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Acceptable Use Policy (AUP)
This Maverick Publishing’s Acceptable Use Policy ("AUP") describes the
proper kinds of conduct and prohibited uses of Maverick Publishing Hosting
Services (the "Services"). This AUP is not exhaustive and Maverick
Publishing reserves the right to modify this AUP at any time, effective upon
posting of the modified AUP at
www.maverickpublishing.net.
By registering for and using the Services, and thereby accepting the terms
and conditions of this AUP, you agree to abide by these conditions as
modified from time to time. Any violation of the AUP may result in the
suspension or termination of your account or such other action, as Maverick
Publishing deems appropriate.
Server Abuse
Any attempt to undermine or cause harm to a server, or
customer, of Maverick Publishing is strictly prohibited.
Unauthorized use of other people's accounts or computers
Maverick Publishing will strongly react to any use or attempted use of an
Internet account or computer without the owner's authorization. Such
attempts include "Internet scamming" (tricking other people into releasing
their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a Maverick
Publishing customer, whether or not the attacked account or computer belongs
to Maverick Publishing, will result in action against the attacker. Possible
actions include warnings, account suspension or cancellation, and civil or
criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE
- Maverick Publishing has the right to discontinue service, or deny access
to anyone who violates our Policies or the terms and conditions shown below
WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if
account termination is due to violation of the terms outlined below.
Customers may not run IRC, bots or clients on shared servers.
Unacceptable uses also include, but are NOT limited to: Bulk emailing,
unsolicited e-mailings, newsgroup spamming, pornographic content, illegal
content, copyright infringement, trademark infringement, warez, cracks,
software serial numbers, and/or anything else determined by Maverick
Publishing to be unacceptable use of Maverick Publishing services including
abuse of server resources.
All hosting accounts may be terminated that include the
following content or which have links to the following content:
-
Providing material that is grossly offensive to the Web community
including blatant expressions of bigotry, racism or hatred.
-
Promoting or providing instructional information about illegal activities,
or promoting physical harm or injury against any group or individual.
-
Displaying material that exploits children under 18 years of age.
- Acts
of copyright infringement including offering pirated computer programs or
links to such programs, information used to circumvent
manufacturer-installed copy-protect devices, including serial or
registration numbers for software programs, or any type of cracker
utilities.
-
Exporting encryption software over the Internet or otherwise, to points
outside the United States.
-
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.
-
Advertising, transmitting, or otherwise making available any software,
program, product, or service that is designed to violate this AUP, which
includes the facilitation of the means to spam, initiation of pinging,
flooding, mail bombing, denial of service attacks, and piracy of software.
Any account that is deactivated by the abuse team will be charged the
following reactivation fees:
1st offense - $25.00
2nd offense - $100.00
3rd offense - $500.00 + Account termination.
This fee will only be waived if it is determined by the abuse team that
the account was disabled without cause.
Abuse of Unlimited Traffic
Maverick Publishing customers are privileged to be offered unlimited traffic
for their web sites. The intention of Maverick Publishing is to provide a
large space to serve web documents, not an off site storage area for
electronic files. All (90%) of your web pages (html) must be 'linked' with
files (.GIF, .JPEG, etc.) stored on Maverick Publishing server. Web sites
that are found to contain either/or no html documents, a large number of
unlinked files are subject to warning, suspension or cancellation at the
discretion of Maverick Publishing management. Any customer who violates
Maverick Publishing Policies in abusing either space/site transfer will be
notified and given 2 days to remedy the problem. If the problem is not
resolved within the allotted period, the client will be billed for the
overages.
To maintain the integrity of our shared hosting service the following
limitations apply:
Sites with banners, graphics or cgi scripts running from their domain used
on other domains. Sites with picture galleries (This is any site where 50%
of the files transferred is graphics) Sites offering download files or
archives. (This is any site where 50% or more of there monthly traffic is
from file downloads). Sites using more than 30% of system resources for
longer than 60 seconds. Sites running multimedia files (QuickTime, Real
Audio, Real Video, MP3).
