Hosting Terms of Service
Hosting Terms of Service. You are responsible for abiding by the rules set forth in the paragraphs below. Any violation of the terms set forth below may result in immediate suspension and/or termination of all services currently being provided.
Web Hosting. We offer our customers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. We also want our customers to be fully informed of their rights and obligations.
Copyright Violation. Engaging in activity that infringes or misappropriates the Intellectual Property rights of third parties, including copyrights, trademarks, service marks, trade secrets, software piracy and patents and other similar rights held by third parties shall result in termination of all "member" privileges.
How to claim a copyright infringement.
Pursuant to 17 U.S.C. 512(c) (2), all notifications of claimed copyright infringement on the 3plains LLC service system or Web sites should be sent to 3plains LLC and shall include the following information:
A: a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf.
B: identification of the copyrighted work(s) claimed to have been infringed.
C: identification of the material claimed to infringe the copyrights(s), reasonably sufficient to enable "3plains LLC" to locate the material in order to remove the material or disable access.
D: information reasonably sufficient to allow "3plains LLC" to contact the complaining party (including name, address, phone number, and e-mail address)
E: statement that the complaining Claimant has a "good faith belief that use of the material in the manner complained of is not authorized by the copyright [holder], its agent or the law."
F: statement that the information in the notice is accurate, and under PENALTY OF PERJURY, that the complaining party is authorized to act on behalf of the copyright owner.
NOTE: UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY 3plains LLC., OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OR A MISREPRESENTATION. IN ADDITION, YOU MAY ALSO BE SUBJECT TO CRIMINAL CHARGES FOR PERJURY, IN ACCORDANCE WITH APPLICABLE LAW.
Illegal/Unauthorized Access to Other Computers or Networks. The illegal or unauthorized accessing (often known as "hacking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.
Image Repository. The hosting services are not to be used as a software/image repository. This means you cannot use your account to store images that are pulled from another website. An example of this would be storing images to be pulled from an eBay auction site.
Download Sites Not Permitted. You are not permitted to have any commercially available software, fixes, patches or electronic media (ex. MP3s, AVI, WAVE, etc.) for download on your site. We reserve the right - at any time, to terminate service if we find that you have violated this term. Additionally, should you be found to be in violation of any licensing agreements currently in place, we reserve the right to permanently terminate your service without refund.
Adult Sites & Unacceptable Content. Pornography and pornographic related merchandising are prohibited under all services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, "hacker" programs, archives of "Warez Sites", game rooms or MUDs, IRC Bots, Egg Drop programs, any kind of illegal software or shareware. In addition sites offering online gambling, casino functionality, sportsbook betting (including offshore), and Internet lotteries are prohibited.
Export Control Violations. The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.
Backup. We are not responsible for loss of customer content due to server or hardware failure. We do, however, backup our systems weekly, but cannot guarantee the content is up-to-date. It is the customer's responsibility to have a full backup of their site.
Revisions. 3plains LLC may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
Governing Law. The parties agree that this contract will be governed by Minnesota law and any legal proceeding regarding this contract will be brought exclusively in a court of competent jurisdiction in Minnesota.
