If you order Media Taskforce web-hosting, a payment of an annual fee in advance for hosting your website is required in order for Media Taskforce to supply hosting for your website. On the 12 month anniversary of the due date of payment for the Build Service, payment of an annual fee for hosting your website is required in order for Media Taskforce to continue hosting your website. We will forward an invoice to you at the appropriate time. If we have issued an invoice but do not receive payment, despite one reminder, Media Taskforce reserves the right to cease hosting your website and to remove the website from Media Taskforce's servers without further notice to you.
The Multimedia Taskforce support staff will manage and monitor the network, hardware, and the basic operating system of the server. These functions are completely under the control of Multimedia Taskforce, and any problems with these will be resolved by Multimedia Taskforce staff as quickly as possible.
Media Taskforce will perform maintenance services as Media Taskforce determines reasonably necessary to maintain the continuous operation of the Virtual Private Server. The client acknowledges that such maintenance may require Server downtime.
The Media Taskforce Acceptable Use Policy covers numerous topics including:
Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Media Taskforce, but also because it can overload our network and disrupt service to Media Taskforce subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Multimedia Taskforce has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others.
Multimedia Taskforce is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Multimedia Taskforce's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials -- Using Multimedia Taskforce's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Multimedia Taskforce is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Multimedia Taskforce's network.
Defamatory or Abusive Language -- Using Multimedia Taskforce's network as a means to transmit or post 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 might 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, mailbombing, 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.
Facilitating 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, mailbombing, 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.
Other Illegal Activities -- Engaging in activities that are determined to be illegal, including 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 Multimedia Taskforce determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
Unsolicited e-mail or "spam" originating from a Server account or associated with a Server account is not tolerated. This includes any e-mail that promotes Web sites hosted on a Server account but is sent from an e-mail address not associated with that Server account. After the first violation of this policy, we will give a warning to the customer. After the second violation, the Server account will be disabled without warning and the account may be terminated. We believe strongly in promoting "netiquette", or proper use of the Internet. A strong anti-spamming policy will benefit both you and your customers.
Any Server account that is used for illegal, abusive, or unethical activity prohibited in the Multimedia Taskforce AUP may be immediately deactivated by us without warning to you. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of illegal, abusive, or unethical materials. Although we will make reasonable effort to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we are not required to give such notice before deactivating your use of our services if, in our discretion, your use is or results in illegal, abusive, or unethical activities. If a Server account is disabled, the regular monthly fees still apply until the Server account is terminated by the customer.
15. Jurisdiction
Claims, disputes or other matters in question between the parties to this agreement arising out of or relating to this agreement or breach thereof shall be settled in Long Beach, California municipal court. Unless otherwise provided, this agreements shall be governed by the law of the principal place of business of Media Taskforce Inc.
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