1. My site will not contain child pornography, bestiality, warez, mp3, or password trading or posting.
2. My site is completely legal according to the laws in my area and does not violate any copyright laws or any other intellectual property statutes.
3. My site will reside on the Pride Sites server, and I will not link from any other sites to any images, graphics, audio, video, or other media I have on the Pride Sites server.
4. You understand hosting is free but Pride Sites will have a banner above and/or below every HTML page at all times.
5. You will notify Pride Sites any time my e-mail address or account information changes.
6. You understand my site may be terminated by Pride Sites at any time and for any reason. Such a termination may or may not include advance notice to the webmaster.
7. You understand that my site MUST contain gay adult material. We do not host personal sites.
8. Your site can be used as a free site, or a AVS site, as long as there are no membership charges directly to the user.
9. You understand that advertising my Pride Sites website via bulk email or spamming, including mass posting to Usenet Newsgroups and abuses of AOLs chatrooms, forums, and buddy system will cause my account to be closed immediately.
10. You understand that in the event my account is closed for bulk email or spamming, Pride Sites may initiate legal action in the State of California to recoup damages caused by my actions.
11. You understand that Pride Sites makes no warranties or guarantees of any kind whatsoever on this service.
12. Any webmaster that is running a top notch site (determined by us) will be offered additional megs of free web space.
13. These Terms and Conditions may be amended at any time in our sole discretion by posting such changes. You agree to periodically review these Terms and Conditions to ensure that you remain in compliance with them. If a change in the Terms and Conditions results in your site being out of compliance in some respect, you agree to change your site immediately to be in compliance or, alternatively, elect to not post your site with us any longer.
14. You agree that any dispute beween you and us concerning our hosting of your website or the obligations set forth in these Terms and Conditions shall be resolved in the appropriate State or Federal Court located in Fresno County California and you agree that in any such dispute said courts shall have personal jurisdiction over you.
15. YOU MAY NOT POST ANY IMAGE IN WHICH YOU DO NOT OWN THE COPYRIGHT OR HAVE A LICENSE FROM THE COPYRIGHT OWNER ALLOWING SUCH POSTING. BY POSTING AN IMAGE YOU ARE CERTIFYING THAT YOU ARE THE OWNER OF THE COPYRIGHT IN THAT IMAGE OR HAVE A LICENSE TO USE THE IMAGE, THAT THE POSTING OF THE IMAGE ON YOUR WEBSITE WILL NOT CONSTITUTE ANY INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS IN THE IMAGE, AND THAT YOU HAVE THE EXPLICIT PERMISSION OF EVERY PERSON IN THE IMAGE TO POST IT. IN ADDITION, BY POSTING AN IMAGE, YOU ARE AGREEING TO INDEMNIFY US WITH REGARD TO ANY DAMAGE, INCLUDING ATTORNEYS' FEES THAT WE MAY SUFFER AS A RESULT OF ANY THIRD PARTY CLAIMING A RIGHT OR INTEREST IN THE IMAGE. IF YOU KNOWINGLY POST AN IMAGE WHICH YOU DO NOT HAVE THE RIGHT TO POST, YOUR WEBSITE WILL BE TERMINATED. IF YOU DISCOVER THAT YOU POSTED AN IMAGE WHEN YOU DID NOT HAVE THE RIGHT TO DO SO, YOU AGREE TO REMOVE IT IMMEDIATELY UPON OBTAINING SUCH KNOWLEDGE AND, SHOULD YOU FAIL TO DO SO, YOUR WEBSITE WILL BE TERMINATED.
1. PARTIES. This Website Hosting Agreement (the "Agreement") is between (i) JMS Internet, Inc., a California corporation (hereinafter "PRIDESITES"), which owns and operates the Website www.PrideSites.com, and (ii) the persons and/or organizations hosted (hereafter "CONTENT PROVIDER"). This Agreement is governed by the following terms.
