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I. Acceptable Use Policy
Purchasers of Internet services provided by BlackWire Marketng, LLC, including BlackWire Web Hosting Service Clients and/or Affiliates referring customers, must read and agree to the following terms and guidelines: The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.
Our Acceptable Use Policy is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Common sense is the best guide as to what is considered acceptable use, however the following are unacceptable uses.
In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material.
Certain types of content are not allowed on our network.
We do not host "adult" or sexually explicit content of any description. That includes "R" rated sexual content.
We do not host content relating to Hacking, Cracking, Warez. IRC is not allowed.
We do not host content related to hatered, anti-religious, anti-racial, anti-social groups.
We do not host content related to the occult, psychics,horoscopes, astrology, psychic lines (psychic 900 numbers), etc
We do not host any sites that promote pyramid, Ponzi, chain letter-type scams including "gifting" programs.
We do not host anything that supports illegal activity of any kind.
We reserve the right to remove content that violates these terms without notification.
SIDE NOTE: The purpose for banning the above content (aside from obvious moral issues) is that some content attracts a certain caliber of visitor to web sites that includes hackers and other lower level web surfers. This caliber of traffic can compromise a server and/or it's network.
Software downloads may only be hosted if you are the writer and copyright owner of the software, or have permission to distribute such information. Any software including freeware, shareware and trial software that is covered under copyright protection is forbidden for which you do not have permission to host or distribute is forbidden. Audio and video downloads may only be hosted if you are the creator and copyright owner of the work or have written permission to offer such files from the copyright holder.
All hosting accounts must 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, obscene, demeaning to others, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
Black Wire Hosting will be the sole arbiter as to what constitutes a violation of this provision.
The use of our network, servers or other equipment to send bulk e-mail to any recipients that have not requested to receive such e-mail messages, and the use of unsolicited bulk e-mail to promote a site on our network is strictly forbidden. Hosting clients and affiliates of BlackWire Marketing, LLC agree that the use of bulk e-mail by our affiliates or hosting clients to promote any product or service associated withBlackWire Marketing, LLC is grounds for cancellation of hosting service accounts and/or affiliate accounts whether or not the bulk e-mail was sent through the BlackWire Marketing, LLC web servers. Sending bulk e-mail through out network and/or servers requires you to be able to verify the request made by any and all recipients of e-mail messages. failure to provide proof or verification that a recipient requested to receive a mailing in question, may be labeled as "spam" and may result in the termination of an account as well as termination from any future uses of the network and/or equipment provided by BlackWire Marketing, LLC
Misuse Of Resources
Including but not limited to employing applications which consume excessive CPU time, memory or storage space. Chat/IRC, web proxy and mailing list scripts which are used for sending unsolicited bulk e-mail are not allowed if e-mail messages are sent to recipients who cannot be verified as having requested such e-mail. The use of web cam applications which maintain a constant FTP connection uploading an image at regular intervals is forbidden. If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.
It is considered a misuse of resources for hosting clients to resell any portion of the hosting service, disk storage space, bandwidth, eMail accounts, sub-domains or any other service associated with the features of the plan that require the use of the web servers. Hosting clients may not act on behalf of Black Wire Hosting as a representative or agent of the Company in any way. The selling of hosting service features may only occur through the authorized affiliate program which requires the registered affiliate to read and abide by the affiliate program policies stated in section IV below.
II. Contact Information
BlackWire Marketing, LLC 1292 High St - Suite 219, Eugene OR, 97401 USA
III. Black Wire Hosting Legal Notice
BlackWire Hosting is a subsidiary of BlackWire Marketing, LLC
Hereafter we refer to BlackWire Marketing LLC dba Black Wire Hosting as "the Company".
Information and Accuracy
Information and services provided at the Internet domains and BlackWire Marketing LLC are provided "AS IS" without warranty of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
In no event will the Company be liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this Internet resource, or the BlackWire Marketing, LLC hosting service, even if the Company is expressly advised of the possibility of such damages.
This website is subject to the protection of the copyright laws of the United States and other countries. You may not reproduce any part of this web site without the prior written permission of the Company.
© Copyright 2012-2014 BlackWire Marketing, LLC for 90 Second Website Builder
© Copyright 2012-2014, BlackWire Marketing, LLC for BlackWire Hosting
© Copyright 2012-2014, BlackWire Marketing, LLC for Drag and Drop Site Builder
- All logos of BlackWire Marketing, BlackWire Hosting, 90 Second Website Builder and Drag and Drop Site Builder belong to BlackWire Marketing, LLC
- All content and images on the site, except where otherwise noted or implied, are owned and copyrighted by BlackWire Marketing, LLC and can only be used with permission.
- 90 Second Website Builder and Drag and Drop Site Builder software and systems may not be used without consent or licensing of BlackWire Marketing, LLC
- All other names and marks are trade names, trademarks or registered trademarks of their respective owners.
- Rights granted to use these materials do not indicate a transfer of title and BlackWire Marketing, LLC reserves the right to revoke those rights at any time.
