Keep up the good Work!
Your technical support is fast and always very helpful. In my business that is the biggest concern. I have never had to worry since I signed up with ImageLinkUSA.
Marc Holt
(Holt WorldWide)
To keep our standards high, and reach our goal of providing first class service to all our clients, we must have in place strict standards on items of possible abuse. These items include SPAM, insecure scripts and SSH access. Each item is listed below and we highly recommend all our clients to review.
By submitting an online order form, or by using ImageLinkUSA's
service, Customer hereby agrees to the following Acceptable Use
Policy (AUP). Customer agrees that it shall comply with and require
its end users to comply with this AUP, ImageLinkUSA's Terms of
Service (TOS), ImageLinkUSA's No-Spam Policy (NSP), and ImageLinkUSA Privacy Policy. In this document, the word Agreement, with
a capital A, refers to the TOS, the AUP, the NSP, and the Privacy
Policy collectively.
1. Introduction, Purpose, and
General Terms.
1.1.
This Web site gives you the ability to learn
about ImageLinkUSA and its products and services as well as the
ability to access our network and services (ImageLinkUSA Services).
By using this site, and any other sites or services owned, operated,
or provided by ImageLinkUSA, you signify your agreement to the
terms, conditions and notices of this policy. You when used in
the Agreement shall mean the ImageLinkUSA Customer of record
and that ImageLinkUSA Customers end users.
1.2.
This Acceptable Use Policy is used in conjunction
with the terms of service (TOS), the No-Spam Policy (NSP), and
the Privacy Policy. Violating any of these policies and agreements
grants ImageLinkUSA the authority to take action to restrict
or terminate your access to ImageLinkUSA Services. ImageLinkUSA
reserves the right, at its sole discretion, to update or revise
this policy, any other policy or statement on any ImageLinkUSA
Web site, and any product offerings or programs described on
any ImageLinkUSA Web site. Please check back periodically to
review any changes to this policy.
1.3.
This document sets forth the principles, guidelines and requirements
of the Acceptable Use Policy of ImageLinkUSA (Company) governing
the use by the Customer (Customer) of the Companys services and
products (Services and Products). The purpose of ImageLinkUSAs
Acceptable Use Policy (the AUP) is to comply with all international,
federal, state, and local laws and to protect the network security,
network availability, physical security, Customer privacy, and
other factors affecting the services provided by ImageLinkUSA.
ImageLinkUSA reserves the right to impose reasonable rules and
regulations regarding the use of its services provided to all
Customers and such rules and regulations are subject to change.
1.4.
In order to maintain an informative and valuable service that
meets the needs of the users of this site and ImageLinkUSA Services,
the rules in this AUP have been established to protect against
abuse. The AUP is not an all-inclusive, exhaustive list and ImageLinkUSA reserves the right to revise, amend, or modify the AUP at
any time as needed, effective upon either the posting of the
revised, amended, or modified AUP to
or notification to the Customer via e-mail to the e-mail address
of Customer as set forth in the Service Descriptions.
1.5.
Any violation of the AUP may result in the suspension
or termination of your account or such other action, as ImageLinkUSA deems appropriate. No credits will be issued for any interruption
in service resulting from violations of the AUP.
1.6.
VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY
PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION
OF THE SERVICES YOU RECEIVE FROM ImageLinkUSA.
1.7.
Any questions or comments regarding the AUP should
be directed to ImageLinkUSA by e-mail to the following e-mail
address
admin[at]imagelinkusa.net,
for issues concerning the AUP.
2. General Prohibitions.
You may not use this site or ImageLinkUSAs Services
for any purpose that is unlawful or in any manner that could
damage, disable, overburden or impair the operation of this site,
the ImageLinkUSA Network, or ImageLinkUSAs Services, or any other
partys use or enjoyment of this site, the ImageLinkUSA Network,
or ImageLinkUSAs Services.
2.1.
You may not use this site or ImageLinkUSAs Services
for any purpose that is unlawful or in any manner that could
damage, disable, overburden or impair the operation of this site,
the ImageLinkUSA Network, or ImageLinkUSAs Services, or any other
partys use or enjoyment of this site, the ImageLinkUSA Network,
or ImageLinkUSAs Services.
2.2.
Adult Content Prohibited.
2.2.1.