2. EXCHANGE OF SERVICES PRIDESITES'S sole role is to function as an Internet Service Provider ("ISP") for CONTENT PROVIDER (the "Services"). As such, (i) PRIDESITES is duly registered as an ISP under the Digital Millennium Copyright Act; and (ii) assuming CONTENT PROVIDER is in full compliance with this Agreement, PRIDESITES will provide to CONTENT PROVIDER its uniform storage space (currently 50 MB) on its web server(s). CONTENT PROVIDER agrees to provide advertising space on every page within its PRIDESITES website. PRIDESITES reserve the right, in PRIDESITES'S sole discretion, to determine all matters concerning hardware / software, systems support, facilities, advertising categories, positioning / timing of Customer Content, and other operational / administrative matters.
3. DISCLAIMER OF WARRANTIES: LIMITATION OF LIABILITY. Except as expressly set forth in this Agreement, PRIDESITES disclaims all warranties and conditions, express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. CONTENT PROVIDER acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically forth herein. THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, AND FOR FITNESS FOR ANY PARTICULAR PURPOSE. PRIDESITES shall have no obligation to remedy any facilities problems or to cure defects in PRIDESITES'S Services when those problems were caused by: (a) the failure of CONTENT PROVIDER'S equipment, computers (hardware / software), or other matters within CONTENT PROVIDER'S control; (b) CONTENT PROVIDER'S failure to use the Services within PRIDESITES'S uniform guidelines as promulgated from time to time; (c) the acts or omissions of third parties; or (d) PRIDESITES'S periodic scheduled maintenance activities. PRIDESITES IN NO EVENT SHALL BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. CONTENT PROVIDER understands that PRIDESITES is not a provider of Internet backbone facilities or services, and is not a publisher, editor, or provider of any Internet content. PRIDESITES makes no warranty, express or implied, concerning any of the following:
(i) any and all merchandise, information, advice, or service accessed or obtained over the Internet; CONTENT PROVIDER, subscribers and CONTENT PROVIDER'S users are solely responsible for evaluating the accuracy, completeness, usefulness, and appropriateness of any such merchandise, information, advice, or services.
(ii) the Services (which are provided on an "AS IS" and "AS AVAILABLE" basis); PRIDESITES does not warrant that the Services will be uninterrupted or error free, or that any information, software, or other material accessible on the internet is free of viruses, worms, Trojan horses, or other harmful components.
(iii) the data storage facilities (which are provided on an "AS IS" and "AS AVAILABLE" basis); PRIDESITES does not warrant that the facilities are will be uninterrupted or error free, or that any information, software, or other material stored on the Internet will be free form viruses, worms, Trojan horses, vandalism, degradation of storage media or other harm.
(iv) the security of data or transmissions within or without its facilities.
4. CONTENT. CONTENT PROVIDER agrees that its access to and use of materials on the Internet are at its own risk; PRIDESITES has no control over such material and accepts no responsibility or liability whatsoever for such materials. CONTENT PROVIDER assumes the following risks:
(i) the risk of publishing any information through the Services. PRIDESITES will not be liable for any damages claimed as a result of CONTENT PROVIDER's use of the Services or as a result of accessing or using any merchandise, information, advice, or service obtained over the Internet.
(ii) all risks associated with the use of information used, accessed, or downloaded by CONTENT PROVIDER from the Internet.
CONTENT PROVIDER is solely responsible for the following:
(i) for all material contained in its storage space. PRIDESITES does not verify, edit, endorse or otherwise vouch for any material contained in CONTENT PROVIDER's storage space.
(ii) for all security related to CONTENT PROVIDER'S use of and access to the Services. No user access security will be provided by PRIDESITES with respect to CONTENT PROVIDER'S facilities or the facilities of others.
PRIDESITES does not monitor, control, or edit the information available to CONTENT PROVIDER on the Internet. PRIDESITES expressly denies any responsibility for the accuracy, quality, or nature of information that may be obtained by CONTENT PROVIDER from the Internet through the use of the Services.
