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The Adult Web Hosting Acceptable Use Policy (AUP) is used for adult, nude or glamour themed and restricted content web sites. In addition to clauses commonly found in a standard Web Hosting AUP, this document helps define additional considerations for why a web host may have to step in and remove content due to community standards, abuse by users or DCMA takedowns or other notices.
Document Length: 4 Pages
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the days of handshakes are over, and you must protect yourself. I know this first hand for a fact. Sixteen (16) years in the business of dealing with legal matters tells me everyone doing any business should have this in their system just as they have spell check and a thesaurus."

Private Investigator, Author, Web Developer
John Krause
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Alternate documents are those which may be used instead of this document depending on your situation. Alternate documents may be better suited for different size projects, more specialized projects, variations on rights, etc.

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Related documents may be used in conjunction with this document depending on your situation. Many related documents are intended for use as part of a contract management system.

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Adult Web Hosting Acceptable Use Policy
Disclaimers: Proposal Kit, Inc. makes no warranty and accepts no responsibility for suitability of any materials to licensees business. Proposal Kit, Inc. assumes no responsibility or liability for errors or inaccuracies. Licensee accepts all responsibility for results obtained. Information included is not legal advice. Use of any supplied materials constitutes acceptance and understanding of these disclaimers.

Writing the Adult Web Hosting Acceptable Use Policy document

ADULT WEB HOSTING ACCEPTABLE USE POLICY AUP THIS AGREEMENT is made this current day day of current month current year by and between company name hereafter referred to as Customer and company name hereafter referred to as Company The purpose of this policy is to set forth an Acceptable Use Policy AUP by which Customer will abide while using renting leasing or otherwise making use of Company goods and services in addition to setting forth the Company policy concerning Adult Content and Material. By using Companys Web Hosting and Email services Customer agrees to comply with the following policies and assume responsibility for the compliance of all Customers Users permitted by Customer to use Company products and services and all Adult Material stored therein. Definitions Adult Material or Adult Content shall mean all forms of communication including stories testimonials editorials or other narrative descriptions pictures photographs drawings illustrations cartoons anime or other images not listed video or audio recordings or any executable program or software. Underage Users shall mean all individuals who do not meet the minimum age requirement for viewing Adult Material in their locality or place of residence. Restricted Material shall mean any content in any form that is prohibited from being hosted displayed or otherwise made available on Companys servers and hosting accounts. Terms and Conditions As service the standard Acceptable Use Policy is provided below.

1. Right to Service. a Companys service will be provided on an as is as available basis. Further Company provides no warranty written expressed or implied for any Web Hosting and Email services provided including without limitation warranty of the merchantability and warranty of fitness for particular purpose. This expressly includes any reimbursement for losses of income due to disruption of service by Company or its providers beyond the fees paid to Company for services. b Customer and Customers Users will use the Web Hosting and Email services in manner consistent and compliant with any and all applicable laws of the State of state or province and the U. S. Federal Government. c Use of any information obtained by way of Company is at Users own risk and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Company makes no warranty written expressed or implied of any guaranteed uptime or that the service will function at reliable level based on past performance. d Company is not responsible for any damages arising from Customers or Customers Users use of Companys Services or by any inability to use the Web Hosting and Email services for any reason. e Company shall make every reasonable effort to protect data stored on Customers Server s. Company is not responsible for Customers or Customers Users data files or directories residing on Companys equipment. Customer is solely responsible for maintaining data files and back ups. 2. Limit of Liability.

Company shall not be liable for any content posted opinions expressed or actions taken by any of the Users of Company services. Any conduct that violates the laws regulations or the accepted norms of the Internet community or the community standards in which the User lives whether expressly mentioned in this Agreement or not is strictly prohibited. Company reserves the exclusive right to prohibit any activities that it deems will adversely affect its commercial reputation or goodwill endanger its network impact its Customers or expose it to liability or tort. 3. Modification of Agreement. Company reserves the right to add modify or delete any provision of this Agreement at any time and without notice. Company reserves the exclusive right and will be the sole arbiter as to what constitutes violation of any of these provisions. 4. Misuse of System Resources. It is violation for anyone who including but not limited to employs posts programs or any abuses of the provided system control panels and services SSH FTP HTTP etc that consume excessive CPU time server memory or storage space; permits the use of mail services mail forwarding capabilities POP accounts or auto responders other than for his or her own account; or resells access to CGI scripts installed on Company servers. Company reserves the right to immediately and without notice to the User terminate any service or process that uses disproportionate amount of any system resources.