Adult-oriented sites demand special system, network,
and bandwidth requirements. ImageLinkUSA does not accommodate
those extraordinarily large requirements in its standard shared,
e-commerce, reseller, and semi-dedicated hosting plans. Therefore
you may not use ImageLinkUSA’s services for adult-oriented
and pornography sites. This includes sites that may include sexual
content, or links to adult content elsewhere.
2.2.2.
Where allowed by applicable law, ImageLinkUSA
does not prohibit you from posting a static Web page that meets
all of the following criteria:
"
the page merely advertises an adult service and
provides information about how to contact the service offline,
i.e., by telephone, facsimile, or postal mail and not via a link
from a Web site that uses ImageLinkUSA’s services;
"
the page does not display any sexually explicit content and
does not link to any Web page or site displaying any sexually
explicit content; and
"
the page does not require a user to log in with a username
or password to access any of the Web site’s content.
2.2.3.
In some jurisdictions, even the notice and advertisement
of adult-oriented services may be illegal. It is your sole responsibility
to learn the laws that govern what you are and are not allowed
to post on your Web site. As part of your agreement with ImageLinkUSA, you must comply with all such applicable laws.
However, ImageLinkUSA cannot and does not advise you or make
any recommendations to you about the existence of any such laws
in a particular jurisdiction. Nor does ImageLinkUSA advise you
about how to comply with any such laws. Furthermore, laws vary
throughout the United States of America and all over the world,
so you should contact your legal advisor for more information
and specific recommendations concerning the kinds of online materials
that are legal in your region.
2.2.4.
If you use ImageLinkUSA’s service to publish
any content that any applicable law deems “harmful,”
“inappropriate,” or “unsuitable” for
minors (persons under 18 years of age), then you must provide
appropriate protection to prevent minors from accessing that
content. Such protection is your sole responsibility because
ImageLinkUSA does not censor the content of your Web sites and
pages.
2.2.5.
If you have a reseller account with ImageLinkUSA,
you may not resell our hosting services to any clients or customers
that sell adult content.
2.2.6.
You may not use ImageLinkUSA’s services
to sell or solicit sales for any of the following items, products
or services because they are or may be illegal in one or more
jurisdictions where ImageLinkUSA’s services are offered,
or where they can be viewed through ImageLinkUSA’s services:
"
Online pornography or adult content for which a viewer must
subscribe to access it,
"
Adult content-related products or services (including X-rated
videos, pictures, etc. especially of individuals under 18 years
of age), and
"
Obscene materials, as defined by law.
If we find any of your sites (or any of the sites
of your customers, if you have a reseller account) to be selling
any of the prohibited products or services, the offending accounts
shall be subject to immediate account termination.
3. Compliance with Law.
Customer shall not use ImageLinkUSAs Service
or any other service or network to post, upload, transmit, retransmit,
store, distribute or facilitate the distribution of any content,
including without limitation text, communications, software,
images, sounds, data, or other information that, in ImageLinkUSAs
sole discretion:
3.1.
violates, attempts to violate, or helps any third
party to violate any local, state, federal, international, or
non-United States law, ordinance, or regulation,
3.2.
is threatening, obscene, indecent, pornographic,
abusive, harassing, libelous, defamatory, deceptive, fraudulent,
invasive of anothers privacy, tortious, inaccurate, or that otherwise
could adversely affect any individual, group or entity (collectively,
Persons),
3.3.
threatens or encourages bodily harm or destruction
of property,
3.4.
harms any person,
3.5.
victimizes, harasses, degrades, or intimidates
an individual or group of individuals on the basis of religion,
sex, sexual orientation, race, ethnicity, national origin, immigration
status, age, disability, or any other reason,
3.6.
is posted in violation of a newsgroup charter,
3.7.
contains viruses, corrupted files, or any other
similar software or programs that may damage the operation of
anothers computer,
3.8.
violates any terms or conditions of any other
network access provider or Internet service provider,
3.9.
violates the rights of any person, including
rights protected by copyright, trade secret, patent or other
intellectual property or similar laws or regulations including,
but not limited to, the installation or distribution of pirated
information content or data or other software products that are
not appropriately licensed for use by Customer. Customer shall
be responsible for determining what laws or regulations are applicable
to its use of the Services and Products,
3.10.
adds, removes, or modifies identifying network
header information in an effort to deceive or mislead any person.
