Terms of Services
Revision date: 12/24/2008
All services provided by
ANOTHERDAMNJOURNAL.COM ("ANOTHERDAMNJOURNAL.COM") may 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 subscriber agrees to indemnify and hold harmless
ANOTHERDAMNJOURNAL.COM from any claims resulting from the use of service which
damages the subscriber or any other party.
Prohibited are sites that promote any illegal
activity or present content that may be damaging to ANOTHERDAMNJOURNAL.COM'
servers, or any other server on the Internet. Links to such materials are also
prohibited.
Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN
ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ
PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED
IMMEDIATELY, WITHOUT NOTICE, ADDITIONALLY, ANOTHERDAMNJOURNAL.COM WILL NOTIFY
THE PROPER AUTHORITIES OF YOUR ACTIONS.
Traffic Usage
None
IRC
We currently do not allow IRC or IRC bots to
be operated on our servers or site.
Server Abuse
Any attempt to undermine or cause harm to a
server or customer of ANOTHERDAMNJOURNAL.COM is strictly prohibited. As our
customer you are responsible for all your accounts. Should you violate the
Terms of Services outlined within, your account will be cancelled.
Refusal of Service
We reserve the right to refuse, cancel or
suspend service, at our sole discretion.
All sub-networks, distributive hosting sites
and dedicated servers of ANOTHERDAMNJOURNAL.COM must adhere to the above
policies, with the exception of system resources in respect to dedicated
servers.
Billing
None
Refusal of Service
We reserve the right to refuse, cancel or
suspend service, at our sole discretion.
Limitation of Liability
ANOTHERDAMNJOURNAL.COM shall not be
responsible for any claimed damages, including incidental and consequential
damages, which may arise from ANOTHERDAMNJOURNAL.COM ' servers going off-line
or being unavailable for any reason whatsoever. Furthermore,
ANOTHERDAMNJOURNAL.COM shall not be responsible for any claimed damages,
including incidental or consequential damages, resulting from the corruption or
deletion of any web site from one of ANOTHERDAMNJOURNAL.COM ' servers. All
damages shall be limited to the immediate termination of service.
Violations
Violations of these Acceptable Use Policies
should be referred to victorvic59@anotherdamnjournal.com. All complaints will
be investigated promptly. Failure to follow any term or condition will be
grounds for immediate account deactivation.
Disclaimer
ANOTHERDAMNJOURNAL.COM cannot be held liable
for system down time, crashes or data loss. We cannot be held liable for any
predicated estimate of profits which a client would have gained if their site
was functioning. Certain services provided by ANOTHERDAMNJOURNAL.COM are
resold. Thus, certain equipment, routing, software and programming used by
ANOTHERDAMNJOURNAL.COM are not directly owned or written by
ANOTHERDAMNJOURNAL.COM. Moreover, ANOTHERDAMNJOURNAL.COM holds no
responsibility for the use of our clients' accounts. Failure to comply with any
terms or conditions will result in the automatic deactivation of the account in
question. We reserve the right to remove any account, without advance notice
for any reason without restitution, as ANOTHERDAMNJOURNAL.COM sees fit.
Account Activation
None
NOTICE: If you sign up for an account and
fail to comply with these terms, We will, however, advise you by e-mail or
phone prior to taking any action to provide you with an opportunity to correct
the problem.
Server Uptime Guarantee
ANOTHERDAMNJOURNAL.COM has an excellent
record for reliability, we do not offer an uptime
guarantee. However, our network and servers are monitored continuously, and are
rarely down except for scheduled maintenance and hardware and software
upgrades.
ANOTHERDAMNJOURNAL.COM reserves the right to
amend any or all of the above policies, guidelines and disclaimer without
notification. We also retain the right to add or increase any pricing and make
changes to our account plans with notification.
Privacy
Revision date: 12/24/2008
ANOTHERDAMNJOURNAL.COM has created this
privacy statement in order to demonstrate our firm commitment to privacy. The
following discloses the information gathering and dissemination practices for
this Web site.
Information Automatically Logged
We Do not use your IP address to help
diagnose problems with our server and to administer our Web site at this time,
but when we do you will be advised as to when, We will use this information. and for no other reason then
stated.
Order Forms
None.
Contact information from the Contact forms is
used to get in touch with you when necessary.
Unique identifiers are collected from Web
site visitors to verify the user's identity.
Demographic and profile data is also
collected at our site.
We use this data to tailor our visitor's
experience at our site showing them content that we think they might be
interested in, and displaying the content according to their preferences.
Security
This site has security measures in place to
protect the loss, misuse, and alteration of the information under our control.
We use strong SSL encryption to ensure your privacy.
Third Parties
Information collected on this site is
strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL
INFORMATION, ETC.