5. Potentially Tortuous or Illegal Conduct Restricted Material The following shall be construed as violations of this Agreement and may result in suspension or deletion of Customers Users account or in Termination of this Agreement. a Company products and services may only be used only for lawful purposes. Transmission distribution or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes without limitation material protected by copyright trademark trade secret or other intellectual property right used without proper authorization or material that is obscene defamatory constitutes an illegal threat or violates export control laws. Non acceptable content or links may include but are not limited to. Child Pornography Bestiality Sex with Animals Images or Media Depicting Rape or Other Crimes Credit Card Fraud Pirated Software Hackers Programs or Archives Warez Game Mods or Patches IRC Bots Chat Sites Servers Pornography and Adult Content TGP or any other file or media deemed by Company to be illegal or which Customer or Customers Users do not have the legal right to use post or otherwise store on Company servers. b No one shall post defamatory scandalous or private information about person without their consent or with intention to inflict emotional distress or post any information that violates any rightful trademarks copyrights or other intellectual property rights. User is responsible for the posts made by any third party allowed access to any system resource. This includes forums blogs upload areas or any system allowing content to be posted publicly on system resource. c Sending unsolicited email messages Spam from or through Companys servers including without limitation commercial advertising or informational announcements shall be prohibited. Company reserves the right to terminate this Agreement and any other accounts under Customers account if Company determines that unsolicited mass email has occurred or if Company receives complaints that unsolicited email messages have been sent from Customers account. d Posting to any Usenet or other newsgroup forum email mailing list or other similar group or list articles with the intent to engage in commercial advertising or informational announcements. e Engaging in any of the foregoing activities using the service of another provider but channeling such activities through Company provided server or using Company provided server as mail drop for responses. f Any unauthorized distribution or copying of copyrighted material violations of U. S. export restrictions harassment fraud dealing in contraband and other illegal activities or dealing in content and material that has been deemed illegal in the Users community state province or municipality. g Falsifying any User information provided to Company or to other Users of the service in connection with the use of Company service.

h Allowing Underage Users access to any Adult Material in any format whatsoever. i Allowing any users to access Restricted Material in any capacity or to hide such access behind members area or other such secured area. 6. System and Network Security. Violations of system or network security are strictly prohibited and may result in criminal or civil liability. Examples include but are not limited to. allowing unauthorized access use probe or scan of any Company system security authentication measures data or traffic; interference with service to any User host or network mail bombing flooding or attempts to overload system or broadcast attacks. Customer or Customers Users shall not engage in forging of any TCP IP packet header email headers or any other information provided or passed through Company Systems or Network at any time. 7. Domain Name Agreements Restrictions and Transfer Policies. Under ICANN policy Company is prohibited from allowing the transfer of domain name Registrars during the first sixty days after initial registration of the domain name. This applies to ALL domain names regardless of where they are purchased. Domain names cannot be transferred to or from Companys system within this period. Beginning on the sixty first 61st day after the initial registration the procedures for transferring domain names can be completed without restriction. The full ICANN policy concerning domain name registration can be found at ICANN. ORG.

