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."
This policy is intended to be used as starting services policy template for online use. Edit as needed for each specific web site and integrate the text into the web site HTML code and reformat as needed. company name SHIPPING POLICY Our shipping policies appear below. Most orders placed before P. M. EST will be processed and shipped on the same day. Orders placed after P. M. EST may be processed and shipped on the next business day. Confirmations of orders and shipping notices will be sent to the customer via the email address entered on the order form. Order confirmations will include copy of the order availability status and if already shipped tracking information and expected delivery date. Orders for products not immediately available will receive confirmation of order that includes notice of approximate availability. When the order is shipped customer will receive shipping notification. Large orders requiring oversize or multiple packages may result in additional shipping charges. Customer will be notified of these charges when order is confirmed and may cancel the order or approve the charges before shipping.
Customer will be billed at the time of shipping. All credit cards are verified before shipping. Orders will be shipped via USPS UPS or FedEx depending on the type of shipping selected by the customer. All orders require physical address; we cannot deliver to P. O. boxes or APO FPO addresses. All expected delivery dates are estimates. Actual delivery dates may vary due to weekends holidays or unexpected schedule disruptions. Customers may be charged sales tax as required by applicable laws in different jurisdictions. Sales tax charges will appear on the order confirmation and customer may cancel or approve the order before shipping. Regulations may prohibit us from shipping some items to specific locations. If an item is prohibited from shipping to the customers residence customer will be notified at the time of order and the order may be cancelled or modified at that time. All orders leave our warehouse in perfect condition. If an order is damaged in shipping customers should contact the shipping company to make claim. All shipping costs on returned items will be paid by the customer.
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
RESTRICTED AREA DISCLAIMER Adult This policy is intended to be used as starting web site entry policy template for online use. Edit as needed for each specific web site and integrate the final text into the web site HTML code and reformat as needed. The restricted area you are about to enter contains sexually explicit material. If you are not at least years of age at the time of viewing our material; or if you are offended by such material; or you are accessing such material from any locale where the depicting of adult material is prohibited by law YOU ARE NOT ALLOWED TO ENTER Web Site URL or Domain Name All models depicted in this web site their likeness in part or on whole are all at least years of age or older at the time the pictures were taken. Click here to enter web site domain URL 18 U. S. C. Record Keeping Requirements Compliance Statement In compliance with United States Code Title Section any and all persons Actors Actresses Models appearing in any visual depiction of content explicit or otherwise displayed on this web site were at least eighteen years of age at the time such content and depictions were created. All other visual depictions displayed on the web site are considered exempt from the provision of U. S. C. Section and C. F. R. because such visual depictions do not consist of depictions of conduct as specifically listed in U. S. Section through and are merely depictions of non sexually explicit nudity or simulated sexual conduct or are otherwise exempt because the visual depictions were created prior to July 1995. All records required to be maintained pursuant to USC and C. F. § 75 75 are kept by the following Custodian of Records.
Custodian of Records. company name address address city state or province zip or postal code By entering this web site declare that am an adult and at least years of age and have the legal right to possess and view Adult and or Sexually Explicit Material in my community. I understand that if click the Enter button below or continue to browse past this point that am electronically signing and affirming my agreement with all of the terms and conditions contained on this Entrace Agreement.
company name CUSTOMER COMPLAINT POLICY We value our customers and respect their opinions. In the event that customer comes to you with complaint please do the following. Listen and respond respectfully. If you are not working in Customer Service please refer the customer to Customer Service. If the complaint is via phone give the customer the appropriate Customer Service number and then offer to forward the call. If you are working in Customer Service listen and respond respectfully to the customer whether via phone or in person and thank the customer for reporting the issue. Log the complaint into our system via the established form. Make sure you get all the details. Discuss the options you are authorized to offer for fixing the problem. If you cannot resolve the problem immediately explain to the customer that you will resolve the issue as quickly as possible and get back to them. Then refer the complaint to the party who can resolve it.
Make sure that you or the party to whom you passed the complaint calls the customer in timely manner within hours to offer an apology or voucher for free product or service. Ask if the customer is satisfied and record the result in our tracking system.
company name AGE VERIFICATION POLICY Disclaimer. This is not legal advice. Consult your local attorney for applicable laws and legal age limits in your area. The legal age may vary from state to state and country to country. Make sure that you are in compliance with the legal age within your location and update your policy accordingly. Companies that engage in activities that apply to Title Section Record Keeping Requirements should consult the appropriate laws and ensure record keeping is in compliance. As an employee you may encounter situations where you are legally required to verify the age of customer or other party and to keep records of that verification. Software Departments For web designers and software engineers the following situations are examples of times when age of customers users must be verified. * When users attempt to access web sites containing material restricted by age * When users attempt to order products that are restricted by age such as liquor tobacco or other adult products Our company policy is that all age sensitive material must be protected by software features as required by legal standards. typical protection method is to provide form asking for the users birth date and to check the date entered against the minimum legal age. Web sites must also display all required legal notices advertising adult content.
