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Table Of Contents

Terms Of Service

  1. Your Acceptance

    1. By using, contributing to or visiting any web site owned, controlled or hosted by FanHost (collectively, including all Content available through the FanHost.com domain name and all hosted sites, the "FanHost Network", or "Network"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) FanHost's privacy notice, found at http://www.fanhost.com/s/privacy and incorporated here by reference. If you do not agree to any of these terms, or the FanHost privacy notice, please do not use the FanHost Network.
    2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.fanhost.com/s/tos). FanHost may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

  2. FanHost Network

    1. These Terms of Service apply to all users of the FanHost Network, including users who are also contributors of video content, information, and other materials or services on the Network. The FanHost Network includes all aspects of FanHost, including but not limited to FanHost channels and the FanHost "Embeddable Player."
    2. The FanHost Network may contain links to third party websites that are not owned or controlled by FanHost. FanHost has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, FanHost will not and cannot censor or edit the content of any third-party site. By using the Network, you expressly relieve FanHost from any and all liability arising from your use of any third-party website.
    3. Accordingly, we encourage you to be aware when you leave the FanHost Network and to read the terms and conditions and privacy policy of each other website that you visit.

  3. FanHost Accounts

    1. In order to access some features of the Network, you will have to create a FanHost account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify FanHost immediately of any breach of security or unauthorized use of your account.
    2. Although FanHost will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of FanHost or others due to such unauthorized use.

  4. General Use of the Network -- Permissions and Restrictions

    FanHost hereby grants you permission to access and use the Network as set forth in these Terms of Service, provided that:

    1. You agree not to distribute in any medium any part of the Network, including but not limited to User Submissions (defined below), without FanHost's prior written authorization.
    2. You agree not to alter or modify any part of the Network, including but not limited to FanHost's Embeddable Player or any of its related technologies.
    3. You agree not to access User Submissions (defined below) or FanHost Content through any technology or means other than the video playback pages of the Network itself, the FanHost Embeddable Player, or other explicitly authorized means FanHost may designate.
    4. You agree not to use the Network, including the FanHost Embeddable Player for any commercial use, without the prior written authorization of FanHost. Prohibited commercial uses include any of the following actions taken without FanHost's express approval:

      1. sale of access to the Network or its related services (such as the Embeddable Player) on another website;
      2. use of the Network or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
      3. the sale of advertising, on the FanHost Network or any third-party website, targeted to the content of specific User Submissions or FanHost content;
      4. and any use of the Network or its related services (such as the Embeddable player) that FanHost finds, in its sole discretion, to use FanHost's resources or User Submissions with the effect of competing with or displacing the market for FanHost, FanHost content, or its User Submissions.
    5. Prohibited commercial uses do not include:

      1. uploading an original video to FanHost, or maintaining an original channel on FanHost, to promote your business or artistic enterprise;
      2. using the Embeddable Player to show FanHost videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with FanHost;
      3. any use that FanHost expressly authorizes in writing.
    6. If you use the FanHost Embeddable Player on your website, you must include a prominent link back to the FanHost Network on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
    7. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Network in a manner that sends more request messages to the FanHost servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, FanHost grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. FanHost reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Network, nor to use the communication systems provided by the Network (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Network with respect to their User Submissions.
    8. You will otherwise comply with the terms and conditions of these Terms of Service, FanHost Community Guidelines, and all applicable local, national, and international laws and regulations.
    9. FanHost reserves the right to discontinue any aspect of the FanHost Network at any time.

  5. Your Use of Content on the Site

    In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the FanHost Network:

    1. The content on the FanHost Network, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to FanHost, subject to copyright and other intellectual property rights under the law. Content on the Network is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. FanHost reserves all rights not expressly granted in and to the Network and the Content.
    2. You may access Content solely:

      1. for your information and personal use; and
      2. as intended through the normal functionality of the FanHost Service.
    3. All access of Content should be made only as a contemporaneous digital transmission of a textual, graphical or audiovisual work via the Internet from the FanHost Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing Content for any purpose or in any manner other than as herein described is expressly prohibited. Content is made available "as is."
    4. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the FanHost Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the FanHost Service or otherwise as prohibited under this Agreement.
    5. You may access FanHost Content, User Submissions and other content only as permitted under this Agreement. FanHost reserves all rights not expressly granted in and to the FanHost Content and the FanHost Service.
    6. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Network for any commercial purposes.
    7. You agree not to circumvent, disable or otherwise interfere with security-related features of the FanHost Network or features that prevent or restrict use or copying of any Content or enforce limitations on use of the FanHost Network or the Content therein.
    8. You understand that when using the FanHost Network, you will be exposed to User Submissions from a variety of sources, and that FanHost is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FanHost with respect thereto, and agree to indemnify and hold FanHost, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