8. Domain Name Transfer Notifications. Company does not guarantee that all domain name transfers or updates to DNS records MX records Aliasing Records URL forwarding domain name forwarding or other Registrar or DNS related service or product will succeed. 9. DNS Information. Company shall not be responsible for updating any of the DNS records or entries for transferred domain names. Customer shall have sole responsibility for ensuring that all relevant DNS entries for domain name are correct. Fees paid for transferred domain names are not refundable if the transfer fails for any reason. This may include but is not limited to. timeouts resulting from delay in owner or registry approval incorrect contact information in the WHOIS record or attempted transfers of domains that are not transferable for any other reason. 10. Consequences of Violation. If Company becomes aware of an alleged violation of any of the terms contained in this Agreement or any other policy that has been posted on its web site made available to Customer via email or posted in any other form Company shall initiate an investigation. During the investigation Company may restrict Customers or Customers Users access to Company products and services in order to prevent further possible unauthorized activity. Company may at its sole discretion restrict suspend or terminate Customers account without notice or refund or pursue civil remedies as it deems necessary. Company shall be able to access any restricted areas or disable any security preventing the Companys investigation s. Company shall notify the appropriate law enforcement department of any such violations. Company shall not be responsible for any payment refunds or compensation in any way for service disruptions or termination resulting from violations of this Agreement. Company reserves the right to provide any and all available information in order to comply with legal court order subpoena discovery request or any other authoritative request by governing body or agency. The undersigned represents and warrants that on the date first written above the undersigned is authorized to enter into this Agreement in its entirety and duly binds respective principals by the signature below. EXECUTED as of the date first written above.

company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials

Writing the Termination of Account Notice document (alternate or related contract document)

NOTIFICATION OF TERMINATION OF SERVICES current date company name address address city state or province zip or postal code Phone. phone number Fax. fax number

Re. Notification of Termination and Suspension of Services Dear salutation last name As per our previous notifications see attached this notification is to inform you that your account with us has now been suspended for being more than days past due for the month of current month and in the amount of amount cost value. All access to company services as per our service agreement has now been suspended. Further you are in breach of paragraph Insert Paragraph Breached here of the Agreement which provides that Insert description of what was breached Please be advised that if you do not immediately take care of the delinquent balance we will have no choice but to refer this matter to legal counsel for appropriate action. If you have any questions please contact us at phone number. Your immediate attention to this matter is appreciated.

Sincerely first name last name job title enclosure

Writing the Adult Content License Agreement document (alternate or related contract document)

ADULT CONTENT LICENSING AND ROYALTY AGREEMENT This Licensing Agreement the Agreement is entered into this current day day of current month current year by and between company name state or province company hereafter Content Licensor and company name hereafter Content Licensee Recitals 1 company name owns and operates online adult content web sites. 2 company name produces or owns the legal rights to specific content as defined in Exhibit the Specifications that is fully compliant with Title U. S. C. Section Record Keeping Requirements.

3 company name desires to license content from the Content Licensor in the following formats and areas of distribution. Insert description of content formats Downloadable Media Video on Demand DVDs etc. and distribution channels online sales mail telephone orders web site sales cable television. 4 Content Licensor desires to make such content available to Content Licensee as outlined in Exhibit for worldwide resale and distribution on non exclusive basis. Definitions 1. Age Verification System AVS shall mean any software service or other method employed to ascertain and verify the age of the user attempting to purchase or otherwise access content.

2. Video on Demand shall mean any content delivered as stream of data or download to users computer console mobile device or any other medium. 3. Membership shall mean any unit of access granted to customer to gain entrance to content. Agreements In consideration of the mutual covenants set forth in this Agreement Content Licensor and Content Licensee hereby agree as follows. 1. Licensed Content. Content Licensor grants to Content Licensee its agents successors or assigns those for whom Content Licensee is acting and those acting with its authority and permission the absolute right and permission to copyright use re use publish and republish recordings copies reproductions digitally sampled and or reconstructed versions of Content Licensees DVD CD ROM VHS VHS DV Mini DV SWF Fla Digital Artwork and other Media submission in whole or in part including but not limited to any and all animation music video narrative shorts features and trailers in whatever form submitted collectively the Content in any advertising display or product including software releases derivative or ancillary products or works whether such products or works are now in existence or are hereafter created or acquired. Content Licensor and Content Licensee further agree that such right and permission has been granted to Content Licensor on non exclusive basis for use in the Adult Entertainment Market. Content Description.

Insert description of the content to be licensed. 2. Usage. The Content may be copyrighted used and or published individually or in conjunction with other photography video works and recordings and in any medium including without limitation print publications public broadcast CD ROM DVD format and for any lawful purpose including without limitation trade exhibition illustration promotion publicity advertising and electronic publication. Insert additional usage restrictions or requirements for the content here. Examples. All content upon sale must post the sale to specific URL for auditing purposes. All content must be delivered from within membership system that uses an Age Verification System. 3. Waiver of Approval. Content Licensor waives any right that Content Licensor may have to inspect or approve the finished product or products or any advertising copy or printed matter that may be used in connection with such product or the use to which it may be applied.

