HostAndStream.com, Inc.®/US Data Vault, Business Services Master Agreement
This HostAndStream.com, Inc.®/US Data Vault Business Services
Master Agreement (this "Contract") is made and entered into as of
______________, 200__, by and between the undersigned HostAndStream.com, Inc.®/US Data Vault (“H&S/USDV”), located at Box 33,
Nashville, TN 37202, Attention: Marc Shaffer (the “H&S/USDV Contact”); and
the undersigned _______________________________________ company (hereinafter,
“Customer”) located at ________________________________________________________________________________________________,
Attention: ___________________ (the “Customer Contact”).
TERMS AND CONDITIONS
The terms and
conditions applicable to this Contract shall be those stated within this
Contract or its Attachment(s).
SERVICES AND PRICE
"Services"
as used herein shall be those Internets or managed business services ordered by
Customer from H&S/USDV under service orders (“Orders”) submitted by
Customer and accepted by H&S/USDV pursuant to this Contract. If this Contract provides for specific
pricing, including any applicable discount schedules, for any such Services,
such pricing or discounts shall be set forth in the Attachment(s) to this
Contract. In any event, the specific
pricing applicable to any particular Services shall be as set forth in the
applicable Order(s) for such Services, which are intended to be consistent with
any pricing or discount schedules attached hereto unless agreed between the
parties with respect to a particular Order.
TERMS OF PAYMENT
The
terms of payment for the Services are as set forth in the Terms and Conditions
or in the applicable Order(s).
NOTICES
All
notices under this Contract will be in writing and will be deemed to have been
duly given if delivered personally or by courier service, faxed or mailed by
registered or certified mail, return receipt requested, postage prepaid, to the
parties at the addresses set forth herein.
All notices under this Contract that are addressed as provided
herein: (a) if delivered personally or
by courier service, will be deemed given upon delivery, (b) if delivered by
facsimile, will be deemed given when confirmed and (c) if delivered by mail in
the manner described above, will be deemed given on the fifth (5th)
business day after the day it is deposited in a regular depository of the
United States mail. Either party may
change its address or respective contact for notification purposes by giving
notice to the other of the new address or designee and the date upon which such
change will become effective.
INCORPORATION BY REFERENCE
The Terms and Conditions and all Attachments hereto and thereto, are integral parts of this Contract and are fully incorporated herein by this reference.
ENTIRE AGREEMENT
This
Contract, and any Orders placed hereunder, shall constitute the entire
agreement between H&S/USDV and the Customer relating to this Contract and
the Services performed hereunder and may not be modified or amended other than
by a written instrument executed by both parties.
IN
WITNESS WHEREOF, HostAndStream.com, Inc.®/US Data Vault and Customer have caused this Contract to be
executed and delivered by their duly authorized representatives, effective upon
execution by Customer and acceptance by HostAndStream.com, Inc.®/US Data Vault.
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Customer:
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Accepted by HostAndStream.com, Inc.®/US Data Vault |
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By: |
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By: |
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Name: |
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Name: |
Marc
Shaffer |
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(Print or
Type) |
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(Print or
Type) |
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Title: |
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Title: |
President |
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Date: |
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Date: |
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HostAndStream.com,
Inc.®/US Data Vault’s Acceptable Use Policy ("AUP") is
provided to give our customers and users a clear understanding of what H&S/USDV
expects of them while using the network. All users of HostAndStream.com,
Inc.®/US Data Vault’s Internet services: those who access some of our Networks
but do not have accounts, as well as those who pay a service fee to subscribe
to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of HostAndStream.com,
Inc. / US Data Vault Services constitutes acceptance and agreement
to HostAndStream.com,
Inc. / US Data Vault's AUP AND TOS (Terms of Service).
We support the uncensored
flow of information and ideas over the Internet and do not actively monitor
subscriber activity under normal circumstances. Similarly, we do not exercise editorial
control over the content of any web site, data or e-mail transmission,
newsgroups, or other material created or accessible over or through the networks,
except for certain proprietary Web sites.
However, in accordance with our TOS (Terms of Service), we may remove
any materials that, in our sole discretion, may be illegal, may subject us to
liability, or which may violate this AUP. H&S/USDV may cooperate with legal authorities and/or
third parties in the investigation of any suspected or alleged crime or civil
wrongdoing. Your violation of this AUP
may result in the suspension or immediate termination of either your H&S/USDV
account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended
to provide a basic understand of H&S/USDV's Acceptable Use Policy. The following are guidelines for the
establishment and enforcement of H&S/USDV's AUP:
·
Ensure
reliable service to our customers
·
Ensure
security and privacy of our systems and network, as well as the networks and
systems of others
·
Comply
with existing laws
·
Maintain
our reputation as a responsible service provider
·
Encourage
responsible use of the Internet and discourage activities which reduce the
usability and value of Internet services
·
Preserve
the value of Internet resources as a conduit for free expression and exchange
of information
·
Preserve
the privacy and security of individual users
H&S/USDV intends to provide its customers access to everything the
Internet has to offer. While H&S/USDV is firmly
committed to the principles of free speech, certain activities that may be
damaging to the resources of both H&S/USDV and the Internet and cannot be permitted under the guise of
free speech. The resources of H&S/USDV and the
Internet are limited, and abuse of these resources by one user has a negative
impact on the entire community.
