Hosting Application Form
Print out this form, indicate your approval by signing on all the pages and at
provided below and fax (+63-75-522-5089). Please allow for 24 hour
business day processing of your application. You will be contacted upon
Registered Domain Name:
[ ] Please register this domain for my account. (Registration fee is 100 usd for the 1st 2 years.
Lead time is normally48 hours during business
Alternative Domain Name to register in case the Domain Name above is
Website URL: i.e. www.yourcompany.domain
Telephone and Fax Number
Owner's E-mail Address:
Domain Owner's Mobile Phone:
(leave blank if Bitstop will
register your domain)
Technical Contact E-mail Address:(leave
blank if Bitstop will register your domain)
blank if Bitstop will register your domain)
Technical Contact's Mobile Phone:(leave
blank if Bitstop will register your domain)
[ ] WebHosting
[ ] MailHosting [
] Windows NT/2000 [
] FTP [
] FrontPage [
[ ] SharePoint
Team Services [ ] Database Support
[ ] Site Usage Analysis
[ ] WebMonitoring
Others:(subject to approval)
[ ] To run executable Programs
(Rate subject to change.)
[ ] PHP
[ ] PHP 2,500.00 (if with special requests)
(Rate subject to change.)
[ ] PHP
500.00 per 400mb increments/month
[ ] PHP 5,000.00 per 3.5 gb/month
[ ] PHP _______ per _____month if w/ special request
have read and agree to the conditions stated below, I also understand that
Bitstop reserves the right to refuse service without need for any reason or
1. Bitstop Licenses you the Right to a
Web Site hosting services with Certain Limitations.
to and conditioned upon BITSTOP Network Services’ retained rights and all
other terms and conditions set forth in this AGREEMENT, BITSTOP agrees to
license to YOU the right to use storage space for YOU for the exclusive
purpose of storing and serving YOUR web site content via BITSTOP’s equipment
for purposes consistent with this AGREEMENT. A monthly charge of PHP 550.00
for 400 megabytes of storage space used, including all files in the
subdirectory, logs and database space used, will be billed to you at the
end of each month. Each bill should be paid not later than 5 working days for
date thereof. This agreement is for a period of one year, unless sooner
revoked by Bitstop.
The Original Owner Retains The Rights To Any And All Materials YOU
and all materials uploaded by YOU remain the property of the original owner of
such materials. BITSTOP does not obtain any ownership interest in such
materials, although YOU expressly instruct BITSTOP to make such materials
available for public viewing on YOUR Web Site until such time that YOU delete
such materials from YOUR Web Site or for the life of this agreement, whichever
is shorter. Of course, BITSTOP’s rights to these materials are also not less
than those of the general public could use them, such as by linking to YOUR
web pages or publishing a review of YOUR web pages.
3. Bitstop Makes No Warranties or Promises About The
Performance Or Other Characteristics Of The Information, Services, or Products
warranty is made by BITSTOP regarding any information, services or products
provided through or in connection with this AGREEMENT, and BITSTOP hereby
expressly disclaims any and all warranties, including without limitation: 1)
any warranties as to the availability, quality, quantity, or content or
services or goods provided to YOU hereunder; and 2) any warranties of
merchantability or fitness for a particular purpose. The Parties hereby agree
and acknowledge that no representations of any kind have been made to YOU
regarding the potential volume of patronage of YOUR web site or any other
person’s or entity’s web site or web page.
Bitstop Will Never Be Liable To You, Even If You Are Harmed By
BITSTOP shall not be liable for any damages resulting from
disseminating, failing to disseminate, or incorrectly or inaccurately
disseminating any communication, advertisement, or other materials of any kind
comprising in whose or in part YOUR use of Web Site Space or BITSTOP’s
BITSTOP shall in no event be liable to YOU, your customers or any third
party for any loss resulting from any negligent or unintentional act of
BITSTOP, and YOU specifically agree that BITSTOP does not owe YOU any duty of
care with regard to BITSTOP’s performance of its obligations under this
agreement. Without limiting, and in addition to the foregoing, BITSTOP shall
not be liable for any losses resulting from a failure of computer equipment,
or in the event that BITSTOP intentionally takes down some or all of its
computer equipment or network, whether for maintenance or otherwise. It is
YOUR duty to maintain primary storage of YOUR web site content on YOUR
premises, and BITSTOP will have no liability for the accidental or
unintentional destruction of any data stored on BITSTOP’s equipment,
regardless of the cause.
