May 2008 - Version 1.00
Please read the following carefully.
The following is the myhosting ("We", "Our", "myhosting", or "myhosting.com") Acceptable Use Policy (the "AUP") for the myhosting.com Community Portal - http://myhosting.com/help/. This AUP defines the terms and conditions that you ("You", "Your", "Customer", "Viewer" and "Participant") agree to when You use and/or register and/or subscribe to the myhosting.com Community Portal (the "Portal"). Please read the terms and conditions of this AUP carefully before accessing, subscribing, reading and/or contributing any content to the Portal. BY CONTINUING TO USE THE PORTAL, YOU ARE CONSENTING TO BE BOUND BY THIS AUP, AND ALL RELATED POLICIES AND GUIDELINES OF MYHOSTING.COM, IF ANY, AS INDICATED IN THIS AUP ARE INCORPORATED BY REFERENCE.
This AUP is different in scope from the myhosting.com Services AUP which can be found at - www.myhosting.com/policy/aup.asp. The Services AUP governs all terms and conditions as they pertain to the Services provided by myhosting.com to Customers. This AUP governs only the terms and conditions pertaining to the Portal provided at http://myhosting.com/help/.
myhosting.com reserves the exclusive right to revise, change or amend any portion of this AUP, or any other policies or guidelines governing the Portal, at anytime, in its sole discretion and without advance notice to You. You agree to comply with all policies regarding permitted and prohibited uses of the Portal that may be posted by myhosting.com Community Portal website. Any changes will be effective upon the posting of the revisions on the Portal. Your use of the Portal will be subject to the most current version of the AUP posted on the Portal at the time of such use. You may view the most current version of this policy at (http://myhosting.com/usermanagement/aup.php). YOUR CONTINUED USE OF THE PORTAL FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THE AUP, PLEASE IMMEDIATELY DISCONTINUE USE OF THE PORTAL.
"AUP" means this Acceptable Use Policy and the terms and conditions contained herein in respect of the Portal, as the same may be amended or replaced from time-to-time in accordance with the provisions of this AUP;
"Material" means all information made available, displayed or transmitted in connection with the Portal (including but not limited to all trade-marks, domain names, contents of any bulletin boards or chat rooms or forums, information made available by means of any HTML "hyper link", a third party posting or similar means and all updates, upgrades, modifications and other versions of any of the foregoing. For the purposes herein, the terms Material and Content shall be considered one in the same;
"Portal" means all the Material and Content that makes up the myhosting Community Portal found at http://myhosting.com/help/;
"Portal Account" means the online account You use to contribute content to the Portal. This account is created by You when you register with the Portal by providing a Username and Password. The Portal Account can be managed by You through a web-based management interface accessible from the Portal.
"Spam" means unsolicited e-mails, including without limitation, commercial advertising and informational announcements; and
"Spamming" means sending Spam.
The provisions contained in this AUP are intended to be guidelines for You as it relates to acceptable behavior and conduct in connection with Your use of the Portal. THESE PROVISIONS ARE NOT MEANT TO BE EXHAUSTIVE. In general, any conduct that violates laws, regulations, or any of the generally accepted norms of the Internet community, whether or not expressly mentioned in this AUP, is prohibited. myhosting.com reserves the exclusive right, at any and all times, to prohibit any of Your activities, in connection with Your use of the Portal, that in any way damage the commercial reputation and goodwill of myhosting.com. All terms and conditions herein are governed exclusively by the laws of Ontario (Canada).
The use of the Portal is intended exclusively by participants over the age of 18.
Unless otherwise specified, words importing the singular include the plural and vice versa and words importing gender include all genders.
3. PROHIBITED ACTIVITIES
In connection with Your use of the Portal, You are strictly prohibited from engaging in the following activities:
a. Tampering with the Portal Accounts of other users, or committing unauthorized intrusions into any part of the myhosting.com system or related systems;
b. Using servers, files, accounts, or networks to intrude, without authorization, into any other system or systems;
c. Using Portal Accounts not provided or intended for use by You or circumventing security provisions in order to access the Portal as a different user;
d. Making deliberate attempts to interfere with or overload the Portal or attempt to disable the Portal;
e. Any network-based attack on local and/or foreign networks, hosts, servers, or any systems or applications, including without limitation, overloading, engaging in 'denial of service' attacks, 'crashing' or 'mail-bombing', in which case myhosting.com will promptly notify the appropriate law enforcement authorities of such violations;
f. Utilizing the Portal in any other manner so as to interrupt or interfere with the access to and/or usage of the Portal by another party;
g. Sending Spam to any of the Portal users;
h. Posting any content on the Portal that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any content that encourages conduct that would constitute a criminal offence, violate the laws of others or otherwise violates any applicable local, provincial, national or international law;
i. Knowingly transmit e-mail or post content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, alter or limit the functionality of any computer software or hardware;
j. Contributing any content, idea or material to the Portal that infringes on any patent, trademark, copyright or sharing any confidential information of any kind;
k. Forge e-mail and/or comment header information in any way;
l. Using the Portal to collect e-mail addresses and/or other user information in any way;
4. GENERAL PRINCIPLES
a. The purpose of the Portal is to allow You to contribute comments in an open forum with fellow customers of myhosting.com. However, the expectation is You will be civil and at all times respect all of the participants of the Portal. Any content that is considered inappropriate, inaccurate, profane, defamatory or violates any other of the Prohibited Activities outlined in article 3 herein will NOT be tolerated. This Portal is moderated by the community. All users should notify myhosting.com of any inappropriate Materials and myhosting will take immediate action.