Additionally, attempting to impersonate any person by using forged
headers or other identifying information is prohibited. However,
the use of anonymous remailers or nicknames does not by itself
constitute impersonation, unless such use is made with the intent
to deceive, defraud, or mislead any person or to violate any
applicable laws or regulations,
3.11.
collects, attempts to collect, or helps any third
party to collect personal information about third parties without
their knowledge or consent or in a manner that violates applicable
laws concerning privacy,
3.12.
has a negative effect on ImageLinkUSA or its
network (including, without limitation, overloading servers on
the ImageLinkUSA Network; causing portions of the ImageLinkUSA
Network to be blocked by other network providers; generating
unresolved third party complaints or complaints which, in the
discretion of ImageLinkUSA, impose an unreasonable administrative
burden on ImageLinkUSA; etc.), or
3.13
violates the prohibition on terrorist content
and activities described below.
Terrorist Content Prohibited.
3.13.1. The United States Homeland Security Act of 2002 defines
“terrorism” as
“any activity that—
(A) involves an act that—
(i) is dangerous to human life or potentially destructive
of critical infrastructure or key resources; and
(ii) is a violation of the criminal laws of the United States
or of any State or other subdivision of the United States ; and
(B) appears to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation
or coercion; or
(iii) to affect the conduct of a government by mass destruction,
assassination, or kidnapping.”
(Pub. L. 107-296 (2002) § 2(15)).
3.13.2. You may not use ImageLinkUSA’s services to do
any of the following acts by any means:
3.13.2.1. engage in terrorism,
3.13.2.2. solicit any other individual or organization to
engage in terrorism,
3.13.2.3. conspire with any other individual or organization
to engage in terrorism,
3.13.2.4. help any other individual or organization to engage
in terrorism, or
3.13.2.5. knowingly engage in commerce with any of the following
individuals or organizations
3.13.2.5.1. those persons listed in the Annex to the Executive
Order No. 13225 of President George W. Bush (September 25, 2001)
(referred to in this AUP as “the Executive Order”),
as it may be amended from time to time, a copy of which is available
online at the following Web page:
3.13.2.5.2. foreign persons that the Secretary of State of
the United States of America has determined have committed or
pose a significant risk of committing acts of terrorism against
the United States or its people;
3.13.2.5.3. businesses and organizations that the Secretary
of State of the United States of America has determined are owned,
controlled by, or acting on behalf of terrorists or persons suspected
of terrorism; and
3.13.2.5.4. persons whom the Secretary of the Treasury of
the United States of America , in consultation with the Secretary
of State and the Attorney General of the United States of America
, has determined are:
3.13.2.5.4.1. helping terrorists or suspected terrorists by
giving them money, material, or technology; or
3.13.2.5.4.2. associated otherwise with terrorists or suspected
terrorists.
3.13 .2.5.5. transactions that avoid or attempt to avoid the
prohibitions of the Executive Order; and
3.13 .2.5.6. conspiracies to violate the Executive Order;
3.13.2.6. knowingly engage in transactions or dealings in
money, goods, or services with terrorists, suspected terrorists,
or terrorist organizations; or
3.13.2.7. make donations to terrorists and suspected terrorists.
3.13.3. While ImageLinkUSA is not giving you legal advice
or a consulting recommendation about how to comply with this
no-terrorism policy or with the applicable laws that prohibit
terrorism in the United States of America or in other countries,
you may find the following general strategies helpful in complying
with these requirements.
3.13.3.1. Verify the identity of any person who wants to buy
goods, services, or information through your Web site. This includes,
but is not limited to, the resale of hosting services if you
have a reseller account with ImageLinkUSA.
3.13.3.2. Check the names of any persons or organizations
attempting to buy from your Web site against the Annex in the
Executive Order.
3.13.3.3. Work with the company that provides transaction
payment and fraud-prevention services for your e-commerce Web
sites. The provider may be able to automate the identity checking
for you.
4. System and Network Security.
Violations of system or network security are strictly prohibited,
and may result in criminal and civil liability as well as termination
of services from ImageLinkUSA. ImageLinkUSA investigates all
incidents involving such violations and will cooperate with law
enforcement if a violation of the criminal law is suspected.
You are responsible for any misuse of your account, even if
a friend, family member, guest, agent, or employee committed
the inappropriate activity while using your account. Therefore,
you must take steps to ensure that others do not gain unauthorized
access to your account. In addition, you may not use your account
to breach the security of another ImageLinkUSA account or attempt
to gain unauthorized access to another network or server.
Examples of system or network security violations include,
without limitation, the following:
4.1.
