Thumper Media : Acceptable Use Policy
Thumper Media

Acceptable Use Policy and Service Guidelines

Thumper Media provides web site hosting and dedicated services to its clients as a way for those clients to pursue the informational and commercial exchange the Internet affords. To protect the interests of all clients and to ensure optimal service levels, Thumper Media has developed the following Acceptable Use Policy ("AUP") for clients as a guide to client rights and responsibilities when utilizing services offered by Thumper Media. Use of any service offered by Thumper Media and/or its affiliates by any client will constitute acknowledgment of and agreement to the terms outlined in this document. This AUP may be revised in part or in full at any time by Thumper Media and notices of changes will be posted to the Thumper Media website. Continued use of services offered by Thumper Media after such changes or enhancements to the AUP have been made will constitute acceptance of any revisions to the AUP.

Content

All services provided by Thumper Media may be used for lawful purposes only. Thumper Media does not monitor, edit, censor, or take responsibility for client content or communications from within the network controlled by Thumper Media except inasmuch to determine if violations of the AUP have occurred once a suspected violation has been brought to the attention of Thumper Media. Therefore, clients are solely responsible for the content and use of their service as provided by Thumper Media and should ensure that such use falls within the guidelines of the AUP. Thumper Media cannot and will not monitor, edit, censor, or otherwise interfere with information or content clients may retrieve from sources outside the Thumper Media network even when such information is made available to clients through the use of material deliverable to any site or service maintained by Thumper Media, such as via email. Because of this, Thumper Media will not be responsible for injury or liability to any client resulting from communications that may be offensive, misleading, illegal, or otherwise unsuitable in the view of the client. Clients further agree to indemnify and hold harmless Thumper Media or any of its affiliates from claims resulting from the use of any provided service which damages the client of any other party.

Data Retention

Backups are performed by Thumper Media and/or its affiliates as a courtesy to clients; however, all clients are advised to maintain a current local copy of their files in the event backups are irretrievable for any reason. Thumper Media will not be deemed responsible for data or other loss resulting from the unavailability of backups. Backups will not be retained for accounts that have been cancelled, unless such retention is deemed necessary by Thumper Media. As cancellation requests are processed immediately, any required files from the affected account should be downloaded prior to the cancellation request.

Prohibited Activities

1. Commercial advertising - email:

2. Misuse of system resources:

3. Illegal or obscene content:

4. Intellectual property violations and defamatory or abusive material:

5. Other activities:

Account Policies and Cancellation

Cancellation requests must be made via email to billing@thumpermedia.com. No other avenues of cancellation will be accepted. While no advance notice of cancellation is required, all fees paid for service to the point of cancellation are nonrefundable. Cancellations made within 30 days of beginning service are subject to the Thumper Media 30-day guarantee, and will result in a refund of fees paid. All fees paid for domain registration are nonrefundable, without exception. Domain registration for accounts payable by check are completed only after payment is received.

Accounts are payable in full at the time of account creation. If payment by check or money order is selected, payment must be received within two (2) weeks of account activation or the account will be suspended without notice. New accounts that remain past due thirty (30) days after account activation are subject to termination. Any account reaching thirty (30) days past due is subject to suspension for nonpayment. Such accounts are subject to termination after forty-five (45) days in a past due state. All invoicing and payments are automatic and recurring based on the contract length specified by the client at the time of account setup or by request after setup has been completed.

Service and Reporting

Thumper Media reserves the right to refuse, cancel, or suspend service at its discretion. All clients, direct or indirect via resold account and all subnetworks and subsidiaries are subject to the terms of this AUP. Any violations of the above policy may be made via email to abuse@thumpermedia.com or via postal mail to:

Thumper Media
60 East Linden Avenue
Suite 3C
Englewood, NJ 07631

Indemnification and Governance

All customers agree to indemnify, defend, and hold harmless Thumper Media and/or its affiliates from any and all losses, expenses, liabilities, claims, attorney's fees, damages, awards, judgments, or actions that may arise from the use of this service other than as expressly authorized by the terms of this policy. Thumper Media makes no warranties, expressly or implied, for this service. This service is offered on an "as is" basis, and customers waive all claims as noted above that may arise from the inability to use this service as provided. The recourse available to customers should customers become dissatisfied with this service, the terms of this service, or any policy, practice, or guideline as set by Thumper Media will be limited to discontinuation of service as denoted in the Account Policies and Cancellation item above.

Copyright Information

This document and all portions of the Thumper Media web site, including images, text, and scripts where ownership is not held by third parties are copyright 2003 Thumper Media. No portion of this site or the content contained within may be reproduced in any form, or modified or otherwise altered for use by any party without the express permission of Thumper Media. Under no circumstances may the Acceptable Use Policy or Privacy Policy be reproduced by any party for any reason. Violations of the copyright held by Thumper Media on any material from this site may be reported to abuse@thumpermedia.com.


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