Terms of Service page

Terms of Service and Acceptable Use Policy

This agreement (hereinafter "Agreement", "Terms of Service", "TOS" or "Terms") has been put together to provide you with a complete and comprehensive set of policies that bind us as the hosting services provider, and you, our Customer.

PLEASE READ THIS AGREEMENT CAREFULLY. BY AGREEING TO OUR TERMS OF SERVICE AND ACCEPTABLE USE POLICY ON THE ACCOUNT SIGNUP FORM, SIGNING UP, COMMUNICATING WITH US, PAYING FOR AND/OR USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE CONDITIONS AND TERMS OF THIS AGREEMENT, OUR ACCEPTABLE USE POLICY, AND OUR PRIVACY STATEMENT.

If you have questions about this Agreement, our Acceptable Use Policy (AUP) or our Privacy Statement, please contact us. Also be sure to read specifics on membership near the bottom of this page to be sure your questions are not already answered there. Thank you.

Terms of Service

1. This service Agreement is between DownTownPublishing (hereinafter "we," "our," or "us") and you, our Customer (hereinafter "Customer," "you" or "your").
2. DownTownPublishing, as your web hosting service provider, will supply Customer with a shared web hosting solution according to the specifics of your plan, along with various services you select for maintaining your Web site, as indicated on our Web site (hereinafter "Services").
3. You warrant that the contact and billing information, as listed on the account signup form, is correct, complete and an accurate representation of your contact details. You also warrant that you are a valid representative of the entity or organization listed on our signup form, and are at least 18 years of age.
4. This Agreement represents the entire agreement between you and DownTownPublishing, and supersedes any and all other communications and any course of performance or course of dealing, except as modified by revisions of this posting by DownTownPublishing or written agreement by an authorized officer of DownTownPublishing (provided, however, that any such revised posting shall take effect prospectively from the date of the posting.)
5. Any of the terms, prices or services offered can be amended, modified or updated by DownTownPublishing at any time.

Customer Responsibility

1. Customer is responsible for uploading Web site files and/or providing and setting up any Web site content. DownTownPublishing is not responsible for modifying, correcting or updating Web site material, unless, you have hired the services of DownTownPublishing to do just that.
2. Customer is responsible for the content of any postings, data or transmissions. This responsibility extends to any individuals or entities given access to the account by the Customer.
3. Customer is responsible for maintaining the confidentiality of login and billing information. DownTownPublishing is not liable for any account disputes that may arise between various parties holding account login information. DownTownPublishing is not responsible for any changes made to the account or any information that has been modified by Customer, or any parties authorized by Customer, to access the Control Panel.
4. Customer is responsible for updating and maintaining contact and billing information with DownTownPublishing. Any changes to the Customer contact information must be made using the account Control Panel or by contacting our Support Team. Customer is responsible for ensuring that DownTownPublishing is able to notify the Customer for technical, billing or other issues or purposes deemed necessary by DownTownPublishing to maintain the account.
5. Customer is responsible for bandwidth utilization, and monitoring bandwidth use to ensure the Web site does not exceed the bandwidth allocated for the account(s). DownTownPublishing will use its best efforts to e-mail Customers who are at or near their bandwidth utilization limits, but DownTownPublishing does not take responsibility if e-mail notification(s) is not received by the Customer. DownTownPublishing reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the bandwidth allotment.

Lawful Purpose

1. DownTownPublishing reserves the right to refuse service to anyone in violation of our Terms of Service or the Acceptable Use Policy (AUP) set forth below or anyone using our networks or servers for unlawful purposes.
2. Customer agrees to abide by all terms outlined in our AUP. Any violation of those terms will result in the actions outlined in our AUP.
3. Customer accepts liability resulting from any breach of our AUP.
4. Customer is responsible for making end-users aware of all the policies of DownTownPublishing and is responsible for any breach of those policies by their end-users, as laid out in our AUP.

