The use of services provided by HostJockeys.com (hereafter referred to as "HostJockeys") is subject to the following Terms and Conditions.
Terms of Service/AUP Violations: email@example.com (customers will be copied on all reports)
Legal and Law Enforcement Enquiries: firstname.lastname@example.org
Party Definitions and Introductory Terms - The operative parties referred to in this Agreement are defined as follows:
HostJockeys is the publisher and operator of hostjockeys.com (the "Site") whereby HostJockeys makes certain web hosting services (the "Services") available. For purposes of this Agreement, when "Site" or "Services" are referenced, such reference includes all hardware, software, and network resources necessary to provide said Site and/or Service.
When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to HostJockeys. Additionally, when the terms "the Site" or "Site" are used, these terms refer to any site published by Us, unless a site is specifically exempt from this policy.
You, the Client - As Our Client and the user of the Site or Services, this Agreement will refer to You through any second-person pronouns, such as "Your," "Yours," etc.
PLEASE READ THE FOLLOWING HOSTING SERVICES TERMS AND CONDITIONS. BY SUBSCRIBING TO HOSTJOCKEYS' SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (the "AGREEMENT"). IF YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK "I ACCEPT," (OR SIMILAR SYNTAX) OR CHECK THE APPROPRIATE BOX CONFIRMING YOUR INTENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND CONTINUE WITH THE ACCOUNT SET-UP PROCESS. YOU SHOULD PRINT-OUT OR OTHERWISE SAVE A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "BACK" BUTTON ON YOUR BROWSER AND DO NOT SUBSCRIBE TO HOSTJOCKEYS' SERVICES. HOSTJOCKEYS AGREES TO PROVIDE SERVICES TO YOU ONLY IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT IS PERMITTED BY THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (E-SIGN ACT) AND SIMILAR FEDERAL AND STATE LAWS. ANY USE OF HOSTJOCKEYS' SERVICES SHALL CONSTITUTE AN ACT OF ACCEPTANCE OF THE CURRENT HOSTING SERVICES TERMS AND CONDITIONS.
Incorporations by reference.
Although this Agreement represents the primary terms and conditions of service for HostJockeys' Services, additional guidelines and rules are hereby incorporated by reference. For Clients residing outside the EEA, the documents which can be found on Our Site, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following:
Our Acceptable Use Policy (https://hostjockeys.com/whmcs/acceptable_use_policy/)
For Clients residing in the EEA, the document(s) that can be found on Our Site, and which are specifically incorporated by reference and therefore part and parcel of this Agreement, are the following:
Our Acceptable Use Policy (https://hostjockeys.com/whmcs/acceptable_use_policy/)
Clients residing in the EEA are invited to read our GDPR Privacy Notice before registering for the Services.
In order to provide you with a really great service, we need you to agree to the rules in this document prior to delivering services to you.
1.1 At the time of initial registration, You will select from the list of available Services the service plan(s) to which You wish to subscribe. All subscriptions to Services are subject to formal acceptance by HostJockeys. Your subscription to the Services will be deemed accepted by HostJockeys when HostJockeys delivers a confirmation of the subscription to You. HostJockeys reserves the right to refuse to provide You with any Service for any reason. Notwithstanding Our Uptime Guarantee found in Section 17 of this Agreement, HostJockeys also reserves the right to interrupt access to the Services to perform regular and emergency maintenance as needed. You may order additional Services at any time, provided that You agree to pay the then-current fees for such additional Services. All additional Services shall be considered "Services" hereunder. All Services provided are subject to availability and to all of the terms and conditions of this Agreement.
We'll let you know once your services have been activated!
Unfortunately, we sometimes have to deny our services or interrupt them for maintenance.
2. REVISIONS TO USER AGREEMENT
This Agreement contains the complete and entire terms and conditions that apply to Your use of HostJockeys' Services (as defined below). HostJockeys may modify the terms of this Agreement, including the Fees (as defined below) at any time.
2.1 From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.
2.2 We agree that if We change anything in this Agreement, We will change the "last modified date" at the top of this Agreement. You agree to periodically re-visit this web page, and to use the "refresh" button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the "last modified" date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the "last modified" date has changed, then You can be certain that something in the Agreement has been changed.
2.3 Should You wish to terminate this Agreement due to any revisions made by Us, You must do so in writing via the cancellation form within thirty (30) days of the "last modified" date described above. Your continued use of the Services after the effective date of any such notice constitutes Your acceptance of such changes.
2.4 Waiver – if You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for such omission and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
Every so often, we have to update this agreement. Check the date at the top to see the last time it was revised.
