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Terms of Service
Revision date: 11/01/2008
All services provided by Response Media ("Response Media")
may be used for lawful purposes only. Transmission, storage or presentation
of any information, data or material in violation of any United States
federal, state or city law is prohibited. This includes, but is not
limited
to: copyrighted material, material we judge to be threatening or obscene,
or material protected by trade secret and other statute. The user /
subscriber
agrees to indemnify and hold harmless Response Media from any claims
resulting from the use of service which damages the user / subscriber
or any other party.
Prohibited are sites that promote any illegal activity or present content
that may be damaging to Response Media' servers, or any other server on
the Internet. Links to such materials are also prohibited.
General Usage
This site is intended for the purpose of promoting and delivering services
offered by Response Media. It is intended for use by adults (18 years
or older). We do not wish to collect information from minors. You must
be an adult to enter information on ResponseMedia.com. Failure to meet
this requirement is a violation of our terms.
Examples of unacceptable content or links:
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of Response Media
is strictly prohibited. As our customer you are responsible for all your
accounts. Should you violate the Terms of Services outlined within, your
account will be cancelled without chance of refund.
All sub-networks, distributive hosting sites and dedicated servers of
Response Media must adhere to the above policies, with the exception of
system resources in respect to dedicated servers.
Service Fees
Certain services carry a setup fee charged by Response Media to
client, which must be paid by client in order to have use of said services.
If client terminates this agreement, client shall be responsible for
any
and all outstanding fees owed to Response Media and agrees to pay
any and all fees incurred by client.
Money back guarantee & refund policy
We do not generally refund cancelled contracts.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
Limitation of Liability
Response Media shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from Response Media
' servers going off-line or being unavailable for any reason whatsoever.
Furthermore, Response Media shall not be responsible for any claimed damages,
including incidental or consequential damages, resulting from the corruption
or deletion of any web site from one of Response Media ' servers. All
damages shall be limited to the immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be referred to postmaster@responsemedia.com.
All complaints will be investigated promptly. Failure to follow any term
or condition will be grounds for immediate account deactivation.
Disclaimer
Response Media cannot be held liable for system down time, crashes or
data loss. Specific services may be governed by exclusive and specific
contracts agreed to by Response Media and it's clients
Account Activation
By activating your account with Response Media, you agree to the above
policies and disclaimer. Upon requesting activation of an account, you
are required to accept these policies, guidelines and disclaimer, and
a copy of your acceptance is forwarded along with your activation request
to be maintained with your account information.
Server Uptime Guarantee
Although Response Media has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.
Response Media reserves the right to amend any or all of the above policies,
guidelines and disclaimer without notification. We also retain the right
to increase any pricing and make changes to our account plans without
notification.
Privacy
Revision date: 11/01/2008
Response Media has created this privacy statement in order to demonstrate
our firm commitment to privacy. The following discloses the information
gathering and dissemination practices for this Web site http://www.responsemedia.com/privacy.aspx.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and
to administer our Web site. See http://www.responsemedia.com/privacy.aspx
for further details.
Third Parties
Information collected on this site is strictly for our use. In some
cases where Response Media is licensing software or application services
information is stored in our accounts within these networks for the sole
purpose of providing these services.
Contacting the Web Site
If you have any questions about this privacy statement, the practices
of this site, or your dealings with this Web site, you can contact:
privacymatters@responsemedia.com
Acceptable Use Policy
Revision date: 11/01/2008
As a provider of web site hosting and other Internet-related services,
Response Media offers its customer (also known as clients, subscribers and users)
and their customers and users the means to acquire and disseminate a
wealth
of public, private, commercial and non-commercial information. Response
Media respects that the Internet provides a forum for free and open discussion
and dissemination of information. However, when there are competing interests
at issue, Response Media reserves the right to take certain preventive
or corrective actions.
