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Sitelutions Acceptable Use Policy & Member Agreement

Summary
In short, by using our services, users agree that they will not:

• SPAM and "Opt-In" or Bulk E-Mail: Users may not send unsolicited email or post messages to irrelevant UseNet newsgroups that do not explicitly allow advertising.  In particular, a user may not SPAM (e-mail or usenet) in order to advertise a site that is hosted using Sitelutions Space^TM, redirected to using Sitelutions Redirection, provided with DNS service via Sitelutions DNS, or registered with Sitelutions Registrar^TM.
  
  "Opt-In" Mailers, Mailing List Sales Companies and those companies that are listed or cause our servers to get listed with anti-spam resource sites, such as (but not limited to) SPEWS.org, Relays.Osirusoft.org, Spamhaus.org, SpamCop, or any other similar site may be terminated without refund or notification by Sitelutions.
  
  For every violation of this policy (every instance of SPAM), you agree to pay Sitelutions $200. By signing up, you accept this clause.
   
• Use Sitelutions Space^TM to Host Illegal or Grossly Offensive Material: Sitelutions Space^TM may not be used to host pornographic, illegal or other material deemed offensive by Sitelutions' staff.  Illegal material includes but is not limited to copyrighted media, such as software, images, and audio files.  Sitelutions Redirection & DNS may be used for adult sites, as long as the owners of these sites abide by our other rules. <
   
• Hack, attempt to breach security in any way, or take any malicious action against our site or the sites of our users: Users may not attempt to gain access to our proprietary source code or data or the code, HTML, images, or data of other Sitelutions users.  Users may not attempt to damage Sitelutions in any way. 
• Utilize any Sitelutions services in conjunction with IRC  Sitelutions may not be used in conjunction with Internet Relay Chat services. This means that you may not use Sitelutions DNS to power IRC servers or networks, Egg Drops, BNC, or IRC bots. DNS domain names, host names, or file names that reference IRC or related services may cause us to suspend the associated account permanently. IRC servers, programs that act similarly to IRC servers, or any programs that run in the background and facilitate chat services are prohibited.

Users in violation of these policies will have their accounts immediately suspended (pending investigation) or deleted.  Please note that Sitelutions, in its sole discretion, reserves the right to terminate the accounts of those who violate our policies with absolutely no refunds.

Full Acceptable Use Policy & Member Agreement
This Agreement provides the terms and conditions governing the use of service provided by InfoRelay Online Systems, Inc located at 4 Bridge Plaza Drive, Englishtown, New Jersey, USA, hereafter referred to as "InfoRelay" via Sitelutions.  Sitelutions is a service of InfoRelay. Any references herein to "Sitelutions," or the "Sitelutions Staff" should be understood to actually be references to InfoRelay. The sole company responsible for Sitelutions at this time is InfoRelay. References to the "Sitelutions Site" refers only to the site located at "www.sitelutions.com."  The term "Sitelutions Member Sites" refer to sites hosted using Sitelutions Space^TM, accessible via Sitelutions Redirection, Sitelutions DNS, or for which the primary domain name was registered via Sitelutions Registrar^TM by a Sitelutions Member.

Registration via the Sitelutions Site provides Registered Users (each a "Member") with a package of content and services. InfoRelay may, at its discretion, add or delete features or eliminate the site in its entirety. By becoming a Member, you agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed below.

Price and Payment
Sitelutions offers some of its services for free, exclusive of other Internet or other telecommunications fee. Sitelutions does, however, charge for various services.  Both paying and non-paying members are bound to this Acceptable Use Policy, and all of the rules mentioned herein.  InfoRelay reserves all of the same rights in regard Paying Members as with Non-Paying Members. In regard to Members in violation of this Acceptable Use Policy, while InfoRelay may choose to refund a Paying Member's payment for any reason, InfoRelay is in no way required to do so. By paying, the Member accepts this clause.  Click here to view our refund policy.

Terms of Membership
Membership is available to anyone who registers all required information, provides an accurate, legitimate electronic mail address, and obtains a Sitelutions account and password. Sitelutions does not discriminate on the basis of age, gender, or ethnicity. Each Member is allowed to have only one Membership and the privileges associated with Membership. Sitelutions allows one registered Membership per legitimate electronic mail address. Any exceptions, including the use of one electronic mail address by multiple users, must be approved by a Sitelutions Staff member. Membership is intended for personal and business use only and is non-transferable. Please see the "Termination of Service" clause below for additional Membership information.

