TERMS OF SERVICE

(2) Digital Millennium Copyright Act (DMCA)

(a) You may not use the Service in any manner that infringes upon any copyright. Such infringement may include, but is not limited to selling counterfeit goods, unauthorized copying of photographs, books, music, videos, or any other copyright protected work. It is our policy to promptly investigate compliant notices of alleged copyright infringement that are provided to us in writing regarding Content hosted on or otherwise displayed via our systems. Our response to such notices may include removing or disabling access to the Content or website claimed to be the subject of infringing activity, without prior notice, and without regard to the complaint's substance or merit (or lack thereof). Media Temple reserves the right, in its sole discretion, to close any (mt) Account for which Media Temple receives three or more copyright infringement complaints, without prior notice and without a refund of any fees.

(b) Any person or party who wishes to file a claim of copyright infringement regarding Content hosted on or otherwise displayed via our systems may file notice via either email, fax or postal mail. Any person or party who requires assistance filing a claim of copyright infringement should consult or hire a lawyer or other legal professional for assistance. NOTE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including, but not limited to costs and attorney's fees) incurred by the alleged infringer, the copyright holder or its licensee, or the service provider.

To email, send to legal@mediatemple.net
To fax, send to +1 (310) 943-3559
To send via postal mail, send to:

GoDaddy Media Temple, Inc.
Attention: DMCA Compliance Officer
14455 North Hayden Road Suite 100
Scottsdale, AZ 85260

(c) The law requires very specific language be present in any notice of alleged copyright infringement. As set forth in the DMCA, in order to be effective, a notice of copyright infringement must include all of the following:

  1. The physical or electronic signature of complaining party;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the content 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 us to locate the content (i.e. the specific URLs where the allegedly infringing activity is said to be taking place);
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(d) A counter notification is a legal request for Media Temple to re-enable or otherwise restore access to the material claimed to be the subject of infringing activity. The law requires very specific language be present in any counter notice. As set forth in the DMCA, in order to be effective, a counter notice must include all of the following:

  1. The physical or electronic signature of the alleged infringer or an agent authorized to act on behalf of the alleged infringer (such as an attorney);
  2. Identification of the material that was removed (or to which access was disabled) and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the alleged infringer (or his/her authorized agent) has 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;
  4. The alleged infringer's (or his/her authorized agent's) name, address, and telephone number, and a statement that the alleged infringer (or his/her authorized agent) consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer's (or his/her authorized agent's) address is outside of the United States, for any judicial district in which the service provider may be found, and that the alleged infringer (or his/her authorized agent) will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

(e) Upon receipt of an infringement counter notice that substantially complies with the counter notification requirements set forth in the DMCA, the DMCA requires us to provide the complaining party with a full copy of the counter notice provided to us by the alleged infringer or his/her authorized agent. The DMCA also requires us to permit the alleged infringer to restore access to the material claimed to be the subject of infringing activity, within no less than ten business days and no more than fourteen business days following our receipt of a compliant counter notice, unless we first receive notice that the complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity. Be advised, regardless of whether or not the complaining party files an action seeking a court order to restrain the alleged infringer from engaging in infringing activity, the complaining party may still maintain the right to seek relief in a court of law. It is our policy to adhere to all orders of the court. Any court order issued in connection with a complaint that has been filed against the alleged infringer with which we are served will, with immediate effect, supersede any allowance we may have made permitting the alleged infringer to re-enable or otherwise restore the access to the material claimed to be the subject of infringing activity. A filing of a copyright infringement counter notice may result in litigation between and among the parties.

(3) Trademark Infringement Claims

(a) You may not use the Service in any manner that infringes on the rights of any person or party. Such infringement may include, but is not limited to selling counterfeit goods, unauthorized copying of photographs, logos, designs or other lawfully protected works. It is our policy to promptly investigate compliant notices of alleged trademark infringement that are provided to us in writing regarding Content hosted on or otherwise displayed via our systems. Our response to such notices may include removing or disabling access to the material claimed to be the subject of infringing activity, without prior notice, and without regard to the complaint's substance (or lack thereof). Presently, there is no counter notification process in place for trademark law. If you wish to object to the complaint filed against you, you will need to take matter up with the trademark owner in a court of law. In any case, you hold Media Temple completely harmless in all matters concerning our action with respect to any trademark infringement complaint. Media Temple reserves the right, in its sole discretion, to close any (mt) Account for which Media Temple receives three or more trademark infringement complaints, without prior notice and without a refund of any fees.

(b) Any person or party who wishes to file a claim of trademark infringement regarding Content hosted on or otherwise displayed via our systems may file notice via either email, fax or postal mail. Any person or party who requires assistance filing a claim of trademark infringement should consult or hire a lawyer or other legal professional for assistance. NOTE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including, but not limited to costs and attorney's fees) incurred by the alleged infringer, the trademark owner or its licensee, or the service provider.