We do not routinely
monitor the activity of accounts except for measurements of system utilization
and the preparation of billing records. However,
in our efforts to promote good citizenship within the Internet community, we
will respond appropriately if we become aware of inappropriate use of our network.
You may not use the H&S/USDV network to publish material which H&S/USDV
determines, at its sole discretion, to
be unlawful, indecent or objectionable. For purposes of this policy,
"material" refers to all forms of communications including narrative
descriptions, graphics (including photographs, illustrations, images, drawings and
logos), malicious executable programs, video recordings, and audio recordings.
If an H&S/USDV account is
used to violate our AUP or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate
behavior and any pending necessary corrective action; however, flagrant or
multiple violations of the AUP will result in immediate termination of service.
Our failure to enforce this policy, for
whatever reason, shall not be construed as a waiver of our right to do so at
any time.
As a member of our
network community, you must use your Internet access responsibly. If you have any questions regarding this
policy, please contact us at abuse@hostandstream.com.
VIOLATIONS OF HostAndStream.com, Inc.®/US Data Vault’s ACCEPTABLE USE POLICY
The following constitute actionable
violations of this AUP:
0.1.
Illegal use: H&S/USDV's network may not be used for illegal purposes,
or in support of illegal activities. H&S/USDV
reserves the right to cooperate with legal authorities and/or injured third
parties in the investigation of any suspected crime or civil wrongdoing.
1.2.
Harm to minors: Use of the H&S/USDV network to harm, or attempt to harm, minors in
any way, including, but not limited to child pornography.
2.3.
Threats: Use of the H&S/USDV network to transmit any material (by e-mail,
uploading, posting or otherwise) that threatens or encourages bodily harm or
destruction of property.
3.4.
Harassment: Use of the H&S/USDV network to transmit any material (by e-mail, uploading,
posting or otherwise) that harasses another.
4.5.
Fraudulent activity: Use of H&S/USDV network to make fraudulent offers to sell or
buy products, items, or services, or to advance any type of financial scam such
as "pyramid schemes," "Ponzi schemes," and "chain
letters".
5.6.
Forgery or
impersonation: Adding,
removing or modifying identifying network header information in an effort to
deceive or mislead is prohibited. Attempting
to impersonate any person by using forged headers or other identifying information
is prohibited. The use of anonymous
re-mailers or nicknames does not constitute impersonation.
6.7.
Unsolicited
commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the H&S/USDV network to transmit any unsolicited commercial
or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the
immediate termination of the offending H&S/USDV account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting services that support spammers
or cause any of our IP space to be listed in any of the various Spam Databases
will have their server immediately removed from our network,
and will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection
and agree to allow us access to confirm that all material has been COMPLETELY removed. Violations may result in immediate and
permanent removal from our network without notice to the customer. Any one guilty of a second violation WILL be immediately and permanently removed
from our network without notice.
7.8.
E-mail / News
Bombing:
Malicious intent to impede another person's use of electronic mail services or
news will result in the immediate termination of the offending H&S/USDV
account.
8.9.
E-mail / Message
Forging: Forging
any message header, in part or whole, of any electronic transmission,
originating or passing through the H&S/USDV network is in violation of this AUP.
9.10. Usenet
SPAMing:
H&S/USDV has a zero tolerance policy for the use of its
network for the posting of messages or commercial advertisements, which violate
the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under
the rules of a newsgroup or mailing list or that are solicited by the
recipients are permitted.
10.11.
Unauthorized access:
Use of the H&S/USDV network to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of H&S/USDV 's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending H&S/USDV account is subject to immediate termination.
11.12.
Copyright or
trademark infringement:
Use
of the H&S/USDV network to transmit any material (by e-mail,
uploading, posting or otherwise) that infringes any copyright, trademark,
patent, trade secret or other proprietary rights of any third party, including,
but not limited to, the unauthorized copying of copyrighted material, the
digitization and distribution of photographs from magazines, books, or other
copyrighted sources, and the unauthorized transmittal of copyrighted music or software.