For those that do not qualify for the unlimited service, traffic will go
unmonitored until you reach 20 GB per month. Thereafter, normal data
transfer cost of $10.00/1GB/month will be billed to your account. If you
want to pre-pay for bandwidth overages, you will be billed $5.00/1GB/month.
You will receive a notice on Tuesday morning detailing your bandwidth usage.
You will have 7 days to visit
http://www.maverickpublishing.net/
to pay for your overages. If you do not pay for your overages your site will
be disabled within 7 days of your first notice. This does not apply to
colocation clients. Colocation clients will be billed for the overages based
on switch reports. Colocation clients must pay for the overages IMMEDIATELY
once billing or Maverick Publishing has the sole decision to deactivate any
and all servers.
Maverick Publishing will be the sole arbiter as to what constitutes a
violation of this provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and
will likely result in account cancellation.
Maverick Publishing takes a zero-tolerance approach to spam originating from
our servers or for spam advertising of domains hosted on our servers.
The following activities are not allowed:
-
Unsolicited bulk or commercial messages ("spam"). This includes, but is
not limited to, bulk mailing of commercial advertising, informational
announcements, charity requests, petitions for signatures, and political
or religious tracts. Such messages may only be sent to those who have
explicitly requested it from your domain.
-
Forging,
altering or removing electronic mail headers is prohibited. Any domain
sending stealth spam will be terminated without warning and without
refund.
-
Sending
numerous copies of the same or substantially similar message with the
intent to disrupt a server or account ("mail bombing").
-
Spamming
Newsgroups: Commercial advertisements are unwelcome in most Usenet
discussion groups and on most e-mail mailing lists. Inappropriate posting
may result in account cancellation. See the newsgroup or mailing list's
charter for whether advertising is allowed or not. "Spamming," or sending
a message to many different off-topic newsgroups, is particularly
unethical and will be treated as such.
-
Mail may
not be used to harass or intimidate others. Harassment, whether through
language, frequency of messages, or size of messages, is prohibited.
Sending a single unwelcome message may be considered harassment. If a
recipient asks to stop receiving e-mail, you must not send that person any
further messages.
-
Providing
spamware (software used to send bulk email or software used to harvest
email addresses) or links to sites providing spamware is strictly
prohibited and subject to demand for removal or account cancellation.
Note: If you use the services of another
provider (including but not limited to the use of address lists obtained
from a third party vendor or provider) to promote a web site hosted by or
through Maverick Publishing (spamvertising), then the provisions of the
above Policy shall apply as if the spam were sent through our servers.
Penalty: Depending on the severity of your SPAMMING, Maverick Publishing
reserves the right to charge you between $1.00 - $100.00 PER SPAM sent
through our network. Your web site content will also be confiscated and it
will be NEVER returned to you.
CGI Scripts
(This section does not apply to managed dedicated or colocation servers.)
Each shared Unix web hosting account comes with its own cgi-bin, in which
you are free to use any* CGI scripts you wish. All CGI scripts (Perl scripts
with a .pl or .cgi extension) intended for use on shared Windows 2000 web
hosting accounts are subject to approval by our NT Administrators.
*See the Server Resource Abuse section.
Server Resource Abuse
(This section does not apply to managed dedicated or colocation servers.)
Shared server accounts are limited in use of the amount of server resources.
Shared server resource abuse includes any process or service usage that
affects normal shared server operation, resources or connectivity, and which
causes a server to become overloaded. Shared server resources include CPU
and memory usage, number of concurrent processes, number of concurrent port
or database connections and total bandwidth. Possible causes of server
resource abuse include, but are not limited to, the use of: CGI, Perl,
Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If
server resource abuse is detected, possible actions include, but are not
limited to: disabling of the offending script or scripts, disabling of the
specific service, disabling of the entire account or account cancellation.
If server overload is a result of server resource abuse, these actions will
be taken without prior notice or warning.