To email, send to legal@mediatemple.net
To fax, send to +1 (310) 943-3559
To send via postal mail, send to:

(mt) GoDaddy Media Temple, Inc.
Attention: DMCA Compliance Officer
14455 North Hayden Road Suite 100
Scottsdale, AZ 85260

(c) In order for us to investigate any claim of alleged trademark infringement, the notice of trademark infringement must include, substantially, all of the following:

  1. The trademark or service mark ("the mark") claimed to be the subject of infringing activity;
  2. The registration number of the mark;
  3. The country of origin of the mark;
  4. The contact information of the owner of the mark, including name, address and telephone number;
  5. The goods or services associated with the mark;
  6. A complete description of the manner in which the complaining party believes the mark has been or is being infringed upon;
  7. The precise location of the allegedly infringing activity, specifically, the URLs;
  8. A statement, under penalty of perjury, that the complaining party has a good faith belief that use of the mark in the manner complained is not authorized by the owner of the mark, and use of the mark by in the manner complained infringes upon the rights of owner of the mark.

(4) Effects of our Actions

(a) In some cases, when we remove or disable access to material claimed to be the subject of infringing activity or that, in our judgment, breaches any section of this Agreement, that action may cause some elements or areas of your website or the Service to malfunction or become unavailable. In no event shall Media Temple be held liable in any case and you are solely responsible for repairing or redressing such an issue.

(b) If we are unable to immediately access Content claimed to be the subject of infringing activity or that, in our judgment, breaches any section of this Agreement, or if our attempt to remove or disable access to said Content or website is unsuccessful we may immediately suspend the website or Service upon which the Content is displayed. In any such case, you will not be permitted to re-enable or otherwise restore access to the website or Service until you have complied with all of the terms set out in our notice to you concerning the issue.

(c) If any Content or website is disabled or removed pursuant to Media Temple's obligations as a service provider under the DMCA, or pursuant to any section of this Agreement, re-enabling or otherwise restoring access to that Content or website is prohibited until and unless you are otherwise notified by Media Temple, via Support Request. In any event where the Content or website is re-enabled or otherwise restored (whether on the original (mt) Account or a different (mt) Account), absent Media Temple's express authorization as set forth in this Agreement, the (mt) Account will be closed with immediate effect and without prior or further notice.

(d) You must immediately remove or disable access to any duplicative or derivative works of any Content or website Media Temple may disable pursuant to any section of this Agreement, whether or not such Content has the same title, name or label as the offending Content, is in any other format, form, size or is in or on any other directory or location on our systems. Your failure to do so could subject you to civil liability pursuant to U.S. federal law, and could also result in the suspension or closure of the (mt) Account.

(5) (mt) Intellectual Property

(a) The Media Temple Website, including all text, HTML, scripts, and images are copyright 1998-2016. All rights reserved. With the exception of the use of designated promotional materials for the purpose of encouraging third parties to use the Service made available for download on our affiliate (https://mediatemple.net/affiliate) and referral (www.mediatemple.net/referrals) webpages, any replication, modification, or copy of any part of this Website without the prior, written consent of Media Temple is prohibited. This notice applies to site visitors, customers, non-customers, affiliates, and resellers of Media Temple. Media Temple is a mark of GoDaddy Media Temple, Inc. "Media Temple", "(mt)", "Web Control Panel", "Move a Domain", "Move a Site", "CloudTech", "CloudTech On-Demand", "We host great ideas", "Hosting Great Ideas", "Virb" and the Media Temple and Virb graphic logo are all trademarks of Media Temple. All other trademarks are the property of their respective owners. Media Temple marks may only be used with the express advance written permission of Media Temple and, in any event, may never be used to (i) promote or otherwise market competitive products or services; or (ii) disparage Media Temple, its products or services, or in any manner which in our judgment may diminish or otherwise damage the goodwill we've established in our marks. Except as expressly provided, nothing within any of the Service shall be construed as conferring any license under any of Media Temple intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate Media Temple and the Service is protected by copyright, trademark, patent, or other proprietary rights of Media Temple and its affiliates, licensors and service providers.

(b) Except as expressly provided to the contrary, you agree not to modify, alter, remove or deface any of the trademarks, service marks, or other intellectual property made available by Media Temple in connection with the Service. You agree not to use any of the trademarks or service marks or other content accessible through Media Temple for any purpose other than the purpose for which such content is made available to customers by Media Temple. You may not use any of our marks as domain names.

(c) We're constantly looking for new ways to improve the Service, our programs (e.g. Affiliate Program) and developing new products, services and features. Any information you send to Media Temple, including but not limited to any ideas, remarks, suggestions, or prototypes ("Information"), shall immediately become the exclusive property of Media Temple and we are entitled to use the Information without restriction or compensation to the person or party who sent us the Information. Under no circumstances shall any dissemination of Information to Media Temple be subject to any obligation of confidentiality or expectation of compensation. By sending us Information, you are waiving any and all rights you may have in the Information.

