Acceptable Use Policy (“AUP”)

This Acceptable Use Policy (“AUP”) governs the use of Sphere48’s web hosting service and all products and services offered by Sphere48. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Sphere48 regarding the interpretation of this AUP, Sphere48’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact hosting@sphere48.com.

Table of Contents
1. Offensive Content
2. Security
3. Bulk Commercial E-Mail
4. Unsolicited E-Mail
5. Material Protected by Copyright
6. Copyright Infringement Notice
7. Other
8. Disclaimer
9. Internet Abuse*
10. Newsgroup, Chat Forums, Other Networks
11. Amendments/Changes to AUP

1. Offensive Content

You may not publish, transmit, or upload via or to Sphere48’s service any content (including Web content, e-mail, bulletin board postings, blogs, chat, and any other type of posting or transmission that relies on any Internet service provided by Sphere48) that:

• contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, or sexually explicit material;

• could give rise to any civil or criminal liability;

• is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;

• is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

• infringes or assists others on infringing on the intellectual property rights of others or on the privacy or publicity rights of others;

• creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;

• improperly exposes trade secrets or other confidential or proprietary information of another person;

• violates or promotes violation of local, state, national, or international laws, including those regarding drugs, export control, gambling, or arms trafficking;

• is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Sphere48; or

• is otherwise malicious, fraudulent, or may result in retaliation against Sphere48 by offended viewers;

• is potentially harmful to minors, as determined in Sphere48’s sole discretion, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice;

• restricts or inhibits any other person from using or enjoying Sphere48’s service or website, or which, in the judgment of Sphere48, exposes Sphere48 or any of its customers or suppliers to any liability or detriment of any type;

• may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots;

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our policies or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.

SECTION 230(C) OF THE COMMUNICATIONS DECENCY ACT

Websites hosted on Sphere48’s servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, Sphere48’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, Sphere48 is not a publisher of user content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case where a court order states or indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.

2. Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

3. Bulk Commercial E-Mail

You must obtain Sphere48’s advance written approval for any bulk commercial e-mail or unsolicited mass e-mail or other messages, or solicitations (like “spam”), including commercial advertisements and informational announcements, which will not be given unless you are able to demonstrate all of the following to Sphere48’s reasonable satisfaction:

• Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;

• Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;

• You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Sphere48’s requests to produce consent evidence within 72 hours of receipt of the request;

• The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at abuse@sphere48.com;

• You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;

• You must post an abuse@sphere48.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;

• You must have a Privacy Policy posted for each domain associated with the mailing;

• You have the means to track anonymous complaints;

• You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and

• You otherwise comply with the CAN-SPAM Act and other applicable law.

These policies apply to messages sent using your Sphere48 service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Sphere48 service. In addition, you may not use a third-party e-mail service that does not practice similar procedures for all its customers.Sphere48 may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Sphere48 reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion. We may terminate the account of anyone who sends out spam with or without notice.

4. Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your Sphere48’s services.

5. Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

• you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;

• you are otherwise permitted by established United States copyright law to copy the work in that manner.

Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.

If you believe your intellectual property rights are being infringed upon, please email us at hosting@sphere48.com.

6. Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the Sphere48 network, please send your written notice of copyright infringement to:

Sphere48
225 Chabanel Ouest #600
Montreal, QC
H2N 2C9
Canada

Your notice must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Sphere48 to locate the material;

• Information reasonably sufficient to permit Sphere48 to contact you, such as an address, telephone number, and, if available, an e-mail address;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Sphere48 network.

8. Disclaimer

We reserve the right, but do not assume the obligation, to investigate any violation of this AUP or misuse Sphere48’s services. Sphere48 is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Sphere48 network.

Inquiries regarding this policy should be directed to hosting@sphere48.com.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

[Possible Additional Provisions Depending on Nature of Service]

9. Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Sphere48 and its customers) without express authorization of the owner of the system or network;

• monitoring data or traffic on any network or system without the authorization of the owner of the system or network;

• Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

• Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;

• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or

• Any conduct that is likely to result in retaliation against the Sphere48’s network.

• Use of Sphere48’s network in a way that unreasonably interferes with Sphere48’s other customers use of the network

10. Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

11. Amendments/Changes to AUP

Sphere48 may modify this AUP from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, Sphere48 will notify you (by, for example, sending you an email or displaying a prominent notice within the website). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified AUP. If you disagree with our changes, then you should stop using our products and/or services.