Introduction into the network or server of any
malicious program (examples: viruses, worms, Trojan Horses, logic
bombs, and other executables intended to inflict harm).
4.2.
Introduction into the network or server of any
self-extracting file or program containing any malicious program
as specified in Section 4.1 of this AUP.
4.3.
Introduction into the network or server of any
data, parameter, configuration, template, or control files for
software applications that contain destructive macros or other
malicious code.
4.4.
Introduction into the network or server of any
encrypted or compressed file or archive such as .zip or .gz files
that contains any malicious program as specified in paragraphs
4.1 through 4.3 of this AUP.
4.5.
Effecting security breaches or disruptions of
Internet communication and/or connectivity. Security breaches
include, but are not limited to, accessing data of which the
Customer is not an intended recipient, logging into a server
or account that the Customer is not expressly authorized to access,
or exceeding the access to a server or account that has been
granted to the Customer. For purposes of this section, disruption
includes, but is not limited to port scans, flood pings, email-bombing,
packet spoofing, IP spoofing, and forged routing information.
4.6.
Executing any form of network activity that will
intercept data not intended for the Customer.
4.7.
Circumventing user authentication or security
of any host, network or account.
4.8.
Interfering with or denying service to any user
other than users of the Customers host (examples: denial of service
attack or distributed denial of service attack).
4.9.
Using any program script/command, or sending
messages of any kind such as a punter, designed to interfere
with or to disable, a users terminal session, via any means,
locally or via the Internet.
4.10.
Attempting to use or gain unauthorized access
to data, accounts, hosts, servers, systems or networks of this
site, or to probe, scan or test the vulnerability of a system
or network of this site, any ImageLinkUSA Services or those of
any other party.
4.11.
Interfering with service to any user, host or
network including, without limitation, mail-bombing, flooding,
or attempting to overload the system.
4.12.
Forging any TCP-IP packet header or any part
of the header information in an e-mail or a newsgroup posting.
4.13
Falsifying address information or otherwise modifying
e-mail headers to conceal the senders or the recipients identity.
5. Internet Etiquette.
The Customer agrees to observe and abide by reasonable
Internet etiquette (Netiquette). The Customer shall comply with
the rules appropriate to any network to which ImageLinkUSA may
provide access. The Customer should not post, transmit, or permit
Internet access to information the Customer desires to keep confidential.
The Customer shall not post any material that is illegal, is
libelous, is otherwise tortious, indecently depicts children,
or is likely to result in retaliation against ImageLinkUSA by
offended users. ImageLinkUSA reserves the right to refuse or
terminate service at any time for violation of this section.
This includes, but is not limited to, advertising services or
sites via Internet Relay Chat (IRC) or USENET in clear violation
of the policies of the IRC channel or USENET group.
6. Child Pornography.
ImageLinkUSA will cooperate fully with any criminal investigation
into a Customers violation of the Child Protection Act of 1984
concerning child pornography, or any other applicable international,
federal, state, or local law that prohibits child pornography.
Customers are ultimately responsible for the actions of their
clients over ImageLinkUSA network, and shall be liable for illegal
material posted by their clients.
According to the Child Protection Act, child pornography includes
photographs, films, video, or any other type of visual presentation
that shows a person who is or is depicted as being under the
age of eighteen years and is engaged in or is depicted as engaged
in explicit sexual activity, or the dominant characteristic of
which is the depiction, for a sexual purpose, of a sexual organ
or the anal region of a person under the age of eighteen years
or any written material or visual representation that advocates
or counsels sexual activity with a person under the age of eighteen
years.
Violations of the Child Protection Act may be reported to
the U.S. Customs Agency at 1-800-BEALERT
7. ImageLinkUSA No-Spam Policy
(NSP).
7.1.
Customer shall comply with all the terms and
conditions of ImageLinkUSAs No-Spam Policy (NSP) as described
in this Section 7. Violation of the NSP shall be deemed a violation
of this AUP and of the Customers Agreement with ImageLinkUSA.
7.2.
At ImageLinkUSA, we are committed to providing
valuable hosting services to our valued customers.
7.3.
An important part of ImageLinkUSAs mission is
to be a respected and responsible member of the business and
Internet communities. We take seriously our role in protecting
our customers and the general public from nuisances such as spam.
This section describes our NO-SPAM Policy. Please read it carefully,
because it contains important information and because it is a
material part of your Agreement with ImageLinkUSA.