5. HYPERLINKS AND CUSTOMER CONTENT. CONTENT PROVIDER assumes sole responsibility for (i) acquiring all necessary authorizations for hyperlinks and (ii) the accuracy of materials on the Website, including, without limitation, Customer Content, descriptive claims, and warranties. PRIDESITES reserves the right, in PRIDESITES'S sole discretion, to exclude or remove from the Website any hyperlinks or Customer Content which, in PRIDESITES'S sole reasonable discretion, may violate or infringe upon any law or third-party rights which otherwise potentially may expose PRIDESITES to civil or criminal liability, provided that such right shall in no way place an obligation on PRIDESITES to review or edit the Website.
6. CONTENT PROVIDER'S REPRESENTATIONS AND WARRANTIES. CONTENT PROVIDER warrants that CONTENT PROVIDER'S use of the Services (or PRIDESITES'S use of materials CONTENT PROVIDER provides to PRIDESITES as Customer Content) will not violate any law, regulation, or PRIDESITES'S uniform policies, or violate or infringe upon the rights of any other party, including, without limitation, contractual rights, intellectual property rights, publicity and privacy rights and the rights against libel, defamation and slander. CONTENT PROVIDER agrees to indemnify PRIDESITES and hold PRIDESITES harmless (and PRIDESITES'S successors, assigns, agents and licensees) from any claim, demand, liability, or expense (including reasonable attorneys' fees) arising out of or resulting from CONTENT PROVIDER'S (i) breach of this Agreement, including the failure of any of CONTENT PROVIDER'S representations or warranties; (ii) use of the Services inconsistent with the terms of this Agreement; or (iii) PRIDESITES'S use of Customer Content. CONTENT PROVIDER further represents and warrants as follows:
a. that it will promptly inform PRIDESITES of any possible or alleged violations of law or infringements of third-party rights, including copyrights and trademarks owned by others;
b. that it will diligently ensure and continually monitor that all of its content is free from the risk of any violation of any law or infringement of any rights of third parties;
c. that it will conspicuously place all legally appropriate license information (including copyright and trademark licenses) on its Website;
d. that it will promptly delete any material or content which is not owned or properly licensed by CONTENT PROVIDER, or which is likely to violate any law or infringe upon any third party rights;
e. that it understands that the Internet contains unedited material including sexually explicit material, material which may be offensive to some individuals, material which may be illegal in some jurisdictions, unlicensed software, viruses, and information useful only in illegal acts;
f. that CONTENT PROVIDER (i) is duly organized, validly existing, and in good standing under applicable state laws; and (ii) is authorized to do business under all applicable laws;
g. that all acts have been taken with full power and authority to execute this Agreement and to consummate the transactions contemplated hereby. This Agreement constitutes the legal, valid and binding obligation upon the parties;
h. that CONTENT PROVIDER is not a minor; and
i. that CONTENT PROVIDER has fully read and understands this Agreement.
7. CONTENT PROVIDER'S LIABILITY. CONTENT PROVIDER may be held legally liable for all of its content (including all of the contents of its storage space) and can be held legally accountable if CONTENT PROVIDER includes material protected by copyright, trademark, patent or trade secret law without a written license from the owner(s). CONTENT PROVIDER agrees to indemnify and hold harmless PRIDESITES for any loss, liability, claim, damage, and expenses (including reasonable legal fees) arising from or in connection with the material or media found on CONTENT PROVIDER'S storage space.
8. LIMITATION OF LIABILITY. PRIDESITES'S total liability to CONTENT PROVIDER is limited to the Service fees paid by CONTENT PROVIDER to PRIDESITES; in no event shall PRIDESITES be liable to CONTENT PROVIDER for incidental, consequential, special, or indirect damages of any kind, including, but not limited to, loss of data, loss of use, interruption in services, breach of network security or loss of revenues. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.
