All accounts and customers of Notable Web are bound by the following:
Notable Web has formulated this Acceptable Use Policy in order to encourage the responsible use of Notable Web's services by our customers and other users ('Users'), and to enable us to provide our Users with secure, reliable and productive services.
The Notable Web network, including the websites hosted by Notable Web (collectively, the 'Notable Web Network'), may be used only for lawful purposes. Users may not use the Notable Web Network in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or (c) that is obscene, threatening, abusive or hateful, including the advocating of terrorism and/or the killing of any individual or group.
Notable Web will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Notable Web network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. No credits will be issued for any interruption in service resulting from policy violations. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at firstname.lastname@example.org.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the Notable Web Network, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, 'flooding', 'mailbombing' or 'crashing', (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. Notable Web will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ('spam') in a way that could be reasonably expected to adversely impact the Notable Web Network, including, without limitation, using an e-mail account on Notable Web's network to send spam or bulk e-mail, or using the service of another provider to send spam or to promote a site hosted on or connected to the Notable Web Network. In addition, Users may not use the Notable Web Network in order to (a) send e-mail messages which are excessive and/ or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, 'mailbombing', (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data (g) Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.
Users who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Users may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as 'Usenet spam'), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.
Any User which Notable Web determines to have violated any element of this Acceptable Use Policy shall receive a written warning, and may be subject at Notable Web's discretion to a temporary suspension of service pending such User's agreement in writing to refrain from any further violations; provided, however, that if Notable Web deems it necessary, it may immediately suspend or terminate such User's service without issuing such a warning. Users which Notable Web determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
Notable Web takes no responsibility for any material input by others and not posted to the Notable Web Network by Notable Web. Notable Web is not responsible for the content of any other websites linked to the Notable Web Network; links are provided as Internet navigation tools only.
Any User interacting with our site and providing Notable Web with name, address, telephone number, e-mail address, domain name or URL or any other personally identifiable information permits Notable Web to use such information for commercial purposes of its own, including contacting Users about products and services which may be of interest. For each visitor to our Web Site, our Web server recognizes only the visitor's domain name, not the e-mail address. We collect information volunteered by the visitor, such as form submittals and/or site registrations. This information is used to improve the content of our Web site, it is not shared with other organizations for commercial purposes. Any User who does not wish to receive further contacts from Notable Web should send Notable Web a specific request (i.e., stating do not use or do not share or both) by certified mail or by regular mail clearly marked 'Privacy-Urgent' addressed as follows: Notable Web, PO BOX 7762 Bonney Lake, WA 98391.
Notable Web does not sell, rent or otherwise disclose its mailing lists to third parties.
Notable Web reserves the right to modify this Acceptable Use Policy at any time in its sole and absolute discretion.
Notable Web takes every precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just ‘surfing’.
While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to your information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers’ information is protected. Finally, the servers that we store personally identifiable information on are kept in a secure environment.
All Hosting Accounts are bound by this Terms of Service. Dedicated Accounts should refer to their individual hosting agreements, as warranted.
1) Setup Fees including, but not limited to, additional programming are nonrefundable.
2) Customers who pay by check are mailed statements via US Postal Service on the 15th of each month, with payment due on the fifth day of the following month.
3) Payments are considered late 10 days after the due date. A 1.5% monthly fee (18%APR), minimum of $1.00, will be assessed to your account. Should your account become overdue, you will receive a reminder via email that we have not received your payment. If your account becomes more than 20 days past due your service will be suspended. If your account becomes more that 60 days past due, your data will be removed from the servers and your account will be referred to our collection agency.
4) If you wish to cancel your services, with Notable Web, Inc., you must provide a minimum notice of 30 days. If you cancel your service, with the required 30 day notice, you will be refunded the prepaid fees for unused hosting fee collected, once those services are no longer being provided, not including setup fees, if you have a contract, the terms of the contract apply. If you cancel your service, but fail to transfer your site(s) to another provider and continue to utilize our hosting network you will be billed until such time that you are no longer utilizing our services. If you wish services to cease immediately, you must request that our services be discontinued immediately.
5) The use of any data or material, which Customer receives from the service provided by Notable Web, is at Customer's sole and absolute risk. Notable Web specifically disclaims and denies any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby.
6) Notable Web will utilize its best efforts to maintain acceptable performance of services, but Notable Web makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Notable Web cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Notable Web will not be liable for the inadvertent disclosure of, or corruption or erasure of, date transmitted or received or stored on its system. Notable Web shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of Notable Web.
7) Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ('Liabilities') against Notable Web, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Notable Web against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Notable Web's server; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on Notable Web's Server. As a result of this, Customer agrees that Notable Web shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of Notable Web. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.
8) The Customer may only use Notable Web's services for lawful purposes. In the event that at any given time, Notable Web believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, Notable Web has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer:
a. Unauthorized distribution or copying copyrighted software, violation of US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities; Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.
b. Unsolicited advertising via email and/or 'Spamming' is a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. Notable Web reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
c. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. Notable Web reserves the right to determine what is Net abuse.
d. Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights.
e. The Customer expressly understands and agrees that illegal Adult oriented Websites are expressly prohibited. Notable Web reserves the right to immediately terminate and remove any such unauthorized Websites without notice and discontinue service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service.
f. MUDDS, Listservers or any other Internet application that are not Website specific, are specifically prohibited.
Notable Web will not be responsible for any damages your business may suffer. Notable Web makes no warranties of any kind, expressed or implied for services we provide. Notable Web disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Notable Web and its employees. The services provided by Notable Web are provided AS-IS and without any warranty expressed or implied. Notable Web reserves the right to revise its policies at any time.
Notable Web requires DMCA notices to be filed by letter. The complaint must include full contact information in the complaint (including phone number). We will call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints. This ticket system has received what appears to be a possible DMCA complaint, but one or more of the following are missing: (a) the complaint does not contain sufficient information (b) the format of the complaint is inconsistent with the requirements of the DMCA (c) the complaint has been submitted via email without proper authentication (d) full contact information is missing. We will need you to re-submit your claim, using the proper format, including sufficient details, via postal mail or fax. Instructions on how to do so follow.
It is our policy to respond to clear notices of alleged copyright infringement. This response describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.
To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
Regardless of whether we may be liable for such infringement under local country law or United States law, we may respond to these notices by removing or disabling access to material claimed to infringe and/or terminating users of our services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that the owner or administrator may make a counter notification.
We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.
In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)]
If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]
If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]