5. This Agreement Is Based On Various
Material Promises And Representations, Including Those Set Forth In
Detail In This Paragraph.
a. YOU told the truth when YOU signed up for web
hosting; You Will Keep Us Informed Of Changes To Your Sign up information:
When you signed up to host your web site with us, you provided us with
certain information (i.e. e-mail address, phone number, etc.). All of this
information must be true and accurate. If it changes, you must immediately
notify us of the change. The provision of current, accurate, and complete
information is a material term of this Agreement.
YOU will not break the law, including intellectual property law:
YOU agree and warrant that YOUR use of Web Site Space and/or BITSTOP’s
Equipment shall at all times comply with all laws, including, but not limited
to, all federal, state and local laws throughout the Philippines.
Affirmatively present, agree and warrant that you have and at all times shall
have all necessary intellectual property rights, including, but not limited
to, all copyrights, trademark and service mark rights and rights of publicity,
both in the Philippines and throughout the world, to reproduce and
disseminate, via the World Wide Web, all materials of every kind which YOU
store in Web Site Space.
YOU will not upload viruses: YOU agree and warrant that any
and all material(s) of every kind which YOU store in Web Site Space or
transmit using BITSTOP’s Equipment shall at all times be free from any and
all damaging software defects, including, but not limited to, software
“viruses” and other source code anomalies, which may cause software or
hardware disruption or failure, significantly reduced computer operating
speed, or compromise any security system.
YOU will comply with the Accepted Uses: YOU shall at all times
comply with the Accepted Uses and Policy as set forth at http://bitstop.com/policy.html.
Failure to comply shall be grounds for immediate termination.
Bitstop Is Held Liable, Gets Sued, Has To Hire Attorneys, Or Otherwise Incurs
Costs As A Result Of Your Actions, You Will Indemnify Bitstop For These Costs.
agree that you shall fully indemnify BITSTOP including its officers,
directors, owners, managing agents, attorneys, shareholders, related entities,
heirs, and assigns, from any and all claims, demands, actions, suits, losses,
liabilities, damages, injuries, fines, penalties, costs and expenses,
attorney’s fees, and all other consequences of every kind, directly or
indirectly resulting from any and all failure(s) to fully comply with all the
duties, obligations and other provisions set forth in this AGREEMENT,
including, but not limited to, YOUR warranties set forth in paragraph
further agree to indemnify and hold harmless BITSTOP including its officers,
directors, owners, managing agents, attorneys, shareholders, related entities,
heirs, and assigns, from and against any and all claims, demands, actions,
suits, losses, liabilities, damages, injuries, fines, penalties, costs and
expenses, including, without limitation, reasonable attorney’s fees, arising
out of any property damage or recoverable economic loss incurred by a third
party, to the extent such damage or loss is caused by any act or omission by
YOU in connection with the performance of this AGREEMENT. In the event that
BITSTOP reasonably believes that such an indemnity may become required,
BITSTOP may suspend YOUR web site until YOU provide BITSTOP with proof of
financial ability to provide this indemnity.
7. This Agreement Does Not Create a Joint Venture or
Partnership, and Bitstop Retains The Right To Provide Electronic Commerce
Services If It Desires.
in this AGREEMENT is intended by the Parties to create or constitute a joint
or collaborative venture or partnership of any kind between BITSTOP and YOU,
nor shall anything in this AGREEMENT be construed as constituting or creating
any such joint or collaborative venture or partnership between BITSTOP and
YOU. BITSTOP shall have no control nor ownership interests of any kind in YOUR
business. BITSTOP shall have no direct financial or other interest in, nor in
any way “own” any online “store” or other online venture pertaining
YOUR use of Web Site Space or BITSTOP’s Equipment.
relationship to YOU shall be restricted to matters pertaining to the licensing
of the use of Web Site Space exclusively.