Contacting the Web Site
If you have any questions about this privacy
statement, the practices of this site, or your dealings with this Web site, you
can contact: victorvic59@anotherdamnjournal.com
Acceptable Use Policy
Revision date: 12/24/2008
As a provider of web site hosting and other
Internet-related services, ANOTHERDAMNJOURNAL.COM offers its customer (also
known as "Subscribers") and their customers and users the means to
acquire and disseminate a wealth of public, private, commercial and
non-commercial information. ANOTHERDAMNJOURNAL.COM respects that the Internet
provides a forum for free and open discussion and dissemination of information.
However, when there are competing interests at issue, ANOTHERDAMNJOURNAL.COM
reserves the right to take certain preventive or corrective actions. In order
to protect these competing interests, ANOTHERDAMNJOURNAL.COM has developed an
Acceptable Use Policy ("AUP"), which supplements and explains certain
terms of each customer's respective service agreement, and is intended as a
guide to the customer's rights and obligations when using
ANOTHERDAMNJOURNAL.COM' services. This AUP will be revised from time to time.
One important aspect of the Internet is that
no one party owns or controls it. This fact accounts for much of the Internet's
openness and value, but it also places a high premium on the judgment and
responsibility of those who use it, both in the information they acquire and in
the information they disseminate to others. When subscribers obtain information
through the Internet, they must keep in mind that ANOTHERDAMNJOURNAL.COM cannot
monitor, verify, warrant or vouch for the accuracy and quality of the
information they acquire. For this reason, the subscriber must exercise his or
her best judgment in relying on information obtained from the Internet, and
also should be aware that some material posted to the Internet may be sexually
explicit or otherwise offensive. Because ANOTHERDAMNJOURNAL.COM cannot monitor
or censor the Internet, and will not attempt to do so, ANOTHERDAMNJOURNAL.COM
cannot accept any responsibility for injury to its subscribers resulting from
inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from
the Internet, they must keep in mind that ANOTHERDAMNJOURNAL.COM does not
review, edit, censor or take responsibility for any information its subscribers
may create. When users place information on the Internet, they have the same
liability as other authors for copyright infringement, defamation and other harmful
speech. Also, because the information created is carried over
ANOTHERDAMNJOURNAL.COM' network and may reach a large number of people,
including both subscribers and non-subscribers of ANOTHERDAMNJOURNAL.COM,
subscribers' postings to the Internet may affect other subscribers and may
affect ANOTHERDAMNJOURNAL.COM' goodwill, business, reputation or operations.
For these reasons, subscribers violate ANOTHERDAMNJOURNAL.COM policy and the
Service Agreement when they, their customers, affiliates or subsidiaries engage
in the following prohibited activities:
Spamming:
Sending unsolicited bulk
and/or commercial information over the Internet. It is not only harmful
because of its negative impact on consumer attitudes toward
ANOTHERDAMNJOURNAL.COM, but also because it can overload
ANOTHERDAMNJOURNAL.COM' network and disrupt service to ANOTHERDAMNJOURNAL.COM'
subscribers. Also, maintaining an open SMTP relay is prohibited. When a
complaint is received, ANOTHERDAMNJOURNAL.COM will investigate and shutdown the
account that is SPAMing. A $250 charge for violating
this policy will be charged to the person initiating the SPAM. Furthermore
ANOTHERDAMNJOURNAL.COM reserves the right to prosecute for this violation. A
$1.00 charge will be assessed PER EMAIL sent should ANOTHERDAMNJOURNAL.COM
choose to pursue and prosecute.
Audio/Video Streaming:
ANOTHERDAMNJOURNAL.COM does allow streaming
of audio or video content.
Adult-Oriented Content:
ANOTHERDAMNJOURNAL.COM does allow adult
content.
Large File Policy:
ANOTHERDAMNJOURNAL.COM is not for file
hosting and distribution - as such, customers may not host any files larger
than stated in size that are observed to be available for the sole purpose of
download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your
file is against this policy, please e-mail victorvic59@anotherdamnjournal.com.
Obscene Speech or Materials:
Using ANOTHERDAMNJOURNAL.COM' network to
advertise, transmit, store, post, display, or otherwise make available child
pornography or obscene speech or material toward child pornography is strongly
prohibited. ANOTHERDAMNJOURNAL.COM is required by law to notify law enforcement
agencies when it becomes aware of the presence of child pornography on or being
transmitted through its network. AND WILL DO SO!!
Defamatory or Abusive Language:
Using ANOTHERDAMNJOURNAL.COM' network as a
means to transmit or post negative, defamatory, harassing, abusive or
threatening language. This is a ADULT SITE, BUT WILL NOT BE USED FOR
HARRASSMENT OF ANY KIND!.
Forging of Headers:
Forging or misrepresenting message headers,
whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other
Computers or Networks:
Accessing, illegally or
without authorization, computers, accounts or networks belonging to another
party, or attempting to penetrate security measures of another individual's system
(often known as "hacking"). Also, any activity that may be
used as a precursor to an attempted system penetration (i.e., port scan,
stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms,
Trojan Horses or Other Destructive Activities:
Distributing information
regarding the creation of and sending Internet viruses, worms, Trojan horses,
pinging, flooding, mail bombing or denial of service attacks. Also, activities that
disrupt the use of or interfere with the ability of others to effectively use
the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making
available any software, program, product or service that is designed to violate
this AUP, which includes the facilitation of the means to spam, initiation of
pinging, flooding, mail bombing, denial of service attacks and piracy of
software.
