette (Netiquette). The Customer shall comply with the rules
appropriate to any network to which Forged Network may provide
access. The Customer should not post, transmit, or permit
Internet access to information the Customer desires to keep
confidential. The Customer shall not post any material that is
illegal, is libelous, is otherwise tortious, indecently depicts
children, or is likely to result in retaliation against Forged
Network by offended users. Forged Network reserves the right to
refuse or terminate service at any time for violation of this
section. This includes, but is not limited to, advertising
services or sites via Internet Relay Chat (IRC) or USENET in
clear violation of the policies of the IRC channel or USENET
group.
6. Child Pornography.
Forged Network will cooperate fully with any criminal
investigation into a Customer’s violation of the Child
Protection Act of 1984 concerning child pornography, or any
other applicable international, federal, state, or local law
that prohibits child pornography. Customers are ultimately
responsible for the actions of their clients over Forged Network
network, and shall be liable for illegal material posted by
their clients.
According to the Child Protection Act, child pornography
includes photographs, films, video, or any other type of visual
presentation that shows a person who is or is depicted as being
under the age of eighteen years and is engaged in or is depicted
as engaged in explicit sexual activity, or the dominant
characteristic of which is the depiction, for a sexual purpose,
of a sexual organ or the anal region of a person under the age
of eighteen years or any written material or visual
representation that advocates or counsels sexual activity with a
person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the
U.S. Customs Agency at 1-800-BEALERT
7. Forged Network No-Spam Policy (NSP).
7.1. Customer shall comply with all the terms and conditions
of Forged Network's No-Spam Policy (NSP) as described in this
Section 7. Violation of the NSP shall be deemed a violation of
this AUP and of the Customer’s Agreement with Forged Network.
7.2. At Forged Network, we are committed to providing
valuable hosting services to our valued customers.
7.3. An important part of Forged Network's mission is to be
a respected and responsible member of the business and Internet
communities. We take seriously our role in protecting our
customers and the general public from nuisances such as “spam.”
This section describes our NO-SPAM Policy. Please read it
carefully, because it contains important information and because
it is a material part of your Agreement with Forged Network.
7.4. To report any spam you receive that identifies itself
as coming from the forgednetwork.com servers or claims to be
related to Forged Network in any way, please send an e-mail
message to us at
info@forgednetwork.com. In your message to us, please
include a complete and accurate copy of the message that you
consider to be spam, along with full message headers and routing
information for e-mail, a message board provided by a Web site
or an online service, Usenet, interactive chat message, or
instant message service, as the case may be.
7.5. Definition of Spam.
Unsolicited commercial e-mail and electronic messages are
colloquially referred to as “spam.” Other common names for spam
include “spam e-mail,” “junk e-mail,” “bulk e-mail,” “direct
e-mail,” and “mass e-mail.” Spam is the electronic equivalent of
the direct mail you receive in your postal mailbox frequently.
In its most general terms, and as used in this NO-SPAM Policy
(the “Policy”), spam is:
• a commercial e-mail message or other electronic message,
including, but not limited to, messages that are:
• posted to an electronic mailing list (other than an
“opt-in” e-mail list as described below),
• posted on an online bulletin board system or Web-based
message board system or “guest book”,
• posted to a Usenet newsgroup,
• posted to the common area of an online community, group,
or club,
• posted in a chat room,
• posted in a message board of a commercial online service
(such as America Online),
• posted to a Weblog (“blog”),
• sent via an instant message system (such as ICQ, Yahoo!
Pager, Yahoo! Instant Messenger, or AOL Instant Messenger),
• sent through e-mail or another Internet means of
communication when the message’s ultimate destination is a
facsimile (“fax”) machine, cellular or wireless telephone, or
wireless device,
• a commercial e-mail message or other electronic message
that is addressed to one or more recipients with whom you do not
have an preexisting business or personal relationship,
• a commercial e-mail message or other electronic message
that is sent to a mailing list of addresses that you purchased
or that were otherwise distributed, or any list of e-mail
addresses whose owners did not sign up for your specific mailing
list, including without limitation lists commonly known as
“affiliate lists,”
• a commercial e-mail message or other electronic message
that is not sent at the request of, or with the express consent
of, the recipient(s),
• a commercial e-mail message or other electronic message
that is sent to a recipient who has opted out of receiving
further commercial electronic messages from you, or
• a commercial e-mail message or other electronic message
that contains forged headers, compromised mail server relays, or
false contact information.
