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Terms of Service, Privacy Policy, and Acceptable Usage Policy

Terms of Service

This Web Hosting Agreement (this "Agreement") also referenced as the Terms of Service (the "TOS"), is between Consciousites and the person (individual or legal entity) whom purchases Consciousites' service and agrees to the Terms of Service during the set up process (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of Consciousites' Web hosting service.

1. Services

Subject to the terms of this Agreement, and contingent on Customer's satisfaction of Consciousites' credit approval requirements, Consciousites agrees to provide the web hosting services described in the Order for the fees stated in the Order.

2. Term

The initial service term of the Agreement shall begin on the date that Consciousites generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a "Renewal Term") unless Consciousites or Customer provides the other with termination notice within 7 days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."

3. Payments (VPS)

  • (a) Recurring Fees
    • Renewal notices are emailed seven days before the actual renew date in your account. If you have a credit card on file your card will automatically be charged on the day your renewal notice is due. All payments submitted for services are non-refundable outside of our 30 day refund policy. Service will be made inactive on accounts that are not paid by the 7th day past due. The term "Account" describes all services provided to a customer as defined by the primary ownership email and physical address. Consciousites reserves the right to revoke this grace period if a pattern of late payment is observed or if your payment method is listed as other. All orders made with a credit card are expected to work on the monthly/yearly renewal date each month/year. Any accounts made inactive for non-payment are subject to a $10.00 late payment fee. Any accounts terminated due to non payment are subject to a $10.00 restoration fee once all past due invoices have been paid.
  • (b) Payment Terms
    • For your convenience Consciousites offers multiple payment terms with increasing discounts for hosting plans. All payments to Consciousites are non refundable after the first 30 days of service. Within the first 30 days of a Yearly paid service you may request that it be converted to a Monthly subscription and the remaining balance will be refunded to your original payment method. If after the first 30 days of service you request the package to be converted to a different billing cycle any additional monies will be applied to your account in the form of credits and will not be refunded. Prior to paying a renewal invoice and before your renewal date you may have your payment terms changed at no additional charge. If you wish to cancel a Yearly package prior to its renewal date, your package will be pro-rated to the nearest Monthly billing cycle and any remaining funds will be credited to your account. Any cancellation as the result of a violation of our TOS or AUP will be non refundable.
  • (c) Credit/Debit card and your Address on File
    • When an order is placed with a credit/debit card, your card is stored on file and will automatically be charged every month/year on your due date. For security purposes your address on file with us must match the address of your credit/debit card. If this address does not match, our payment gateway will not accept the transaction. If you have a credit card on file and the transaction is declined due to the address this transaction might show up as a pending charge but will not be processed through. If you have a debit card on file and the transaction is declined due to the address your bank will pull the money out of your account but this money will be refunded back to your account by your bank. It is recommended to always store a credit card on file instead of a debit card.
  • (d) Taxes
    • At Consciousites' request Customer shall remit to Consciousites all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on Consciousites, regardless of whether Consciousites fails to collect the tax at the time the related services are provided.
  • (e) 30 Day Money Back Guarantee
    • All new Consciousites Customers are eligible for a 30 day money back guarantee on all hosting packages upon written request. The definition of a new customer is one who has never purchased services from Consciousites in the past. Also if a customer purchases a 2nd, 3rd, etc. hosting package and wishes to cancel this particular package they are not eligible for a refund. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee. If the TOS/AUP agreed upon when ordering is violated this voids your eligibility for the 30 day money back guarantee. Consciousites reserves the right to deny the refund if we feel abuse of services has occurred.

4. Cancellation and Early Termination

Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Consciousites terminates the Agreement for Customer's breach of the Agreement in accordance with Section 12 (Termination), or Customer terminates the service other than in accordance with Section 12 (Termination) for Consciousites breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement. Customer acknowledges that the cancellation notice or downgrade of current package is to be submitted to Consciousites prior to the following renewal date or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines:

  • Cancellation request must be submitted to the [email protected]
  • Cancellation request must be submitted from the main email address on file with Consciousites
  • Cancellation request must contain the main domain of the hosting plan you wish to cancel

5. Law/AUP

Customer agrees to use the service in compliance with applicable law and Consciousites' Acceptable Use Policy (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that Consciousites may, in its reasonable commercial judgment consistent with industry standards, amend the AUP and TOS from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP and TOS are effective on the earlier of Consciousites' notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Consciousites' reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Consciousites and Customer regarding the interpretation of the AUP, Consciousites' commercially reasonable interpretation of the AUP shall govern.