Export Control Violations:
Exporting encryption software over the
Internet or otherwise, to points outside the United States.
Usenet Groups:
ANOTHERDAMNJOURNAL.COM reserves the right not
to accept postings from newsgroups where we have actual knowledge that the
content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to
be illegal, including, but not limited to, advertising, transmitting or
otherwise making available ponzi schemes, pyramid
schemes, fraudulently charging credit cards and pirating software.
Other Activities:
Engaging in activities, whether lawful or
unlawful, that ANOTHERDAMNJOURNAL.COM determines to be harmful to its
subscribers, operations, reputation, goodwill or
customer relations.
As we have pointed out, the responsibility
for avoiding harmful activities just described rests primarily with the
subscriber. ANOTHERDAMNJOURNAL.COM will not, as an ordinary practice, monitor
the communications of its subscribers to ensure that the
comply with ANOTHERDAMNJOURNAL.COM' policy or applicable law. However,
when ANOTHERDAMNJOURNAL.COM becomes aware of harmful activities, it may take
any action to stop the harmful activity, including, but not limited to, removal
of information, shutting down a web site, implementing screening software
designed to block offending transmissions, denying access to the Internet, or
any other action deemed appropriate by ANOTHERDAMNJOURNAL.COM.
ANOTHERDAMNJOURNAL.COM is also aware that
many of its subscribers are themselves providers of Internet services, and that
information reaching ANOTHERDAMNJOURNAL.COM' facilities from those subscribers
may have originated from a customer of the subscriber or from another third
party. ANOTHERDAMNJOURNAL.COM does not require its subscribers who offer
Internet services to monitor or censor transmissions or web sites created by
customers of its subscribers. ANOTHERDAMNJOURNAL.COM reserves the right to
directly take action against a customer of its subscribers. Also,
ANOTHERDAMNJOURNAL.COM may take action against the ANOTHERDAMNJOURNAL.COM'
subscriber because of activities of a customer of the subscriber, even though
the action may affect other customers of the subscriber. Similarly,
ANOTHERDAMNJOURNAL.COM anticipates that subscribers who offer Internet services
will cooperate with ANOTHERDAMNJOURNAL.COM in any corrective or preventive
action that ANOTHERDAMNJOURNAL.COM deems necessary. Failure to cooperate with
such corrective or preventive measures is a violation of ANOTHERDAMNJOURNAL.COM
policy.
ANOTHERDAMNJOURNAL.COM will not intentionally
monitor private electronic mail messages sent or receive by its subscribers,
unless required to do so by law, governmental authority or when public safety
is at stake. ANOTHERDAMNJOURNAL.COM may, however, monitor its service
electronically to determine that its facilities are operating satisfactorily.
Also, ANOTHERDAMNJOURNAL.COM may disclose information, including, but not
limited to, information concerning a subscriber, a transmission made using our
network, or a web site, in order to comply with a court order, subpoena,
summons, discovery request, warrant, statute, regulation or governmental
request. ANOTHERDAMNJOURNAL.COM assumes not
obligation to inform the subscriber that subscriber information has been
provided and, in some cases, may be prohibited by law from giving such notice.
Finally, ANOTHERDAMNJOURNAL.COM may disclose subscriber information or
information transmitted over its network where necessary to protect
ANOTHERDAMNJOURNAL.COM and others from harm, or where such disclosure is
necessary to the proper operation of the system. However,
ANOTHERDAMNJOURNAL.COM will never sell information to other services or outside
companies.
ANOTHERDAMNJOURNAL.COM expects that its
subscribers who provide Internet services to others will comply fully with all
applicable laws concerning the privacy of online communications. A subscriber's
failure to comply with those laws will violate ANOTHERDAMNJOURNAL.COM policy.
Finally, ANOTHERDAMNJOURNAL.COM wishes to emphasize that, in signing the
Service Agreement, subscribers indemnify ANOTHERDAMNJOURNAL.COM for any
violation of the Service Agreement, law or ANOTHERDAMNJOURNAL.COM policy
resulting in loss to ANOTHERDAMNJOURNAL.COM or the bringing of any claim against
ANOTHERDAMNJOURNAL.COM by any third party. This means that, if
ANOTHERDAMNJOURNAL.COM is sued because of a subscriber's or customer of a
subscriber's activity, the subscriber will be responsible for payment of any
damages awarded against ANOTHERDAMNJOURNAL.COM, plus costs and reasonable
attorney's fees.
We hope this AUP is helpful in clarifying the
obligations of Internet users, including ANOTHERDAMNJOURNAL.COM and its
subscribers, as responsible members of the Internet. Any complaints about a
subscriber's violation of this AUP should be sent to
victorvic59@anotherdamnjournal.com.