  6. Your User Submissions and Conduct

    1. As a FanHost account holder and/or hosted webmaster, you may submit text and multimedia content (including but not limited to text, photos, graphics, video and audio) ("User Content"). User Content are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, FanHost does not guarantee any confidentiality with respect to any User Submissions.
    2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize FanHost to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Network and these Terms of Service.
    3. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to FanHost, you hereby grant FanHost a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the FanHost Network and FanHost's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the FanHost Network (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the FanHost Network a non-exclusive license to access your User Submissions through the Network, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Network and under these Terms of Service. The above licenses granted by you shall not terminate after you remove or delete your User Contributions from the FanHost Service and shall continue in perpituity. For greater clarity, you understand and agree that FanHost may retain, display, distribute, and perform, copies of User Submissions that have been removed or deleted. The licenses granted by you is perpetual and irrevocable.
    4. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FanHost all of the license rights granted herein.
    5. You agree that your conduct on the site will comport with the FanHost Community Guidelines, found at http://www.fanhost.com/s/community_guidelines, which may be updated from time to time.
    6. FanHost does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and FanHost expressly disclaims any and all liability in connection with User Submissions. FanHost does not permit copyright infringing activities and infringement of intellectual property rights on its Network, and FanHost will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. FanHost reserves the right to remove Content and User Submissions without prior notice.

  7. Account Termination Policy

    1. FanHost will terminate a User's access to its Network if, under appropriate circumstances, they are determined to be a repeat infringer.
    2. FanHost reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. FanHost may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

  8. Digital Millennium Copyright Act

    1. FanHost operates its servers out of a data center physically located in the United States. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      FanHost's designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, 880 550 11 Ave SW, Calgary, AB, Canada T2R 1M7, email: info@fanhost.com, fax: 403-215-0727. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
    2. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
      1. Your physical or electronic signature;
      2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
      3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
      4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
      If a counter-notice is received by the Copyright Agent, FanHost may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at FanHost's sole discretion.

  9. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE FANHOST NETWORK SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FANHOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FANHOST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FANHOST NETWORK. FANHOST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FANHOST NETWORK OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FANHOST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  10. Limitation of Liability

    1. IN NO EVENT SHALL FANHOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FANHOST NETWORK, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    2. YOU SPECIFICALLY ACKNOWLEDGE THAT FANHOST SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
    3. The Network is offered by FanHost from colocated server facilities located in the United States of America. FanHost makes no representations that the FanHost Network is appropriate or available for use in other locations. Those who access or use the FanHost Network from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  11. Indemnity

    You agree to defend, indemnify and hold harmless FanHost, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the FanHost Network; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the FanHost Network.

  12. Ability to Accept Terms of Service

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the FanHost Network is not intended for children under 13. If you are under 13 years of age, then please do not use the FanHost Network. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

  13. Assignment

    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FanHost without restriction.

  14. General

    You agree that: (i) the FanHost Network shall be deemed solely based in California; and (ii) the FanHost Network shall be deemed a passive website that does not give rise to personal jurisdiction over FanHost, either specific or general, in jurisdictions other than California. These Terms Of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and FanHost that arises in whole or in part from the FanHost Network shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, California. These Terms of Service, together with the Privacy Notice at http://www.fanhost.com/s/privacy and any other legal notices published by FanHost on the Network, shall constitute the entire agreement between you and FanHost concerning the FanHost Network. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and FanHost's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. FanHost reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the FanHost Network following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND FANHOST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FANHOST NETWORK MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Webmaster Terms Of Service

FanHost, in its sole discretion in each and every case, may permit the hosting of websites on the Network. The operators (known individually as a "You", "Your" and "Webmaster") of each web site ("Fan Site"), in addition to complying with the standard Terms Of Service ("TOS") which fully apply to all Fan Sites built or hosted with FanHost, further agree to comply with the following terms:

  1. General Fan Site Hosting Terms

    1. FanHost shall provide to each Webmaster a non-transferable, revocable, non-sublicensable, non-exclusive and limited license to use the amount of disk space allocated to Fan Site for Webmaster's non-exclusive use for the exclusive purpose of storing Fan Site data and disseminating said data via the Internet through the use of FanHost's Equipment for purposes consistent with this Agreement (the "Hosting Service"). FanHost reserves the right to adjust certain aspects of the Hosting Service (such as allocated disk space or data transfer allocation) or revoke portions or the entire Hosting Service at any time without notice.
    2. FanHost, either directly or through its assignee or licensee, shall provide technical support relating to the Hosting Service. Any and all requests for technical support may be refused by FanHost with or without reason, in its sole discretion. Any technical support which FanHost may subsequently agree to provide to Webmaster shall be at FanHost's sole discretion and once commenced, may be terminated at any time by FanHost without notice to Webmaster and without any liability to FanHost.
    3. All use of Hosting Service and provision of services to Webmaster by FanHost shall be subject to all terms and conditions set forth herein. Webmaster may not attempt to expand or alter these rights by entering into multiple agreements. Under no conditions may any Webmaster control more than one FanHost account at any time.
    4. Unless provided otherwise in writing by FanHost, bandwidth use, including but not limited to data retrieval from Webmaster's Fan Site, e-mail traffic, and downloads, shall not exceed fifty (50) gigabytes per month. Disk storage shall not exceed 50 gigabytes at any time. Webmaster's combined mailbox use per account shall not exceed two gigabytes per month. The Webmaster is responsible for monitoring their bandwidth and mailbox use, and agree to check e-mail and download or delete e-mail on a regular basis in order to ensure compliance with this paragraph. Should the Fan Site exceed its mailbox use limits FanHost may return or reject any and all e-mails sent to the Fan Site to the originating sender without liability. Webmaster agrees that FanHost may suspend or terminate your Fan Site(s) for usage in excess of permitted amounts. While FanHost generally endeavors to offer "Unlimited Storage" and "Unlimited Data Transfer", these disk space, data transfer and mailbox limits, which FanHost views as reasonable, still apply unless altered or waived in writing by FanHost. Permission must be sought from FanHost prior to exceeding these limits. FanHost will, at its sole discression, provide in writing to the Webmaster, subject to revocation at any time without notice, permission to exceed the bandwidth use and disk storage limitations herein described.
    5. Some FanHost services, including the Fan Site Hosting Service, may not be available to international customers (that is, customers physically located outside of Canada and the United States, hereinafter known as "International Customers"), and FanHost reserves the right to alter, amend, or discontinue the provision of some or all of the services to International Customers in a particular market at any time in FanHost's sole discretion.
    6. FanHost may suspend performance under or terminate this Agreement, cease transmission of data associated with your Fan Site immediately and without notice, permanently remove your data from the FanHost equipment, and take any other actions it deems necessary, in its sole discretion, immediately and without notice, with or without reason. It may also do so immediately and without notice, to comply with the relevant laws if it is informed or otherwise believes, in its sole discretion, that your Fan Site violates the intellectual property rights of any third party, is otherwise the subject of a dispute, or is otherwise disrupting or causing harm to the FanHost Network, FanHost equipment or reputation. You waive any and all clamis you may have, now and forever, against FanHost relating to the content, use, and operation of your Fan Site and agree to indemnify and hold harmless FanHost from and against any such claims.
    7. You are responsible for backing up your data from your Web Site. FanHost does not warrant or otherwise guarantee that it will back up your data or that data which has been backed up can be retrieved, and will not be responsible for any archiving or backup of your data. The If any of Your Data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, FanHost will have no obligation or liability to you.
    8. The terms of Section 6 of the Terms Of Service, and particularly the license terms of Section 6(c) (above) apply to all User Submissions and creative works created or posted to the Fan Site by the Webmaster. Under no cirumstances is Fan Host responsible for the User Submissions posted on any Fan Site.

  2. Domain Names - Webmaster Owned

    1. If you own a domain name and point it to your Web Site (a "Webmaster Domain Name"), you agree that you are responsible for any and all fees and costs realted to the registration of your domain name.
    2. You represent and warrant that your Webmaster Domain Name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company and that your Webmaster Domain Name is otherwise in compliance with the terms of this agreement.

  3. Domain Names Purchased By FanHost

    1. Should FanHost register a domain name to point to your Web Site (a "FanHost Domain Name"), Webmaster agrees that the FanHost Domain Name shall at all times remain the property of FanHost. If you wish to move your Web Site to another host, or discontinue the Web Site, the FanHost Domain Name shall remain the property of FanHost and FanHost shall have no obligation or liability to you and may act as it chooses with respect to the existing domain name.
    2. FanHost may in its sole discretion, release, cancel, redirect, transfer, dispose of or revoke the FanHost Domain Name at any time, without notice, with no obligation or liability to you.

  4. Domain Names - General

    1. If you own a domain name and point it to your Web Site, you agree that you are responsible for any and all fees and costs realted to the registration of your domain name. This applies to both Webmaster Domain Names and FanHost Domain Names.
    2. You acknowledge and agree that FanHost or its agents, assignees or licensees may associate any data of any kind, in FanHost's sole discretion, with the Domain Name registered in association with Your Web Site or any URL incorporating said Domain Name until you replace such data with Your Web Site, at such times as Your Web Site is no longer available, and upon termination for any reason. This paragraph shall apply to any and all web pages generated by FanHost or its affiliates, including but not limited to 404 error pages.
    3. You shall inform FanHost of any claim or potential claim against your Webmaster Owned Domain Name or FanHost Domain Name, including but not limited to the initiation of a dispute under the UDRP, within five days of notification of same.