Advertising Marketing Departments For those working in advertising or marketing areas the age of all models or actors used in company media must be verified by requesting and documenting two forms of legal identification such as drivers license birth certificate passport or other form of identification accepted in the state in which the individual resides. It is the employees responsibility to learn and obey all laws that apply to their work situations. If you are ever in doubt about your legal responsibilities or procedures to follow ask your manager or call Human Resources.
SPAM UNSOLICITED COMMERCIAL EMAIL UCE POLICY The purpose of this document hereafter referred to as the Spam UCE Policy is to set forth company names rules and restrictions governing Unsolicited Commercial Email Unsolicited Bulk Email UBE and or Spam as set forth by the definitions below. Company maintains zero tolerance policy regarding Spam UCE and monitors all activity conducted on Company servers mail services applications and other resources. Any customers found to be using Company resources to engage in sending Spam UCE shall have their access or account immediately terminated. Policy Agreements 1. Definitions. For consideration Company defines the following terms. a Definition of Spam Unsolicited Commercial Email UCE. Spam is unsolicited email sent to recipients who have neither requested such information or with whom no pre existing business relationship exists. For the purpose of this policy the terms Unsolicited Commercial Email UCE and Unsolicited Bulk Email UBE shall be interchangeable. b Definition of Commercial Email. Commercial Email Legitimate Commercial Email is email sent to recipients who have requested such information Consent or Opt in or with whom pre existing business relationship exists.
c Definition of Intentional Spam UCE. Intentional Spam UCE is electronic email sent from computer in which the computer owner willfully and knowingly engages in the direct sending of Spam UCE from one or more accounts or computers. Intentional Spam UCE carries an immediate suspension of all access and privileges provided by Company and may result in criminal or civil prosecution under the law. d Definition of Unintentional Spam UCE. Unintentional Spam UCE is electronic email sent from computer in which the computer owner neither intends nor willingly knows that they are sending out Spam UCE. In most cases this is due to the computer being infected with virus or the machine becoming zombie and sending out email on behalf of spammer and no longer under the computer owners direct control. Unintentional Spam UCE may carry an immediate suspension of all access and privileges provided by Company in order to safeguard systems and services; however it will not result in criminal or civil prosecution by Company. Instead Company will try to work with computer owner to bring about resolution to the sending of Unintentional Spam UCE by the computer owner. e Definition of Pre existing Business Relationship. A pre existing business relationship is one where the recipient has made either purchase or request for information; responded to direct mail piece contest entry survey or questionnaire; or had some sort of offline contact with your business or staff. Definition of Consent. Consent Informed Consent is defined as verifiable notification by your recipient that the collection and use of their email address is agreeable and the recipient has consented prior to such collection and use. 2. Federal Anti Spam law Can Spam Law.
Company adheres to the laws and provisions of the CAN SPAM Act of which states. All commercial emails must now contain. * proper header routing and subject line information; * the physical address of the company doing the mailing; * proper label for adult content*; and * an opt out mechanism. The content is exempt if it consists of.
* religious messages; * content that broadly complies with the marketing mechanisms specified in the law; or * national security messages. If recipient chooses to opt out the sender has ten days to cease sending commercial email to the recipient or risk further emails to the recipient being label as Spam UCE under the law. The sender is not required to remove the address from the senders list or database under this law but just has to cease and desist sending any and all commercial email to the recipient. The CAN SPAM Act also restricts the sale or other transfer of an email address after recipient has made an opt out request. The requirement under this law is that the sender must be able to process opt out requests for at least days. Further under the CAN SPAM Act of use of any automated means to register for multiple email accounts from which to send Spam UCE further compounds and constitutes additional violations. A full copy of the CAN SPAM Act is available on the FTC web site at. http. frwebgate. access. gpo. gov cgi bin getdoc. cgi. dbname=108 cong public laws & docid=f. publ187. 108. pdf The new federal anti Spam law went into effect on January 1st and preempts all state laws. The penalties can include fines and or imprisonment for up to five years.
