FAN SITES ORG, LLC WEBSITE HOSTING AGREEMENT
Website hosting Services like ORG are possible because the law permits internet service providers like ORG to provide Services allowing users like you to create and disseminate content, allowing internet service providers like ORG a safe harbor and/or an immunity from liability. These immunities and safe harbor provisions nevertheless provide that users such as yourself are still legally responsible for the content of the material that you upload to the website.
Accordingly, we are making the following disclosures to you, and by your use or continued use of the Services, you are accepting the terms of the Agreement.
II. YOUR RESPONSIBILITY
Whenever you post material to the fansite, post links on a fansite, or otherwise make material available by means of the fansite, you are entirely responsible for the content of, and any harm resulting from, that content (“Content”). You are entirely responsible for any harm resulting from that Content, without regard to whether the Content consists of text, graphics, and audio file, or computer software. By uploading and making Content available, you represent and warrant that:
1. The Content does not, and will not, infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, or any third party;
2. You have taken all the steps necessary to comply with any third-party requirements for licenses relating to the Content, and you have done everything necessary to communicate to end users any required terms of the licenses;
3. The Content does not contain or install any viruses, Trojan horses, malware, worms, or other harmful or destructive content;
4. The Content is not spam, is not machine- or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites or to mislead recipients about the source of the material (such as spoofing), or to make it possible for you or others to commit unlawful acts, such as phishing;
5. The Content is not pornographic, and does not contain threats or incite violence toward individuals or entities and does not violate the privacy or publicity rights of any third party;
6. You are not promoting your fansite through unwanted electronic message such as spam links on news groups, email lists, other blogs and websites, and similar unsolicited promotional methods;
7. Your fansite is not named in a manner that misleads your readers into thinking that you are some other person or company, or that you are authorized by some other person or company to create the fansite.
8. Your fansite is not directed toward children under the age of 13, nor will you use the fansite to collect or store private data of children under age 13.
9. You agree that you will indemnify and hold harmless ORG, and its licensors, affiliates, and their respective directors, officers, employees and agents, against any and all claims and expenses, including attorneys’ fees, arising out of content posted on your fansite, including but not limited to any violation of this Agreement.
III. OWNERSHIP OF CONTENT
You are the owner of the original expressive Content authored by you and placed on your celebrity fansite. By submitting content to ORG for inclusion on your celebrity fansite, you grant ORG a worldwide, royalty-free exclusive license to reproduce and publish the Content solely for the purpose of displaying, distributing and promoting your celebrity fansite. If you delete Content, ORG will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. In the event that your status as webmaster of your celebrity fansite is terminated, the license that you had previously granted shall be converted from an exclusive license to a non-exclusive license.
Without limiting any of the representations or warranties that you have given, ORG has the right (though not the obligation) to, in ORG’s sole discretion (i) refuse or remove any Content that, in ORG’s opinion, violates any ORG policy or is in any way harmful to third persons, or (ii) terminate or deny access to and use of the celebrity fansite to any individual or entity for any reason, in ORG’s sole discretion.
IV. THIRD-PARTY ALLEGATIONS OF COPYRIGHT INFRINGEMENT AND SAFE HARBOR COMPLIANCE POLICY
WE respect the intellectual property rights of others, and WE expect you to do the same. If and when material placed by you on your celebrity fansite is the subject of a Digital Millennium Copyright Act (“DMCA”) takedown notice, WE will respond to all such notices, including, as required or appropriate, the removal of infringing material or disabling all links to the infringing material. Pursuant to the DMCA, you will be given an opportunity to file a counter notification under circumstances in which, among other things, you provide a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. We maintain a Repeat Infringer Policy, pursuant to which we will terminate accounts that have been the subject of three separate DMCA notices within a calendar year. In the event that your materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter notification, WE will treat the underlying DMCA notice as withdrawn. We do, however, reserve the right to terminate accounts that are the subject of fewer than three DMCA notices within a calendar year, in appropriate circumstances, such as where the user has demonstrated a propensity to violate or willfully disregard OUR Terms of Service. WE reserve the right to improve OUR Repeat Infringer Policy to take account of circumstances in which DMCA notices are directed to content that represents only a small percentage of a user’s total posts.
V. RESERVATION OF RIGHTS TO DISPLAY ADVERTISEMENTS
WE reserve the right to display advertisements on your celebrity fansite website, provided that such advertisements shall not consume an unreasonable amount of any page or otherwise interfere with the display of your content.
VI. DOMAIN NAMES
Most domain names for celebrity fansites will be registered in our name. However, some celebrity fansites available through OUR site will be registered to a domain name in the name of a user. If you are a registered owner of a domain name celebrity fansite, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their registration rights and responsibilities.
VII. MODIFICATION AND TERMINATION OF THIS AGREEMENT
WE reserve the right, at OUR sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. WE may also, in the future, offer new Services and/or features through the Website (including the release of new tools and resources). Such new features and/or Services shall be subject to the terms and conditions of this Agreement. Furthermore, we may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your celebrity fansite relationship with us, you may simply notify us of your intent to terminate. Certain provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, as well as provisions which by their nature necessarily survive termination.
VIII. LIMITATION OF LIABILITY
In no event will WE, or OUR affiliates, suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute Services; (iii) for interruption of use or loss or corruption of data. WE shall have no liability for any failure or delay due to matters beyond OUR reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
IX. DISCLAIMER OF WARRANTIES
The Website and the Services are provided “as is.” WE and OUR affiliates and licensors disclaim all warranties of any kind, whether express or implied, including, without limitation, warranties of fitness for a particular purpose and non-infringement. Neither WE, nor OUR affiliates and licensors, make any warranty that the Website or OUR Services will be error-free or that access thereto will be continuous or uninterrupted. Anything that you download from, or otherwise obtain, from or through the Website, or OUR Services, is obtained at your own discretion and risk.