Revision date: 8/08/2008
All services provided by Start Your Path LLC & Startyourpath.com (hereinafter referred to as "Start Your Path@) may only be used for lawful purposes. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state, municipal or local law is prohibited. This includes, but is not limited to: copyrighted material, material judged to be threatening or obscene, or material protected by trade secret and other statutes. The subscriber agrees to indemnify, hold harmless and pay reasonable counsel fees to Start Your Path LLC & Startyourpath.com from any claims resulting from the use of service which damages the subscriber or any other party.
The subscriber is prohibiting sites from utilizing the services provided by Start Your Path that promotes any illegal activity or presents content that may be damaging to Start Your Path’s servers, or any other server on the Internet. Links to such materials are also prohibited. The subscriber acknowledges that the Internet is neither owned nor controlled by any one entity; therefore, Start Your Path can make no guarantee that any given End-User shall be able to access the provided Service at any given time. Start Your Path represents that it shall make every good faith effort to ensure that its Service is available as widely as possible and with as little service interruption as possible.
The following are examples of unacceptable content or links prohibited by Start Your Path to be installed, interfaced or employed by the Subscriber, and are not intended to be considered all inclusive or limited to the following:
Pirated Software
Hacker Programs or Archives
Warez Sites
NOTICE: If a subscriber’s account is found to contain illegal activity, illegal mp3 files, pirated software, hacker programs, warez programs, any other illegal files, for any illegal activities or is in violation of any of the terms of this agreement; subscriber’s account will be terminated immediately, without notice, and cancelled. Additionally, start your path will notify the proper authorities of subscriber’s actions.
IRC
Start Your Path currently does not allow IRC or IRC bots to be operated on its servers.
Server Abuse
Any attempt to undermine or cause harm to a server or other Subscriber of Start Your Path is strictly prohibited. As Start Your Path’s Subscriber, you are responsible for all your accounts. Should Subscriber violate any of the Terms of Services outlined within, Subscriber’s account will be immediately be cancelled and all unused funds will be forfeited by Subscriber as liquidated damages.
Refusal of Service
Start Your Path reserves the right to refuse, cancel or suspend Subscriber’s service, at its sole discretion. All sub-networks, distributive hosting sites and dedicated servers of Start Your Path must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Limitation of Liability
Start Your Path shall not be responsible for any claimed damages, including, but not limited to incidental and consequential damages, which may arise from Start Your Path’s servers going off-line or being unavailable for any reason whatsoever. Furthermore, Start Your Path shall not be responsible for any claimed damages, including, but not limited to incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Start Your Path's servers. All damages shall be limited to the immediate termination of service.
Violations
Violations of any of these Acceptable Use Policies should be referred to info@startyourpath.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Representations and Warranties
Start Your Path represents and warrants that it is authorized to grant the license herein to Subscriber, and covenants that Subscriber’s exercise of the license herein shall infringe no copyright or other right of any person or entity. If any portion of the network, programs or services furnished to Subscriber under this Agreement becomes (or, in the good faith judgment of Start Your Path, is likely to become) the subject of a claim for infringement or misappropriation, Start Your Path may, upon notice to Subscriber, request that Subscriber remove such portion of the Content from the network, and Subscriber shall comply with such request promptly; provided however, that Start Your Path shall not have the right to request such removal unless such materials are required to be removed from the services of all other similarly situated on-line vendors (if any) to whom they are made available by Start Your Path. Start Your Path represents and warrants that it is not aware of any pending, threatening or possible claim or action by any third party with respect to a possible violation of that third party's rights.
Start Your Path makes no warranties or representations of any kind, whether expressed or implied for the Subscriber data or information and the network service it is providing regarding the merchant-ability or fitness for a particular use or purpose. Connection speed to the service represents the speed of a connection and does not represent guarantees of available end to end bandwidth.
Disclaimer
Start Your Path cannot be held liable for system down time, crashes or data loss. Start Your Path cannot be held liable for any predicated estimate of profits which a Subscriber would have gained if its site were functioning. Certain services provided by Start Your Path may be resold. Thus, certain equipment, routing, software and programming used by Start Your Path which is not directly owned or written by Start Your Path can not be Start Your Path’s responsibility or obligation to indemnify Subscriber if same be the source of any concomitant failure or damage. Moreover, Start Your Path retains no responsibility for the use of its Subscriber’s accounts. Failure to comply with any terms or conditions of this Agreement will result in the automatic deactivation of Subscriber’s account in question. Start Your Path reserves the right to remove any account, without advance notice for any reason without restitution, as Start Your Path deems appropriate for any Subscriber violation.