Member Content & Behavioral Guidelines
Sitelutions is a provider of web hosting, redirection, DNS, domain name registration, and e-mail services. 

Neither InfoRelay nor the Sitelutions Staff is responsible for the content of any Web page that is part of a Sitelutions Member Site.  Both content and opinions expressed are completely the responsibility of the Member who has set up the site. The Sitelutions staff does not review Web pages or sites in any way before they become a Member Site.  Despite the fact that Sitelutions Staff does not actively review member sites, Sitelutions will act immediately in the event that a complaint is received from a member of the Internet public.  Specifically, Sitelutions does not allow the following:

• SPAM: Sitelutions takes SPAM very seriously.  "SPAM" includes sending unsolicited bulk e-mail and submitting advertisements to Usenet newsgroups that do not specifically allow advertising.  Members are forbidden from sending SPAM using their Sitelutions account, using a Sitelutions-provided e-mail account / address, or sending SPAM in order to advertise a site hosted by, redirected-to, or provided with DNS by Sitelutions.  By signing up, Member acknowledges this agreement, and agrees to pay Sitelutions $200 in damages for each e-mail address to which unsolicited bulk e-mail was sent and $200 for each Usenet SPAM message posted.  Users or sites listed in anti-spam listing organization sites, such as spews.org, relays.osirusoft.org, spamhaus.org, spamcop.net, or other similar sites may be suspended immediately without notice or refund. Click here for our Anti-Spam Page.
   
• Grossly offensive or illegal material:  Using Sitelutions to host, redirect to, or provide DNS for a site that contains material that we deem grossly offensive violates the Acceptable Use Policy.  "Grossly offensive material," by our definition, includes pages that exploit images of children under 18 years of age, pages that include clear expressions of bigotry, racism, or hatred, "how-to" sites which promote illegal activities, such as the creation and/or use of weapons illegally, and pages that link to other sites which we deem offensive.  InfoRelay, at it's sole discretion, may deem a site "grossly offensive."  "Illegal material" includes but is not limited to copyrighted media, such as software, images, and audio files. 
   
• Hosting of sites or materials that may be construed by an individual or group as a form of harrassment or libel:  Using Sitelutions to host, redirect to, or provide DNS for a site that contains material that InfoRelay Online Systems, Inc., at it's sole discretion, deems offensive to a given party or group. In general, sites will not be evaluated for this content unless or until InfoRelay Online Systems, Inc. receives complaints about a giinf()ven site. At such point, if InfoRelay Online Systems, Inc., at it's sole discretion, deems the site to be offensive, "annoying," or potentially libelous (no proof shall be required that the site is libelous), User will be considered in violation of Acceptable Use Policy.
   
• Hosting adult material using Sitelutions Space^TM.  Members may not use Sitelutions Space^TM to host adult or pornographic content, such as images, web pages, and videos.  A Sitelutions Member may use Sitelutions Redirection or DNS to provide service for an adult site hosted on an external server, provided Member abides by all other Sitelutions rules.
   
•  Hack or attempt to breach Sitelutions security in any way.  Attempting to"hack" into Sitelutions internal data, "break" or modify the Sitelutions Site in any way, access Sitelutions source code, access or modify Sitelutions Member sites or data, login using a Sitelutions Member account that does not belong to you, or do any other sort of "hacking" violates this Acceptable Use Policy.  Use of your Sitelutions Space^TM account, or Sitelutions Space^TM shell access to hack into Sitelutions or other sites, "break" Sitelutions or other sites via DOS (denial-of-service) attacks (or any other type of attack) violates this Acceptable Use Policy.  Please read the "Copyrighted Material" section below for more limitations.
   
•  Over-utilize Sitelutions Hosting Server CPU, RAM, or other resources.  Sitelutions Space (Shared Hosting Customers) shall not consistently utilize more than 5% of server CPU at any given time. Such customers also may not setup cron jobs to run more frequently than once per hour per script. A maximum of five scripts may run per hour. Each script may not run for more than 300 seconds. Running PHP, CGI, Perl, or other scripts that utilize more than 5% of the CPU will result in Sitelutions notifying the customer of overusage. Sitelutions may request or require that the customer upgrade to a custom hosting plan. In extreme cases, Sitelutions reserves the right to instantly terminate the hosting account of the customer for extreme over-utilization. Sitelutions reserves the right to terminate service with no refund in such a case. For free DNS users regularly receiving more than 25 DNS requests per second or 500,000 DNS requests per day, Sitelutions reserves the right to terminate service instantly or make DNS modifications (such as modify TTL to reduce load on Sitelutions servers or modify the data returned by DNS queries. Account suspension or termination may be done without notifying the Sitelutions user.
   
