Terms and Conditions
1. The opinions and views expressed in a Subscriber's web
site do not in any way reflect the views and opinions of
itsmysite.com. The content of a Subscriber's web site is
not reviewed, modified, or edited by itsmysite.com in any
way before it is placed on itsmysite.com servers and before
it becomes available to the general public over the
Internet.
2. itsmysite.com is not, in any way whatsoever, responsible
for the content of a Subscriber's web site. Subscribers are
solely and personally responsible for everything contained
on their web site. itsmysite.com does not verify, endorse,
or otherwise vouch for the content of a Subscriber's web
site. Subscribers, not itsmysite.com, may be held legally
liable for the content of their web sites if their web
sites include any illegal content such as, but not limited
to, defamatory comments, or material protected by
intellectual property rights such as copyright, trademark,
or patent, and used without the express written permission
of the author or owner.
3. In the event that itsmysite.com receives a complaint
that the content of a Subscriber's web site allegedly
infringes intellectual property rights, itsmysite.com will
follow the procedures outlined below in Schedule A:
Intellectual Property Dispute Policy.
4. itsmysite.com is not responsible for the validity, delivery
and warranty of any goods or services sold or advertised through
a Subscriber's web site.
5. All itsmysite.com Subscribers must read, understand, and
adhere to all of the Content Guidelines as stipulated below
in Schedule B: Content Guidelines.
6. Although itsmysite.com does not actively monitor the content
of its Subscribers' web sites, it will investigate complaints
of any violation of the itsmysite.com Terms and Conditions.
Such complaints are submitted to complaints@itsmysite.com.
itsmysite.com may from time to time conduct spot audits of
subscribers' web sites to monitor compliance with the within
Terms and Conditions.
7. Any Subscribers brought to our attention who are, in
itsmysite.com's sole discretion, in violation of the
itsmysite.com's Terms and Conditions may, without refund,
have their subscription revoked and their web site, or
portions of their web site, suspended or removed without
warning. itsmysite.com is not required to return a
Subscriber's web site data after suspension or deletion of
a Subscriber's web site.
8. itsmysite.com is not responsible or liable for any third
party action arising out of the use or loss of the Subscriber's
web site data due to network or system outages, file corruption
or for any other reason whatsoever. Subscribers agree to
hold harmless itsmysite.com for any loss, liability, claim,
damage, and expenses (including reasonable attorneys' fees)
arising from or in connection whatsoever with the loss of
their web site's data. We urge all of our Subscribers to
maintain backup versions of their web sites to guard
against data losses of any kind. Subscribers can do this by
keeping working copies of their images and by viewing and
saving source from each of their web site pages.
9. The clip art which is provided by itsmysite.com is copyrighted,
1999, by itsmysite.com incorporated.
10. itsmysite.com also reserves the following rights:
a. to amend or change the itsmysite.com Terms and
Conditions at any time and without notice to Subscribers;
b. to release current or past Subscriber information to the
relevant persons if itsmysite.com believes that a
Subscriber's web site is in violation of itsmysite.com's
Terms and Conditions, is being used to commit unlawful acts
or if the information is subpoenaed;
c. to deny subsriptions to serious or repeat offenders of
the itsmysite.com Terms and Conditions;
d. to remove Subscribers for conduct that itsmysite.com
believes is harmful to other Subscribers or to
itsmysite.com as a business; and
e. to place one line of clickable text at the bottom of
each page of a Subscriber's web site stating that the page
was created at itsmysite.com.
Schedule A: Intellectual Property Dispute Policy
In the event that itsmysite.com receives a complaint that
the content of a Subscriber's web site allegedly infringes
intellectual property rights, itsmysite.com may request
written substantiation of the complaint from the
complaining party, for example, substantiation of proof of
ownership in the form of a trademark, service mark, patent
or copyright. itsmysite.com may also take steps it believes
to be appropriate under the circumstances, including, for
example:
1. Suspending the Subscriber's web site, or a portion of
the web site, immediately until the dispute is resolved;
2. Providing the Subscriber with information for contacting
the complaining party;
3. Instructing the Subscriber to contact the complaining
party to resolve the dispute;
4. Informing the complaining party of itsmysite.com's
actions and asking party to work directly with the
Subscriber to resolve the dispute with all correspondence
between the complaining parties being sent to
itsmysite.com;
5. Taking the following action based on the progress of the
dispute:
a. if the Subscriber has not pursued resolution within 14
days of a notification, the allegedly offending site, or
allegedly offending portions of the site, will be de-
activated;
b. if the complaining party has not pursued resolution
within 14 days of the member's response, the allegedly
offending site, or portions of the allegedly offending
site, will be reactivated;
c. if legal action is pending or the dispute is not
settled, the allegedly offending site, or portions of the
allegedly offending site, may remain deactivated until
resolution is reached and itsmysite.com is notified by both
parties as to the outcome; and
d. if a resolution is reached between the parties, the
allegedly offending site, or portions of the allegedly
offending site, will be reactivated with any mutually
agreed upon modifications.
If a copyright, trademark, patent, or other infringement is
obvious (such as when pirated computer programs or
information used to circumvent manufacturer-installed copy-
protect devices, including serial or registration numbers
for software programs or any type of cracker utility, is
being distributed), itsmysite.com also reserves the right,
instead of following the above stated procedures, to delete
all files and remove the Subscriber's web site without any
warning.
Schedule B: Content Guidelines
Free web sites are prohibited from displaying any
non-itsmysite.com banner advertising.
The following content is not allowed on any itsmysite.com
web site:
1. Pornography: Subscribers may not display or provide any
material containing pornography of any kind.
2. Offensive Material: Subscribers may not display or
provide any material that is grossly offensive as determined
at the sole discretion of itsmysite.com. This includes but is
not limited to blatant expressions of bigotry, prejudice,
racism, hatred, excessive profanity, or defamation of any
person or group.
3. Defamation: Subscribers may not display or provide any
material that defames any person or group.
4. Exploitation of Children: Subscribers may not display or
provide any material which exploits anyone under 18 years
of age. Subscribers may not post or disclose any child's
personal identifying information.
5. Promotion of Illegal Activities: Subscribers may not
display or provide any instructional information, or any
other information, about illegal activities such as those
that promote physical harm or injury against any group,
individual, or animal. This includes, but is not limited
to: instructions on how to assemble explosive devices and
other weapons; disseminating personal information about
another individual for malevolent purposes; providing
computer software viruses or software designed to create a
virus; providing satellite TV cracks; providing programs to
"nuke" or create a denial of service attack against another
individual or ISP; facilitating the delivery of "spam"
e-mail.
6. Copyright Infringement: Subscribers may not use your web
site to commit acts of copyright, trademark, patent, trade
secret or other intellectual property infringement; This
includes, but is not limited to, the following activities:
providing pirated computer programs (this also includes
files which are solely intended for game emulation);
providing information used to circumvent manufacturer-
installed copy-protect devices, including serial or
registration numbers for software programs, illegal
mp3 files; providing any type of cracker utility.
7. Hyperlinks to the Above Forbidden Content: Subscribers
may not create pages that consist of hyperlinks to content
not permitted as described in this Content Guideline.
8. Any material or information of a similar kind, in anyway
whatsoever, to the above listed content restrictions.
9. Any material or information of a similar kind, in any way
whatsoever, to the above linked content restrictions used in
a web site address.
10. itsmysite.com reserves the right to suspend service at
its own discretion to any subscriber for any reason.
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