Account Activation
By activating Subscriber’s account with Start Your Path, Subscriber agrees to the above policies and disclaimer. Upon requesting activation of an account, Subscriber is required to accept these policies, guidelines and disclaimers, and a copy of Subscriber’s written acceptance is forwarded along with Subscriber’s activation request to be maintained by Start Your Path with Subscriber’s account information.
NOTICE: If Subscriber signs up for an account and fails to comply with these terms, no refunds will be given. Start Your Path will, however, advise Subscriber, by e-mail or phone prior to taking any action, in a good faith effort to provide Subscriber with an opportunity to correct the problem.
Server Uptime Guarantee
Although Start Your Path LLC has an excellent record for reliability, it does not offer an uptime guarantee. However, Start Your Path’s network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.
Start Your Path reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. Start Your Path also retains the right to increase any pricing and make changes to its account plans without notification.
Privacy
Revision date: 8/08/2008
Start Your Path has created this privacy statement in order to demonstrate its firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.
Information Automatically Logged
Start Your Path uses Subscriber’s IP address to help diagnose problems with its server and to administer its Web site. Start Your Path uses this information for no other reason.
Unique identifiers are collected from Web site visitors to verify the user's identity. Demographic and profile data is also collected at Start Your Path’s site. Start Your Path uses this data to tailor its visitor's experience at its site by showing to each visitor the content that Start Your Path thinks the visitor might be interested in, and displaying the content according to each visitor’s preferences.
Security
This site has security measures in place to protect the loss, misuse, and alteration of the information under Start Your Path’s control,.
Third Parties
Information collected on this site is strictly for Start Your Path’s and Subscriber’s use, no other outside persons, organizations or entities may view any subscriber’s personal or professional information such as billing information, etc.
Contacting the Web Site
If Subscriber has any questions about this privacy statement, the practices of this site, or its dealings with this Web site, Subscriber can forward all inquiries or questions to: info@startyourpath.com
Acceptable Use Policy
Revision date: 8/08/2008
As a provider of web site hosting and other Internet-related services, Start Your Path offers its Subscribers and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Start Your Path respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests as the issue, Start Your Path reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Start Your Path has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each Subscriber’s respective service agreement, and is intended as a guide to the Subscriber’s rights and obligations when using Start Your Path provided services. This AUP will be revised from time to time.
One 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 it, both in the information acquired and in the information disseminated to others. When Subscribers obtain information through the Internet, they must keep in mind that Start Your Path cannot monitor, verify, warrant or vouch for the accuracy and quality of the information so acquired. For this reason, the Subscriber must exercise its best judgment in relying on information obtained from the Internet, and also should be aware that some material posted on the Internet may be sexually explicit or otherwise offensive. Because Start Your Path cannot monitor nor censor the Internet, and will not attempt to do so, Start Your Path cannot accept any responsibility for injury to its Subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When Subscribers disseminate information from the Internet, each Subscriber must keep in mind that Start Your Path 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 created is carried over Start Your Path’s network and may reach a large number of people, including both Subscribers and non-Subscribers of Start Your Path. Subscribers' postings to the Internet may affect other Subscribers and may affect Start Your Path’s goodwill, business, reputation or operations. For these reasons, Subscribers who violate Start Your Path’s policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Start Your Path, but also because it can overload Start Your Path’s network and disrupt service to Start Your Path’s Subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Start Your Path will investigate and shutdown the account that is Spamming. Furthermore Start Your Path reserves the right to prosecute any Subscribers for this violation, and when successful, can obtain damages, compensatory and punitive, as well as reasonable counsel fees from said violating Subscriber.
Audio/Video Streaming:
Audio/Video Streaming is not host friendly. As such, Start Your Path does not host any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
Adult-Oriented Content:
Start Your Path does not permit nor will it tolerate the transmission, over its network, of any adult content material or information, and will immediately suspend/terminate any offending account.
Large File Policy:
Start Your Path is not designed for file hosting and distribution - as such, Subscribers may not host any files larger than 512KBi n size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If Subscriber is unsure whether its file is against this policy, please e-mail info@startyourpath.com.
Obscene Speech or Materials:
Using Start Your Path’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is strictly prohibited. Start Your Path is required by law to notify all appropriate law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using Start Your Path’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language is strictly prohibited.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is strictly prohibited.
Illegal 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"); as well as any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity) is strictly prohibited.
Distribution 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, mail bombing or denial of service attacks; as well as 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 is strictly prohibited.
Facilitation 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, mail bombing, denial of service attacks and piracy of software is strictly prohibited.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States is strictly prohibited.
