The non-linkage from the front page was a minor issue, and more of a misunderstanding than a violation. At any rate, it's clear Clay was always acting in good faith, so there should have been no need for all this ruckus at all, an email reminder would have sufficed.
At any rate, Clay should be getting his account back soon with an apology, so that is hopefully one issue resolved.
The only good outcome out of this it that at least that outdated TOS gets updated...
Speaking of which... Kelly asked me to post these modified versions of the TOA and AUP:
New Keenspace Acceptable Use Policy wrote:<pre>
ACCEPTABLE USE POLICY
This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with KEENSPACE. If you engage in any of the activities prohibited by this AUP document KEENSPACE may suspend or terminate your account.
KEENSPACE's Acceptable Use Policy (the "Policy") for KEENSPACE Services is designed to help protect KEENSPACE, KEENSPACE's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by KEENSPACE. KEENSPACE reserves the right to modify the Policy at any time, effective upon posting at: http://www.keenspace.com/aup.html
Prohibited Uses of KEENSPACE Systems and Services:
1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through KEENSPACE's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on KEENSPACE's servers, is prohibited. KEENSPACE accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by KEENSPACE customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any KEENSPACE-hosted domain, or referencing any KEENSPACE account, is prohibited.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, or initiation of pinging, flooding, mail-bombing, or denial of service attacks.
5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at http://www.spamhaus.org.
6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any KEENSPACE customers or end-users by any means or device.
9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the KEENSPACE services or on another provider's network.
10. Using KEENSPACE's Services to interfere with the use of the KEENSPACE network by other customers or authorized users.
Customer Responsibility for Customer's Users
Each KEENSPACE customer is responsible for the activities of its users and, by accepting service from KEENSPACE, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an KEENSPACE customer will be forwarded to the KEENSPACE customer's postmaster for action. If violations of the KEENSPACE Acceptable Use Policy occur, KEENSPACE reserves the right to terminate services with or take action to stop the offending customer from violating KEENSPACE's AUP as KEENSPACE deems appropriate, without notice.
</pre>
And hopefully that's all for tonight.New Terms of Service Agreement wrote: KEENSPACE TERMS OF AGREEMENT
This Agreement is entered into by YOU, ("CARTOONIST"), on the one part, and KEENSPACE, ("KEENSPACE"), a division of KEENSPOT, a California general partnership, on the other.
1. Copyrights -- The characters, site design, and strips of the CARTOONIST's cartoons/comic strips are the intellectual property of the CARTOONIST who retains ownership of the Copyrights on such items.
2. Agreement -- KEENSPACE agrees to give the submitting CARTOONIST free webhosting and promotion. CARTOONIST agrees to place KEENSPACE'S ad banners and promotional materials on CARTOONIST'S website in the proper locations. CARTOONIST also agrees to follow KEENSPACE's Acceptible Use Policy.
3. Term -- The term of this agreement commences upon the execution of this Agreement and shall terminate within thirty (30) days after the delivery of a notice of termination by the CARTOONIST to KEENSPACE, and thirty (30) days after delivery of a notice of termination by KEENSPACE to the CARTOONIST. KEENSPACE reserves the right to immedately terminate without notice the agreement in cases including, but not limited to, violations of KEENSPACE's Acceptible Use Policy.
4. Indemnity -- CARTOONIST agrees to indemnify and hold KEENSPACE and all of it's partners (and their partners) harmless from any liability, damages, actions, costs, and expenses incurred on account of the content of the CARTOONIST'S material, including but not limited to defamation suits, and including but not limited to reasonable attorneys fees and costs of defense. KEENSPACE reserves the right to refuse to publish any material which, in KEENSPACE'S discretion, would increase KEENSPACE'S risk of liability.
5. Mediation/Arbitration -- The parties agree to mediate through an independent mediator selected by CARTOONIST any controversy or claim arising out of or relating to this Agreement, or the breach thereof, the costs of mediation to be shared equally. If mediation does not resolve the entire controversy or claim, then the remainder shall be resolved by arbitration under the provisions of the California Arbitration Act, section 1280 et. seq. of the California Code of Civil Procedure, or any successor statute.
6. Attorneys Fees -- The prevailing party shall be entitled to attorneys fees in addition to other costs incurred in any litigation or arbitration necessary to enforce the provisions of this agreement or matters arising out of this agreement.
7. Notices -- Except as otherwise expressly provided by law, notices or other communications required or permitted by this agreement or by law to be given to either party shall be in writing and shall be deemed given when personally delivered to the party to whom it is directed, or, in lieu of such personal service, when deposited in the United States mail, first-class postage prepaid, addressed to the party shown near its signature below, or to such change of address noticed in the manner provided in this section.
8. Binding Effect -- This agreement is binding upon and shall inure to the benefit of the transferees, successors and assigns of the respective parties.
9. Counterparts/Facsimile -- This Agreement may be signed in counterparts and shall have the same force and effect as if all parties executed one document, and signatures may be provided by facsimile transmission.
*sails off*