Services Are Rendered On A Non-exclusive Basis, And Bitstop Can Provide Any
Other Services To Any Other Party As It May Desire.
and all services which are or may be provided to YOU by BITSTOP pursuant to
this AGREEMENT are not exclusive and nothing in this AGREEMENT shall limit or
restrict BITSTOP from providing similar services to third parties regardless
of whether such third parties are your competitors.
Expressly Disclaims Any Editorial Control, But Reserves The Right To Terminate
Your Web Site And/Or This Agreement Should Bitstop Be Made Aware Of Violations
Of The Law By You; Bitstop Also Reserves Its Right To Remove Offending
and YOU hereby agree that, consistent with the strict policy of BITSTOP and in
reliance of YOUR express warranties regarding the substantive content of
advertisements, communications, messages and other materials which YOU store
in Web Site Space, and/or otherwise disseminate via the use of BITSTOP’s
Equipment, BITSTOP shall not be required to exert any editorial or other
subjective control over the substantive content of such advertisements,
communications, messages or other materials. However, BITSTOP reserves the
right to terminate your use of its servers should Bitstop be made aware of
violations of the law or this Agreement by YOU.
is not required to provide any advance notice or explanation of such
termination. Bitstop may also remove material it reasonably suspects to
violate this Agreement, and such removal may be effected to use of a
computerized detection and removal program.
10. This Agreement May Be Terminated upon 60 day notice; All Rights
To The “Bitstop” Name And Sites and or any other root domain name and
sites offered by BITSTOP Remain With Bitstop.
term of this AGREEMENT is at will, and may be terminated upon a 60 day written
notice by either BITSTOP or YOU or otherwise as provided herein.
Furthermore, upon termination, the rights to any name and/or internet address
that terminates in bitstop.com, dagupan.com, pangasinan.com (i.e.
“mysite.bitstop.com” or “mysite.dagupan.com” or
“mysite.pangasinan.com”) or any other root domain name offered by BITSTOP
(i.e. “mysite.rootdomainname.com”) shall remain with BITSTOP to be used in
any manner BITSTOP desires.
If One Part Of This Agreement Is Unenforceable, Other Portions May Still
case any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other
provision hereof, and this AGREEMENT shall be construed as if such invalid,
illegal or unenforceable provision(s) had never been included. The invalidity
or unenforceability of any provision(s) of this AGREEMENT shall not affect the
validity or enforceability of any other provision.
12. If One Of The Parties Does Not Enforce Its Rights Under This
Agreement That Does Not Mean That Its Rights Under The Agreement Are
of either of the Parties at any time to enforce any of the specific provisions
of this AGREEMENT shall not preclude any other or further enforcement of such
provision(s) or the exercise of any other right hereunder. No waiver of a
breach of this AGREEMENT shall be valid unless made in writing and signed by
duly authorized representatives of both BITSTOP and YOU.
13. Any Disputes Under This Agreement Will Be Arbitrated Except For
Cases Under A Certain Peso Amount,
and all disputes as to the interpretation of or any performance under this
AGREEMENT which are not first resolved informally, shall be determined by
binding arbitration in Dagupan City, Philippines in accordance with the rules
of the Philippine Laws. The final award in any such arbitration proceeding
shall be subject to entry as a judgment by any court of competent
jurisdiction, provided that such judgment does not conflict with the terms and
provisions hereof. Nothing in this paragraph shall preclude either party from
seeking and obtaining any injunctive relief or other provisional remedy
available in a court of law, including, specifically, BITSTOP’s right to
prejudgment attachment and expedited discovery.
any legal fees, costs, or other expenses be incurred by any party in
attempting to enforce this, the prevailing party with regard to enforcement of
this arbitration shall be entitled to recover such legal fees, costs, or other
expenses without regard to whether such party prevails in the underlying case.
The monetary limitation on relief that may be sought in a lawsuit filed in the
city of Dagupan, shall not apply where the web site(s) at issue were created
as a result of fraud (i.e. if YOU create web sites using falsified information
during the sign up process, or create web sites knowing that you will use them
in violation of the terms of this agreement, YOU waive the right to force us
to arbitrate claims above the monetary limit set forth above).
