Terms

Terms

Revision date: October 5th 2009

All services provided by JUSTPROUD ("JUSTPROUD") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless JUSTPROUD from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to JUSTPROUD' servers, or any other server on the Internet. Links to such materials are also prohibited.

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, JUSTPROUD WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Server Abuse Any attempt to undermine or cause harm to a server or customer of JUSTPROUD is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of JUSTPROUD must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Refusal of Service We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability JUSTPROUD shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from JUSTPROUD ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, JUSTPROUD shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of JUSTPROUD ' servers. All damages shall be limited to the immediate termination of service.

Violations Violations of these Acceptable Use Policies should be referred to support@justproud.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer JUSTPROUD cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by JUSTPROUD are resold. Thus, certain equipment, routing, software and programming used by JUSTPROUD are not directly owned or written by JUSTPROUD. Moreover, JUSTPROUD holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as JUSTPROUD sees fit.

Acceptable Use Policy

Revision date: October 5th 2009

As a provider of web site hosting and other Internet-related services, JUSTPROUD offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. JUSTPROUD respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, JUSTPROUD reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, JUSTPROUD has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using JUSTPROUD' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that JUSTPROUD cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because JUSTPROUD cannot monitor or censor the Internet, and will not attempt to do so, JUSTPROUD cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that JUSTPROUD does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over JUSTPROUD' network and may reach a large number of people, including both subscribers and non-subscribers of JUSTPROUD, subscribers' postings to the Internet may affect other subscribers and may affect JUSTPROUD' goodwill, business, reputation or operations. For these reasons, subscribers violate JUSTPROUD policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming: Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward JUSTPROUD, but also because it can overload JUSTPROUD' network and disrupt service to JUSTPROUD' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, JUSTPROUD will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore JUSTPROUD reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should JUSTPROUD choose to pursue and prosecute.

Adult-Oriented Content: JUSTPROUD does not allow adult content and will suspend/terminate any offending account.

Obscene Speech or Materials: Using JUSTPROUD' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. JUSTPROUD is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities: Engaging in activities, whether lawful or unlawful, that JUSTPROUD determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. JUSTPROUD will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with JUSTPROUD' policy or applicable law. However, when JUSTPROUD becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by JUSTPROUD.

JUSTPROUD is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching JUSTPROUD' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. JUSTPROUD does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. JUSTPROUD reserves the right to directly take action against a customer of its subscribers. Also, JUSTPROUD may take action against the JUSTPROUD' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, JUSTPROUD anticipates that subscribers who offer Internet services will cooperate with JUSTPROUD in any corrective or preventive action that JUSTPROUD deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of JUSTPROUD policy.

JUSTPROUD will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. JUSTPROUD may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, JUSTPROUD may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. JUSTPROUD assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, JUSTPROUD may disclose subscriber information or information transmitted over its network where necessary to protect JUSTPROUD and others from harm, or where such disclosure is necessary to the proper operation of the system. However, JUSTPROUD will never sell information to other services or outside companies.

JUSTPROUD expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate JUSTPROUD policy. Finally, JUSTPROUD wishes to emphasize that, in signing the Service Agreement, subscribers indemnify JUSTPROUD for any violation of the Service Agreement, law or JUSTPROUD policy resulting in loss to JUSTPROUD or the bringing of any claim against JUSTPROUD by any third party. This means that, if JUSTPROUD is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against JUSTPROUD, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including JUSTPROUD and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to support@justproud.com.