This AUP governs the use of ServerGenie’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and ServerGenie regarding the interpretation of this AUP, ServerGenie’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact mgmt [ a t ] servergenie.com. As well, ServerGenie, and it's parent company, ZipServers, Inc reserves the right to refuse service within our reasonable commercial judgement. If you have any questions regarding this policy - we urge you to contact our management at mgmt [ a t ] servergenie.com.
You may not publish or transmit via ServerGenie’s service any content that ServerGenie reasonably believes:
Content “published or transmitted” via ServerGenie’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by ServerGenie.
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
You must obtain ServerGenie's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to ServerGenie’s reasonable satisfaction:
These policies apply to messages sent using your ServerGenie service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your ServerGenie service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
ServerGenie may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.
You must comply with the rules of any other network you access or participate in using your ServerGenie's services.
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
If you believe your copyright is being infringed by a person using the ServerGenie network, please send your written notice of copyright infringement to:
Jay G. Israel. - Designated Agent for DMCA Notices
401 N. Hudson
Oklahoma City, OK 73102
Telephone No.: 405-815-9997
Facsimile No.: 405-815-9987
E-mail address: email@example.com
If you are a ServerGenie client, i.e., subscriber, and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter notification. 17 U.S.C. Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent (listed above) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
* A physical or electronic signature of the subscriber.
* Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
* A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
* The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
ServerGenie is not required to respond to counter notifications that do not meet the requirements above.
Our designated agent will present your counter notification to the Complaining Party. Once your counter notification has been delivered, ServerGenie is allowed under the provisions of 17 U.S.C. Section 512 to restore the removed material in no less than 10, nor more than 14, business days, unless the Complaining Party notifies us that it has filed an action seeking a court order to restrain you, the subscriber, from engaging in infringing activity related to the material on ServerGenie’s system or network.
Any person who knowingly materially misrepresents under this section:
1. that material or activity is infringing, or
2. that material or activity was removed or disabled by mistake or misidentification
shall be liable for any damages, including costs and attorney's fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by ServerGenie, who is injured by such misrepresentation, as the result of ServerGenie relaying upon such misrepresentations in removing or ceasing to disable access to it.
You must have valid and current information on file with your domain name registrar for any domain hosted on the ServerGenie network.
ServerGenie is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the ServerGenie network.
You may not engage in illegal, abusive, or irresponsible behavior, including:
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.