Links to other sites
Information on this web site may contain links or references to other sites. Other sites may contain links or references to this site. The Company does not endorse, and is not responsible for, any product or service offered by any entity other than itself.
Any comments or materials sent to the Company regarding this web site may be used by the Company without liability, and without compensation or attribution to the sender. The Company may reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute such content or materials to others without limitation.
Cancellation or Suspension of Accounts
The Company may cancel permanently or suspend temporarily any account that is in violation with the terms of service.
The hosting client may cancel his/her account within 30 days of purchase by writing a request to close the account and sending it to the Company (by postal mail) and receive a full refund. For cancellation requests made by the client after 30 days, refunds will be pro-rated based on the number of months paid for in advance (unused months). After 30 days from the purchase date, set-up fees are NOT refundable. All web hosting account cancellations may be submitted in writing by postal mail , but MUST include ALL FIVE (5) of the following components of information in order to process any potential refund: (1) The domain name on the account being cancelled; (2) the FULL name of the registered owner of the domain; (3) a VALID e-mail address; (4) a PHYSICAL MAILING address of the owner of the domain /account user; (5) the original method of payment used to order the account being cancelled (e.g.: PayPal, 2CheckOut, etc.). Requests for any pending refunds may not be processed until all of this information is provided. Postal mail requests are preferred to assure delivery of your request.
Refund requests MUST be submitted in writing as outlined above, or posted by the customer in the appropriate MEMBERS CENTER via customer log-in credentials. Refund requests made by e-mail or voice-mail ARE NOT VALID requests and cannot be honored due to the lack of dependability of many ISP mail services. Only refund request made in writing and sent by postal mail OR submitted through the Members Center via log-in are considered valid and are logged by date. The date of such requests constitutes the date used to calculate the 30 day refund policy.
IV. BlackWire Marketing, LLC / BLACK WIRE HOSTING HOSTING CLIENT AND AFFILIATE CONTRACT:
Hereafter we refer to BlackWire Marketing, LLC as "the Company". The BlackWire Marketing, LLC Client Contract is the contract between the Company and the Hosting Client and/or Affiliate (You).
You agree that Oregon law, excluding conflict of laws principles, will govern this agreement, and that any claim or suit arising out of or related to this agreement must be brought exclusively in federal or state courts located in Eugene, Oregon. You consent to the exclusive jurisdiction of such courts. You agree that in no event will the Company be liable to you for any special, incidental or consequential damages. You agree to indemnify and hold the Company harmless for any damages or costs incurred as a result of your violation of any law, regardless of whether they are actual, incidental, consequential, or punitive.
You agree that you are responsible to pay all applicable taxes, and to obtain all relevant licenses and permits associated with the legal operation of your enterprise. You assume full responsibility for your decision to use BlackWire Marketing, LLC's affiliated services.
The Company offers the hosting service "as is" and disclaims any implied warranties including for merchantability, fitness for a particular purpose, and non-infringement. You understand that the Company reserves the right to delay, suspend, or refuse payment of any portion of your affiliate earnings at any time.
You understand that the Company reserves the right to close your hosting service if the terms of this policy are violated and/or close any affiliate account at any time. You understand that the Company reserves the right to modify the BlackWire Marketing, LLC and/or Affiliate Client Contract at any time.
When a customer purchases a web hosting account, the client is required to either register a new domain name and the registrar of choice or provide a domain the client already owns.
If the customer does not own a domain at the time of purchase, the client is required to REGISTER one for the hosting account to be valid. There are TWO (2) options for customers who do not yet own a domain at time of purchase:
OPTION #1 - When a hosting account is ordered , client is given the option of searching for an available domain and allowing BlackWire Marketing, LLC to register an available domain for the client's use as long as they remain a Black Wire Hosting customer.
OPTION #2: Customers may register and use any domain that is legally secured at any 3rd party registrar of choice. When the customer registers their domain on their own , they retain full ownership of said domain and may transfer it to another registrar and/or update the DNS record to point said domain at any web server/host of choice.
Cancellation of Program
All users, participants, hosting clients, affiliates, subscribers and customers of BlackWire Marketing, LLC agree that The Company may cancel this service and /or affiliate program, or limit the number of users, participants, hosting clients, affiliates, subscribers and customers.
We Reserve the Right to Refuse Service
All users, participants, hosting clients, affiliates, subscribers and customers of BlackWire Marketing, LLC agree that The Company may cancel their service at anytime. We operate our equipment within standard web hosting protocols. Our own network of servers are co-located in multiple physical data centers for security and load balancing purposes. We, along with the co-location facility have full rights to terminate, suspend, remove any file, account or user from access our equipment at anytime for any reason. We maintain this privilege for the safety of the network and our responsible hosting clients. We hold the right to remove any files from our equipment we deem as undesirable based on our own criteria including the misuse of server resources for ANY reason that causes the dysfunction of any of our servers or equipment.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) on BlackWire Marketing LLC's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to de-compile or reverse engineer any software contained on BlackWire Marketing LLC's web site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or "mirror" the materials on any other server.