Child Pornography
Our policy on child pornography is zero tolerance. Maverick Publishing 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
Maverick Publishing 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 or any written material or visual representation that
advocates or counsels sexual activity with a person under the age of
eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs
Agency at 1-800-BEALERT
Chat Rooms
We do not allow clients to install their own chat rooms within a shared
hosting account, without approving it with the Maverick Publishing Support
Team. Most chat rooms tend to be large system hogs and we cannot allow it as
an account option. However, we do provide a choice of Java chat rooms for a
small extra charge that will more than fill your needs and run without
hindering the performance of the machine for others. Note: Parachat chat
rooms do not apply to this rule. They are perfectly fine to install.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of e-mail per day from
a shared hosting account. If you do send more than 2000 pieces of e-mail per
day, your account will be placed on hold for Network Abuse. If you are
sending legitimate e-mails and they total more than 2000 per day your
account will be moved to a special server that is specifically designed to
handle high volumes of e-mail. You will be charged $50.00/month in addition
to your regular hosting charges if your account is moved to this server.
Please contact noc@maverickpublishing.net to have your domain moved.
Background Running Programs
We may allow programs to run continually in the background. These are
considered on a one-to-one basis and an extra charge will be incurred based
on system resources used and operational maintenance needed. (this section
does not apply to managed dedicated servers)
IRC
We currently do not allow IRC IRC clients or IRC bots to be operated on any
of our servers. In addition, IRC servers are not permitted on our network.
Anyone found to be in violation of this policy risks immediate account
termination.
Excessive Use/Overages
You will not exceed the bandwidth, storage and E-mail usage limits outlined
by your particular web hosting package. If you use any bandwidth or storage
space in excess of the agreed upon number of megabytes per month or if you
exceed E-Mail storage and attachment size limitations, Maverick Publishing
may, in its sole discretion, assess you with additional charges. If Maverick
Publishing elects to take any corrective action, Maverick Publishing will
not refund any unused pre-paid fees. Your use of your account and access to
it is your responsibility. You are responsible for any unauthorized access
to your account resulting in bandwidth, storage and/or E-mail usage
exceeding the limits outlined in your particular web hosting package
specifications and resultant charges. Bandwidth overages are currently
billed at $20/GB/month. Disk space overages are currently billed at
$.25/MB/month. Email attachments overages are currently billed at $.10 per
email over 10MB.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged for all
new accounts and major account changes and are non-refundable. All pricing
is guaranteed for the term of pre-payment. Maverick Publishing reserves the
right to change prices at any time, unless other terms have been agreed
upon. Credit card accounts are subject to login deactivation upon the card
declining for charges within 48 hours of email notification. Any account not
brought current within a week (7 days) of e-mail notice or exceeding this
time frame in any way is subject to complete account deactivation. The
customer is responsible for all money owed on the account from the time it
was established to the time that the customer notifies Maverick Publishing
at www.maverickpublishing.net to request for termination of services. All
payment is in U.S. currency. Maverick Publishing will bill each client
$50.00 per returned check, per wire transfer received and per credit card chargeback received. All
Maverick Publishing accounts are setup on
anniversary billing cycles. Your particular billing cycle corresponds to the
contract length that was initially chosen at setup. Your account will
automatically renew at this length. There is no fee to change to a shorter
billing cycle at the end of the current cycle. However, if you wish to
change to a shorter billing cycle, during a current cycle, there will be a
$50.00 fee. Please contact the billing department should you wish to change
your anniversary billing cycle. Any account that is not brought current
prior to deactivation will be charged a $25.00 reactivation fee as well as a
$15.00 late charge, per domain deactivated. In addition, if your credit card
declines for any reason Maverick Publishing will charge your account an
additional $1.00 service charge every time your card is declined. Maverick
Publishing may impose a debt service charge equal to one and one-half
percent (1.5%) of the overdue balance (or such lesser amount as may be
required by law) for each month or fraction thereof the overdue amount
remains unpaid. All taxes, fees and governmental charges relating to the
Services provided hereunder (other than income taxes of Maverick Publishing)
shall be paid by Customer. Maverick Publishing accepts paper checks from
customers for payment of web hosting services and fees associated with your
account. However, there will be a $5.00/month processing fee for each
customer paying by check. Additionally, if you decide to switch your payment
method of billing cycle you will be charged a $10 processing fee for that
change.