For purposes of this Policy, spam also includes any e-mail or
other electronic message that is sent in violation of any
applicable Federal, state, or local law regulating unsolicited
commercial e-mail, unsolicited fax transmissions, or any other
type of unsolicited commercial electronic message, regardless of
whether that message fits the definition of “spam” provided
above.
7.6. “Opt-in” E-mail Lists.
Please note: messages sent to “opt-in” e-mail lists are not
spam, for purposes of this Policy, provided that those messages
meet all of the following criteria:
• the messages are sent to an “opt-in” e-mail list in which
ALL subscribers have VOLUNTARILY agreed to receive announcements
and advertisements about products and services;
• the messages STRICTLY COMPLY with ALL the requirements and
regulations of the “opt-in” e-mail list; and
• upon request of any subscriber to the “opt-in” e-mail
list, you immediately stop sending that subscriber any e-mail
regarding your products and services.
If you choose to use an “opt-in” e-mail list, please be aware
that Forged Network will consider ANY violation of the
requirements or regulations of such any third party provider of
software or services for such a list to be a violation of this
NO SPAM Policy.
Furthermore, Forged Network reserves the right to prohibit
“opt-in” e-mail lists in the future if such a prohibition is
reasonably necessary to keep its hosting service operating
efficiently for all users.
7.7. Zero Tolerance for Spam.
Forged Network will not tolerate any spamming by any of its
Customers. This prohibition of spam extends to the sending of
unsolicited mass mailings from another service, which in any way
implicates the use of Forged Network's services whether or not
the message actually originated from our network.
Violation of this NO-SPAM policy will result in Forged Network
taking one or more of the following actions:
A warning via e-mail or telephone,
Suspension of your site until furthur notice,
Removal of DNS for the advertised/originating site, or
Temporarily blocking outgoing mail from your site.
Repeated violation of this NO-SPAM policy will result in
immediate disconnection of service with no re-activation.
Forged Network reserves the right to take all legal and
technical steps available to prevent unsolicited bulk e-mail or
other unauthorized e-mail from being sent from or transmitted
through the Forged Network Network.
PLEASE NOTE: The transmission of spam, including the
transmission of counterfeit e-mail, may result in civil and
criminal penalties against the sender, under various federal,
state, and local laws and regulations, including the federal
CAN-SPAM Act of 2003.
7.8 Indemnification of Forged Network.
You agree to defend, hold harmless, and indemnify Forged Network
from any harm or damages whatsoever resulting directly or
indirectly from your engaging in any spamming practices or from
your violation of any of the terms of this NO SPAM Policy.
7.9 Mailing Limits
You may not send more than 600 emails per hour. Any emails sent
over this limit will be discarded.
8. Resource Usage.
You agree to not use excessive amounts of resources. Any
violations may result in us taking corrective action in order
maintain server stability by killing any processes, disabling
and/or suspending your account.
8.1 Shared hosting accounts may not use more than 3% CPU or
3% memory over a 24 hour period, run more than 24 simultaneous
processes or allow any process to run for longer than 45 CPU
seconds. Databases are limited to 24 max user connections.
9. No Editing, Censoring, or Control of Communications;
Reservation of Rights.
Your participation in online communication or use of any Forged
Network service is not edited, censored, or otherwise controlled
by Forged Network. However, Forged Network reserves the right to
monitor content on this site and on any Forged Network servers,
networks, or systems and to remove content, disable sites, or
suspend or terminate services if Forged Network, in its sole
discretion, determines such content or user practices are
harmful, offensive, or otherwise in violation of this Acceptable
Use Policy.