  5. Advertising

    1. You agree to display no more than one (1) and no more than three (3) advertising units as supplied and modified from time to time by FanHost. The current sizes supplied include 728x90 pixels, 160x600 pixels and 300x250 pixels. Webmaster agrees not to alter or obscure the advertising or source code in any way.
    2. No other advertising, including affiliate, e-mail, CPM (cost-per-thousand), CPC (cost-per-click), CPA (cost-per-action) or flat-rate advertising shall be permitted to be posted without the written consent of FanHost.
    3. You agree that you shall not receive compensation from any advertising placed by FanHost on the Web Site.
    4. You agree to at all times display the "FanHost Network" logo, nagivation bar and any other content, either text or graphical, without being altered or obscured in any way, as required by FanHost for continued hosting of the Fan Site. Failure to properly display the required content is grounds for immediate suspension or termination of the Fan Site by FanHost without notice.
    5. Linking to (in FanHost's optinion), direct competitors or inappropriate web sites from the Fan Site is prohibited and may result in account closure.

  6. Content

    1. Large media files (such as AVI videos) shall not be hosted on the Web Site. All videos must be encoded (such as in FanHost's video section) before being posted.
    2. You shall not post defamatory, offensive or illegal content of any kind.
    3. All content posted to the Fan Site (including content posted by the Fan Site Webmaster) is subject to the User Contributions clause described in Section 6. You grant to FanHost the same non-exclusive, perpetual, non-revocable license as previously described, for all content transferred to, or contributed to the Fan Site while hosted by FanHost.

  7. Rewards, Points and Compensation

    1. Eligibility Contests and promotions (including the points-based rewards system for hosting web sites with FanHost, hereinafter referred to as "Rewards") are only open to legal residents of the United States and Canada (except Puerto Rico and the province of Quebec) (the "Eligibility Area"), 13 years of age or older. FanHost may, at its option, allow participation from other countries where not prohibited by law. Employees and their immediate families, including household members of FanHost and their parents, affiliates, subsidaries, divisions, advertising and promotion agencies are not eligibile to earn Rewards.
    2. Expiry Your Rewards are nontransferable and subject to present and future program rules. Enrollment begins upon activation of your Web Site. If your Fan Site is not active during a calendar year (January 1-December 31), your membership will automatically expire on the last day of that calendar year.
    3. Tracking Code You must place the provided tracking code on each and every page on your Web Site (a "Tracked Page") in order to be eligible. Any double-posting, editing or tampering with the tracking code shall result in immediate forfeiture of all earned Rewards and shall result in your ineligibility for future participation in the program.
    4. Earn Points As a member of the Rewards program, the Webmaster shall earn 1 point ("Point") for every page view on a Tracked Page on your Web Site. Points will post to your account approximately once per week. Earn additional Rewards points through special offers and promotions. Points calculations are based upon the page view counts as tracked and adjusted by FanHost and its partners, less any adjustments for invalid page views, robots, search engine crawlers and other non-human web page traffic. Rewards, and Reward points have no cash value. Web Sites, Rewards and Rewards Points are nontransferable. Other restrictions or exclusions may apply.
    5. Get Rewards For every 100,000 Reward points you earn in the program, you will be eligible to receive Reward Certificates ("Certificate[s]") redeemable for a $10 gift certificate at a store of FanHost's choosing. 100,000 points are automatically deducted from your account for every $10 in Certificate value issued to you. Other alternative rewards may also be offered from time to time, at FanHost's sole discretion, and the "cost" (in points) of redeeming points for rewards shall be disclosed at that time. Certificates will only be issued electronically at FanHost.com. Certificates will expire if not redeemed within 90 days from the date it is issued. Certificates have no cash value. Certificates may only be used once. Lost, stolen or expired Certificates will not be replaced. Other restrictions or exclusions may apply. FanHost is not responsible for communications, including Certificates, lost due to change of e-mail address or changes in other contact information. Partial reward certificates will not be issued. Accounts that have accumulated in excess of 1,000,000 points must redeem their points within 30 days of reaching that point level or their points will be forfeited.
    6. Membership Cancellation, Modification, Expiration and Termination You may cancel your Membership at any time by notifying FanHost by e-mail. Cancellation may take from 6 to 8 weeks to finalize.
    7. FanHost may, at any time, terminate or modify the Rewards program and program rules without any further obligations to members.
    8. If your web site does not incur at least 50,000 pageviews in a 12-month period, your Membership will automatically expire on the last day of that calendar year and your points shall be forfeited.
    9. FanHost reserves the right to terminate your membership, in its sole discretion.
    10. Member Communications You may view your Account activity online at FanHost.com. For information about your Account, sign in to your account.
    11. Membership rules are void where and to the extent prohibited by law.
    12. No purchase is necessary to participate in the rewards program.