b. The Portal is dedicated to the discussion of ideas and improvements related to myhosting.com Services. The Portal is NOT the appropriate channel to seek technical support or inquire about an order. myhosting.com provides a number of methods for customers to access support - telephone, email, instant chat and the web-based Control Panel (https://support.myhosting.com/) - please make sure You use the method that suites your needs.
c. The goal of the Portal is to encourage the sharing and discussion of individual ideas, comments and solutions. We hope you will contribute your own ideas and comments.
d. No commercial postings on the Portal will be accepted of any kind.
e. All users of the Portal should follow basic legal restrictions just as they should on any other web site. Users are prohibited from infringing on any patent or copyright or sharing any confidential information.
5. MATERIAL ON THE PORTAL
You accept and agree that You will not upload, post, or otherwise transmit any Material (including text links, communications, software, images, sounds, data or other information) that:
a. Is not consistent with the permissible uses outlined by the Terms and Conditions of this AUP, including, but not limited to, Material that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
b. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
c. Constitutes advertising or promotion, junk mail, "spamming," chain letters, or any other form of unauthorized solicitation. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or website content appears to be intended as a means of solicitation as determined by myhosting.com in its sole and exclusive discretion;
d. Contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functionality of any software or hardware;
e. Provides any non-public information about myhosting.com or any other company or person without the proper authorization to do so. This includes providing the names, addresses and extension numbers of myhosting.com employees and Portal participants;
f. Intentionally interferes with the operation of the Portal or with a fellow user's use of same, without limitation, mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking;
g. Impersonates any person or entity, including a myhosting.com employee, or forges any TCP/IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers;
h. Attacks or insults another Portal user or any myhosting.com employee(s) assigned with managing the Portal;
i. Suggests or encourages illegal activity; or
j. Violates any U.S. and/or Canadian export law, including, without limitation, the Export Administration Act and Export Regulations maintained by the Department of Commerce.
6. OUR COMMITMENTS
a. To encourage a real-time and free-flowing discussion, comments will not be actively moderated by myhosting.com. The Portal will be moderated by the community, and You can and should flag any materials that violate this AUP. myhosting.com will retroactively remove postings that violate this AUP. myhosting.com will do their best to respond to comments - where appropriate - in a reasonable timeframe. myhosting.com expects Users to provide their own input and responses, as this Portal is a forum for ideas and is not designed for Q&A with myhosting.com or responses to specific customer questions.
b. We will not hesitate to address tough issues or challenging topics. There are some topics that are not appropriate for the Portal and will not be maintained on the Portal - political issues, sensitive financial matters and any other topics unrelated to Our business and industry.
c. myhosting.com will closely consider the most popular ideas, as selected by Users, and review the suggestions for their business potential and viability.
d. myhosting.com will update Users on the status of the most popular ideas and any product or business developments linked to user ideas and comments.
e. All corporate values and policies will guide what myhosting.com does and says in relation to the Portal.
f. myhosting.com will remove posts by others that are not in line with our guidelines, or violate any policies highlighted herein in this AUP or exist elsewhere and are considered by myhosting.com as a relevant guideline and/or policy.
We may refuse to grant You a UserID that is already being used, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person, is vulgar or offensive, or that we reject at our discretion.
By registering for the Portal, You agree that all information provided in your profile is accurate, true, current and complete. myhosting.com may terminate Your Portal Account if any of the information provided is found to be inaccurate, false, out of date or incomplete.
8. PORTAL MANAGEMENT
The Portal is not intended as a way for visitors to get answers from myhosting.com on any issue. It is intended purely as a means to exchange ideas and propose solutions. Unless the person is authorized to speak on behalf of myhosting.com, the views and statements of myhosting.com employees are theirs alone and do not represent an official company position. Portal is not a substitute for contacting myhosting.com support, for example, for resolution of any issues with any myhosting.com Services. Support for myhosting.com Services can be found from the home page - http://myhosting.com.