10. Export Control Laws.
Exporting encryption software over the Internet from the United
States of America to countries other than the United States of
America and Canada violates United States law, unless you have a
license to do so from the Bureau of Industry and Security in the
United States Department of Commerce. You are solely responsible
for determining whether any of your software or other
information contains encryption software and whether you require
a license to export your software or information. You are also
solely responsible for complying with all applicable laws
governing the export of encryption products. For additional
information, you may wish to visit the Bureau of Industry and
Security’s Web site at:
http://www.bis.doc.gov/Encryption/
11. International Use.
Forged Network makes no representation that materials available
on this site or any or through any Forged Network service are
appropriate or available for use in locations outside the United
States, and accessing them or using them from territories where
their contents are illegal is prohibited. Customers and their
users who access this site or any site hosted by Forged Network
from locations outside the United States of America are solely
responsible for compliance with all applicable local laws and
regulations. Moreover, to the extent allowed by law, Customers
agree to defend, indemnify, and hold harmless Forged Network,
its parents, subsidiaries, partners, joint venturers, employees
and agents, and all their respective heirs, successors, and
assigns for any acts of Customer or Customer’s users that may
violate any applicable law.
12. Intellectual Property Rights.
12.1. All Forged Network Web site design, text, graphics and
the selection and arrangement thereof are the copyrighted work
of Forged Network, Inc., © 2004. All rights reserved. If any
page, information, or content is copied, it may only be copied
for non-commercial uses that are explicitly allowed under the
Customer’s Agreement with Forged Network or by law, and Forged
Network shall, in any event, retain all copyright and other
proprietary interests in said page, information, or content.
12.2. You acknowledge and agree that copyrights, trademarks,
service marks, patents, trade secrets, and other proprietary
rights and laws protect all content and materials available on
this site or through any Forged Network service. Nothing on any
Forged Network Web site shall be interpreted or implied in such
a way as conferring any license or right to any intellectual
property rights or license to any intellectual property,
content, technology, system, process, or related material
belonging to Forged Network by virtue of it being displayed or
made accessible on any Forged Network Web site. Except as
expressly authorized, you agree not to use this site or any
Forged Network Services in any manner that would infringe,
violate, dilute or misappropriate any such rights, with respect
to any material, which you may access, receive or make available
through this site or any Forged Network Services.
12.3. If you use a domain name or content in connection with
the Forged Network Web hosting, or any other Web hosting
service, you agree not to use that domain name or content in any
way which violates any trademark, service mark, or similar
rights of any third party. Specifically, and without limitation,
you agree that you will not engage in, attempt to engage in, or
conspire with others or solicit others to engage in any
cybersquatting or domain name hijacking,
12.4 Forged Network's data center infrastructure including
all hardware, software, and telecommunications facilities
located in its data center may only be used for lawful purposes.
Transmission, distribution, or storage of any information, data
or material in violation of any United States or state
regulation or law or the common law, or any applicable foreign
or international law is prohibited. This includes, but is not
limited to, material protected by copyright, trademark, patent,
trade secret, or other intellectual property rights.
12.5. Creating, utilizing, or distributing unauthorized
copies of software or other information content is a violation
of international, federal, and state law. If you copy,
distribute, or install software or other information content in
ways that the license to use that content does not allow, you
are violating federal copyright law and international copyright
law. Forged Network will cooperate with all law enforcement
agencies in relation to alleged copyright infringement based on
content housed in our data centers.
12.6. Please see Copyright Infringement Reporting on the
Forged Network Web site for procedures on disclosing alleged
copyright infringement.
13. Customer’s Grant of Limited License to Forged Network;
Warranties on Content.
By posting or submitting content to any Forged Network Web site
or server, you:
13.1. Grant Forged Network a limited license to transmit,
copy, store, back up, and retrieve the content, solely for the
purpose of providing you with the services you are purchasing
under your Agreement with Forged Network;
13.2. Acknowledge that you are placing data on servers,
networks, and systems that reside physically in the United
States. Such servers, networks, and systems are governed by
United States law and not by the laws of other jurisdiction. As
such, your rights to privacy are governed by United States law
and the Forged Network privacy policy. By ordering or using
Forged Network's services, you explicitly consent to this
provision regarding privacy.