6. Customer Information

Customer represents and warrants to Consciousites that the information he, she or it has provided and will provide to Consciousites for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Consciousites that he or she is at least 18 years of age. Consciousites may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.

7. Indemnification

Customer agrees to indemnify and hold harmless Consciousites, Consciousites' affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

8. Disclaimer of Warranties

CONSCIOUSITES DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW CONSCIOUSITES DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

9. Limitation of Damages.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF CONSCIOUSITES AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.

10. Suspension/Termination.

  • (a) Suspension of Service.
    • Customer agrees that Consciousites may suspend services to Customer with or without notice and without liability.
  • (b) Termination.
    • Consciousites reserves the right to terminate the Agreement or deny services at any time with or without notice and without liability. The Agreement may be terminated by the Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Consciousites fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. Termination in this manner does not absolve the customer of any required payments remaining on their initial or renewal term. The Customer may also terminate this agreement as per Section 4.
    • Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

11. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee and you are responsible to pay for any overage.

12. Domains

Consciousites is not a domain registrar.

13. Requests for Customer Information

Customer agrees that Consciousites may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Consciousites believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

14. Server Back Up Copy

KnownHost (Consciousites' hosting provider) provides backup services for the Consciousites server. These snap shots are taken every other day and stored for approximately 7-14 days. Customer agrees to maintain a current copy of all content hosted by Consciousites notwithstanding any agreement by Consciousites to provide back up services. Customer acknowledges that any backups provided by or for Consciousites services are a courtesy service intended for disaster recovery only and that Consciousites does not warrant or guarantee the avaliability, integrity, content or operability of these backups.

15. Request for Rebuild/Restore of Hosting Package

During any service term, customer may request up to two free rebuilds for a control panel change and one free rebuild/restore for any reason of choice. If a customer should need to request a rebuild/restore after this a $10.00 one time fee will be enforced. If a customer requests a partial restoration of data a nominal fee of $10.00 will be charged for each request.

16. Changes to Consciousites' Network

Upgrades and other changes in Consciousites' network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Consciousites reserves the right to change its network in its commercially reasonable discretion, and Consciousites shall not be liable for any resulting harm to Customer.

17. Notices

Notices to Consciousites under the Agreement shall be given via electronic mail to the e-mail address of [email protected] or via our online ticketing system at https://consciousites.com/support/. All notices, including but not limited to support or billing requests, must be submitted from a registered e-mail address on file for the customer account.

Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. It is the Customers responsibility to ensure valid and accurate contact information is supplied and updated as necessary. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

18. Force Majeure

Consciousites shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Consciousites' control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

19. Binding Arbitration

As a Customer of Consciousites you agree to submit to binding arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The location of Arbitration shall be selected by Consciousites at the time of the dispute.

20. Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on Consciousites unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Consciousites' prior written consent. Consciousites' approval for assignment is contingent on the assignee meeting Consciousites' credit approval criteria. Consciousites may assign the Agreement in whole or in part.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.

Last updated on 7/20/2017

Privacy Policy

This Privacy Policy describes the information we collect from you, what we do with the information, and our information security practices. If you have any questions about our Privacy Policy, please contact [email protected]

Information

When you sign up for our service, we will ask you to provide contact information such as your name, address, telephone numbers, e-mail addresses, and payment information such as credit card number and expiration date.

We may ask you to complete user surveys, and to provide certain demographic information, such as age, gender, special interests, etc. You do not have to provide this type of information to use our service if you do not want to.

If you contact us for customer support, we may also ask you for information about your operating system, software and other technical matters.

When you visit our Web site we will capture your IP Address, time of and duration of visit, and time and duration of the pages on our Web site that you view. We may tie this information to the personally identifiable information we have about you.

We will also place a cookie that will identify you to us as a repeat visitor or a customer when you visit our Web site. See "What is a Cookie" below. We may tie this cookie to the personally identifiable information we have about you.

If we send you an e-mail, we may include a marker that will allow to identify e-mail that is opened and viewed.