Complaints Against Customer
(excluding Trademarks and Copyright complaints)

1. DownTownPublishing does not proactively review the Web site content or e-mail of our Customers. In some situations, as outlined herein or in our AUP, we will review and remove files, Web site content or e-mail to validate compliance with our AUP.
2. We take no responsibility for the content or information contained on our Customers' Web sites or within their e-mail. The opinions and views expressed in the Web pages hosted by DownTownPublishing do not necessarily reflect our views. The contents of the Web pages hosted by DownTownPublishing are not monitored or reviewed in any way before they appear on the Internet.

Payment Policies - General

1. Accounts will not be activated or reactivated without prior payment.
2. All hosting fees and domain name renewal fees are due on or before the due date of the renewing account and/or domain name.
3. Incomplete, incorrect or questionable signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
4. Any losses or expenses experienced by the Customer, due to actions taken by DownTownPublishing in response to Customer non-payment, are not the responsibility of DownTownPublishing.

Payment Policies - Payment Processing

1. DownTownPublishing's preferred method of payment is PayPal or credit card.
2. By purchasing our hosting services, you are agreeing to allow DownTownPublishing to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan you select.
3. You grant DownTownPublishing permission to charge your credit card for any and all services you request, including, but not limited to, hosting and/or domain name renewals.
4. If we are unable to process a payment for your hosting plan by its due date, your account will be cancelled for non-payment and you will not be able to access your Web site or e-mail.
5. When an account is cancelled, all copies of the Web site and e-mail files are permanently and irretrievably removed from our servers.
6. If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees.
7. If we make any refunds due to charges you dispute with your credit card company, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by DownTownPublishing as a result of your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation.
8. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.

Cancellation Policy

1. You are free to cancel your account at any time. Similarly, we reserve the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.
2. Fees for products and services are non-refundable, unless there is an express money-back guarantee.
3. If you do not wish to continue hosting with DownTownPublishing, or do not wish to renew your domain name, it is your responsibility to contact our Support Team to cancel your account. You will need to indicate when you would like to cancel the account and whether you will maintain ownership of any domain names associated with your account.
4. Transferring a domain to a new hosting Company does not constitute canceling an account with DownTownPublishing.
5. If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Support Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees, setup fees, or any fees for additional services that are purchased in the first thirty (30) days.
6. The thirty (30) day money-back guarantee is valid for credit-card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the thirty (30) day money-back guarantee for other payment methods.
7. If your account is cancelled for any reason, we may, in our sole discretion, refund none, some or all of the payment remitted prior to cancellation. In most cases, we will process refunds using the same form of payment that was originally used to pay for the service being refunded. If we are not able to do so, we will issue the refund in the form of a check.
8. You have ninety (90) days to dispute any charge or payment processed by DownTownPublishing. If you have a question concerning a charge you believe is incorrect, please contact us at info@downtownpublishing.com.

Subdomain Ownership

1. Upon purchasing Services, DownTownPublishing will assign you a subdomain composed of your username and our domain name (e.g., username.downtownpublishing.com). Upon cancellation of your account, DownTownPublishing will retain all ownership rights to the username and subdomain.

Technology Parameters

1. Customer is responsible for providing the equipment and services necessary to access DownTownPublishing networks, systems and servers. DownTownPublishing makes no assurances that the Customer's equipment is compatible with its services.
2. DownTownPublishing is not responsible for any service issues experienced due to the use of any programs, scripts or software not provided by DownTownPublishing or not residing on DownTownPublishing's network, systems or servers.
3. DownTownPublishing is not responsible for ensuring that Customer Web sites function correctly, nor are we responsible for trouble-shooting programs, scripts or software placed on our servers by the Customer.

Platform Compatibility

1.
DownTownPublishing strives to maintain compatibility with a wide range of browsers, operating systems and individual user settings, but we cannot warrant that all of our services, tools and pages will perform optimally with every configuration. For best results, we recommend accessing DownTownPublishing's services through a PC running Windows 98 or higher, and using Microsoft Internet Explorer 5.0 or higher as a browser. We also recommend monitors set to a minimum of 256 colors, screen widths of at least 800 pixels, and ISDN or broadband connections.