12.13.
Collection of
personal data: Use of
the H&S/USDV network to collect, or attempt to collect,
personal information about third parties without their knowledge or consent,
including any attempt to Phish for information are prohibited.
13.14.
Network disruptions and unfriendly activity:
Use of the H&S/USDV network for any activity that affects the ability of
other people or systems to use H&S/USDV Networks or the Internet. This includes "denial of service"
(DOS) attacks against another network host or individual user. Interference with or disruption of other network
users, services or equipment is prohibited. It is the Member's responsibility to ensure
that their network is configured in a secure manner. A Subscriber may not, through action or
inaction, allow others to use their network for illegal or inappropriate
actions. A Subscriber may not permit
their network, through action or inaction, to be configured in such a way that
gives a third party the capability to use their network in an illegal or
inappropriate manner. Unauthorized entry
and/or use of another company and/or individual's computer system will result
in immediate account termination. H&S/USDV
will not tolerate any subscriber attempting to access the accounts of others,
or penetrate security measures of other systems, whether or not the intrusion
results in corruption or loss of data.
14.15.
Fraud: Involves a knowing misrepresentation or
misleading statement, writing or activity made with the intent that the person
receiving it will act upon it.
15.16.
Infringement of
Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or
the aforementioned infringements will not be tolerated.
16.17.
Distribution of
Viruses:
Intentional distributions of software that attempts to and/or causes damage,
harassment, or annoyance to persons, data, and/or computer systems are
prohibited. Such an offense will result in the immediate termination of the
offending account.
17.18.
Inappropriate Use of
Software: Use of
software or any device that would facilitate a continued connection, i.e.
pinging, while using H&S/USDV network could result in suspension service.
18.19.
Third Party
Accountability: H&S/USDV
subscribers will be held responsible and accountable for any activity by third
parties, using their account; that violates guidelines created within the
Acceptable Use Policy.
19.20.
Violation of HostAndStream® / US Data Vault Virtual
Accounts: It is
absolutely forbidden to host or promote pornographic content or IRC servers on
Virtual Server Accounts. Virtual Server
Accounts found hosting this material will be subject to immediate cancellation
without refund.
Security
You are responsible for any
misuse of your account, even if an employee, friend, family member or guest
committed the inappropriate activity.
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 security of another account or
attempt to gain unauthorized access to another network or server.
a.
Your
password provides access to your account. It is your responsibility to keep your
password secure.
b.
Sharing
your password and account access with unauthorized users is prohibited. You should take care to prevent others from
using your account since you will be held responsible for such use.
c.
Attempting
to obtain another user's account password is strictly prohibited, and may
result in termination of service.
d.
You must adopt
adequate security measures to prevent or minimize unauthorized use of your
account.
e.
You may not
attempt to circumvent user authentication or security of any host, network or
account. This includes, but is not
limited to, accessing data not intended for you, logging into or making use of
a server or account you are not expressly authorized to access, or probing the
security of other networks. Use or
distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not
limited to, password guessing programs, cracking tools or network probing or
Phishing tools.
f.
You may not
attempt to interfere with service to any user, host or network ("denial of
service attacks"). This includes,
but is not limited to "flooding" of networks, deliberate attempts to
overload a service, and attempts to "crash" a host.
g.
Users who
violate systems or network security may incur criminal or civil liability. H&S/USDV will cooperate fully with
investigations of violations of systems or network security at other sites,
including cooperating with law enforcement authorities in the investigation of
suspected criminal violations.
REPORTING VIOLATIONS OF HostAndStream® / US Data Vault AUP
H&S/USDV
requests that anyone who believes that there is a violation of this AUP direct
the information to the Abuse Department at abuse@hostandstream.com
If
available, please provide the following information:
a.
The
IP address used to commit the alleged violation
b.
The date and time of the alleged violation, including the
time zone or offset from GMT
c.
Evidence of the alleged violation
d.
E-mail with full header information provides all of the
above, as do system log files. Other
situations will require different methods of providing the above information. H&S/USDV may take any one or more of the
following actions in response to complaints:
e.
Issue written
or verbal warnings
f.
Suspend the
Member's newsgroup posting privileges
g.
Suspend
the Member's account
h.
Terminate
the Member's account
i.
Bill
the Member for administrative costs and/or reactivation charges
j.
Bring
legal action to enjoin violations and/or to collect damages, if any, cause by
violations
REVISIONS TO
THIS ACCEPTABLE USE POLICY
H&S/USDV reserves the
right to revise, amend, or modify this AUP, our TOS and our other policies,
prices and agreements at any time and in any manner. Notice of any revision, amendment, or
modification will be posted in accordance with our TOS.
TOS - T