Use of Personally Identifiable Information

We will use your personally identifiable information only as follows:

  • For payment purposes and to provide customer support;
  • To announce special offers or provide other information from time to time via e-mail. We may also send e-mail announcing special offers by our third parties, but we will not provide the third parties with your e-mail address or other personally identifiable information. If you do not wish to receive these e-mails, you may opt out of future e-mails at any time by following the instructions included in the e-mail.
  • To improve our service and the marketing of our service. For example, we may use the information we gather from user surveys, demographic data, and web site visits to help us improve or target our Web site and customize your visit.

We will not provide any personally identifiable information about you to any other person other than:

  • a law enforcement or regulatory agency at their request;
  • a person or company who acquires our business;
  • third parties who perform services on our behalf (such as payment processing), subject to the third party agreeing with us that it will keep your personally identifiable information confidential;
  • As otherwise needed to protect or enforce or rights or the rights of others.
  • We absolutely do not transfer or sell your information for inclusion on third party e-mail or other marketing lists.

We will never disclose your data to any third party unless we are required to do so by court or administrative order. Each party retains all right, title and interest in its data, information and intellectual property rights, and nothing in this Agreement is intended to transfer or diminish such rights. We claim no ownership or control over any content submitted, posted or displayed by you on or through our services.

Use of Non-Personally Identifiable Information

We may share aggregate statistical data about our customers with third parties, such as advertisers or suppliers. This aggregate statistical data will not identify you personally.

What is a Cookie

A "cookie" is an alphanumeric identifier that is unique to your browser. The cookie will identify your browser to us when you visit our web site so that we may customize your visit.

Security of Your Information

We store your personally identifiable information and payment information in protected environment in encrypted format.

Children's Privacy

Our service is not available to children under the age of 13, and we will not intentionally maintain information about anyone under the age of 13.

Acceptable Use Policy

Please read these policies before your purchase This AUP governs the use of Consciousites's services. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Consciousites regarding the interpretation of this AUP, Consciousites's interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact Consciousites's legal department at [email protected] 

Offensive Content

You may not publish or transmit via Consciousites's service any content that Consciousites reasonably believes:

  • constitutes child pornography;
  • constitutes pornography;
  • 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;
  • is defamatory or violates a person's privacy;
  • 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;
  • is intended to assist others in defeating technical copyright protections;
  • clearly infringes on another person's trade or service mark, patent, or other property right;
  • promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Consciousites; or
  • is otherwise malicious, fraudulent, or may result in retaliation against Consciousites by offended viewers;

Vexation & Harassment

Consciousites does not tolerate any harassment, malice or abuse towards it's employees or subsidiaries. Any form of harassment, cursing, threats, or ill will directed towards Consciousites staff or authorized agents shall not be tolerated. The Customer agrees to conduct themselves in a professional manner regardless of the method of communication with Consciousites. Should the Customer be found in violation of this clause Consciousites reserves the right to suspend or terminate services with or without prior notice and without liability.

Resource Usage

Consciousites Customers may not initiate the following practices. Consciousites reserves the right to suspend or terminate accounts found in violation of these items with or without prior notice given and without liability. Consciousites reserves the right to determine what constitutes resource abuse and take the appropriate action.

  • a) Use 25% or more of system CPU resources for longer then 90 seconds. There are various processes and activities which can cause this; these include but are not limited to: Perl Scripts, CGI, PHP, Python, HTTP, etc.
  • b) Use of any kind of distributed computing software, including but not limited to [email protected], Node Zero and [email protected]
  • c) Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • d) Run any file sharing, bit torrent or other P2P network services, client or server software.
  • e) Run any gaming servers such as Battlefield 3, MineCraft, Counter-Strike, etc.

External Storage

Consciousites external storage packages are for storing account backup and server restoration data only. External storage packages may not be used for but not limited to content delivery networks, file exchange and download sites, torrents or other bulk delivery services. All external storage packages are still bound and limited by our Terms of Service and AUP.

Network Abuse

Consciousites does not allow, condone or authorize any forms of Network Abuse including but not limited to Denial of Service attacks, Phishing attempts, port scans, SYN Floods etc. Consciousites reserves full right to determine what constitutes Network Abuse and take the appropriate action against the Customer with or without prior notification and without liability. You may not engage in illegal, abusive, or irresponsible behavior, including but not limited to:

  • 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 Consciousites 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;
  • Any conduct that is likely to result in retaliation against the Consciousites network.
  • Use of Consciousites's network in a way that unreasonably interferes with Consciousites's other customers use of the network.