7.4.
To report any spam you receive that identifies
itself as coming from the imagelinkusa.net servers or claims to
be related to ImageLinkUSA in any way, please send an e-mail
message to us at admin[at]imagelinkusa.net. In your message to us, please
include a complete and accurate copy of the message that you
consider to be spam, along with full message headers and routing
information for e-mail, a message board provided by a Web site
or an online service, Usenet, interactive chat message, or instant
message service, as the case may be.
7.5.
Definition of Spam.
Unsolicited commercial e-mail and electronic messages are
colloquially referred to as spam. Other common names for spam
include spam e-mail, junk e-mail, bulk e-mail, direct e-mail,
and mass e-mail. Spam is the electronic equivalent of the direct
mail you receive in your postal mailbox frequently.
In its most general terms, and as used in this NO-SPAM Policy
(the Policy), spam is:
"
a commercial e-mail message or other electronic
message, including, but not limited to, messages that are:
"
posted to an electronic mailing list (other than
an opt-in e-mail list as described below),
"
posted on an online bulletin board system or
Web-based message board system or guest book,
"
posted to a Usenet newsgroup,
"
posted to the common area of an online community,
group, or club,
"
posted in a chat room,
"
posted in a message board of a commercial online
service (such as America Online),
"
posted to a Weblog (blog),
"
sent via an instant message system (such as ICQ,
Yahoo! Pager, Yahoo! Instant Messenger, or AOL Instant Messenger),
"
sent through e-mail or another Internet means
of communication when the messages ultimate destination is a
facsimile (fax) machine, cellular or wireless telephone, or wireless
device,
"
a commercial e-mail message or other electronic
message that is addressed to one or more recipients with whom
you do not have an preexisting business or personal relationship,
"
a commercial e-mail message or other electronic
message that is sent to a mailing list of addresses that you
purchased or that were otherwise distributed, or any list of
e-mail addresses whose owners did not sign up for your specific
mailing list, including without limitation lists commonly known
as affiliate lists,
"
a commercial e-mail message or other electronic
message that is not sent at the request of, or with the express
consent of, the recipient(s),
"
a commercial e-mail message or other electronic
message that is sent to a recipient who has opted out of receiving
further commercial electronic messages from you, or
"
a commercial e-mail message or other electronic
message that contains forged headers, compromised mail server
relays, or false contact information.
For purposes of this Policy, spam
also includes any e-mail or other electronic message that is
sent in violation of any applicable Federal, state, or local
law regulating unsolicited commercial e-mail, unsolicited fax
transmissions, or any other type of unsolicited commercial electronic
message, regardless of whether that message fits the definition
of spam provided above.
7.6.
Opt-in E-mail Lists.
Please note: messages sent to opt-in
e-mail lists are not spam, for purposes of this Policy, provided
that those messages meet all of the following criteria:
"
the messages are sent to an opt-in e-mail list
in which ALL subscribers have VOLUNTARILY agreed to receive announcements
and advertisements about products and services;
"
the messages STRICTLY COMPLY with ALL the requirements
and regulations of the opt-in e-mail list; and
"
upon request of any subscriber to the opt-in
e-mail list, you immediately stop sending that subscriber any
e-mail regarding your products and services.
If you choose to use an opt-in e-mail list, please be aware
that ImageLinkUSA will consider ANY violation of the requirements
or regulations of such any third party provider of software or
services for such a list to be a violation of this NO SPAM Policy.
Furthermore, ImageLinkUSA reserves the right to prohibit opt-in
e-mail lists in the future if such a prohibition is reasonably
necessary to keep its hosting service operating efficiently for
all users.
7.7.
Zero Tolerance for Spam.
ImageLinkUSA will not tolerate any spamming by any of its
Customers. This prohibition of spam extends to the sending of
unsolicited mass mailings from another service, which in any
way implicates the use of ImageLinkUSAs services whether or not
the message actually originated from our network.
Violation of this NO-SPAM policy will result in ImageLinkUSA
taking one or more of the following actions:
A warning via e-mail or telephone,
Suspension of your site until furthur notice,
Removal of DNS for the advertised/originating site, or
Temporarily blocking outgoing mail from your site.
Repeated violation of this NO-SPAM policy will result in immediate
disconnection of service with no re-activation.