9. PRIDESITES'S RIGHT TO SUSPEND OR TERMINATE AN ACCOUNT OR PROGRAM. PRIDESITES reserves the unconditional right to terminate, suspend, or modify any account or Website if PRIDESITES has "good cause" or otherwise has a reasonable basis to do so. Although PRIDESITES represents and warrants that it will not suspend or modify an account or program on an arbitrary or capricious basis, in the event PRIDESITES receives any credible information that CONTENT PROVIDER'S Website violates intellectual property rights or otherwise is unlawful, PRIDESITES shall have the right to immediately suspend or terminate CONTENT PROVIDER'S access. If information is provided to PRIDESITES that CONTENT PROVIDER'S use of the Services may, if true, lead to a finding by a court or administrative agency of competent jurisdiction to be in violation of a law or valid regulation and, if PRIDESITES is directed to terminate Services to CONTENT PROVIDER, PRIDESITES may do so with or without further notice. Although PRIDESITES may request written substantiation of the complaint from the complaining party(s) (e.g., evidence of proof of ownership in the form of a trademark, service mark, patent or copyright registration), even without such proof, PRIDESITES shall have the right to take such steps that it reasonably believes to be appropriate under the circumstances, including, but not limited to: (i) to suspend the Website (or a portion of the Website) immediately; (ii) to provide the CONTENT PROVIDER with contact information for the complaining party; (iii) to instruct the CONTENT PROVIDER to contact the complaining party to resolve the dispute; or (iv) to inform the complaining party of PRIDESITES'S actions and ask that party to work directly with the CONTENT PROVIDER. PRIDESITES may take the following actions based on the progress of the dispute: If CONTENT PROVIDER has not pursued resolution within 72 hours of notification, the Website, or portions of the Website, will be deleted. CONTENT PROVIDER'S Website (or portions of the Website) may be re-activated at PRIDESITES'S sole discretion. If legal action is pending or the dispute is unsettled, the Website, or portions of the Website, may remain suspended until resolution is reached and PRIDESITES is notified by both parties as to the outcome. If a resolution is reached between the parties, the Website, or portions of the Website, will be reactivated with any mutually agreed upon modifications. PRIDESITES also reserves the following rights: (i) To release current or past CONTENT PROVIDER information in the event PRIDESITES believes that accounts are in violation of the Website Hosting Agreement, Acceptable Use Policy, used to commit unlawful acts, or if the information is subpoenaed; (ii) To deny membership to offenders of these guidelines or Website Hosting Agreement; or (iii) To amend or change these guidelines at any time and without notice.
10. USE OF SERVICES. CONTENT PROVIDER agrees that the following are strictly prohibited by PRIDESITES:
a. To divulge passwords or allow access to any person not a party to this Agreement.
b. To publish, post, transmit or store any information, files, graphic, software or other materials through PRIDESITES which would violate any applicable Federal or State law or valid regulation of the United States of America or any nation which the CONTENT PROVIDER has residence in, does business in, or can reasonable expect to do business in, including but not limited to laws and regulation relation to intellectual property rights, obscenity, privacy, defamation, harassment, fraud, and export control.
c. To use non-interactive scripts and programs except where expressly allowed. Scripts and programs which send unrequested or unwanted data to other users or systems is prohibited and will result in suspension of the Website and possible termination. Examples of such programs and scripts include but are not limited to IRC bots, mail flooding, Usenet/newsgroup, spamming, and e-mail spamming.
d. To create, install, or use any Server Side Includes (SSIs), cgi-scripts, Server Side Java Scripts or other software which is accessible by the World Wide Web and which requires the server to interpret and operate its code. PRIDESITES may, at PRIDESITES'S sole judgement, evaluate and install such programs on the CONTENT PROVIDER'S behalf. Evaluation and installation of such programs are not covered under this agreement and will incur further charges, which CONTENT PROVIDER agrees to pay.
e. To allow unlawful access to minors (or to fail to take steps to prevent such access) or to attempt to use or display any Customer Content which has a likelihood of being deemed child pornography (or other illegal content) without having taken all steps necessary to verify its legality.
