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Katz
Global Media's Terms of Service
Terms
of Service Agreement (last updated 4-14-2003)
by
subscribing to, purchasing and/or using any of our services, you
are agreeing that you have read, understand and are in compliance
with our terms of service agreement as show below.
THIS
AGREEMENT is made by and between Katz Global Media, an Arizona
business, of POB 35267, Tucson, Arizona 85740 (hereinafter "Katz
or Katz Global Media") and Any Client (hereinafter "Client")(each
a "Party", collectively the "Parties")
TITLE
OF AGREEMENT
This
agreement shall be referred to as the Terms of Service Agreement
("Agreement")
NOW
THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the
mutual covenants and agreements herein contained and subject to
the term and conditions hereafter set out, the parties agree to
the following:
This
Services Agreement contains the complete terms and conditions
which govern your subscription of Hosting and/or Domain Registration.
By clicking on the "Submit" button, you acknowledge
that you have read the Services Agreement, and you agree to its
terms of service.
This
following applies only to anonymous hosting and anonymous domain
name clients:
"(We never ask for any of your personal information, therefore
we can never give it out.) Disclose at your own risk."
GENERAL
TERMS
Domains
you purchase through Katz Global Media's Domain Trust are registered
and owned by Katz Global Media. You will be issued a customer
ID# and that is the key that controls your account. Under this
agreement you are granted all the rights of domain management
as if you were the registering party. We act as a trust. This
means that we administer your domains for you as a sub contracted
3rd party. You may buy, sell and manage your domains. You may
also redirect your domains to any server and specify DNS for your
domains.
If
you ever wish to cancel our anonymous service for your domain(s),
we will transfer ownership of the domain to you upon your request
as long as your account payment status is up to date.
If
you neglect to pay for services we reserve the right to cancel
this agreement and repossess the rights granted to you over the
domain(s) in question.
We
reserve the right to terminate your hosting account without notice
for any violation of our agreement or any apparent or implied
violation of the law.
APPROPRIATE
USE OF OUR SERVICES
The
following is not permitted:
Content or data connections that violate any state, federal or
foreign laws or regulations
Content that infringes on any intellectual property rights
(e.g., copyright, trademark, patent or other proprietary rights)
of Katz Global Media or any third party
Content that is defamatory, slanderous or trade libelous
Content, transmissions and data connections that are threatening
or harassing
Content that is discriminatory based on gender, race, age
or promotes hate
Placing of trojans, virii, viruses, backdoors or any malicious
code used to cause damage to Katz Global Media or any other third
party weather intentional or unintentional
Sites related to hacking or instructions for hacking or distributing
passwords, warez and similar software, code, or keygenerators.
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NOTE: Goldgame sites are allowed but have certain conditions
that must be met due to past fraud issues from sites like these.
1.
If your site sounds too good to be true, it probably is
and we won't host it.
2. You must pay for 1 year hosting in advance for each site.
3. If we find your site is committing fraud we will cancel your
account without notice and without a refund.
4. If people tell us your site is a fraud but they have no proof
we will not cancel your account.
5.
If they provide proof, we will cancel your account.
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SERVER
UTILIZATION
Clients
may occupy only the amount of disk space on Katz Global Media's
Servers and utilize no more than the network bandwidth which is
allotted by Katz Global Media. Account upgrades are available.
Client
may be charged for over-utilization of either disk space or network
bandwidth.
Client shall not use the Services for chain letters, junk mail,
spamming, or any use of distribution lists to any person who has
not given specific permission to be included in such a process.
Client
also shall not engage in any unsolicited email practices on or
through our servers.
Katz
Global Media, in its sole discretion, may immediately terminate
this Agreement if Client engages in any of the foregoing. To report
any unacceptable behavior by a third party using the Services,
please contact info@i-goldhosting.com.
SPAM
POLICY
Depending
on the circumstances each violator will be issued our "one-time
warning" email. This email warns them that their behavior
will lead to the termination of their site, as well as ban them
from ever returning to Katz Global Media.
Either
after an initial warning or warnings, or if the situation is considered
severe, the client will be notified of their termination and their
site will be removed from Katz Global Media's servers.
If
you have collected email addresses of willing participants to
your organization, company, program, or newsletters then it is
ok to send out bulk email to these people. It is also ok to send
out personalized individual email to other companies you know
or have heard about that have not given you consent, but of which
you have received a referral.
Katz
Global Media reserves the right to decide what it considers "spam",
"UCE", "mail bombing", or "bulk email".
Let us know if you are unsure of your email responsibilities before
placing an order.
Laws
vary drastically from state to state and country to country. We
recommend studying the law and requesting permission from us before
mass mailing when there is any question as to the legalities of
the mailing in question.
COMPLIANCE
OF THE USC CODE
You
must operate your site within the guidelines set forth in TITLE
18 , PART I , CHAPTER 47 , Sec. 1030 of the USC code. Any violation
of this code will result in the termination of your account.
You
must also operate your site within the guidelines set forth in
TITLE 18 USC 2257 of the USC code. Any violation of this code
will result in the termination of your account.
ADULT
CONTENT POLICY
We
have no problem hosting adult sites that operate within the law
and we have special plans/pricing and servers for such purposes
that keep these sites seperate from our normal operations.
Katz
Global Media reserves the right to decide what it considers "adult
content", "adult material", "sexually explicit",
or "sexually related". Let us know if you are unsure
of the approval of your site before placing an order. When we
do approve a website which contains material of an adult nature
and nudity, all models depicted must be over the age of 18 and
you must be in full compliance of statute TITLE 18 USC 2257 of
the USC code and be able to prove compliance at our request. We
also require that you disclose the nature of your site so that
we place you on servers we have set aside for such purposes.
SEPARABILITY
If
any clause, sentence, paragraph or part of this Agreement or the
application thereof to any person or circumstances, shall be adjudged
by a court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, or invalidate the remainder of this
Agreement or the application thereof to any other person or circumstances,
but shall be confined in its operation to the clause, sentence,
paragraph or part thereof directly involved in the controversy
in which such judgment shall have been rendered and to the person
or circumstances involved. It is hereby declared to be the intent
that this Agreement would have been accepted even if such invalid
provision had not been included.
ARBITRATION
In
the event of any controversy or dispute arising with respect to
this Agreement or the interpretation or breach thereof between
Katz Global Media and Client Katz and the Client agree, in good
faith, to promptly attempt to settle such dispute amicably by
conciliation. In the event that they are unable to do so, any
such controversy or dispute shall be settled in accordance with
the voluntary Labor Arbitration Rules then prevailing of the American
Arbitration Association located with the State of Arizona by a
single Arbitrator.
ENTIRE
AGREEMENT
This
Agreement represents the entire understanding between the parties
and supersedes all previous agreements, written or oral, which
may have been entered into prior to the date of execution hereof.
This Agreement may be altered anytime at the sole discretion of
Katz Global Media.
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