14. The Agreement Provides For The Giving of Notices In A Specific
Manner; Bitstop May Change This
Agreement At Any Time By Posting A New Version At A Specified Web Site.
notices, payments, statements or other documents that any party to this
AGREEMENT is required to or elects to give to the other parties will be in
writing and will be delivered in one of the following ways: (a) by addressing
the notice as indicated below and depositing the same registered or certified
mail, postage prepaid, in the Philippine mail; (b) by Federal Express; or (c)
by e-mail. Furthermore, this AGREEMENT may be materially altered by BITSTOP by
posting the new version of the AGREEMENT at http://www.dagupan.com/policy.htm
and if posted in this manner, shall be effective five business days after
posting without providing notice pursuant to one of the foregoing mechanisms,
or immediately upon providing notice pursuant to one of the foregoing
mechanisms, whichever comes first. Each notice, statement or other document so
delivered, except as this AGREEMENT expressly provides otherwise, shall be
conclusively deemed to have been given when first personally delivered, on the
date of delivery or on the first date of receipt.
the event that BITSTOP does materially change the terms of this agreement, you
shall be bound by such changed terms unless you opt to terminate your
agreement within five days of receipt of notice of such change. However,
notice by e-mail or facsimile to BITSTOP shall be deemed ineffective, null and
void unless a copy of such notice is also sent by registered or certified mail
and postmarked not less than five days subsequent to the giving of facsimile
or e-mail notice. Until further written notice, the addresses of the parties
hereto are the following: For BITSTOP NETWORK SERVICES, INC.
2/f New Sim Too Bldg., AB Fernandez Ave., Dagupan City, Philippines
E-mail: email@example.com For YOU: To
the e-mail addresses and/or fax number, and physical address you entered when
you registered your web site.
15. This Agreement May Be Executed In Counterparts.
AGREEMENT, and all documents and instruments pertaining to it, may be executed
in counterparts, each of which shall be deemed to be an original and all of
which shall constitute the AGREEMENT, provided that the AGREEMENT shall not
become effective until completely conforming counterparts have been signed and
delivered by each of the parties hereto.
This Agreement May Not Be Assigned By You, But May Be Freely Assigned By
AGREEMENT and the rights pertaining thereto may not be assigned, resold or
otherwise transferred in whole or in part by YOU without BITSTOP’s prior
written consent. In particular, you may not sell accounts or sub accounts to
third parties. Notwithstanding the above, this AGREEMENT shall be binding upon
YOUR successors and assigns, if any. BITSTOP may assign and or all of its
rights and/or obligations hereunder in its free, sole, and unfettered
discretion. BITSTOP may immediately assign such rights by posting a notice at
and such assignment shall be immediately effective upon posting without the
need or obligation for any further notice to YOU.
17. Any Dispute Are To Be Resolved In Dagupan City, Philippines,
And This Agreement Is Binding On The Parties’ successors, Assigns, Etc.
AGREEMENT shall be construed in accordance with the laws of the Philippines
governing contracts executed and performed therein, and shall be binding upon
and inure to the benefit of the parties, respective heirs, executors,
administrators, successors and assigns. The parties agree that the City of
Dagupan, Philippines shall be the proper place of jurisdiction for the
determination of any disputes arising from this AGREEMENT, and the parties
consent to jurisdiction of the Courts of the Dagupan City. Should any legal
fees, costs, or other expenses be incurred by any party in attempting to
enforce this choice of venue, the prevailing party with regard to enforcement
of this choice of venue shall be entitled to recover such legal fees, costs,
or other expenses without regard to whether such party prevails in the
This Agreement Constitutes The Entire Agreement Between The Parties.
AGREEMENT constitute the entire agreement of the parties with respect to the
subject matter hereof, and supersedes and cancels all other prior agreement,
discussion, or representations, whether written or oral. No officer, employee
or representative of BITSTOP, INC. or YOU has any authority to make any
representation or promise in connection with this AGREEMENT or the subject
matter thereof which is not contained expressly in this AGREEMENT; and,
BITSTOP and YOU hereby acknowledge and agree that neither BITSTOP nor YOU have
executed this AGREEMENT in reliance upon any such representation or promise.
