Terms of Service Agreement (last updated 11/10/02)
by subscribing to, purchasing and/or using any of our anonymous services, you are agreeing that you have read, understand and are in compliance with our terms of service agreement as show below.
THIS AGREEMENT
is made by and between Katz Global Media, an Arizona business, of POB 35267,
Tucson, Arizona 85740 (hereinafter "Katz or Katz Global Media") and
Any Client (hereinafter "Client")(each a "Party", collectively
the "Parties")
TITLE OF AGREEMENT
This agreement shall be referred to as the Terms of Service Agreement ("Agreement")
NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the mutual covenants
and agreements herein contained and subject to the term and conditions hereafter
set out, the parties agree to the following:
This Services Agreement contains the complete terms and conditions which govern
your subscription of Anonymous Hosting and/or Anonymous Domain Registration.
By clicking on the "Submit" button, you acknowledge that you have
read the Anonymous Services Agreement, and you agree to its terms of service.
Our service is considered to be anonymous. We do not request your Name, Address, Phone Number, Fax Number or any other personal or business information except your email address. (email may be web based for maximum anonymity.)
If you volunteer any of the above information to Katz Global Media, we will document it in our records. If we receive a legal request from an authority of the United States, we are required by law to turn over any information we have on record.
We never ask for any of your personal information, therefore we can never give it out.
Disclose at your own risk.
GENERAL TERMS
Domains you purchase through Katz Global Media's Domain Trust are registered and owned by Katz Global Media. You will be issued a customer ID# and that is the key that controls your account. Under this agreement you are granted all the rights of domain management as if you were the registering party. We act as a trust. This means that we administer your domains for you as a sub contracted 3rd party. You may buy, sell and manage your domains. You may also redirect your domains to any server and specify DNS for your domains.
If you ever wish to cancel our anonymous service for your domain(s), we will transfer ownership of the domain to you upon your request as long as your account payment status is up to date.
If you neglect to pay for services we reserve the right to cancel this agreement and repossess the rights granted to you over the domain(s) in question.
We reserve the right to terminate your hosting account without notice for any violation of our agreement or any apparent or implied violation of the law.
APPROPRIATE USE OF OUR SERVICES
The following is not permitted:
• Content
or data connections that violate any state, federal or foreign laws or regulations;
• Content that infringes on any intellectual property rights (e.g., copyright,
trademark, patent or other proprietary rights) of Katz Global Media
or any third party;
• Content that is defamatory, slanderous or trade libelous;
• Content, transmissions and data connections that are threatening or harassing;
• Content that is discriminatory based on gender, race, age or promotes
hate
• Placing of trojans, virii, viruses, backdoors or any malicious code used
to cause damage to Katz Global Media or any other third
party weather intentional or unintentional..
Client may occupy only the amount of disk space on Katz Global Media's Servers
and utilize no more than the network bandwidth which is allotted by Katz Global
Media.
Client may
be charged a penalty for over-utilization of either disk space or network bandwidth.
Client shall
not use the Services for chain letters, junk mail, spamming, or any use of distribution
lists to any person who has not given specific permission to be included in
such a process.
Client also shall not engage in any unsolicited email practices on or through
our servers.
Katz Global Media, in its sole discretion, may immediately terminate this Agreement
if Client engages in any of the foregoing. To report any unacceptable behavior
by a third party using the Services, please contact info@katzglobal.net.
SPAM POLICY
Depending on the circumstances each violator will be issued our "one-time warning" email. This email warns them that their behavior will lead to the termination of their site, as well as ban them from ever returning to Katz Global Media.
Either after an initial warning or warnings, or if the situation is considered severe, the client will be notified of their termination and their site will be removed from Katz Global Media's servers.
If you have collected email addresses of willing participants to your organization, company, program, or newsletters then it is ok to send out bulk email to these people. It is also ok to send out personalized individual email to other companies you know or have heard about that have not given you consent, but of which you have received a referral.
Katz Global
Media reserves the right to decide what it considers "spam", "UCE",
"mail bombing", or "bulk email". Let us know if you are
unsure of your email responsibilities before placing an order.
Laws vary drastically from state to state and country to country. We recommend
studying the law and requesting permission from us before mass mailing when
there is any question as to the legalities of the mailing in question.
COMPLIANCE OF THE USC CODE
You must operate your site within the guidelines set forth in TITLE 18 , PART I , CHAPTER 47 , Sec. 1030 of the USC code. Any violation of this code will result in the termination of your account.
You must also operate your site within the guidelines set forth in TITLE 18 USC 2257 of the USC code. Any violation of this code will result in the termination of your account.
ADULT CONTENT POLICY
Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material". However, it is not our function to discriminate against those who choose to utilize adult content or adult related material.
Katz Global Media reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order. If we do approve a website which contains material of an adult nature and nudity, all models depicted must be over the age of 21 and you must be in full compliance of statute TITLE 18 USC 2257 of the USC code and be able to prove compliance at our request.
SEPARABILITY
If any clause, sentence, paragraph or part of this Agreement or the application thereof to any person or circumstances, shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Agreement or the application thereof to any other person or circumstances, but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the intent that this Agreement would have been accepted even if such invalid provision had not been included.
ARBITRATION
In the event of any controversy or dispute arising with respect to this Agreement or the interpretation or breach thereof between Katz Global Media and Client Katz and the Client agree, in good faith, to promptly attempt to settle such dispute amicably by conciliation. In the event that they are unable to do so, any such controversy or dispute shall be settled in accordance with the voluntary Labor Arbitration Rules then prevailing of the American Arbitration Association located with the State of Arizona by a single Arbitrator.
ENTIRE AGREEMENT
This Agreement represents the entire understanding between the parties and supersedes all previous agreements, written or oral, which may have been entered into prior to the date of execution hereof. This Agreement may be altered anytime at the sole discretion of Katz Global Media.