Electronic Commerce

1. If the Customer chooses to conduct online commerce, the Customer is responsible for maintaining and creating an online store.
2. Customer is responsible for ensuring that products or services sold or made available via our services are legal and accurately represented and that the content of the store and related offerings do not infringe the rights of others.
3. Customer is responsible for fulfilling all the online store needs such as order fulfillment, shipping, data security, etc.
4. Customer is responsible for the security of Customers' credit cards.
5. DownTownPublishing is not liable for any fraud, disputed business transactions, undelivered goods or other improprieties between Customers and their Customers.

Web Site Accessibility

1. We will use all efforts to ensure that Customers' Web sites are available to third parties via the Internet 24 hours a day, seven (7) days a week, excluding scheduled maintenance and regular system repairs as initiated by DownTownPublishing.
2. However, due to the nature and complexity of online services, we cannot guarantee the availability of (i) our Web site, (ii) any Customer Web site or other Web site, information or material hosted by us, or (iii) the products and/or services available on or through any of the above.

User Data

1. Pursuant to DownTownPublishing's Privacy Statement, DownTownPublishing may disclose to third parties certain aggregate information contained in your signup or related data, provided that, such information will NOT include personally identifying information, except as specifically permitted by these Terms of Service or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce these Terms of Service, or under any of the other circumstances set forth in the DownTownPublishing Privacy Policy.

Backup / Restore

1. DownTownPublishing does not maintain backup copies of Customer Web sites or e-mail.
2. DownTownPublishing cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site will always be available.
3. We ALWAYS recommend that Customers copy all content of a Web site to a local computer and strongly suggest that Customers make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files.

Emergencies/Special Situations

1. We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our Customers, including but not limited to actions requiring us to deactivate Web sites, shut down our network, or review the content on Web sites to evaluate the reason for perceived behaviors.
2. In rare instances, we may need to completely delete a Web site or account because of some significant failure, security breach or other emergency. In such cases, we do our best to backup a deleted Web site, but we cannot ever guarantee a full restore of a Web site.

Acceptance of Commercial Relationship and E-mail Communications

1. By purchasing Services, you are agreeing to this commercial relationship with us. As such, you agree our communications to you are solicited e-mails and not SPAM.
2. From time to time, we offer our Customers the opportunity to participate in special offers, contests or surveys, and we may feel it is important to notify you about new products and services through promotional materials and newsletters. You may choose to opt out of receiving these notifications either by responding to the unsubscribe instructions included in the e-mail or by contacting our Support Team.

Domain Name Registrations and Renewals

1. Upon a Customer's request, and subject to these terms and conditions, DownTownPublishing will attempt to register a domain name, or renew the registration of an existing domain name, on behalf of the Customer with any domain name registrar that DownTownPublishing, in its sole discretion, elects to employ for such registration or renewal (the "Chosen Registrar"). DownTownPublishing reserves the right to refuse any request for registration or renewal of a domain name.
2. When registering a new account, you will be enrolled in our Automated Domain Renewal Service. Through this service, DownTownPublishing will attempt to automatically initiate the renewal of any domain name you register through DownTownPublishing. The renewal will be initiated 15 days before a domain's expiration date. Of course, you can opt out of the Automated Domain Renewal Service at any time through Domain Central. While participating in the Automated Domain Renewal Service, you agree to be bound by the policies associated with this service. In the event of conflict between those policies and rules and this Agreement, this Agreement will control.
3. The registration or renewal of any domain name by DownTownPublishing on behalf of a Customer is subject to, and contingent upon, (i) the Customer providing all information needed to complete such registration, (ii) the availability of the domain name, (iii) the domain name not being in violation of any applicable law, rule, statute or regulation, (iv) the domain name not being in violation of any policy of the Chosen Registrar, (v) any fees or costs for such domain name registration being paid in advance by the Customer and (vi) the Customer's continued compliance with any and all DownTownPublishing Terms of Service and the AUP.
4. Once a domain name has been registered or renewed through DownTownPublishing, no refunds will be given for the domain registration or renewal fee.
5. The Customer has full ownership rights over any domain name registered or renewed through DownTownPublishing, where the domain registration fees have been paid in full by the Customer. In the event of fraud or failure to pay fees, DownTownPublishing will retain possession of the domain name. In addition, if we receive a credit card charge-back for a domain registered with us, DownTownPublishing will take ownership of the domain name(s) registered.
6. DownTownPublishing is not responsible for maintaining the registrant information for domain names. The domain owner can modify all this information using our Control Panel, by contacting our Support Team or contacting the Chosen Registrar. The Customer agrees to continually update all information required by the Chosen Registrar. Updating your information with DownTownPublishing does not automatically update it with the Chosen Registrar.
7. DownTownPublishing is not responsible for any domain name's availability. The Customer waives any and all claims against DownTownPublishing for, and hereby releases DownTownPublishing from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name.
8. The Customer acknowledges and understands that any and all domain name registrations and renewals are subject to the terms, conditions, rules, regulations, applicable law and policies of ICANN (Internet Corporation for Assigned Names and Numbers). In addition, any and all domain name registrations and renewals are subject to the terms and conditions of the Chosen Registrar, which can be found on the Web Site of such Chosen Registrar. Upon request, DownTownPublishing will provide the Customer with the name of the Chosen Registrar.
9. The Customer understands and accepts that a request for a domain name registration or renewal is no guarantee that the Customer will receive the domain name that has been requested. The Customer understands, accepts and appreciates the risks associated with circumstances and vulnerabilities generally affecting the Internet and e-commerce in general. The Customer waives any and all claims it may have against DownTownPublishing for, and hereby releases DownTownPublishing from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name in such circumstances.
10. DownTownPublishing is not liable for domain disputes that may arise over changed registrant information for a domain name.
11. DownTownPublishing is not responsible for resolving any domain disputes. These issues must be resolved by the parties involved, according to the legal bounds of ICANN, the domain name governing body. DownTownPublishing will not act as an arbitrator, but will honor any ICANN decisions.