Usenet Groups:
Start Your Path reserves the right to not accept postings from newsgroups where it has actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in any activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software is strictly prohibited.
Other Activities:
Engaging in activities, whether lawful or unlawful, that Start Your Path determines to be harmful to its Subscribers, operations, reputation, goodwill or customer relations is strictly prohibited.
As has been pointed out, the responsibility for avoiding harmful activities just described rests primarily with the Subscriber. Start Your Path will not, as an ordinary practice, monitor the communications of its Subscribers to ensure compliance with Start Your Path’s policy or applicable law. However, when Start Your Path becomes aware of harmful activities, it will take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Start Your Path. Any expense, including but not limited to reasonable counsel fees, will be recoverable from the offending Subscriber.
Start Your Path is also aware that many of its Subscribers are themselves providers of Internet services, and that information reaching Start Your Path’s facilities from those Subscribers may have originated from a customer of the Subscriber or from other third parties. Start Your Path does not require its Subscribers, who offer Internet services, to monitor or censor transmissions or web sites created by customers of its Subscribers. Start Your Path reserves the right to directly take action against a customer of its Subscribers. Also, Start Your Path may take action against the Start Your Path Subscriber because of activities of a customer of the Subscriber, even though the action may affect other customers of the Subscriber. Similarly, Start Your Path anticipates that Subscribers who offer Internet services will cooperate with Start Your Path in any corrective or preventive action that Start Your Path deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Start Your Path policy.
Start Your Path will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Start Your Path may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Start Your Path 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. Start Your Path 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, Start Your Path may disclose Subscriber information or information transmitted over its network where necessary to protect Start Your Path and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Start Your Path will never sell information to other services or outside companies.
Start Your Path expects that its Subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A Subscriber's failure to comply with those laws will violate Start Your Path policy. Finally, Start Your Path wishes to emphasize that, in signing the Service Agreement, Subscribers indemnify and hold harmless Start Your Path for any violation of the Service Agreement, law or Start Your Path policy resulting in loss to Start Your Path or the bringing of any claim against Start Your Path by any third party. This means that, if Start Your Path is sued because of a Subscriber's or customer of a Subscriber's activity, the Subscriber will be responsible for payment of any damages awarded against Start Your Path plus costs and reasonable attorney's fees.
Start Your Path hopes this AUP is helpful in clarifying the obligations of Internet users, including Start Your Path and its Subscribers, as responsible members of the Internet. Any complaints about a Subscriber's violation of this AUP should be sent to info@startyourpath.com.
In addition the Subscriber also agrees to the following terms:
A. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark laws.
B. Use License
1. Permission is granted to temporarily download one copy of the materials (information or software) on Start Your Path LLC & Startyourpath.com's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
a. modify or copy the materials;
b. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
c. attempt to decompile or reverse engineer any software contained on Start Your Path LLC & Startyourpath.com's web site;
d. remove any copyright or other proprietary notations from the materials; or
e. transfer the materials to another person or "mirror" the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Start Your Path LLC & Startyourpath.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
C. Disclaimer
1. The materials on Start Your Path LLC & Startyourpath.com's web site are provided "as is". Start Your Path LLC & Startyourpath.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Start Your Path LLC & Startyourpath.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
D. Limitations
In no event shall Start Your Path LLC & Startyourpath.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Start Your Path LLC & Startyourpath.com's Internet site, even if Start Your Path LLC & Startyourpath.com or a Start Your Path LLC & Startyourpath.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
E. Revisions and Errata
The materials appearing on Start Your Path LLC & Startyourpath.com's web site could include technical, typographical, or photographic errors. Start Your Path LLC & Startyourpath.com does not warrant that any of the materials on its web site are accurate, complete, or current. Start Your Path LLC & Startyourpath.com may make changes to the materials contained on its web site at any time without notice. Start Your Path LLC & Startyourpath.com does not, however, make any commitment to update the materials.
F. Links
Start Your Path LLC & Startyourpath.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Start Your Path LLC & Startyourpath.com of the site. Use of any such linked web site is at the user's own risk.
G. Site Terms of Use Modifications
Start Your Path LLC & Startyourpath.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
H. Governing Law
Any claim relating to Start Your Path LLC & Startyourpath.com's web site shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions.
I. General Terms and Conditions applicable to Use of a Web Site.
1. Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate, disclose and make use of personal information. The following outlines our privacy policy:
a. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
b. We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
c. We will only retain personal information as long as necessary for the fulfillment of those purposes.
d. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
e. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
f. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
g. We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.