One important aspect of the Internet is that no
one party owns or controls it. This fact accounts for much of the Internet's
openness and value,
but it also places a high premium on the judgment and responsibility
of those who use it, both in the information they acquire and in the
information
they disseminate to others. When subscribers obtain information through
the Internet, they must keep in mind that Response Media cannot monitor,
verify, warrant or vouch for the accuracy and quality of the information
they acquire. For this reason, the subscriber must exercise his or her
best judgment in relying on information obtained from the Internet, and
also should be aware that some material posted to the Internet may be
sexually explicit or otherwise offensive. Because Response Media cannot
monitor or censor the Internet, and will not attempt to do so, Response
Media
cannot accept any responsibility for injury to its subscribers resulting
from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must
keep in mind that Response Media does not review, edit, censor or take
responsibility for any information its subscribers may create. When users
place information on the Internet, they have the same liability as other
authors for copyright infringement, defamation and other harmful speech.
Also, because the information created is carried over Response Media'
network and may reach a large number of people, including both subscribers
and non-subscribers of Response Media, subscribers' postings to the Internet
may affect other subscribers and may affect Response Media' goodwill,
business, reputation or operations. For these reasons, subscribers violate
Response Media policy and the Service Agreement when they, their customers,
affiliates or subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet.
Response Media only communicates with those that we believe have requested
communication by signing up for it. If you believe that you are receiving
unsolicited email communication from Response Media, please let us know
immediately by emailing our privacy team - PrivacyMatters@responsemedia.com.
Using this site or our mail servers or domain names for sending UCE is
strictly
prohibited.
Furthermore
Response Media reserves the right to prosecute for this violation and
resultant damages. Fines of up to $1000 per incident may be assessed
for violations.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, Response Media
does not allow any streaming of audio or video content. Offending accounts
will be suspended without noticed or terminated.
Adult-Oriented Content:
Response Media does not allow adult content and will suspend/terminate
any offending account.
Storage Policy:
ResponseMedia.com is not for file hosting and distribution - as such,
customers may not use this site to host any files or serve files hosted
here remotely.
Obscene Speech or Materials:
Using Response Media' network to advertise, transmit, store, post, display,
or otherwise make available child pornography or obscene speech or material
is prohibited. Response Media is required by law to notify law enforcement
agencies when it becomes aware of the presence of child pornography on
or being transmitted through its network.
Defamatory or Abusive Language:
Using Response Media' network as a means to transmit or post negative,
defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole
or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or
networks belonging to another party, or attempting to penetrate security
measures of another individual's system (often known as "hacking").
Also, any activity that may be used as a precursor to an attempted system
penetration (i.e., port scan, stealth scan or other information-gathering
activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other
Destructive Activities:
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.
Facilitation a Violation of this AUP:
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.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points
outside the United States.
Usenet Groups:
Response Media reserves the right not to accept postings from newsgroups
where we have actual knowledge that the content of the newsgroup violates
these terms.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but
not limited to, advertising, transmitting or otherwise making available
ponzi schemes, pyramid schemes, fraudulently charging credit cards and
pirating software.
Other Activities:
Engaging in activities, whether lawful or unlawful, that Response Media
determines to be harmful to its subscribers, operations, reputation, goodwill
or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities
just described rests primarily with the subscriber. Response Media will
not, as an ordinary practice, monitor the communications of its subscribers
to ensure that the comply with Response Media' policy or applicable law.
However, when Response Media becomes aware of harmful activities, it may
take any action to stop the harmful activity, including, but not limited
to, removal of information, shutting down a web site, implementing screening
software designed to block offending transmissions, denying access to
the Internet, or any other action deemed appropriate by Response Media.
Use of Media Content
This content is intended for use and viewing on responsemedia.com exclusively.
Users may view content on their computers, print or download. If content is
shared and / or download all content and graphics must be preserved as responsemedia.com
is owned and copyrighted by Response Media. Code and content used for ResponseMedia.com
may not be re-used or engineered for other purposes. Posting, serving or re-purposing
this content in any other form or fashion / or location
is strictly prohibited.
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