LEGAL

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.

Offensive Content

You may not publish or transmit via ServerGenie’s service any content that ServerGenie reasonably believes:

  • constitutes child pornography;
  • is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • is defamatory or violates a person’s privacy;
  • creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
  • improperly exposes trade secrets or other confidential or proprietary information of another person;
  • is intended to assist others in defeating technical copyright protections;
  • clearly infringes on another person’s trade or service mark, patent, or other property right;
  • promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to ServerGenie; or
  • is otherwise malicious, fraudulent, or may result in retaliation against ServerGenie by offended viewers.

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.

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Commercial E-Mail

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:

  • Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
  • Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
  • You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and ServerGenie’s requests to produce consent evidence within 72 hours of receipt of the request.
  • The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us abuse [ a t ] servergenie.com.
  • You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
  • You must post abuse [ a t ] servergenie.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
  • You must have a Privacy Policy posted for each domain associated with the mailing;
  • You have the means to track anonymous complaints;
  • You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and
  • You otherwise comply with the CAN SPAM Act and other applicable law.

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.

Unsolicited E-Mail

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.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

  • you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
  • you are otherwise permitted by established United States copyright law to copy the work in that manner.
  • ServerGenie will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

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
ZipServers, Inc.
401 N. Hudson
Oklahoma City, OK 73102
Telephone No.: 405-815-9997
Facsimile No.: 405-815-9987
E-mail address: jisrael@issylaw.com


Your notice must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ServerGenie to locate the material;
  • Information reasonably sufficient to permit ServerGenie to contact you, such as an address, mobile number, and, if available, an e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

How to Make a Counter Notification

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.

Misrepresentations:

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.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the ServerGenie network.

Disclaimer

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.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

  • 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 (including those belonging to ServerGenie and its customers) without express authorization of the owner of the system or network;
  • monitoring data or traffic on any network or system without the 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;
  • Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
  • Any conduct that is likely to result in retaliation against the ServerGenie's network.
  • Use of ServerGenie's network in a way that unreasonably interferes with ServerGenie's other customers use of the network

Newsgroup, Chat Forums, Other Networks

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.

IRC (Internet Relay Chat)

  • ServerGenie is not liable for the content of any communications made on IRC.
  • IRC robots ("bots" or "clones") or IRC sessions may not be run from ServerGenie's server accounts.
  • Customers may not attempt to impersonate others or use IRC anonymously by disguising their hostname or username.
  • Customers are prohibited from using IRC scripts or programs that interfere with or deny service to other users on any server or host. Customers are also prohibited from engaging in activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to fill the screens of others), "flashing" (disrupting terminal emulation), "takeovers" (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via "ignore"), attempting to return to a channel after being banned from it, and other disruptive behaviours.
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