B. This license shall automatically terminate if you violate any of these restrictions and may be terminated by BlackWire Marketing LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
a. The materials on BlackWire Marketing LLC's web site are provided "as is". BlackWire Marketing LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BlackWire Marketing LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall BlackWire Marketing LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on BlackWire Marketing LLC's Internet site, even if BlackWire Marketing LLC or a BlackWire Marketing LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on BlackWire Marketing LLC's web site could include technical, typographical, or photographic errors. BlackWire Marketing LLC does not warrant that any of the materials on its web site are accurate, complete, or current. BlackWire Marketing LLC may make changes to the materials contained on its web site at any time without notice. BlackWire Marketing LLC does not, however, make any commitment to update the materials.
BlackWire Marketing LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BlackWire Marketing LLC of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law
Any claim relating to BlackWire Marketing LLC's web site shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
BlackWire Marketing,LLC DMCA (Digital Millenium Copyright Act) Compliance Statement
BlackWire Marketing, LLC recognizes and makes every effort to comply with the Digital Millennium Copyright Act (DMCA). The DMCA, which was passed in 1998, protects Internet Service Providers from absolute liability in copyright infringement cases.
Historically, copyright laws designate "absolute liability" for violation copyright rights, including reproduction, distribution, modification, public performance and public display of copyrighted material.
The DMCA provides relief from monetary damages for certain practices. For example, an Internet web page could contain copyrighted images used without permission of the copyright holder. The DMCA keeps the Internet Service Provider (ISP) from being held liable in such a situation under the regulations outlined in the Online Copyright Infringement Liability Limitation Act, available at the U.S. Copyright Office Web site: http://www.loc.gov/copyright.
The DMCA limits ISPs from liability for copyright infringement for transmitting information across the Internet. However, ISPs are expected to remove material that appears to constitute copyright infringement.
It is BlackWire Marketing, LLC’s policy to respond to notices of alleged copyright infringement in compliance with the DMCA. This might include removing or disabling access to material, alleged to be related to copyright infringement.
In the event of a copyright infringement claim, BlackWire Marketing, LLC’s, in compliance with the DMCA, will make a good faith effort to contact the site owner of the website that contains the material so that they may have the opportunity to make a counter-notification as specified in the DMCA. If no counter-claim is received within 14 days of notification, or BlackWire Marketing, LLC’s believes the claim to be reasonable, BlackWire Marketing, LLC’s will remove the materials referenced in the claim.
To file a copyright infringement notification with BlackWire Marketing, LLC, a written communication by mail must be received which includes the following:
- A link to the page containing copyrighted work that has been infringed and a description of the nature of the infringement.
- Address and telephone number of the person making the copyright infringement claim.
- Inclusion of the following statement:
"I have a good faith belief that use of the copyright materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Signature of copyright owner or authorized agent.
The complaint should be sent via mail to BlackWire Marketing, LLC
BlackWire Marketing, LLC
1292 High St - Suite 219
Eugene, OR, 97401
The DMCA provides for counter notification if a site owner feels he or she is being wrongly accused of copyright infringement. A written counter-notification letter by regular mail must be sent, including the information below:
- Identification of URLs or material that has been removed or disabled by BlackWire Marketing, LLC’s.
- Name, address, telephone number, email address and a statement consenting to the jurisdiction of the Federal District Court for the judicial district in which your address is located.
- Include the following statement:
"I swear, under penalty of perjury, that I have a good faith belief that the item identified above was removed or disabled as a result of a mistake or mis-identification and is not infringing on copyright."
- The site owner's signature.
The counter-notification should be sent by mail to:
BlackWire Marketing, LLC
1292 High St - Suite 219
Eugene, OR, 97401
BlackWire Marketing, LLC’s will notify the individual or agent who filed the initial copyright claim about the counter-notification and will take action to restore any material that has been removed, if such action seems reasonable. In cases where the parties cannot come to agreement on the copyright infringement claim, BlackWire Marketing, LLC’s will remove or restore material as deemed appropriate by the courts.
Limit of Liability
BlackWire Marketing, LLC is not, and will not, be held liable for any conduct associated with your use of this program, for your advertising activity, nor for any content posted using the BlackWire Hosting services.
The user must assume the entire risk of using the service. BlackWire Marketing, LLC is not to be held, and will not accept, any liability for any damages, direct or consequential, resulting from the installation or use of this service. This includes, but is not limited to, loss of stored data or loss of operational capability of the associated hardware and software systems.
The service and/or software/hardware systems are not to be used for presenting irrelevant, misleading or Illegal Activities. BlackWire Marketing, LLC reserves the right to cancel all product support and future updates without any monetary refund if you violate any of license agreements or terms and conditions.
BlackWire Marketing, LLC may terminate your account upon notice for failure to comply with any of these License Terms and Conditions. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.
NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BlackWire Marketing, LLC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BlackWire Marketing, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF AD SERVER SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.