Terms of Service: The Long Story Short
You can host adult sites, but nothing illegal such as child pornography. All members must comply with USC Title 18 Section 2257, whether or not you are a citizen of the US, as the server is hosted in the US.
No eggdrop bots, spam software, warez, etc.
You may only use your disk space for content which you own or have permission to use. Creative Commons encouraged.
Don’t use your accounts to spam, hack, taunt, harrass, or wreck havoc on other people or their virtual property. These things will result in legal action.
These rules are enforced. Don’t test me.
thecounterculture.org: Terms Of Service (Legal Version)
Description Of Services:
thecounterculture.org is a web server provider. We provide disk space and connection to the internet to allow our clients to post their content on the web. We provide disk space for website hosting, e-mail, application and database hosting. We also provide web design.
Authorization Of Charges:
The client may authorize thecounterculture.org to charge their credit or debit card as payment on a month to month basis, or to make payments in advance. If authorization for the charges fails through the credit provider, thecounterculture.org will suspend access to the client’s account until the client has made payment by check, money order, or other credit card. Checks will be held for ten (10) days to clear. thecounterculture.org reserves the right to refuse, suspend, or cancel account(s) due to non-payment by the client. Client agrees to inform thecounterculture.org of any changes to payment information (credit card billing address, etc.).
Content:
All services provided by thecounterculture.org are to 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 or obscene, or material protected by trade secret and other statute. The client agrees to indemnify and hold harmless thecounterculture.org and its employees from any claims resulting from the use of the service which damages the client or any other party.
Pornography and sex-related merchandising are allowed on all thecounterculture.org servers. This includes sites that may infer sexual content, or links to adult content elsewhere. thecounterculture.org will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to thecounterculture.org servers or any other server on the Internet. Links to such materials are also prohibited.
MP3s are prohibited unless you own the copyright to the music. Pirated software, hacker programs or archives, and warez sites are also prohibited.
If the client allows others to link to graphics, banners, CGI scripts, etc. on his or her account, that usage will be considered a part of the account usage and the client will be charged accordingly.
thecounterculture.org reserves the right to cancel or suspend an account at any time if the client or any pages within his or her account are found to be violating thecounterculture.org’s prohibitions.
Spam Policy
thecounterculture.org servers may not be the source, intermediary, or destination address involved in the transmission of Spam, flames, or mail bombs. Client’s domain or IP may not be referenced as originator, intermediary, or reply-to address in any of the above.
thecounterculture.org considers Spam to be any unsolicited message in the mediums of newsgroups and e-mail.
The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of three-hundred (300) US dollars will be imposed for each spam policy violation. thecounterculture.org is the sole arbiter as to what constitutes a violation of the above provisions.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of thecounterculture.org is strictly prohibited, and legal action will be sought in the case of violation
Refusal Of Service
thecounterculture.org reserves the right to refuse, suspend, or cancel an account at our sole discretion. If a client has been found in violation of this Terms Of Service, thecounterculture.org reserves the right to refuse return of payment. In the case of the client causing damage to the server, thecounterculture.org reserves the right to seek financial compensation in a court of law.
Indemnification
Client agrees that it will defend, indemnify, and hold harmless thecounterculture.org from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney’s fees, asserted against thecounterculture.org, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.
The client agrees that it will defend, indemnify, and hold harmless thecounterculture.org against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with thecounterculture.org’s servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the client’s customer from thecounterculture.org’s servers.
thecounterculture.org assumes no liability of the client for failure to follow this agreement and any results caused by the acts, omissions or negligence of the client, sub-contractor or an agent of client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the client’s products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.
Disclaimer
thecounterculture.org will not be held responsible for any damages the client or the clients’ business may suffer. thecounterculture.org makes no warranties of any kind, expressed or implied, for services rendered. thecounterculture.org disclaims any warranty or merchantability or fitness for a particular purpose. thecounterculture.org assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of “Acts of God” or force majeure. thecounterculture.org will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will client be entitled to recover damages from thecounterculture.org.
Term
The term of this agreement will continue until a notice of cancellation by thecounterculture.org or client is given, or until terminated under other provisions of this agreement. thecounterculture.org reserves the right to terminate this agreement without cause upon notification to the client. thecounterculture.org may further terminate this agreement immediately without notice at any time the client breaches any part of this agreement, or if any program or facility used by thecounterculture.org to implement this agreement is disrupted or terminated for any reason.
Presumption of Agreement
By signing up with thecounterculture.org, be it using thecounterculture.org’s online sign up form or contacting in any way an employee, officer, agent, and director with request for thecounterculture.org to provide client services, client (1) authorizes thecounterculture.org to take the actions necessary in order to setup Client’s account, including charging credit card supplied by client at time of sign up; and (2) agrees to each and every provision set forth in this agreement and shall hold to said agreement in the court of law.
Default
In the event client defaults in any provision or fails to perform pursuant to this agreement, thecounterculture.org will be entitled to damages, costs, and attorney’s fees from the client.
Invalid or Non-enforceable Provisions
The invalidity or non-enforceability of any provision of this agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted.
Choice of Law / Venue
This agreement will be construed and enforced in accordance with the laws of the District of Columbia and the venue for any action, dispute or proceeding with respect to this agreement will be in Washington, DC.
Captions
The captions in this agreement are for convenience only and will not be used in interpreting, construing, performing or enforcing this agreement.
Amendments and Modifications
thecounterculture.org may make amendments or modifications to this agreement at any time. Whenever practical, thecounterculture.org will notify client of changes to this agreement.