The Greater Huntington Community Web Portal

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Terms of Services Revision date: October 17, 2006 All services provided by Greater Huntington Portal ("Greater Huntington Portal") 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 contributor agrees to indemnify and hold harmless Greater Huntington Portal from any claims resulting from the use of service which damages the contributor or any other party. Prohibited are sites that promote any illegal activity or present content that may be damaging to Greater Huntington Portal’s 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 BE CONNECTED WITH 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, Greater Huntington Portal WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS. Server Abuse Any attempt to undermine or cause harm to a server or customer of Greater Huntington Portal 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. Limitation of Liability Greater Huntington Portal shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Greater Huntington Portal servers going off-line or being unavailable for any reason whatsoever. Furthermore, Greater Huntington Portal 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 Greater Huntington Portal ' servers. All damages shall be limited to the immediate termination of service. Violations Violations of these Acceptable Use Policies should be referred to webmaster@greaterhuntington.com or reported within the ‘My Account’ section of the website. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation. Disclaimer Greater Huntington Portal 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 Greater Huntington Portal are distributed. Thus, certain equipment, routing, software and programming used by Greater Huntington Portal are not directly owned or written by Greater Huntington Portal. Moreover, Greater Huntington Portal 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 Greater Huntington Portal sees fit. Account Activation By activating your account with Greater Huntington Portal, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information. NOTICE: If you sign up for an account and fail to comply with these terms, we will 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 Although Greater Huntington Portal 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. Greater Huntington Portal reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification. Privacy Revision date: October 17, 2006 Greater Huntington Portal 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 use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason. Third Parties Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH USER AUTHENTICATION 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: webmaster@greaterhuntington.com Acceptable Use Policy Revision date: October 17, 2006 As a provider of web site hosting and other Internet-related services, Greater Huntington Portal offers its customer (also known as "Contributors") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Greater Huntington Portal respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Greater Huntington Portal reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Greater Huntington Portal 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 Greater Huntington Portal’s 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 Contributors obtain information through the Internet, they must keep in mind that Greater Huntington Portal cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the contributor 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 Greater Huntington Portal cannot monitor or censor the Internet, and will not attempt to do so, Greater Huntington Portal cannot accept any responsibility for injury to its Contributors resulting from inaccurate, unsuitable, offensive or illegal Internet communications. When Contributors disseminate information from the Internet, they must keep in mind that Greater Huntington Portal does not review, edit, censor or take responsibility for any information its Contributors 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 Greater Huntington Portal’s network and may reach a large number of people, including both Contributors and non-Contributors of Greater Huntington Portal, Contributors' postings to the Internet may affect other Contributors and may affect Greater Huntington Portal’s goodwill, business, reputation or operations. For these reasons, Contributors violate Greater Huntington Portal 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 Greater Huntington Portal, but also because it can overload Greater Huntington Portal’s network and disrupt service to Greater Huntington Portal’s Contributors. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Greater Huntington Portal will investigate and shutdown the account that is SPAMing. Adult-Oriented Content: Greater Huntington Portal does not allow adult content and will suspend/terminate any offending account. Obscene Speech or Materials: Using Greater Huntington Portal’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Greater Huntington Portal 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. Defamatory or Abusive Language: Using Greater Huntington Portal’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language. 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: Greater Huntington Portal 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 Greater Huntington Portal determines to be harmful to its Contributors, operations, reputation, goodwill, or customer relations. As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the contributor. Greater Huntington Portal will not, as an ordinary practice, monitor the communications of its Contributors to ensure that they comply with Greater Huntington Portal’s policy or applicable law. However, when Greater Huntington Portal 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 Greater Huntington Portal. Greater Huntington Portal is also aware that many of its Contributors are themselves providers of Internet services, and that information reaching Greater Huntington Portal’s facilities from those Contributors may have originated from a customer of the contributor or from another third party. Greater Huntington Portal does not require its Contributors who offer Internet services to monitor or censor transmissions or web sites created by customers of its Contributors. Greater Huntington Portal reserves the right to directly take action against a customer of its Contributors. Also, Greater Huntington Portal may take action against the Greater Huntington Portal’s contributor because of activities of a customer of the contributor, even though the action may affect other customers of the contributor. Similarly, Greater Huntington Portal anticipates that Contributors who offer Internet services will cooperate with Greater Huntington Portal in any corrective or preventive action that Greater Huntington Portal deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Greater Huntington Portal policy. Greater Huntington Portal will not intentionally monitor private electronic mail messages sent or receive by its Contributors, unless required to do so by law, governmental authority or when public safety is at stake. Greater Huntington Portal may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Greater Huntington Portal may disclose information, including, but not limited to, information concerning a contributor, 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. Greater Huntington Portal assumes no obligation to inform the contributor that contributor information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Greater Huntington Portal may disclose contributor information or information transmitted over its network where necessary to protect Greater Huntington Portal and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Greater Huntington Portal will never sell information to other services or outside companies. Greater Huntington Portal expects that its Contributors who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A contributor's failure to comply with those laws will violate Greater Huntington Portal policy. Finally, Greater Huntington Portal wishes to emphasize that, in signing the Service Agreement, Contributors indemnify Greater Huntington Portal for any violation of the Service Agreement, law or Greater Huntington Portal policy resulting in loss to Greater Huntington Portal or the bringing of any claim against Greater Huntington Portal by any third party. This means that, if Greater Huntington Portal is sued because of a contributor's or customer of a contributor's activity, the contributor will be responsible for payment of any damages awarded against Greater Huntington Portal, plus costs and reasonable attorney's fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including Greater Huntington Portal and its Contributors, as responsible members of the Internet. Any complaints about a contributor's violation of this AUP should be sent to webmaster@greaterhuntington.com.