3. Excessive Use of Services. Company may impose an additional charge or restriction of services at any time that Customers use of any Email Hosting or ISP Services imposes considerable effect on Company resources or system performance. Company shall have sole discretion as to what constitutes excessive use and what activity is considered violation of either the Company Acceptable Use Policy or level of service that the Customer is currently using. Company is responsible for monitoring such excessive use for the account as whole and has no responsibility for identifying customers individual end user employee or other agent who may or may not be responsible for the excessive use of services. This includes the sending or receiving of Unintentional Spam as defined in Section of this policy. 4. Additional Policies Regarding Email. The following email practices or activities are also prohibited by Company and may result in termination and or criminal or civil prosecution. Activities include.
a Harassment via Email This is defined as sending email with content that is generally perceived as physically threatening or harassing the intended recipient. b Letter Bombing This is defined as sending email with content or attachments that could harm the intended recipients computer or damage Company network or services. c Mail Bombing This is defined as purposefully sending an unreasonably large number of emails to single recipient network system or other destination for the purpose of disrupting harassing or otherwise trying to damage the recipient in some manner. d SPAMvertising This is defined as engaging third party company or agent to send UCE to recipients as defined above that contains direct or indirect links to web site owned or operated by Customer. SPAMvertising also includes the use of third party email accounts or services not hosted or controlled by Company that send UCE on behalf of Customer. Company takes all SPAMvertising complaints seriously and will investigate these claims to the fullest extent of its ability. Customers are encouraged to review our policies governing such activity and contact their Company account representative PRIOR to engaging in such activity in order to avoid potential problems with regulatory agencies.
5. Email Content Spam Content UCE Content and Censorship. Company will exercise no control whatsoever over the content of the information passing through the network email Spam UCE or otherwise or web site and takes no responsibility for the suitability or legality of any content passing through its network or Customers accounts. 6. Warranties Interruption of Service due to Spam UCE. Company makes no warranties or representations of any kind whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer including loss of data resulting from delays blacklists non deliveries or service interruptions by any cause or errors or omissions of Customer due to Spam UCE complaints the investigation thereof or any delays resulting from any third party action or activity. Use of any information or service obtained by way of Company is at Customers own risk. Company expressly limits its damages to Customer for any non accessibility time or other down time to the pro rata monthly charge during the system unavailability due to Spam or investigations into allegations of Spam UCE. Company specifically denies any responsibilities for any damages arising as consequence of such unavailability. 6 Shared Email Hosting Disclaimer. Company is not responsible for the actions of other customers it may place on the Shared Email Hosting Server or any other resource that the Customer may use. Company will make every effort to ensure that all customers abide by the Company Acceptable Use Policy AUP and Spam UCE policy and will periodically review Customer activity to ensure compliance with all Company policies. Company is not responsible for any blacklisting of Customers IP or domain by any third party or resource that the Company does not have direct control over. 6 Antivirus Trojan and Malicious Code Disclaimer. Company email servers make use of enterprise class antivirus software to protect the server and detect virus infected email messages. Infected email messages will be handled per Company policy and preferences prior to the Customer receiving the messages. Additional antivirus options are available and the Customer may configure these options for inbound and outbound email antivirus scanning in their Email Hosting Control Panel. Due to the nature of virus Trojan and other malicious code dangers Company makes no warranty that these features will detect delete or otherwise protect Customer from these dangers. Customer is responsible for implementing its own internal policies and procedures for opening potentially dangerous attachments and is encouraged to install antivirus software on all access points or computers using Company Email Hosting Services.
7. Termination. Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events. failure to comply with any provisions of this Spam UCE Agreement or the Acceptable Use Policy upon receipt of written notice from Company of said failure appointment of Receiver or upon the filing of any application by Customer seeking relief from creditors or upon mutual agreement in writing of Company and Customer. 7. 1. Account Deactivation Termination or Cancellation. Upon account deactivation termination or deletion all stored files logs email messages attachments address book entries mailing lists or other data stored on Company servers will be immediately deleted. Company has no obligation or responsibility to store Customers data after Customers account has been deactivated or terminated. 8. Disputes.
If legal proceedings are commenced to resolve dispute arising out of or relating to this Agreement the prevailing party shall be entitled to recover all costs legal fees and expert witness fees as well as any costs or legal fees in connection with any appeals. 9. Indemnification. Customer shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees of whatsoever kind and nature that may be asserted granted or imposed against Company directly or indirectly arising from the use of Company services or in connection with Customers marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Customer. 10. General. It is the Customers responsibility to prevent the sending of Spam UCE at all times. At no time does Company accept responsibility for Customers action regarding Spam UCE whether direct or indirect; intentional or unintentional; and Customer bears the responsibility to resolve all Spam UCE complaints in timely and complete manner. Any questions concerning this policy can be directed to. company name e mail address
phone number Updated. current date * NOTE Adult oriented email must now bear the subject line label of SEXUALLY EXPLICIT. This label supersedes and replaces the state labeling requirements of ADLT V. ADLT or ADLT under Federal law.