IP Addresses

Consciousites assigns IP addresses to clients based upon the guidelines of ARIN: https://www.arin.net/policy/nrpm.html All IP Address allocations must be justified based upon this policy. Consciousites reserves the right to request verification at any time for assigned IP addresses at which time under Consciousites's discretion IP assignments may be revoked.

Unaccepted Materials

Consciousites does not accept material such as:

  • Proxy, Torrents, Tor, Warez, Escrow, High Yield Investment Programs (HYIP), illegal gambling and lottery sites or services. Content "published or transmitted" via Consciousites's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any service provided by Consciousites.

* Consciousites can terminate service for any of the above reasons and it's at Consciousites sole discretion to issue a refund

Security

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

Bulk Commercial E-Mail

Any kind of bulk emailing is strictly prohibited with shared or reseller hosting. With VPS, Hybrid or Dedicated hosting you must obtain Consciousites's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Consciousites's reasonable satisfaction:

  • Consciousites does not provide servers for the sole purpose of bulk emails. Software such as PMTA is expressly prohibited.
  • All Bulk Emailing must be limited to send no more than 60 emails per minute.
  • 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 Consciousites's requests to produce consent evidence within 72 hours of receipt of the request.
  • 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 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 Consciousites 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 Consciousites service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Consciousites 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.

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 Consciousites's services.

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.

Consciousites will terminate the service of Customers with repeated copyright infringements.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the Consciousites network, please send your written notice of copyright infringement to: Copyright Agent c/o Consciousites LLC 1379 Dilworthtown Crossing Suite 214 West Chester, PA 19382 Telephone: 1-866-332-9894 Facsimile: 1-703-991-8896 Email: [email protected] 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 Consciousites to locate the material;
  • Information reasonably sufficient to permit Consciousites 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;
  • 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.

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

Abuse Tickets

Consciousites standard policy is to contact The Customer during which a violation of the AUP or TOS has occurred, however, Consciousites does reserve the right to suspend or terminate an account with or without notice at it's own discretion. The Customer agrees to maintain up to date primary contact email information with Consciousites. The violation shall be listed in the Subject of the email sent from our abuse department ([email protected]). The Customer shall be given all appropriate details of the Violation as well as a time frame to correct the issue before action shall be taken. Once the email has been sent to The Customer, Consciousites will consider that The Customer has been notified. Consciousites reserves the right to use discretion on the amount of time given for a customer to correct the issue before action is taken. For example: A violation containing a "Phishing" site is lodged against the customer, the offending files will be immediately disabled and the customer will be given 24 hours to clean and secure the site. If after 24 hours The Customer has not replied confirming they have taken action, further action may be taken such as suspending the individual site and/or suspending the entire VPS or Dedicated Server. For example: A violation resulting in a "Spam" complaint. We shall investigate the complaint to determine how the spam is being sent. We shall provide a best effort analysis to locate the source of the spam. If for example it is being sent from a script, we shall attempt to disable that script and notify The Customer. If it is being sent from an individual account, if possible, we will attempt to disable password access to that account. We shall then notify the customer giving them 24 hours to investigate the complaint and provide a resolution to the abuse complaint. Should we be unable to isolate and/or disable the source of the "Spam" we may place a SMTP filter against The Customer's service to prevent additional emails from being sent out until at which time a resolution to the issue is made. If after 24 hours no response has been received from the customer, additional steps may be taken to ensure the "Spam" has been stopped such as system wide SMTP filters, suspension of individual sites, disabling password access to certain accounts, disabling of scripts or as a final step suspension of all services. For example: A violation resulting from "Resource Abuse". We shall investigate the resource abuse and provide the Customer with a best effort analysis of the problem causing the resource abuse. At which time the Customer will be given a time frame to make the corrections to their code, scripts, mysql queries or software services running. If the issue is not corrected within the time frame given, Consciousites will then take further steps to ensure the stability of the network and servers and may take actions including but not limited to disabling plugins, themes, accounts, scripts, services and in reserves the right to issue a full service suspension depending on the severity of the issue based upon Consciousites's judgment of the scenario. None of the above examples are meant to be specific guidelines with regards to how each and every case may be handled. Consciousites reserves full rights to use it's judgment and discretion in how each individual case is handled.

Other

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

Disclaimer

Consciousites 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 Consciousites network. Inquiries regarding this policy should be directed to Legal dept at [email protected]