19. This Agreement May Not Be Modified Except In Writing Except
That Bitstop May Make Any Modification By Posting On The Web As Set Forth In
modification of this AGREEMENT, in whole or in part, shall be enforceable
unless reduced to writing and signed by duly authorized representatives of the
Parties. Notwithstanding the foregoing, Bitstop may make any modification by
posting on the World Wide Web as set forth in paragraph 14 thereto.
20. Bitstop Will Cooperate Fully With Any Investigation By Law
Enforcement, Or With Any Investigation Involving A Violation of These Terms
and Conditions; Any Information You Put On Our Servers Is Intended For Public
will fully and completely cooperate with any official law enforcement
investigation, and may choose, in its sole and unfettered discretion, to
provide information of any kind to such law enforcement officials without the
need for an official subpoena or search warrant. In addition, should Bitstop
be made aware that a third party is conducting an investigation that involves
a violation of these terms and conditions (for example, if an internet service
provider is investigating the source of spam sent through its mail servers but
promoting a site that the spammer created on Bitstop), Bitstop may choose, in
its sole and unfettered discretion, to provide information of any kind to such
third party without the need for a formal subpoena or other legal process.
Furthermore, YOU specifically represent and agree that any information you
post to our servers is intended by YOU as a communication made available to
any and all members of the public. This means that YOU have no expectation of
or request for privacy in any files or other materials YOU upload to our
21. If you Previously Had A Bitstop Site That Was Terminated By
Bitstop, You Cannot Host With Bitstop If You Are On Our “Permanent
a site is terminated, Bitstop, Inc. may choose to add the owner of the site to
a list of persons that may never host with Bitstop. That list may be found at http://www.dagupan.com/terminated.html.
Note that if you signed up under a different or false name, we have put
sufficient information on that list for you to identify yourself – the fact
that your alias or false name, and not your real name, appears on the list
does not alter the fact that you have been placed on the list. If you are on
that list, Bitstop refuses to enter into a contract for web hosting services
with you. What this means is that if you are on the list but nevertheless sign
up and host with us again, you have committed the crime of theft of service
and may face both civil and criminal penalties. YOU specifically agree that
Bitstop may post any information about you, including without limitation the
information you provided during the sign of process, on the “Permanent
Termination” web page.
22. Disconnections – Bitstop reserves the right to suspend or
disconnect, without need of prior notice, access of subscriber in the
Failure to settle
dues on time including returned checks for any reason not imputable to the
fault of Bitstop
Spamming, abusive behavior and or serious violation of internet etiquette
Unauthorized transfer of subscription or any unfair competition
Any form of reselling of this service withour prior written consent of
Bitstop, except when YOU contract for a reseller package.
Any form of fraud or misrepresentation or false statement
in the service agreement
Manipulation of and or unauthorized entry to any computer program or
system whether destructive or not
Violation of any of the terms of this agreement and of Bitstop Network
Services’ Acceptable Use Policy
(see Annex A)
23. Reconnection Web hosting service shall only be reactivated upon
settlement of subscriber’s arrears and reconnection fee equivalent to 50% of
the regular set-up fee or 2,500 whichever is higher, and an advance of 2
months, monthly fee.
24. Bitstop can provide free DNS server
hosting for so long as the web the dns entries refer to are part of this
agreement. For purposes of expediency, the DNS servers to use are as follows:
: master.dagupan.com 220.127.116.11
: rasserv.dagupan.com 18.104.22.168
Bitstop Network Services:
Acceptable Use Policy
a provider of Internet access, web site hosting, and other Internet-related
services, Bitstop Network Services offers its customers (also known as
subscribers), and their customers and users, the means to acquire and
disseminate a wealth of public, private, commercial, and non-commercial
information. Bitstop Network Services respects that the Internet provides a
forum for free and open discussion and dissemination of information, however,
when there are competing interests at issue, Bitstop Network Services, Inc.
reserves the right to take certain preventative or corrective actions. In
order to protect these competing interests, Bitstop Network Services has
developed an Acceptable Use Policy ("AUP"), which supplements and
explains certain terms of each customer's respective service agreement and is
intended as a guide to the customer's rights and obligations when utilizing
Bitstop Network Services' services. This AUP will be revised from time to
time. A customer's use of Bitstop Network Services' services after changes to
the AUP are posted on Bitstop Network Services' web site, http://www.bitstop.ph,
will constitute the customer's acceptance of any new or additional terms of
the AUP that result from those changes.
important aspect of the Internet is that no one party owns or controls it.