Simply continue to use our services to show us that you accept the changes.
3. DURATION OF AGREEMENT AND CANCELLATION POLICY
3.1 The Initial Term shall begin upon confirmation of Your order or commencement of the Services to You and receipt of lawful funds. The term's length is chosen by You and shall be indicated when You order Our Services. This Agreement may not be terminated by You during the Initial Term (and any renewals thereof) except in the event of a breach by HostJockeys. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein.
3.2 HostJockeys may also terminate this Agreement in its sole discretion at any time for any reason or no reason. ("Termination without Cause"). In such circumstance, HostJockeys will provide You with thirty (30) days written notice before the discontinuation of Services.
3.3 If HostJockeys cancels this Agreement pursuant to any of the terms outlined in this Agreement, with the exception of Termination without Cause pursuant to paragraph 3.2, HostJockeys shall not refund to You any fees paid or prepaid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that HostJockeys terminates the Agreement for cause, all prepaid hosting fees will be forfeited and are not refundable. The termination of this Agreement does not relieve You of Your obligation to pay any Fees accrued or payable to HostJockeys.com prior to the effective date of termination of this Agreement.
3.4 In addition to HostJockeys' right to terminate this Agreement provided elsewhere in this Agreement, HostJockeys may terminate this Agreement effective immediately if, based on HostJockeys' sole judgment, it determines that You or any of Your end-users: (a) have breached the Acceptable Use Policy ("AUP") as described in Section 12 of this Agreement, and incorporated herein, (b) have infringed or violated any intellectual property right or privacy or publicity right of a third party, (c) have not complied with any applicable law, statute or regulation, or (d) have uploaded, published or disseminated any images, text, graphics, code or video which HostJockeys considers illegal or high risk, in its discretion. Nothing contained in this Agreement is intended to, or shall, impose any duty or obligation upon HostJockeys to monitor or review Your Content or the content of Your end-users at any time. You remain solely responsible for Your Content, and any liability generated therefrom.
3.5 The termination of this Agreement will terminate Your access to the Services and Your license to the Host Materials (as defined in Section 5.2 of this Agreement). HostJockeys shall not be liable to You or to any third party for termination of the Services permitted under this agreement. Upon termination of this Agreement, HostJockeys reserves the right to maintain copies of Your data files and records for archival purposes, but does not undertake any obligation to do so. HostJockeys reserves the right to impose an early termination charge for all Services terminated prior to the last day of the billing cycle.
3.6 If either party cancels or terminates this Agreement for any reason, You shall be solely responsible for making all necessary arrangements for securing a replacement host and moving all electronic data, graphics, images, video or text to the new service provider. Upon termination of this Agreement, provisions that by their nature would be expected to survive termination shall survive and remain in full force and effect in accordance with their terms.
We require that you keep your services running until after the initial term. HostJockeys reserves the right to cancel your services anytime, but we really don't want to!
Liabilities resulting from your content is your responsibility. If we have to cancel this agreement, it is up to you to move your content to another provider.
4. ACCOUNT SET UP
4.1 When You register for the Services, You will choose a login (email) and password. You may use the Services or modify Your data and content only through such user ID and password. You are entirely responsible for maintaining the confidentiality of Your user ID and password and for any and all activities which occur using those credentials. You agree to immediately notify Us of any unauthorised use of Your account or any other breach of security known to You.
4.2 You must provide Us with a primary email address that is checked regularly and frequently. All notices and communications between Us will be sent to the email address You provide, and You are therefore required to keep this address current or notify Us if Your address changes. You should notify Us if any of Your contact and/or billing information changes so that We may update Your account. It is also Your responsibility to make sure that Our domain(s), hostjockeys.com, are not included in any spam block list used by You or Your mail provider.
4.3 Providing false or inaccurate contact information of any kind may result in the Termination for Cause of Your account per Section 3 of this Agreement.
4.4 You are responsible for all activity transpiring under Your account. We therefore highly recommend that You secure file, directory, and script permissions to the most restrictive settings possible. You agree that You have the technical ability to properly operate a web site and that You are responsible for any actions performed under Your account, including but not limited to, damage caused to Your site, HostJockeys' site and/or equipment, and any other site.
Keep your login credentials secure, this is your responsibility!
Please be sure to keep your email address updated too. We do most of our correspondence over email.
Also, be careful when giving out your account information. Any activity on your account is your responsibility.
5. INTELLECTUAL PROPERTY RIGHTS
All Services provided by HostJockeys may only be used for lawful purposes.