More about Domain Renewals

13. If we are unable to secure payment before the domain renewal date, the domain name will expire.
14. Forty (40) days after a domain renewal date, a domain name will be released by the Registrar and made available to the general public for re-registration.
15. After a domain has expired, we will, upon a Customer's request, put in a request with our Registrar to renew and reactivate the domain name if all registration fees are paid (including any extra fees required to pull a domain name out of its redemption period). This process is normally complete within four (4) days.
16. If we receive a dispute of payment, a chargeback or a request for a refund from your credit card DownTownPublishing for a renewed domain name, DownTownPublishing will take over the ownership of the domain name in question.
17. The Customer agrees that any and all information provided in connection with any domain renewal request shall be true and correct in all respects. In connection with any such request, DownTownPublishing assumes responsibility only for processing such renewal request with the Chosen Registrar. DownTownPublishing disclaims any and all responsibility to verify any information provided in connection with the request and shall have no responsibility or liability for any loss, delay, inconvenience, interruption in service, service error or loss of data.
18. DownTownPublishing bears no responsibility or obligation to notify Customer of any approaching domain name expiration dates. The Customer agrees to bear complete responsibility for such deadlines.

Transferring a Domain to DownTownPublishing

19. If a Customer requests a domain name registration or renewal that requires a transfer from one registrar or reseller to another, the Customer is solely and completely responsible for compliance with any registrar or reseller terms, conditions, procedures and/or policies in connection with the request. DownTownPublishing shall have no liability or responsibility resulting from a delay, inconvenience or expiration of a domain name as a consequence of the Customer's failure to comply with such terms, conditions, procedures and/or policies.
20. While DownTownPublishing will assist you in any way reasonable, we are not responsible for ensuring your domain name is transferred to our servers. During the domain transfer process, Customer is responsible for making any necessary domain name server changes and ensuring the transfer is implemented correctly.

Waiver of Jury Trial

1. Both you and DownTownPublishing hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement.
2. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims.
3. You and DownTownPublishing each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings.
4. Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver.
5. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.