This fact accounts for much of the Internet's openness and value, but it also
places a high premium on the judgment and responsibility of those who use the
Internet, both in the information they acquire and in the information they
disseminate to others. When subscribers obtain information through the
Internet, they must keep in mind that Bitstop Network Services cannot monitor,
verify, warrant, or vouch for the accuracy and quality of the information that
subscribers may acquire. For this reason, the subscriber must exercise his or
her best judgment in relying on information obtained from the Internet, and
also should be aware that some material posted to the Internet is sexually
explicit or otherwise offensive. Because Bitstop Network Services cannot
monitor or censor the Internet, and will not attempt to do so, Bitstop Network
Services cannot accept any responsibility for injury to its subscribers that
results from inaccurate, unsuitable, offensive, or illegal Internet
subscribers disseminate information through the Internet, they also must keep
in mind that Bitstop Network Services does not review, edit, censor, or take
responsibility for any information its subscribers may create. When users
place information on the Internet, they have the same liability as other
authors for copyright infringement, defamation, and other harmful speech.
Also, because the information they create is carried over Bitstop Network
Service’s network and may reach a large number of people, including both
subscribers and non-subscribers of Bitstop Network Services, subscribers'
postings to the Internet may affect other subscribers and may harm Bitstop
Network Service’s goodwill, business reputation, and operations. For these
reasons, subscribers violate Bitstop Network Services policy and the service
agreement when they, their customers, affiliates, or subsidiaries engage in
the following prohibited activities:
-- Sending unsolicited bulk and/or commercial messages over the Internet
(known as "spamming"). It is not only harmful because of its
negative impact on consumer attitudes toward Bitstop Network Services, but
also because it can overload Bitstop Network Services’ network and disrupt
service to Bitstop Network Services subscribers. Also, maintaining an open
SMTP relay is prohibited. When a complaint is received, Bitstop Network
Services has the discretion to determine from all of the evidence whether the
email recipients were from an "opt-in" email list.
Property Violations -- Engaging in any activity that infringes or
misappropriates the intellectual property rights of others, including
copyrights, trademarks, service marks, trade secrets, software piracy, and
patents held by individuals, corporations, or other entities. Also, engaging
in activity that violates privacy, publicity, or other personal rights of
others. Bitstop Network Services is required by law to remove or block access
to customer content upon receipt of a proper notice of copyright infringement.
It is also Bitstop Network Services’ policy to terminate the privileges of
customers who commit repeat violations of copyright laws.
Speech or Materials -- Using Bitstop Network Services’ network to advertise,
transmit, store, post, display, or otherwise make available pornography or
obscene speech or material. Bitstop Network Services is required by law to
notify law enforcement agencies when it becomes aware of the presence of
pornography on or being transmitted through Bitstop Network Services’
– Bitstop Network Services will not accept sites that offer gambling in any
form. If a client is found to host such site, Bitstop Network Services has the
right to shut it down and revoke the client’s contract.
or Abusive Language -- Using Bitstop Network Services’ network as a means to
transmit or post defamatory, harassing, abusive, or threatening language.
of Headers -- Forging or misrepresenting message headers, whether in whole or
in part, to mask the originator of the message.
or Unauthorized Access to Other Computers or Networks -- Accessing illegally
or without authorization computers, accounts, or networks belonging to another
party, or attempting to penetrate security measures of another individual's
system (often known as "hacking"). Also, any activity that might be
used as a precursor to an attempted system penetration (i.e. port scan,
stealth scan, or other information gathering activity).
of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities --
Distributing information regarding the creation of and sending Internet
viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of
service attacks. Also, activities that disrupt the use of or interfere with
the ability of others to effectively use the network or any connected network,
system, service, or equipment.
a Violation of this AUP -- Advertising, transmitting, or otherwise making
available any software, program, product, or service that is designed to
violate this AUP, which includes the facilitation of the means to spam,
initiation of pinging, flooding, mailbombing, denial of service attacks, and
piracy of software.