5.1 As between You and HostJockeys, HostJockeys acknowledges that it claims no proprietary rights in or to the content (including without limitation, text, software, music, sound, audio visual works, motion pictures, photographs, animation, video and graphics) supplied by You for use on Your web site ("Your Content"). You hereby grant to HostJockeys a non-exclusive, worldwide and royalty-free license to copy, make derivative works, display, perform, use, broadcast and transmit on and via the Internet Your Content, solely for the benefit of You and to enable HostJockeys to perform its obligations hereunder.
5.2 In connection with performance of the Services and at the sole discretion of HostJockeys, HostJockeys may (but is not obligated to) provide You with certain materials, including, without limitation, computer software (in object code or source code form), data, documentation or information developed or provided by HostJockeys or its suppliers under this Agreement, domain names, electronic mail addresses and other network addresses assigned to You, and other know-how, methodologies, equipment, and processes used by HostJockeys to provide You with the Services ("Host Materials"). Subject to the terms and conditions of this Agreement, HostJockeys hereby grants You a limited, revocable, non-transferable, non-exclusive license to use the Host Materials solely in connection with the Services. This license terminates when this Agreement terminates. As between You and HostJockeys, You acknowledge and agree that HostJockeys owns all right, title, and interest or otherwise has acquired all applicable licenses for the Host Materials, and all copyright, trade secret, patent, trademark and other intellectual property rights therein. Any use of the Host Materials after termination of this Agreement is not licensed and strictly prohibited. You agree that You will not upload, transmit, reproduce, distribute or in any way exploit any Host Materials obtained through the Services without first obtaining the express written permission to do so from HostJockeys.
5.3 This Agreement does not constitute a license to use HostJockeys' trade names, service marks or any other trade insignia. Any use of any of HostJockeys' trade names, service marks or any other trade insignia is strictly prohibited, absent HostJockeys' prior written consent.
5.4 If We are required to enlist the assistance of a Lawyer or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of a Lawyer to pursue injunctive relief against You, or if We are required to file an ICANN complaint against You in order to bring about the transfer of an offending URL to Us from You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages, or in order to seek injunctive relief from You, or in order to file and prosecute an ICANN complaint.
5.5 You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.
All of your content belongs to you - not HostJockeys! You are simply granting HostJockeys permission to link your content to the internet.
If we end up providing you with any additional software, the terms of this agreement apply to it.
We hope that you love the HostJockeys service, but there are some legal boundaries when it comes to using our names and trademark. Reach out to us before doing so.
Misuse of our service can be costly to us. If misuse ends in damages, you may have to reimburse our legal fees.
6 DMCA Notice and Takedown Policy
HostJockeys.com ("HostJockeys") implements the following DMCA Notice and Takedown Policy. HostJockeys respects the intellectual property rights of third parties, and expects others to do the same. As part of our effort to recognize the copyrights of third parties, HostJockeys complies with the U.S. Digital Millennium Copyright Act ("DMCA") and is therefore protected by the limitations on liability recognized by 17 U.S.C. § 512; commonly known as the "safe harbor" provisions of the DMCA. HostJockeys' infringement notification procedure, counter-notification procedure, and takedown policies, are set forth below.
HostJockeys respects the intellectual property of third parties and complies with the US DMCA. Our DMCA policies are explained in the following sections.
7 Notice of Claimed Infringement
7.1 Abuse Warning
The DMCA permits copyright owners, or their authorised agents, to submit notifications to service providers, such as HostJockeys, requesting that infringing material hosted on HostJockeys' servers be disabled or removed. Importantly, the DMCA imposes significant penalties – including court costs and attorneys fees – on those who abuse the infringement notification procedure, by misrepresenting either that material is infringing, or was removed by mistake. See; 17 U.S.C. § 512(f). HostJockeys will pursue those who abuse its DMCA notice or counter-notification procedure, and will cooperate with law enforcement in any investigation of such abuse. Please make sure that you meet all the qualifications before submitting a DMCA notice to our Designated Agent.
7.2. Notification Contents and Procedure
If you believe that your work has been copied, reproduced, altered or published in a way that constitutes copyright infringement under federal law, or your copyrights have been otherwise violated, please submit a DMCA notice to HostJockeys' Designated Copyright Agent, containing the following:
an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on HostJockeys' servers (preferably including specific URL's associated with the material);
your full name, address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent(s), or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
Please do not send other Enquiries or information to our Designated Agent.
If your copyrighted work is being infringed by someone using the HostJockeys service, you may submit a DMCA notice to our DMCA agent.