Cancellation
Maverick Publishing reserves the right to cancel service at any time. All
fees paid in advance of cancellation will be pro-rated and paid by Maverick
Publishing if Maverick Publishing institutes its right of cancellation. Any
violation of policies which results in extra costs will be billed to the
customer (i.e. transfer, space etc.)
All of Maverick Publishing web hosting plans are backed by a 30 day money
back guarantee. If you are not completely satisfied with our services or
support within the first 30 days of your contract, you will be given a full
refund of the contract amount excluding setup fees, domain registration
fees, add-on/upgrade fees and overages. Setup fees are refundable only if
the account order is canceled prior to account activation. For web hosting
contracts, dedicated servers and colocation packages, the full contract
amount less any setup fees and overages will be refunded if Maverick
Publishing is notified within the first 30 days following activation. No
refund is available after the 30th day. This policy does not apply to any
additional services such as overages, referrer logs, real audio/video,
additional disk space, additional pop accounts, etc. Due to security
concerns, all account cancellations must be done following the steps
outlined at
http://www.maverickpublishing.net.
Cancellations via email requests will not constitute acceptance of any
cancellation. Refunds will be made by company check or issued back to your
credit card within 30 days of receipt of cancellation. To receive your
refund, you must terminate this Agreement in the manner described in above
and cease using the Services. You follow the cancellation steps outlined at
http://www.maverickpublishing.net
within the 30-day period. Cancellations are processed only from 9 a.m. - 6
p.m. CST on Monday-Friday. No cancellations are processed on holidays or
weekends.
Liability and Obligations on Cancellation
If the Agreement expires or is cancelled for any reason, Maverick Publishing
is not liable to you because of the expiration or cancellation for
compensation, reimbursement or damages on account of the loss of prospective
profits, anticipated sales, goodwill or on account of expenditures,
investments, leases or commitments in connection with your business, or for
any other reason whatsoever flowing from the termination or expiration. If
you terminate this Agreement, Maverick Publishing will not relieve you of
any obligations to pay fees and costs accrued before the termination date or
any other amounts you owe to Maverick Publishing under this Agreement.
IP Address Overlap
Maverick Publishing administers the network on which customer servers
reside. The customer cannot use IP addresses which were not assigned to them
by Maverick Publishing staff. Any server found using IPs which were not
officially assigned will be suspended from network access until such time as
the IP addresses overlap can be corrected.
Material and Product Requirements
You must ensure that all material and data placed on Maverick Publishing
equipment is in a condition that is "server-ready," which is in a form
requiring no additional manipulation by Maverick Publishing. Maverick
Publishing will make no effort to validate any of this information for
content, correctness or usability. If your material is not "server-ready",
Maverick Publishing may reject this material. Maverick Publishing will
notify you of its refusal of the material and afford you the opportunity to
modify the material to satisfy Maverick Publishing requirements. Use of the
Services requires a certain level of knowledge in the use of Internet
languages, protocols and software. This level of knowledge varies depending
on the anticipated use and desired content of your Web site. You must have
the necessary knowledge to create and maintain a Web site. Maverick
Publishing does not provide this knowledge or customer support outside of
the Services.
Intellectual Property Rights
Material accessible to you through Maverick Publishing services may be
subject to protection under the United States or other copyright laws, or
laws protecting trademarks, trade secrets or proprietary information. Except
when expressly permitted by the owner of such rights, you must not use
Maverick Publishing or its servers and network in a manner that would
infringe, violate, dilute or misappropriate any such rights, with respect to
any material, which you access or receive through the Maverick Publishing
network. If you use a domain name in connection with Maverick Publishing or
similar service, you must not use that domain name in violation of any
trademark, service mark, or similar rights of any third party.