Limitations of Liability

1. DownTownPublishing operates a shared hosting environment, which affords a cost-effective hosting option for our Customers and introduces some risk that a Customer could impact others.
2. We cannot accept any liability for downtime, interruptions of service, loss of business, breach of security or inadvertent access to your private data.
3. We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where DownTownPublishing must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.
4. DOWNTOWNPUBLISHING AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MEMBERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH DOWNTOWNPUBLISHING IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY DOWNTOWNPUBLISHING.
5. YOU AGREE THAT ALL ACCESS AND USE OF DOWNTOWNPUBLISHING AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL DOWNTOWNPUBLISHING BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, TOOLS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY'S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER, OR (C) ANY CUSTOMER WEB SITE OR ANY CONTENT ON SUCH WEB SITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, TOOLS AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEB SITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOWNTOWNPUBLISHING SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE.

Miscellaneous

1. These Terms shall bind and benefit the successors and heirs of the parties. These Terms, product offerings and pricing are subject to change at any time, without notice.
2. By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and state court of The Commonwealth of Minnesota, depending, having jurisdiction over you. The Terms and the relationship between you and DownTownPublishing shall be governed by and interpreted in accordance with the laws of The Commonwealth of Minnesota, United States of America, without reference to its principles of conflicts of law.
3. If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.

Acceptable Use Policy

We've developed this Acceptable Use Policy (AUP) to help our Customers understand their responsibilities when using our services. It explains our polices regarding activities that may be harmful to our Customers or compromise the efficiency of our shared hosting environment.

We may take preventative or corrective action, at our discretion, in response to any of the activities described in this AUP, along with any activities that contradict the spirit of this AUP or the nature of the Internet as an open, efficient method of communicating and conducting business.
To meet the changing needs of our Customers, our business, the Internet environment and the legal landscape, this AUP may be revised at any time and we encourage you to review this AUP on our Web site periodically.

If you feel you have discovered a violation of any area of our AUP, please report it to:

DownTownPublishing
102 1/2 11th st. s.
Virginia, MN. 55792
FAX: 760-875-7933

E-mail: info@downtownpublishing.com

I. Rights and Responsibilities

1. Lawful Use. Our services may only be used to engage in lawful activities. Examples of unlawful activities that are prohibited by this AUP include, but are not limited to:

1. Child Pornography. We do not knowingly host and we prohibit use of our services for the distribution or dissemination of child pornography. We consider "child pornography" to be a visual depiction of a minor (child younger than 18) - or any person explicitly or by implication described to be a minor who is engaged in sexually explicit conduct. Prohibited activities include possession, manufacturing and distribution of child pornography, online enticement of children for sexual acts, child prostitution, and child sex tourism.

When we become aware of the presence of child pornography that is on or being transmitted through our network, the associated Web site will be suspended and reported to law enforcement agencies as required by law.

2. Online Gambling. You may not use our services to engage in the online making, receiving, recording or forwarding of bets or offers to bet. You may not link to sites that engage in such activities.

3. U.S. Export and Import Laws. Customers may not use our services to engage in a violation of U.S. export and import control laws. Violation of these laws may include selling products that are legal to sell in the U.S., but illegal to export; or legal to sell in one country, and illegal to sell in the U.S. Customers may not use our services to aid individuals with whom U.S. citizens may not do business.

4. Electronic Crimes and Security. We take the security of our network, facilities and our Customers seriously. Customers are prohibited from engaging in the activities set out below and any other activities that create a security risk for us and our Customers.

1. Illegal or Unauthorized Access to Other Computers or Computer Networks. DownTownPublishing prohibits attempts to access, monitor or disrupt another's account, computer, computer network, or security measures. In addition, any activity that may be seen as precursor to an attempted system penetration (for example: port scan, stealth scan, or other information gathering or monitoring activity) is forbidden.

Customers are also prohibited from attempting to circumvent security in order to obtain access to services on DownTownPublishing servers that are not provided in your account. Customers cannot scan our network or other networks with the intent to breach and/or evaluate security vulnerabilities. It will be considered a violation of this AUP for you to attempt to breach or to breach the security or firewall systems of , its Internet access provider, or any affiliates. If you become aware of such an attempt to breach or actual breach, please notify using the contact information listed above.

We reserve the right to engage in the activities set out in this paragraph in order to improve the security of our services and investigate security breaches.