ImageLinkUSA reserves the right to take all legal
and technical steps available to prevent unsolicited bulk e-mail
or other unauthorized e-mail from being sent from or transmitted
through the ImageLinkUSA Network.
PLEASE
NOTE: The transmission of spam, including the transmission of
counterfeit e-mail, may result in civil and criminal penalties
against the sender, under various federal, state, and local laws
and regulations, including the federal CAN-SPAM Act of 2003.
7.8
Indemnification of ImageLinkUSA.
You agree to defend, hold harmless,
and indemnify ImageLinkUSA from any harm or damages whatsoever
resulting directly or indirectly from your engaging in any spamming
practices or from your violation of any of the terms of this
NO SPAM Policy.
8. No Editing, Censoring, or
Control of Communications; Reservation of Rights.
Your participation in online communication or
use of any ImageLinkUSA service is not edited, censored, or otherwise
controlled by ImageLinkUSA. However, ImageLinkUSA reserves the
right to monitor content on this site and on any ImageLinkUSA
servers, networks, or systems and to remove content, disable
sites, or suspend or terminate services if ImageLinkUSA, in its
sole discretion, determines such content or user practices are
harmful, offensive, or otherwise in violation of this Acceptable
Use Policy.
9. Export Control Laws.
Exporting encryption software over the Internet from the United
States of America to countries other than the United States of
America and Canada violates United States law, unless you have
a license to do so from the Bureau of Industry and Security in
the United States Department of Commerce. You are solely responsible
for determining whether any of your software or other information
contains encryption software and whether you require a license
to export your software or information. You are also solely responsible
for complying with all applicable laws governing the export of
encryption products. For additional information, you may wish
to visit the Bureau of Industry and Securitys Web site at:
ImageLinkUSA makes no representation that materials
available on this site or any or through any ImageLinkUSA service
are appropriate or available for use in locations outside the
United States, and accessing them or using them from territories
where their contents are illegal is prohibited. Customers and
their users who access this site or any site hosted by ImageLinkUSA from locations outside the United States of America are
solely responsible for compliance with all applicable local laws
and regulations. Moreover, to the extent allowed by law, Customers
agree to defend, indemnify, and hold harmless ImageLinkUSA, its
parents, subsidiaries, partners, joint venturers, employees and
agents, and all their respective heirs, successors, and assigns
for any acts of Customer or Customers users that may violate
any applicable law.
You acknowledge and agree that copyrights, trademarks,
service marks, patents, trade secrets, and other proprietary
rights and laws protect all content and materials available on
this site or through any ImageLinkUSA service. Nothing on any
ImageLinkUSA Web site shall be interpreted or implied in such
a way as conferring any license or right to any intellectual
property rights or license to any intellectual property, content,
technology, system, process, or related material belonging to
ImageLinkUSA by virtue of it being displayed or made accessible
on any ImageLinkUSA Web site. Except as expressly authorized,
you agree not to use this site or any ImageLinkUSA Services in
any manner that would infringe, violate, dilute or misappropriate
any such rights, with respect to any material, which you may
access, receive or make available through this site or any ImageLinkUSA Services.
11.3.
If you use a domain name or content in connection
with the ImageLinkUSA Web hosting, or any other Web hosting service,
you agree not to use that domain name or content in any way which
violates any trademark, service mark, or similar rights of any
third party. Specifically, and without limitation, you agree
that you will not engage in, attempt to engage in, or conspire
with others or solicit others to engage in any cybersquatting
or domain name hijacking,
11.4
ImageLinkUSAs data center infrastructure including
all hardware, software, and telecommunications facilities located
in its data center may only be used for lawful purposes. Transmission,
distribution, or storage of any information, data or material
in violation of any United States or state regulation or law
or the common law, or any applicable foreign or international
law is prohibited. This includes, but is not limited to, material
protected by copyright, trademark, patent, trade secret, or other
intellectual property rights.
11.5.
Creating, utilizing, or distributing unauthorized
copies of software or other information content is a violation
of international, federal, and state law. If you copy, distribute,
or install software or other information content in ways that
the license to use that content does not allow, you are violating
federal copyright law and international copyright law. ImageLinkUSA will cooperate with all law enforcement agencies in relation
to alleged copyright infringement based on content housed in
our data centers.
11.6.
Please see Copyright Infringement Reporting on
the ImageLinkUSA Web site for procedures on disclosing alleged
copyright infringement.
12. Customers Grant of Limited
License to ImageLinkUSA; Warranties on Content.