WHILE Forged Network WILL MAKE REASONABLE EFFORTS TO PROTECT THE
PRIVACY OF YOUR INFORMATION AND TO COMPLY WITH UNITED STATES
LAW, PLEASE BE ADVISED THAT YOUR PRIVACY RIGHTS AVAILABLE UNDER
UNITED STATES LAW AND THE Forged Network PRIVACY POLICY MAY BE
LESS THAN THOSE GUARANTEED BY THE LAWS OF THE COUNTRY WHERE YOU
RESIDE.
13.3. Warrant and represent that you own or otherwise
control all of the rights to the content and that public posting
and use of your content by Forged Network does not and will not
infringe or violate the rights of any third party; and
13.4. Agree to defend, hold harmless, and indemnify Forged
Network for any claims of any third party resulting from the
public posting or use of your content.
14. IP Allocation.
Forged Network administers an Internet network on which multiple
Customer servers reside. Customers shall NOT use Internet
protocol (IP) addresses that were not assigned to them by Forged
Network staff or network administrators.
15. Restrictions on Use of Forged Network Services.
15.1 You may not operate Internet Relay Chat (“IRC”) servers
using Forged Network's services.
15.2. You may not run any IRC robot on any IRC server that
might interfere with the Services or otherwise violate this AUP.
When logged into any IRC server, you must comply with the rules
and policies established by that IRC’s service administrator.
15.3. You must not use any programs that may or will
interfere with another’s use of this site or any Forged Network
Services.
15.4. You may not run any background processes on the Forged
Network servers, networks, or systems without prior written
authorization from Forged Network.
15.5. You may not use any Forged Network services to send
denial-of-service (DOS) attacks to any computer or network, or
to “flood” any computer or network.
15.6. You may not host any type of HYIP, autosurf, proxy, or
bit torrent on Forged Network servers.
15.7. You may not use any Forged Network services to make
available to third parties for any use other than normal access
to that account's Web site.
15.8. You may not use our service to offer any free services
including but not limited to free hosting, free email service,
free blogging service, free home pages, free image hosting.
15.9. You may not use our service to host software download
websites or the serving of file downloads. Any websites with
bandwidth usage or disk usage consisting mainly of downloads
will be suspended.
15.10. You may not use our service as an offsite file
storage server. Any use of Forged Network services is strictly
intended for that account's web site only.
15.11. Forged Network reserves the right to add further
restrictions to Customers’use of the Forged Network Services if
such further restrictions are reasonably necessary to keep its
hosting service operating efficiently for all users.
16. Suspension and Cancellation.
Forged Network reserves the right to suspend service to any
Customer or who is using our network or services for violation
of the AUP, the NSP, the Privacy Policy, or the TOS. Forged
Network will use reasonable care in notifying the Customer and
in resolving the problem in a method resulting in the least
amount of service interference as reasonably possible. Forged
Network reserves the right to terminate service without notice
for continued and repeated violations of the AUP, the NSP, the
Privacy Policy, or the TOS.
17. Notices Regarding Violations of AUP and Intellectual
Property Rights.
17.1. The Forged Network Agreement and all its components
prohibit acts of copyright and trademark infringement and other
unlawful behavior by Forged Network Customers. Forged Network
takes Customer violations seriously and will investigate
complaints and, where appropriate, may remove content, disable
sites, suspend or terminate services, or take other action as
necessary.
17.2. General Complaints: Please send reports of any
activity in violation of this Acceptable Use Policy to
info@forgednetwork.com.
If possible, please provide the IP address used to commit the
violation, the date and time of the violation, and evidence of
the violation. Forged Network will reasonably investigate
incidents involving such alleged violations. Forged Network may
involve and will cooperate with law enforcement officials if any
criminal activity is suspected. Violations may result in
criminal and civil liability.
17.3. Copyright/Trademark Infringement Complaints: If you
believe that your copyright or trademark has been used by a
Forged Network subscriber without permission, such that the use
may constitute infringement of your intellectual property
rights, please see the instructions on how to send your claim at
18. Miscellaneous.
All monetary amounts to which this Agreement refers shall be in
United States dollars.
19. Revisions.
Forged Network may revise this Acceptable Use Policy without
prior notice. Such changes will be posted at
http://www.forgednetwork.com/acceptableusepolicy.html. You are responsible for
reviewing the online Acceptable Use Policy to stay update of any
changes. |
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