Control Violations -- Exporting encryption software over the Internet or
otherwise, to points where exporting of encryption software is considered
Groups -- Bitstop Network Services reserves the right not to accept postings
from newsgroups where we have actual knowledge that the content of the
newsgroup violates the AUP.
Illegal Activities -- Engaging in activities that are determined to be
illegal, including advertising, transmitting, or otherwise making available
ponzi schemes, pyramid schemes, fraudulently charging credit cards, and
Activities -- Engaging in activities, whether lawful or unlawful, that Bitstop
Network Services determines to be harmful to its subscribers, operations,
reputation, goodwill, or customer relations.
we have pointed out, the responsibility for avoiding the harmful activities
just described rests primarily with the subscriber. Bitstop Network Services
will not, as an ordinary practice, monitor the communications of its
subscribers to ensure that they comply with Bitstop Network Services policy or
applicable law. When Bitstop Network Services becomes aware of harmful
activities, however, it may take any action to stop the harmful activity,
including but not limited to, removing information, shutting down a web site,
implementing screening software designed to block offending transmissions,
denying access to the Internet, or take any other action it deems appropriate.
Network Services also is aware that many of its subscribers are, themselves,
providers of Internet services, and that information reaching Bitstop Network
Services’ facilities from those subscribers may have originated from a
customer of the subscriber or from another third-party. Bitstop Network
Services does not require its subscribers who offer Internet services to
monitor or censor transmissions or web sites created by customers of its
subscribers. Bitstop Network Services has the right to directly take action
against a customer of a subscriber. Also, Bitstop Network Services may take
action against the Bitstop Network Services subscriber because of activities
of a customer of the subscriber, even though the action may effect other
customers of the subscriber. Similarly, Bitstop Network Services anticipates
that subscribers who offer Internet services will cooperate with Bitstop
Network Services in any corrective or preventive action that Bitstop Network
Services deems necessary. Failure to cooperate with such corrective or
preventive measures is a violation of Bitstop Network Services policy.
Network Services also is concerned with the privacy of on-line communications
and web sites. In general, the Internet is neither more nor less secure than
other means of communication, including mail, facsimile, and voice telephone
service, all of which can be intercepted and otherwise compromised. As a
matter of prudence, however, Bitstop Network Services urges its subscribers to
assume that all of their on-line communications are insecure. Bitstop Network
Services cannot take any responsibility for the security of information
transmitted over Bitstop Network Services’ facilities.
Network Services will not intentionally monitor private electronic mail
messages sent or received by its subscribers unless required to do so by law,
governmental authority, or when public safety is at stake. Bitstop Network
Services may, however, monitor its service electronically to determine that
its facilities are operating satisfactorily. Also, Bitstop Network Services
may disclose information, including but not limited to, information concerning
a subscriber, a transmission made using our network, or a web site, in order
to comply with a court order, subpoena, summons, discovery request, warrant,
statute, regulation, or governmental request. Bitstop Network Services assumes
no obligation to inform the subscriber that subscriber information has been
provided and in some cases may be prohibited by law from giving such notice.
Finally, Bitstop Network Services may disclose subscriber information or
information transmitted over its network where necessary to protect Bitstop
Network Services and others from harm, or where such disclosure is necessary
to the proper operation of the system.
Network Services expects that its subscribers who provide Internet services to
others will comply fully with all applicable laws concerning the privacy of
on-line communications. A subscriber's failure to comply with those laws will
violate Bitstop Network Services policy. Finally, Bitstop Network Services
wishes to emphasize that in signing the service agreement, subscribers
indemnify Bitstop Network Services for any violation of the service agreement,
law, or Bitstop Network Services policy, that results in loss to Bitstop
Network Services or the bringing of any claim against Bitstop Network Services
by any third-party. This means that if Bitstop Network Services is sued
because of a subscriber's or customer of a subscriber's activity, the
subscriber will pay any damages awarded against Bitstop Network Services, plus
costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the
obligations of Internet users, including Bitstop Network Services and its
subscribers, as responsible members of the Internet. Any complaints about a
subscriber's violation of this AUP should be sent to firstname.lastname@example.org.