(d) You understand that Media Temple shall exclusively own all rights and interests in the Service, including, without limitation, all of the intellectual property rights therein. The Service is licensed, not sold under this Agreement. This Agreement grants you a temporary, non-exclusive, revocable, royalty-free license to use the Service during the period permitted by Media Temple, which is determined at our sole and absolute discretion, and which may be changed at any time, for any reason or no reason and with or without notice. You agree that you will keep the Service free of all security interests, liens, or other encumbrances. You may not sell, lease, license, loan or otherwise transfer or dispose of the Service and you will be responsible for any loss or damage to the Service.

(e) As a Media Temple customer, by accepting these Terms of Service, you agree that Media Temple can use your individual name and/or your company’s name and/or logo on our website, marketing materials, and other advertisements to indicate that you are or at one point were a Media Temple customer. If you are creating a website on behalf of a client or other third party, you represent and warrant that you have permission to grant this authority on behalf of that third party. This provision shall survive termination of this agreement or your customer relationship with Media Temple.

(6) Reselling and Online Stores

(a) Reselling space. If you are reselling space within the Service to others or using the Service to sell or offer goods or services to any person or party ("Your Users"), please note that you are solely and fully responsible for and to Your Users. We will not provide support to Your Users. In no event shall Media Temple be held responsible for or to Your Users. In no event will Media Temple mediate any dispute or controversy arising between you and Your Users or any other person or party. Your Users may not contact us directly to support the Service. You agree that we may terminate this Agreement, and create a direct contract relationship with Your Users, should we determine that you are not providing adequate support to Your Users. We agree to give you at least 60 days prior notice of such a determination, and will include information reasonably designed to help you provide adequate support. If one of Your Users contacts us, we reserve the right to suspend the (mt) Account until you assume responsibility for Your Users. You are responsible for all Content stored or transmitted by Your Users and any other actions of Your Users. We will hold you responsible for any of Your Users violations of law or the terms of this Agreement. You are not permitted to represent to Your Users or potential customers of yours that you are Media Temple or have any relationship with Media Temple other than a user of Media Temple's services. Without Media Temple's prior written consent, you may not use Media Temple's name or trademarks on your website or use our domain names in any fashion. You agree to enter into a contract with Your Users containing terms no less protective of our interests than this Agreement, Acceptable Use Policy, and Privacy Policy. Your limitation of liabilities, warranties and privacy policy must be similar to those that we include in our Agreements. You agree to make your contract available to Your Users before you enter into a contract with them. We have no contractual relationship with Your Users. You agree to indemnify and hold us fully harmless from any claims made against us by Your Users based on the Service we, or any party providing services through us, provides. This paragraph does not give you any exclusive or territorial rights. We still have the right to enter into reseller relationships with other entities on terms that may differ from our terms with you. Other companies, including Media Temple and our other resellers, can and will compete against you. We encourage you to actively market our Service. However, you must first submit any marketing materials to us for pre-approval. Upon written approval you are permitted to use our name, logo and trademarks (collectively, the "Marks") for all proper purposes related to the performance of your duties hereunder only so long as this Agreement is in effect. Your use of such Marks shall be in accordance with our policies. You will have no right in the Marks, and agree to take no action that might jeopardize our rights in the Marks, or appropriate them for your own use, or those of another. You are not authorized to make any representation, contract or commitment on our behalf except to the extent specifically requested or authorized by us in writing. Your authority is specifically limited to the solicitation of orders from leads for the Service. You shall not make written or oral promises or representations to any prospective customer. All orders solicited by you shall be subject to acceptance by us upon such terms and conditions, including prices, as we shall determine in its sole discretion. You understand that you are not assured of any particular level of income, profits or success.

(b) Sales Practices. In the conduct of your business, you shall safeguard and promote the reputation of Media Temple's Service and business name, and shall refrain from all conduct which might be harmful to such reputation or to the marketing of your Service. You shall strictly refrain from all deceptive, misleading or unethical business practices. You shall comply with all applicable policies and procedures as well as applicable state and federal rules and regulations. Any violation by you of this paragraph shall constitute a material breach of this Agreement and in addition to all remedies available to us, you shall indemnify and hold harmless us in respect to any fee, fine, penalty, or liability imposed against us arising from any activities by you. The prices you charge for the Service you resell shall be solely determined by you. Likewise, you are solely responsible for collecting from Your Users all charges related to the Service, such as applicable taxes. We shall be able to rely and act based on the information you or Your Users provide to us.

(7) U.S. Export Laws

This Website, the Service, certain software, related documentation, and technical information made available through Media Temple (collectively, "Certain Content") are subject to United States export laws, administrative acts, and regulations (collectively, "U.S. Export Laws"). Users of Certain Content are not permitted to export or re-export, or allow the export or re-export of, the Service in violation of any U.S. Export Laws. By using Certain Content, you represent and warrant that you are not located in, under the control of, or a national or resident of any embargoed country or country on the U.S. Department of Commerce’s Table of Denial Orders; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws. You agree not to export or re-export, or allow the export or re-export of Certain Content directly or indirectly to any countries that are subject to United States export restrictions.

Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

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