Network Security
Customers may not use the Maverick Publishing network with an 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 the
customer, logging into a server or account the customer is not expressly
authorized to access, password cracking, probing the security of other
networks in search of weakness, or violation of any other organization's
security policy. Customers may not attempt to interfere or deny service to
any user, host, or network. This includes, but is not limited to, flooding,
mail bombing, or other deliberate attempts to overload or crash a host or
network. Maverick Publishing 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. Users who violate system or network security
may incur criminal or civil liability. You are solely responsible for any
security breaches affecting servers or accounts under your control. If your
server or website is responsible for or involved in an attack on or
unauthorized access into another server or system, Maverick Publishing will
shut it down immediately. You will pay any charges resulting from the cost
to correct security breaches affecting Maverick Publishing or any of its
other customers.
Electronic Commerce
You will be solely responsible for the development, operation and
maintenance of your online store and products and all contents and materials
appearing online or on your products, including without limitation (a) the
accuracy and appropriateness of content and materials appearing within the
store or related to your products, (b) ensuring that the content and
materials appearing within the store or related to your products do not
violate or infringe upon the rights of any third party, and (c) ensuring
that the content and materials appearing within the store or related to your
products are not libelous or otherwise illegal. You will be solely
responsible for the final calculation and application of shipping and sales
tax. You will also be solely responsible for accepting, processing, and
filling any customer orders, and for handling any customer inquiries or
complaints arising there from.
You are also responsible for the security of any customer credit card
numbers and related customer information you may access as a result of
conducting electronic commerce transactions through your Web Site. You will
keep all such information confidential and will use the same degree of care
and security as you use with your confidential information.
Static / Dynamic Content Caching
You expressly (i) grant to Maverick Publishing a license to cache the
entirety of your Web Site, including content supplied by third parties,
hosted by Maverick Publishing under this Agreement and (ii) agree that such
caching is not an infringement of any of your intellectual property rights
or any third party's intellectual property rights.
IP Address Ownership
Maverick Publishing shall maintain and control ownership of all IP numbers
and addresses that may be assigned to you by Maverick Publishing and
Maverick Publishing reserves, in its sole discretion, the right to change or
remove any and all such IP numbers and addresses.
Domain Name Registration
Customer agrees to pay Maverick Publishing prior to the effectiveness of the
desired domain name registration, the then-current amounts set forth in the
Maverick Publishing price schedule for the initial registration of the
domain name and, should Customer choose to renew the registration,
subsequent renewals of the registration. All fees are non-refundable, in
whole or in part, even if Customer's domain name registration is suspended,
cancelled or transferred prior to the end of Customer's then current
registration term. Maverick Publishing reserves the right to change fees,
surcharges, renewal fees or to institute new fees at any time, for any
reason, at its sole discretion. Customer's requested domain name will not be
registered unless and until we receive actual payment of the registration
fee, and have confirmed Customer's registration in an email from Maverick
Publishing to the email address indicated in Customer's registration
application. In the event of a charge-back by a credit card company (or
similar action by another payment provider allowed by Maverick Publishing)
in connection with the payments of the registration fee for Customer's
domain name registration, Customer agrees and acknowledges that the domain
name registration shall be transferred to Maverick Publishing as the paying
entity for that registration to the registry and that we reserve all rights
regarding such domain name including, without limitation, the right to make
the domain name available to other parties for purchase. Maverick Publishing
will reinstate Customer's domain name registration solely at Maverick
Publishing discretion, and subject to our receipt of the initial
registration or renewal fee and our then-current reinstatement fee.
Dedicated Server 24 Hour Setup Guarantee
(a) Coverage
Maverick Publishing 24 Hour Setup Guarantee will only apply to those
standard, pre-configured Dedicated Servers. This guarantee does not apply to
non-standard configurations, such as changing RAID levels, load balancing,
clustering, advanced solutions and other add-on features. Custom,
made-to-order Dedicated Servers do not apply to this offer. 24 Hour Setup
Guarantee does not apply to orders received on the Weekends or Holidays.
This offer applies only to the primary server, if the customer is electing
the 2 For 1 server offer. The secondary, or free server, will be setup
within 30 days from the day the primary server is placed online.