11. ACCEPTABLE USE POLICIES. CONTENT PROVIDER will adhere to any and all acceptable use policies of PRIDESITES as posted and occasionally updated at http://www.PRIDESITES.com/AUP. CONTENT PROVIDER will adhere to any and all acceptable use policies incorporated into services with which CONTENT PROVIDER interacts. PRIDESITES may update these policies at any time without notice. CONTENT PROVIDER agrees not to engage in the transmission or reception of sensitive data unless it is encrypted. Such data includes but is not limited to credit card numbers, passwords, bank account numbers, social security numbers, driver's license numbers or any data protected or identified as private under existing laws. CONTENT PROVIDER affirms that they are aware of all necessary laws governing the publishing or transmission of indecent material as well as laws governing child pornography. These laws include but are not limited to http://www.law.cornell.edu/uscode/18/110.shtml -- 18 U.S.C. §110, http://www.law.cornell.edu/uscode/18/2257.shtml - - 18 U.S.C. §2257, http://www.law.cornell.edu/uscode/47/223.shtml -- 47 U.S.C. §223, and the Child Online Protection Act (COPA), together will all Federal Court decisions interpreting COPA, any Communication Decency Act, or any successor or amended legislation addressing minors and pornography. CONTENT PROVIDER understands that different jurisdictions may have different laws governing Customer Content, and CONTENT PROVIDER represents that it has consulted with appropriate legal counsel to ensure that its Customer Content is free from infringement of rights or violations of law. CONTENT PROVIDER will not maintain more than one Website on each PRIDESITES System. CONTENT PROVIDER will not use its storage space on PRIDESITES to pull material to another Website. CONTENT PROVIDER will indemnify PRIDESITES for any damages or legal fees PRIDESITES incurs due to CONTENT PROVIDER's use of the Services in violation of the Acceptable Use Policies.
12. TERM/EXTENSION/TERMINATION. This Agreement will be automatically extended on a month-to-month basis, until canceled or terminated. PRIDESITES reserves the right to refuse or terminate any Website, image, or material which violates this Agreement or which PRIDESITES reasonably believes may infringe upon the rights of third parties, or as is otherwise permitted by this Agreement.
13. PASSWORDS. Passwords are for CONTENT PROVIDER'S personal use, and CONTENT PROVIDER is responsible for password secrecy and all statements made and acts or omissions that occur while the passwords are being used. CONTENT PROVIDER agrees to notify PRIDESITES immediately of any loss or theft of passwords or if the confidentiality of the passwords has been compromised in any manner.
14. DOMAIN NAMES. CONTENT PROVIDER acknowledges that PRIDESITES has conducted no research or determination of any sort regarding whether CONTENT PROVIDER'S domain names or URL listing will infringe, dilute, or otherwise violate any third party rights or trademarks. CONTENT PROVIDER agrees to assume any and all risks associated with CONTENT PROVIDER'S selection of an Internet domain name.
15. THIRD PARTY EQUIPMENT. CONTENT PROVIDER may be required to purchase, lease or license certain computer hardware and software provided by third parties (the "Equipment"). The Equipment is not manufactured by PRIDESITES. Some of the Equipment may be purchased or licensed through PRIDESITES; to the extent possible, PRIDESITES will assign or pass through to CONTENT PROVIDER all warranties related to the Equipment that are purchased or licensed through PRIDESITES. Risk of loss or damage to any Equipment purchased or licensed by CONTENT PROVIDER through PRIDESITES shall pass to CONTENT PROVIDER upon delivery to you. CONTENT PROVIDER will be solely responsible for both the selection and maintenance of the Equipment. PRIDESITES'S only obligation as relates to CONTENT PROVIDER'S use of the Equipment is to reasonably assist CONTENT PROVIDER with warranty claims in those instances when the Equipment has been licensed or purchased through PRIDESITES. THE ABOVE OBLIGATION FOR PRIDESITES TO ASSIST CONTENT PROVIDER WITH EQUIPMENT WARRANTY CLAIMS IS IN LIEU OF ALL OTHER OBLIGATIONS OR WARRANTIES, IMPLIED OR EXPRESS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
16. FORCE MAJEURE. Neither CONTENT PROVIDER nor PRIDESITES are liable for delays/damages caused by events/conditions beyond either party's control (e.g., strikes, shortages, or Acts of God).