By posting or submitting content to any ImageLinkUSA Web site or server, you:
12.1.
Grant ImageLinkUSA a limited license to transmit,
copy, store, back up, and retrieve the content, solely for the
purpose of providing you with the services you are purchasing
under your Agreement with ImageLinkUSA;
12.2.
Acknowledge that you are placing data on servers, networks,
and systems that reside physically in the United States. Such
servers, networks, and systems are governed by United States
law and not by the laws of other jurisdiction. As such, your
rights to privacy are governed by United States law and the ImageLinkUSA privacy policy. By ordering or using ImageLinkUSAs services,
you explicitly consent to this provision regarding privacy.
WHILE IMAGELINKUSA WILL MAKE REASONABLE EFFORTS TO PROTECT
THE PRIVACY OF YOUR INFORMATION AND TO COMPLY WITH UNITED STATES
LAW, PLEASE BE ADVISED THAT YOUR PRIVACY RIGHTS AVAILABLE UNDER
UNITED STATES LAW AND THE ImageLinkUSA PRIVACY POLICY MAY BE
LESS THAN THOSE GUARANTEED BY THE LAWS OF THE COUNTRY WHERE YOU
RESIDE.
12.3.
Warrant and represent that you own or otherwise
control all of the rights to the content and that public posting
and use of your content by ImageLinkUSA does not and will not
infringe or violate the rights of any third party; and
12.4.
Agree to defend, hold harmless, and indemnify
ImageLinkUSA for any claims of any third party resulting from
the public posting or use of your content.
13. IP Allocation.
ImageLinkUSA administers an Internet network
on which multiple Customer servers reside. Customers shall NOT
use Internet protocol (IP) addresses that were not assigned to
them by ImageLinkUSA staff or network administrators.
14. Restrictions on Use of ImageLinkUSA Services.
14.1
You may not operate Internet Relay Chat (IRC)
servers using ImageLinkUSAs services.
14.2.
You may not run any IRC robot on any IRC server
that might interfere with the Services or otherwise violate this
AUP. When logged into any IRC server, you must comply with the
rules and policies established by that IRCs service administrator.
14.3.
You must not use any programs that may or will
interfere with anothers use of this site or any ImageLinkUSA
Services.
14.4.
You may not run any background processes on the
ImageLinkUSA servers, networks, or systems without prior written
authorization from ImageLinkUSA.
14.5.
You may not use any ImageLinkUSA services to
send denial-of-service (DOS) attacks to any computer or network,
or to flood any computer or network.
14.6.
ImageLinkUSA reserves the right to add further
restrictions to Customersuse of the ImageLinkUSA Services if
such further restrictions are reasonably necessary to keep its
hosting service operating efficiently for all users.
14.7
You may not host any adult websites on ImageLinkUSA's servers.
15. Suspension and Cancellation.
ImageLinkUSA reserves the right to suspend service
to any Customer or who is using our network or services for violation
of the AUP, the NSP, the Privacy Policy, or the TOS. ImageLinkUSA will use reasonable care in notifying the Customer and in
resolving the problem in a method resulting in the least amount
of service interference as reasonably possible. ImageLinkUSA
reserves the right to terminate service without notice for continued
and repeated violations of the AUP, the NSP, the Privacy Policy,
or the TOS.
16. Notices Regarding Violations
of AUP and Intellectual Property Rights.
16.1.
The ImageLinkUSA Agreement and all its components
prohibit acts of copyright and trademark infringement and other
unlawful behavior by ImageLinkUSA Customers. ImageLinkUSA takes
Customer violations seriously and will investigate complaints
and, where appropriate, may remove content, disable sites, suspend
or terminate services, or take other action as necessary.
16.2.
General Complaints: Please send reports of any
activity in violation of this Acceptable Use Policy to admin[at]imagelinkusa.net.
If possible, please provide the IP address used to commit the
violation, the date and time of the violation, and evidence of
the violation. ImageLinkUSA will reasonably investigate incidents
involving such alleged violations. ImageLinkUSA may involve and
will cooperate with law enforcement officials if any criminal
activity is suspected. Violations may result in criminal and
civil liability.
16.3.
Copyright/Trademark Infringement Complaints:
If you believe that your copyright or trademark has been used
by a ImageLinkUSA subscriber without permission, such that the
use may constitute infringement of your intellectual property
rights, please see the instructions on how to send your claim
at