2. Engaging in Destructive Activities. Customers may not engage in the act of sending or distributing malicious code or information regarding the creation of Internet viruses, worms, Trojan Horses, mail bombing or denial of service attacks. "Destructive Activities" includes, but is not limited to, sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding and any other activity that may be deemed harmful and that may result in a denial of service against any computer or computer network. Intruding into a 's network to alter, access, steal, disable or destroy data, including personal, financial, proprietary, or to use the services of the host computers is also prohibited. This prohibition extends to activities that disrupt the use of DownTownPublishing, or interfere with the ability of others to use a computer network and any connected network, system, service, or equipment. These types of activities are not only harmful to the shared hosting environment but also slow and cause damage to the entire Internet.

5. Other Illegal Activities. Customers are not allowed to engage in activities that are deemed illegal by DownTownPublishing. These activities include advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes; fraudulently charging or collecting credit card information; or pirating software.

All material on our network and servers must comply with United States laws. In addition, all material placed on our network and servers by our Customers must be legal in the Customer's own jurisdiction.

2. Pornography. No Customer shall use DownTownPublishing's services to engage in pornography. This includes uploading or publishing material that would commonly be considered "indecent," "appealing to the prurient interest" or referred to as "adult" material. In addition, linking to these sites is not allowed.

3. Intellectual Property. Customers may not engage in activities that infringe or misappropriate the intellectual property rights of others. This includes, but is not limited to, infringing copyrights, trademarks, service marks, trade secrets, software or patents held by other individuals, corporations or entities. DownTownPublishing will cancel the account of any Customer who knowingly infringes intellectual property laws.

Common instances leading to intellectual property violations involve the unauthorized use of pictures, framing another's Web site within your own without permission and using another's trademarks without their permission to promote competing goods or services.

The Digital Millennium Copyright Act (DMCA). If you believe your copyright interests have been infringed, and Customers who receive DMCA notices from us, are encouraged to become familiar with the provisions of the DMCA by going to this link: http://www.copyright.gov/legislation/hr2281.pdf.

1. Copyright infringement. To report an infringement, copyright holders must send "proper notice" to our General Counsel. It is the copyright holder's obligation to draft its notice in a way that makes the claim easy to and identifies the source of the complaint.

"Proper notice" contains the following:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
2. Actual identification of the material you claim violates your copyright, or if there is more than one violation, a representative list.
3. Sufficient information to enable us to locate the material you claim infringes your copyright. Please include the URL, rather than a description of the content.
4. Information that enables us to contact you. Anonymous DMCA complaints will not be honored.
5. The following statement: "I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
6. The following statement: "Under the penalty of perjury I state that the information contained in my complaint is accurate and I am authorized to act on behalf of the owner of the copyright I claim is infringed."

Pursuant to the DMCA, we have designated our General Counsel as our agent for receipt of DMCA notices. All DMCA notices must be sent to the General Counsel. We have no obligation to review DMCA notices not directed to our General Counsel, to respond to DMCA complaints that do not comply with the DMCA, or which are characterized as DMCA complaints, but make other allegations.

In the event that removes or disables access to material claimed to be a copyright infringement, DownTownPublishing may (but is not required to) attempt to contact the Customer who has posted such material in order to give that Customer an opportunity to respond to the notification. Any and all counter notifications submitted by the Customer will be furnished to the complaining party. DownTownPublishing will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before DownTownPublishing replaces or restores access to any material as a result of any counter notification.

2. Trademark Infringement. We consider a Trademark Infringement to be any use of a trademark, service mark, trade dress or other identifying mark, word, phrase, color, picture or layout that could lead to confusion between a Customer's use and the use by the holder of a valid trade or service mark.

We evaluate allegations of trademark infringement upon receipt of "proper notice." Proper notice consists of:
1. Identification of any URL that allegedly infringing protected material;
2. A verifiable statement of ownership;
3. A statement that you believe the disputed use is not authorized by the trademark owner or by law;
4. Information that enables us to contact you; and
5. A physical or electronic signature of the trademark owner, or person authorized to act on behalf of the owner.

It is our policy to terminate the services of Customers for whom we have received multiple proper notices alleging infringement of the same or similar copyrights.