17. RELATIONSHIP. CONTENT PROVIDER and PRIDESITES are independent contractors. Neither party is a fiduciary, agent or partner of the other.
18. NOTICES. Any notices hereunder shall be in writing and delivered to the address specified herein or such other address as specified in writing. Notice shall be deemed given (1) upon personal delivery; (2) if sent by fax, upon confirmation of receipt; or (3) if mailed, the earlier of (i) the date of actual receipt, or (ii) 3 business days from the date of mailing.
19. CHANGE OF STATUS. PRIDESITES will occasionally require CONTENT PROVIDER to update registration and account information to continue the Services. CONTENT PROVIDER shall notify PRIDESITES in writing of any changes in the account information.
20. INTELLECTUAL PROPERTY. CONTENT PROVIDER grants to PRIDESITES a nonexclusive license to use its trademarks and copyrights (the "Property") as is reasonably required under this Agreement. PRIDESITES retains ownership of all Property PRIDESITES owns and makes available to CONTENT PROVIDER; upon expiration or termination of this Agreement, CONTENT PROVIDER'S rights in and licenses to use PRIDESITES'S Property expires, and CONTENT PROVIDER will cease using PRIDESITES'S Property. CONTENT PROVIDER hereby grants to PRIDESITES, for the Term of this Agreement, a worldwide license to use, display, digitize, reproduce, edit, modify, distribute, or advertise those items and materials which constitute CONTENT PROVIDER'S Customer Content and CONTENT PROVIDER'S Website, in any/all media (known or unknown) for any purpose contemplated by this Agreement. CONTENT PROVIDER and PRIDESITES agree to abide by each other's uniform standards for protection of copyrights and other intellectual property.
21. ASSIGNMENT. CONTENT PROVIDER may neither assign nor transfer any rights conferred by this Agreement without PRIDESITES'S prior written consent, and any purported assignment of or delegation of the whole or any portion of this Agreement will be null and void and constitute a breach of this Agreement. Without in any way limiting the general nature of the foregoing prohibition against assignment, CONTENT PROVIDER agrees that the Services may not be resold, shared with, or made available to any third party.
22. MISCELLANEOUS. This Agreement is governed by California law (without giving effect to choice of law provisions) as applied to contracts entered into and to be performed entirely within California between its residents. With respect to the subject matter of this Agreement, this Agreement supersedes all prior/simultaneous discussions and embodies the entire understanding of the parties; all modifications must be written and signed by all parties (including any waivers, excuses, or consents). All actions hereunder are venued in Fresno County, CA , and CONTENT PROVIDER waives any rights CONTENT PROVIDER may have to remove this case to other jurisdictions. All of PRIDESITES'S rights hereunder are cumulative. Each provision of this Agreement is severable and, if held to be invalid, illegal or unenforceable, such provision will be ineffective only to the extent of such invalidity, illegality, or unenforceability, without invalidating the remainder of this Agreement. This agreement has been duly and fully negotiated and no ambiguity in this Agreement shall be resolved against the drafting party. This Agreement is binding upon all successors and assigns. Faxed signatures are binding as though originals. Clicking on the "I ACCEPT" or "I AGREE" button, or the use of any of PRIDESITES'S Services, means that CONTENT PROVIDER fully accepts the terms and conditions of this Agreement. CONTENT PROVIDER agrees to pay all reasonable attorneys' and collection fees incurred by PRIDESITES in collecting Fees invoiced to CONTENT PROVIDER or in enforcing this Agreement. In the event of a conflict between the terms and conditions of this Agreement and PRIDESITES'S promulgated policies, including PRIDESITES'S Acceptable Use Policy, this Agreement shall control.