9. PORTAL LICENSE
You grant to myhosting.com and its assignees a perpetual, irrevocable, non-exclusive fully-paid up and royalty free license to use any ideas, expression of ideas or other materials You submit (collectively, "Materials") to the Portal without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to You or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Materials, and all rights therein, in the name of myhosting.com, or its assignees worldwide in perpetuity in any and all media now and hereafter known.
The license shall also permit myhosting.com and its assignees to use portions of the Materials You submit, rerecord or modify any audio tracks or visual images You provide, rewrite any Materials You submit, and/or incorporate other materials, either created by myhosting.com and its assignees or licensed from third parties, with the Materials You submit. Any such works shall be deemed Materials owned by myhosting.com and shall not be subject to Your approval or payment by myhosting.com of any compensation to You.
You agree that the Materials You submit: (i) are original and accurate, and (ii) do not violate and will not violate the rights of any third party or any local, provincial, national or international law, including any right of publicity, right of privacy or any other proprietary right.
You acknowledge and agree that the relationship between You and myhosting.com is not a confidential, fiduciary, or other special relationship. myhosting.com shall have the right, but not the obligation, to use Your name, likeness, biography and other information about You in connection with any use of the Materials You submit.
By making a submission, You acknowledge and agree that myhosting.com and its assignees may create on their own or obtain many submissions that may be similar or identical to the Materials You submit through the Portal, or other channels and means. You hereby waive any and all claims You may have had, may have, and/or may have in the future, that the Materials accepted, reviewed and/or used by myhosting.com and its assignees may be similar to Your Materials.
10. OPTION TO PURCHASE
myhosting.com shall have the exclusive option to purchase from You and acquire all right, title and interest, including without limitation, any copyrights and other intellectual property law in and to the Materials You submit, which rights shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and apply for copyright registration for any or all of the Materials, and all rights therein, in the name of myhosting.com, or its assignees worldwide in perpetuity in any and all media now or hereafter known. The option shall be exercisable by Us from the date You submit the Materials until One (1) year from that date. If we exercise the option, You agree to accept payment in the amount of Five Hundred U.S. Dollars (USD $500) or value in kind at myhosting.com's sole discretion, and You agree to execute, acknowledge and deliver such other instruments consistent with an assignment of the intellectual property as may be reasonably necessary to carry out or effectuate the purposes or intent of the assignment of the Materials.
11. GENERAL RELEASE
You hereby release and hold harmless myhosting.com, its affiliated entities, assignees, employees, directors, officers, and licensees with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys' fees, due to or arising out of Material You submit, post, transmit or make available through the Portal, the use of such Material by myhosting.com for any purpose, Your use of the Portal, Your violation of the Terms and Conditions of this AUP, or the violation by You or myhosting.com or any third party's rights including, without limitation, intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability, direct or indirect, vicarious, contributory, or otherwise.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A majority of the Material posted on the Portal is provided by third parties like You. Such third-party Material is the sole responsibility of the person originating that Material. myhosting.com does not control, and is not responsible for this third-party Material. myhosting.com does not warranty or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any Material on the Portal regardless of who originates that Material. You expressly understand and agree that You bear all risks associated with using or relying on that Material. myhosting.com will not be liable or responsible in any way for any Material posted on or linked from the Portal including, but not limited to, any errors or omissions in Material, or for any losses or damages of any kind incurred as a result of the use of or reliance on any Material. This disclaimer and limitation on liability is in addition to the disclaimers and limitations contained on the myhosting.com Services AUP.
The Portal allows users to post hypertext links to Material hosted and maintained by third parties. Links are subject to treatment like any other type of Material posted on the Portal. You may not include a link that directs users to any Material or information that, if posted to the Portal, would constitute a violation of this AUP. The linked sites and Material are not moderated by myhosting.com, are not under myhosting.com's control, responsibility or endorsement and Your access to any linked site is at Your own risk. When leaving the Portal using any link provided by a user, You should be aware that myhosting.com's Terms and Conditions and other related policies no longer govern, and You should review the terms and policies, including privacy and data gathering practices, of that particular site. If You access a linked site and find Materials to be in violation of the Terms and Conditions of this AUP, We suggest You report the link to Us.
myhosting.com generally does not pre-screen, verify or edit the Material posted by users on the Portal. However, myhosting.com reserves the sole and exclusive right to do so and to investigate any violation of the Terms and Conditions of this AUP and to take appropriate remedial action. myhosting.com has absolute discretion to enforce the Terms and Conditions of this AUP, including, but not limited to, warning users of violations, disabling or suspending access to the Portal, deleting, screening or editing any Material, or prohibiting any behavior that does not comply with the Terms and Conditions of this AUP, or which is otherwise inappropriate for the Portal. Deliberate attempts by users or someone on their behalf to evade or circumvent their suspension or termination of rights to the Portal violates the Terms and Conditions of this AUP, constitutes an unlawful trespass to myhosting.com's equipment and systems, and may result in legal action.