You also agree that you won't abuse the DMCA claim process. Thank you for making this process smoother for our team.
8. Takedown Policies and Procedures
HostJockeys implements the following Takedown Policies and Procedures. Upon receipt of any notification of claimed copyright infringement, HostJockeys will act expeditiously to notify its customer of the alleged infringement, and take steps to disable or remove the subject material. DMCA Notices are generally processed within two (2) business days from receipt, absent extenuating circumstances. HostJockeys reserves the right at any time to disable access to, or remove any material or expressive work accessible on or from its servers or services, that is claimed to be infringing via a valid DMCA Notice, or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of HostJockeys to terminate the account of repeat copyright infringers, when appropriate, and HostJockeys will act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. §512 of the DMCA. The procedure for notifying HostJockeys of claimed copyright infringement is set forth in Section 7.2, hereof. If the DMCA notice does not comply with §512 of the DMCA, but does substantially comply with the (3) three requirements for identifying infringing works according to §512 of the DMCA, HostJockeys shall attempt to contact or take other reasonable steps to reach the complaining party to assist that party comply with sending a compliant DMCA Notice. As noted above, when HostJockeys' Designated Agent receives a valid notice, HostJockeys will act expeditiously to remove and/or disable access to the infringing material and shall notify the affected customer or subscriber. Then, the affected customer or subscriber may submit a counter-notification to the Designated Agent, using the counter-notification procedures set forth below. HostJockeys reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back to this page to stay current on any modifications.
HostJockeys will attempt to resolve DMCA claims as quickly as possible. Affected customers of the DMCA claim may submit a counter-notification to our DMCA agent.
9. Counter-Notification Procedures
If the Recipient of a Notice of Claimed Infringement ("Notice") believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed/disabled in accordance with the procedures outlined above in Section III above, the Recipient is permitted to submit a counter-notification pursuant to 17 U.S.C. § 512(g)(2) & (3). A counter-notification is the proper method for the Recipient to dispute the improper removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations contained in the counter-notification pursuant to 17 U.S.C. § 512(f).
9.1 To initiate a counter-notification, the Recipient must submit to HostJockeys' Designated Copyright Agent the following information:
a specific description of the material that was removed or disabled pursuant to the Notice.
a description of where the material was located within HostJockeys or the Content before such material was removed and/or disabled (preferably including specific URL's associated with the material.)
a statement reflecting the Recipient's belief that the removal or disabling of the material was done so erroneously. For convenience, the following language may be utilized:
"I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled."
a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person's agent.
the Recipient's physical address, telephone number, and email address.
After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward the counter-notification to the original claimant who first provided the Notice identifying the allegedly infringing material.
Within ten to fourteen (10-14) days from HostJockeys' receipt of a valid counter-notification, HostJockeys will replace or cease disabling access to the disputed material unless HostJockeys' Designated Agent receives notification that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on HostJockeys' system or network.
If a DMCA claim sent to a customer is false, the affected customer may contact our DMCA agent with a counter-notification. HostJockeys will restore access within 10-14 days after receiving a counter-notification, unless the original claimant has filed a court order.
10. Service Provider Customers of HostJockeys
Some of HostJockeys' customers are, themselves, "Service Providers" within the meaning of 17 U.S.C. § 512(k)(1). Accordingly, HostJockeys requests that any DMCA Notices relating to alleged infringement by third party users, customers or subscribers of HostJockeys' Service Provider Customers be submitted directly to the DMCA Agent designated by such customer.
Some of HostJockeys' customers are also service providers.
If you have a DMCA claim related to this type of service provider, we ask that you work with them first by sending the DMCA claim to their designated agent.
HostJockeys reserves the right to modify, alter or add to the DMCA policy set forth in Sections 6-10 above, and all users should regularly check back regularly to stay current on any such changes.
12. CONTENT AND ACCEPTABLE USE POLICY
12.1 You agree to comply with HostJockeys' Acceptable Use Policy ("AUP"), which may be found by accessing HostJockeys' web site at http://hostjockeys.com/whmcsl/acceptable_use_policy/, which policy is hereby incorporated by reference as an indispensable part of this Agreement. HostJockeys reserves the right to modify the AUP at any time by posting the modified policy on its web site. You agree to monitor the HostJockeys.com home page for any changes to the AUP. Your continued use of the Services after the effective date of any changes to the AUP constitutes Your manifestation of intent to be bound by such changes. HostJockeys may, at its sole discretion, immediately terminate Your access to the Services, or this Agreement, if Your conduct violates the AUP, or if any of Your end users' conduct violates the AUP.