4. Indemnification. Content Licensee releases discharges and agrees to hold harmless Content Licensor its agents successors or assigns and all persons acting under its permission or authority or those for whom it is acting from any liability by virtue of any distortion alteration digitization reconstruction or use in composite form whether intentional or otherwise that may occur or be produced in the recording and subsequent reconstruction of the Content or any other subsequent processing thereof as well as any publication of the resulting materials. 5. Warranties. Content Licensor warrants that Content Licensor is of legal age and has every right to contract in Content Licensors own name in this matter. Content Licensor further warrants that Content Licensor has the full right and authority to license the properties to Content Licensee as provided herein and agrees to indemnify and hold harmless Content Licensee from any and all expenses suits judgments damages and related costs and fees arising out of Content Licensors actions omissions negligence or otherwise under this Agreement. Content Licensor acknowledges that Content Licensor has read this Agreement prior to its execution and that Content Licensor is fully familiar with its contents. 6. Compensation.

The Content Licensee will pay Content Licensor for the following expenses incurred under this Agreement. Insert description of all expenses covered by the Agreement. 7. Independent Contractor. Nothing herein shall be construed to create an employer employee relationship between the parties. The consideration set forth above shall be the sole payment due to Content Licensor for services rendered. It is understood that the Content Licensor will not withhold any amounts for payment of taxes from the compensation of Content Licensee and that Content Licensee will be solely responsible to pay all applicable taxes from said payment including payments owed to its employees contractors sub contractors performers talent and sub agents. 8. Confidentiality.

In the course of performing services the parties recognize that Content Licensee may come in contact with or become familiar with information which the Content Licensor or its customers may consider confidential. This information may include but not limited to information pertaining to design methods pricing information or work methods of the Content Licensor as well as information provided by customers of the Content Licensor for inclusion in web sites to be developed for customers which may be of value to competitors of the Content Licensor or its customers. Content Licensee agrees to keep all such information confidential and not to discuss any of it with anyone other than appropriate Content Licensee personnel or their delegates. The parties agree that in the event of breach of this Agreement damages may be difficult to ascertain or prove. The parties therefore agree that if Content Licensee breaches this Agreement Content Licensor shall be entitled to seek relief from court of competent jurisdiction including injunctive relief and shall be entitled to an award of liquidated damages. 9. Term of Agreement. This Agreement shall begin on start date and shall terminate on end date unless terminated for any reason by either party upon thirty days prior written notice. 10. Communication. Any notice or communication permitted or required by this Agreement shall be deemed effective when personally delivered or deposited postage prepaid by first class regular mail addressed to the other partys last known address. 11. Entire Agreement.

This Agreement constitutes the entire Agreement of the parties with regard to the subject matter hereof and replaces and supersedes all other agreements or understanding whether written or oral. No amendment extension or change of the Agreement shall be binding unless it is in writing and signed by all of the parties hereto. 12. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of Content Licensor and to the Content Licensors successors and assigns. Nothing in this Agreement shall be construed to permit the assignment by Content Licensee of any of its rights or obligations hereunder to any third party without the Content Licensors prior written consent. 13. Ownership Rights. All plans ideas improvements or inventions developed by Content Licensee during the term of this Agreement shall belong to the Content Licensee and or its customers for whom work is being performed as it relates to the Content Licensees core products and Intellectual Property. Content Licensor shall however retain the right to display works created by Content Licensee in their biography discography catalog portfolio or other body of work to be displayed subject to Content Licensees written approval in advance said approval not to be unreasonably withheld. 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. The prevailing party shall be entitled to recover its reasonable attorney fees and statutory costs. If any portion of this Agreement is declared unenforceable that portion shall be construed to give it the maximum effect possible and the remainder of this Agreement shall continue in full force and effect. Both parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signatures below.

EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed

Content Licensee Initials Content Licensor Initials

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