(b) Guarantee
For those Covered Servers described in (a) above, Maverick Publishing will
Provision such servers within 24 hours of receiving a customer order, once
such customer order has been confirmed and any necessary credit checks have
been performed. 24 Hour Setup will mean that, for those customer orders for
Covered Servers received and confirmed (including any necessary credit
checks) by 6:00 p.m. United States Central Time during a Weekday, the
Covered Server will be Provisioned by 12:00 a.m. (midnight) United States
Central Time the following Day. Weekday will mean Monday through Friday,
excluding the following holidays: New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day.
Provision will mean that Maverick Publishing has generated an E-mail to the
customer with the proper information to enable the customer to send and
receive information from and to the Covered Server.
(c) Credit
If Maverick Publishing is unable to meet the 24 Hour Guarantee as described
in section titled "Dedicated Server 24 Hour Setup Guarantee",
Maverick Publishing will issue a credit or refund of One Hundred Dollars ($100.00) of
the Set-up fee described for the Covered Server. Such credit may be applied
to future months service fees in Maverick Publishing discretion.
(d) Restrictions
Credits will not be provided to you in the event that you do not have your
Covered Server Provisioned by the Next Weekday resulting from (i) your
behavior or the performance or failure of your equipment, facilities or
applications, or (ii) circumstances beyond Maverick Publishing reasonable
control, including, without limitation, acts of any governmental body, war,
insurrection, sabotage, embargo, fire, flood, strike or other labor
disturbance, interruption of or delay in transportation, unavailability of
interruption or delay in telecommunications or third party services
(including DNS propagation), failure of third party software or hardware or
inability to obtain raw materials, supplies, or power used in or equipment
needed for provision of your Web site.
Copyright Infringement
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all
notifications of claimed copyright infringement on the Maverick Publishing
system or Web site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING Maverick
Publishing THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT
ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES.
THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY
US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS
INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO
BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS
FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.)
TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT
CONTACT.
Written notification must be submitted to the following Designated Agent:
Maverick Publishing& Distribution
Legal Department
151 W Broadway
Jim Thorpe, PA 18229
Fax: 570-325-3247
copyright@maverickpublishing.net
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification
of Claimed Infringement must include the following:
1. Physical or electronic signature of a person authorized to act on behalf
of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed or
a representative list if multiple works are involved.
3. Identification of the material that is claimed to be infringing that
should be removed or access to disabled and information reasonably
sufficient to enable the online service provider to locate the material
(usually a URL to the relevant page).
4. Information reasonably sufficient to allow the online service provider to
contact the complaining party (address, phone number, e-mail address).
5. Statement that the complaining party has "a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent or the law."
6. Statement that the information in the notice is accurate, and under
penalty of perjury, that the complaining party is authorized to act on
behalf of the copyright owner.
Lawful Purpose
Maverick Publishing reserves the right to refuse service to anyone.
Customers may only use Maverick Publishing server for lawful purpose.
Transmission of any material in violation of any Federal, State or Local
regulation is prohibited. This includes, but is not limited to copyrighted
material, material legally judged to be threatening or obscene, and material
protected by trade secrets. The designation of any materials as such
described above is left entirely to the discretion of Maverick Publishing
management. Regardless of the place of signing this agreement, the client
agrees that for purposes of venue and jurisdiction this contract was entered
into and performed in Carbon County, Pennsylvania, and any dispute will be
litigated or arbitrated in Carbon County, Pennsylvania. Customer further
waives all objections to venue or jurisdiction and acknowledges that venue
and jurisdiction in any such litigation will be held in Carbon County
Courts. IN NO EVENT SHALL Maverick Publishing MAXIMUM LIABILITY EXCEED FIVE
HUNDRED ($500.00) DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD
Maverick Publishing HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND
CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Maverick
Publishing, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY
ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE
PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR
ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Maverick
Publishing AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR
PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION
WITH Maverick Publishing SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER
INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD
PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO
CUSTOMER FROM Maverick Publishing SERVER.
Disclaimer
Maverick Publishing WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS
MAY SUFFER. Maverick Publishing MAKES NO WARRANTIES OF ANY KIND, EXPRESSED
OR IMPLIED FOR SERVICES WE PROVIDE. Maverick Publishing DISCLAIMS ANY
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