Terms of Use

All users of Adventure Hosting's services, and all customers upon signing up for Adventure Hosting's services, agree to comply with Adventure Hosting's Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using Adventure Hosting's services with due regard to the rights of other Internet users and in conformity with the requirements of Adventure Hosting's network environment. The TOU are not exhaustive and Adventure Hosting reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.adventurehosting.net or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent our Support Department. The TOU supersedes any other agreement with Adventure Hosting, whether written, oral, by conduct, or otherwise.

The following Terms of Use apply to ALL Adventure Hosting, Inc. customers:

Illegal Use
Adventure Hosting, Inc. servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Adventure Hosting, Inc. services, all Adventure Hosting, Inc. customers certify that they and/or the organization they represent in procuring services from Adventure Hosting, Inc. are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Adventure Hosting, Inc.'s customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Adventure Hosting, Inc. server, and selling or distributing software (on a web site residing on a Adventure Hosting, Inc. server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. Adventure Hosting, Inc. reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Viruses and Other Destructive Activities
Use of Adventure Hosting, Inc.'s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Adventure Hosting, Inc.'s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Adventure Hosting, Inc. customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by an Adventure Hosting, Inc. customer (per the DMCA) to Adventure Hosting, Inc. must follow the below procedures. Copyright infringement notifications submitted to Adventure Hosting, Inc. according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Adventure Hosting, Inc.'s sole discretion.

DMCA Copyright Infringement Notification Requirements:

Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
Identification of the copyrighted work(s) claimed to have been infringed.
Identification of the material claimed to infringe the copyright(s), and enough information for Adventure Hosting, Inc. to locate it including URLs and specific descriptions of the infringing material at each URL.
The Claimant's name, address, and telephone number(s).
A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
Mail the notification to:
Adventure Hosting, Inc.
2963 NW 99th Pl.
Miami, FL 33172-1072

Child Pornography
The use of Adventure Hosting, Inc.'s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Adventure Hosting, Inc. is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Payment
All payments are subject to Adventure Hosting, Inc.'s Billing Policy. By supplying your credit card for the payment of Adventure Hosting, Inc. charges, you authorize Adventure Hosting, Inc. to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Adventure Hosting, Inc.'s Billing Policy.

Privacy
Adventure Hosting, Inc. is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Adventure Hosting, Inc. urges its customers to assume that all of their on-line communications are insecure. Adventure Hosting, Inc. cannot take any responsibility for the security of information transmitted over Adventure Hosting, Inc.'s facilities. Additional details on privacy and Adventure Hosting, Inc.'s use of customer information can be found in Adventure Hosting, Inc.'s Privacy Statement located at http://www.adventurehosting.net.

Customer Responsibility
Customers are required to use the Adventure Hosting, Inc. network responsibly. This includes respecting the other customers of Adventure Hosting, Inc.. Adventure Hosting, Inc. reserves the right to suspend and/or cancel service with any customer who uses the Adventure Hosting, Inc. network in such a way that adversely affects other Adventure Hosting, Inc. customers. While Adventure Hosting, Inc. may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Adventure Hosting, Inc. does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Adventure Hosting, Inc. becomes aware of any violation of the TOU or other user agreements, Adventure Hosting, Inc. may take any action to stop or correct such violation, including, but not limited to, denying access to Adventure Hosting, Inc.'s services and equipment or to the Internet. In addition, Adventure Hosting, Inc. may take action against a customer or a customer of such customer because of the activities of such customer. Adventure Hosting, Inc. anticipates that customers who offer Internet services will cooperate with Adventure Hosting, Inc. in any corrective or preventive action that Adventure Hosting, Inc. deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Adventure Hosting, Inc. policy and Adventure Hosting, Inc. reserves the right to take any such action even though such action may affect other customers of the Adventure Hosting, Inc. customer.

Actions Taken by Adventure Hosting, Inc.
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Adventure Hosting, Inc. will be the sole arbiter as to what constitutes a violation of the TOU. Adventure Hosting, Inc. reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Adventure Hosting, Inc. becomes aware of an alleged violation of its TOU, Adventure Hosting, Inc. will initiate an investigation. During the investigation, Adventure Hosting, Inc. may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Adventure Hosting, Inc. may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Adventure Hosting, Inc. will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Adventure Hosting, Inc. does not issue credits for outages incurred through service disablement resulting from TOU violations. Adventure Hosting, Inc. customers agree to indemnify and hold harmless Adventure Hosting, Inc. from any claims resulting from the use of our services that damages them or any other party. The Adventure Hosting, Inc. service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Adventure Hosting, Inc. expressly disclaims any representation or warranty that the Adventure Hosting, Inc. service will be error-free, secure or uninterrupted. No oral advice or written information given by Adventure Hosting, Inc., its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Adventure Hosting, Inc. and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Adventure Hosting, Inc.

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