12.2 HostJockeys will not actively monitor the content of the websites being hosted by HostJockeys.com, although HostJockeys.com, at its sole discretion, may elect to electronically monitor its network and may disclose any content or records concerning Your account as necessary to satisfy any law, regulation, or other governmental request or to properly operate Our network and protect any of Our customers. HostJockeys will investigate complaints of a violation of a third party right or of the AUP. HostJockeys will cooperate with those attempting to minimize Internet abuse and reserves the right to institute "filters" or other mechanisms for that purpose. HostJockeys will cooperate with law enforcement authorities and reserves the right to notify such authorities if it suspects that You or any of Your end users are engaged in illegal activities. Nothing contained in this Section, or anywhere in this Agreement, is intended to bestow any rights on any third party, and no third parties shall be entitled to enforce any terms of this Agreement between the Parties.
12.3 You acknowledge and expressly agree that HostJockeys will not be liable to You or any of Your end users for any action HostJockeys takes to remove or restrict access to the Services for any alleged violation of the AUP, or exercising its rights as a Good Samaritan under the Telecommunications Act of 1996 (47 U.S.C. § 230(d)) or under the Digital Millennium Copyright Act of 1998 (See Section 12.8 below).
12.4 HostJockeys may, at its sole discretion, immediately terminate Your access to the Services, and terminate this Agreement for cause, if Your conduct violates the acceptable uses outlined below, or if any of Your end users' or downstream customers' conduct violate such acceptable uses.
12.5 HostJockeys takes the issue of child pornography very seriously, and any potential harm to minors using our services is strictly prohibited. Content that is or may be perceived to be child pornography will be immediately removed from public access upon notification or detection by Us. Additionally, HostJockeys reserves the right to terminate any account whose website(s) hosts or links to child pornography immediately and without notice to You. If the account is a HostJockeys reseller account, the account will be suspended and the reseller will be directed to terminate the responsible account. You agree to cooperate in any such efforts. Content or communications seeking to solicit, lure or entice minors into sexual activity or lewd behavior is also strictly prohibited, and will be treated the same as, or similar to, child pornography, consistent with applicable law. You agree to cooperate with HostJockeys in any effort to investigate, disable or remove such content originating with Your end-users. Consistent with federal law, HostJockeys will cooperate with law enforcement authorities and will notify such authorities if it suspects that You or any of Your downstream customers or end users are engaged in any such illegal activities.
12.6 In accordance with the reporting requirements of 18 U.S.C. § 2258A, We will report to the CyberTipline (www.cybertipline.com) any actual knowledge of apparent violations of 18 U.S.C §§ 2251, 2251A, 2252, 2252A, 2252B, 2260, or 1466A. If You suspect any instances of child pornography appearing on sites hosted by HostJockeys, We encourage You to send such reports to Our abuse address (email@example.com), and include the file name and/or URL (or other location on the customer's site), victim (if known), date of birth, date of production, and any other information about the suspect image(s). Do not send the image(s) in question. Alternately, You may use the CyberTipline to report suspected child pornography. Reports involving sites not hosted by HostJockeys should be directed to law enforcement or to a cooperating child pornography organization such as: https://www.asacp.org/index.php?content=report.
12.7 We respect the intellectual property rights of all parties and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available on request to our clients.
12.8 Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material on Your site. You agree not to allow minors to view any such site, and agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), you are hereby informed that you can research such services at websites, such as www.asacp.org. Please note that this Site makes no representation or warranty regarding any of the products or services referenced on such sites, and recommend that the user conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing this site if Your computer can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site from being displayed or accessed by Your children or wards.
Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that HostJockeys operates as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of Your content (including third-party content published on Your website(s)). We do not create such content, and We are not responsible for the publication of remarks or communications of You or third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows HostJockeys to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our immunity status as an interactive computer service. Nothing contained in this paragraph is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act. In the event that any court finds that any third party communication or third party content hosted by us falls outside of the realm of the immunity provided by the CDA, this shall not be deemed to be a waiver of any legal protections provided by Section 230 for any and all other content posted on our Website or hosted via our Services.
12.9 Specific Requirements for Service Provider and User-Generated Content Subscribers
If You use Our Services for any site, sub-domain, page or business model that allows Your end users or customers to control or upload material to Internet space assigned to You by Us, You shall be deemed to be acting as a "Service Provider" with respect to such services and/or customers. Service Providers include but are not limited to Clients which; a) resell bandwidth as hosts to third parties; b) operate user-generated content sites such as forums, "tube" sites, review sites, and online classified advertising sites; c) operate search engi