•  Provide False or Incorrect Contact Information to Sitelutions or the WHOIS Database  All customer of Sitelutions, including those customer utilizating free services, MUST provide current, working contact information to Sitelutions. Sitelutions may use this information to contact the customer. Any customer providing a false telephone number, physical address, or electronic mail address may be terminated with no notice or refund.
   

Electronic Mail Usage Guidelines
Sitelutions provides e-mail forwarding, autoresponders, and e-mail accounts.  Use of our e-mail services to conduct communications aiding illegal activities including software piracy is strictly prohibited. We will not allow SPAM in any capacity.  We will provide United States state and federal law enforcement agencies with direct access to our servers should a problem arise with one of our customers.

Copyrighted Material
All material on the Sitelutions Site, including, without limitation, text, software, photos, video, graphics, music and sound, are protected by U.S. and international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by InfoRelay or a third-party content provider is allowed by Members for personal use. Members may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise. Any material protected by copyright may not be placed on a Member Site or any other site without the express permission of the author or owner of the copyright on that material. InfoRelay will not condone the following activities on Sitelutions:

• Making available copyrighted software which has been "cracked" - i.e., the copyright protection has been removed from the software;
• Making available serial numbers for software which can be used to illegally validate or register software;
• Making available tools which can be used for no purpose other than for "cracking" software (this does not include tools which have legitimate uses for software developers, system administrators, etc.).

• A transfer of domain registration to another registrar.
• Control over the domain's DNS.
• Moving the domain to another Sitelutions account so that the user may fully control the domain and all aspects of DNS/hosting associated with this domain.

Violation of Policy
In general, any violations of our policies will result in deletion or suspension of the appropriate Member account, and deletion or suspension of all Member Sites, and all services provided to Member.  This means that at it's sole discretion, Sitelutions reserves the right to disable Member accounts, e-mail, DNS, redirection, and Member Sites hosted with Sitelutions.  Sitelutions may take any or all of the following actions in the event of a policy violations:

• Telephone call to the Member in violation.
• E-mail to the Member in violation, including e-mail copies of complaints sent to Sitelutions by third parties.
• Suspension or termination of account with partial refund, or no refund at all.
• US Federal or State Court subpoena against Member in violation.
• International court subpoena against Member in violation.

Limitations of Liability and Warranty
The Member agrees that the use of Sitelutions is entirely at the Member's own risk. Sitelutions is provided on an "as is" basis without warranties of any kind, either expressed or implied. Furthermore, neither InfoRelay nor any third-party content provider makes any warranty with respect to any content, information, services, or products provided through or in conjunction with the Sitelutions Site or any Sitelutions Member Site. The Member specifically agrees that InfoRelay or third-party content providers are not liable for any conduct by Members associated with the Site, including, but not limited to, Member Web pages, resumes, surveys, chatrooms, or conferencing. InfoRelay and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any information on the Sitelutions Site and are not responsible for (i) any errors or omissions arising from the use of such information; (ii) any failures, delays, or interruptions in the delivery of any content or services contained within the Site; or (iii) losses or damages arising from the use of the content or services provided by Sitelutions or InfoRelay.

Indemnity
A Member agrees to indemnify InfoRelay and any third-party information provider against any and all claims and expenses, including attorneys' fees, arising from the Member's use of any services offered by Sitelutions or InfoRelay. This expressly includes: (i) Member's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and (ii) any libelous or unlawful material contained within Member Web pages, resumés, profiles, or Postings. Niether Sitelutions or InfoRelay may be held responsible for financial losses or damages due to service downtime, service performance issues, account termination, or suspension.

Termination of Service
Sitelutions may terminate Membership, at its sole discretion, and destroy any and all information provided by the Member at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by Sitelutions / InfoRelay elsewhere on the Site. Sitelutions may terminate Membership and delete any and all information, communications, Postings, or Web pages for online conduct that InfoRelay believes is harmful to other Members, the business of InfoRelay, the general public, or other third-party information providers.

Choice of Law
This Agreement shall be constructed and controlled by the laws of the State of New Jersey, without regard to its conflict of law provisions. Any dispute arising hereunder will be governed by the laws of the State of New Jersey. The Member agrees to personal jurisdiction by the state and federal courts of the State of New Jersey.

Merger Clause
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between the Sitelutions Staff or any InfoRelay representatives and the Member. InfoRelay may amend this Agreement at any time with notice from InfoRelay to the Member as published on the Site.