3. DownTownPublishing Copyrighted Material. It is also our policy to protect its own intellectual property rights. The use of content or marks found on our Web site, or use of the name "DownTownPublishing", without the prior written consent of DownTownPublishing, is prohibited. Any infringement of 's intellectual property rights will result in immediate termination by of the infringing 's contract.

We do, however, want to provide our Customers with the information and access they need to create a successful online presence and will permit fair use of our trademarks when it is possible and appropriate.

Any questions about what constitutes fair use versus infringement should be directed to our General Counsel.

4. Disruptive Activity and Communications. Customers must not engage in any activity that disrupts the quiet enjoyment or use of the Internet or DownTownPublishing services by others. Disruptive activities include, but are not limited to:

1. Spamming - Because SPAM can impair our ability to deliver quality services, Customers are prohibited from sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act ("SPAM") of 2003. It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary.

To avoid action under our AUP, please familiarize yourself with the CAN-SPAM Act by following this link: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm.

It is our policy to cancel accounts that experience a pattern or history of sending e-mail that is the subject of legitimate SPAM complaints from third-parties. We investigate all complaints and take the appropriate action given the circumstances and history of non-compliance.

It is a violation of this AUP to commission a third party to send e-mail that is in violation of it, even if that third-party does not use DownTownPublishing systems, networks or resources.

E-mail not in compliance with this AUP - regardless of source - which contains any reference to a Web site hosted by us or contains any reference, link, to a network or system of DownTownPublishing is prohibited.
DownTownPublishing reserves the right to cancel or suspend your account, at our sole discretion and without notice, for situations involving SPAM violations.

2. Offensive Communication - harassment, defamation, libel and hate speech - Customers are prohibited from using our services to engage in activities that may be considered harassing, defamatory, libelous or malicious. Whether a particular activity is within scope of this prohibition is solely within our discretion.

We generally consider harassing activity - or harassment - to be the act, or intention, of intimidating, threatening or otherwise tormenting others using our services. Harassment can result from the language used, or the frequency or size of a message. Hate speech or literature includes, but is not limited to, anything that prejudices, creates a hostile bias or grossly defames a group.

5. Use of Our Services.
1. Unauthorized Reselling or Providing Access to Account Services. Customers cannot resell or provide access to e-mail services, tools or access codes/passwords that are not being used to maintain a Customers account. Nor can Customers sell or give any type of script installed on DownTownPublishing's servers.

2. Exploits. Customers may not use programs on their Web site, such as CGI, Perl, PHP, etc, which intentionally or unintentionally allow third-parties to utilize your scripts in a manner that violates this AUP.

Common script exploitations include security breaches that third-party use to access your Web site files or directories, spam that third-party use to send e-mail that is not in compliance with the CAN-SPAM act. Please be aware, these exploitations can happen when Customers introduce new scripts, or modify the scripts that we provide.

Customers must immediately modify or deactivate offending scripts. We reserve the right to temporarily suspend your account, modify or deactivate offending scripts, or take other action we deem necessary to address or prevent violations of this AUP.

3. Other Activities or Information. Customers are prohibited from taking part in any activity or information, lawful or unlawful, that could be considered harmful, offensive or controversial for DownTownPublishing, its Customers or third-parties. When evaluating an AUP violation, we consider whether we could reasonably foresee our Customers, operations, reputation, goodwill or general Customer relations being negatively impacted by the activity or information.

6. Requests for information about you and your use of our services. We have an obligation and a duty to respond to subpoenas and other legitimate requests for information about your account and your use of our services. You should not assume that any information will remain confidential.

II. Remedies and Action

1. In General. When we become aware of a violation of our AUP, it is at our sole discretion to respond in the manner we believe to be appropriate for stopping the offending activity, including but not limited to, removing or blocking access to material, shutting down a Web site, blocking offending transmissions, deleting an account and all associated information and files.

No credits or refunds will be issued for any account that is cancelled due to a violation of this AUP, whether or not it is later proven that an actual AUP violation occurred.

2. Presenting Complaints and Notice. We reserve the right to use our best judgment to determine who bears the burden of proof for alleged AUP violations. We also reserve the right to take any and all action that we deem appropriate And bear no responsibility for verifying/investigating complaints and responses.

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