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Terms Of Service
Affiliation Terms and Conditions for the hosting services of The SimCity 4 Network. This agreement describes the entire terms and conditions for hosting and affiliation on The SimCity 4 Network (SimCity4) and (hereinafter “affiliate”). By submitting any content onto The SimCity 4 Network, including without limitation, WebPages, Message-Board (forum) postings, or any chat room statements including you signify your agreement to these Terms of Service.
Section 1.0 Standard Terms and Conditions
1.1 Affiliate’s Site, or emails originating from SimCity4’s network server, shall not contain any information (or link to any other site containing information) which in SimCity4’s sole discretion ) is not suitable for people under the age of 18 (including, without limitation, any material that is lewd, pornographic or is otherwise sexually explicit, or contains crude language, pictures or information), ii) is misleading or fraudulent, iii) violates any copyright or patent, iv) contains material that is defamatory, or v) violates any federal or state law or in any way exposes SimCity4 to civil or criminal liability.
1.2 Affiliate agrees that SimCity4 shall have the right to monitor the Site to determine that the Affiliate is in compliance with the terms of this Agreement.
1.3 The content of the Site or the use thereof, does not violate any agreement, contract or court order to which it may be subject or constitute unfair competition, defamation, invasion of privacy, or violation of rights of celebrity or rights of third parties of any kind or nature, including, without limitation, copyright or trademarks of any third party.
1.4 SimCity4 reserves the right to ownership of any domain names bought by SimCity4 for the use of the Affiliate. Any domain name(s) that were previously owned by any Affiliate is still property of that Affiliate.
1.5 Affiliate is and will during the term of this Agreement be solely responsible for the development, operation and maintenance of the Site and all materials appearing on the Site.
1.6 Affiliate is at least 18 years of age, or is acting with consent and permission from his/her parent or guardian.
1.7 SimCity4 reserves the right to terminate hosting at any time at SimCity4’s sole discretion for any reason (decline in site quality, lack of updates, etc).
1.8 Affiliate is the owner of the Site and all rights, including, without limitation, all copyrights, trademarks, trade names, licenses (or sublicenses if applicable), republication rights, and all other intellectual property rights, either directly or through valid licenses, necessary or appropriate for use and content of Affiliates Site with the exception of domain names purchased by SimCity4.
Section 2.0 Ad placement and revenue
2.1 Affiliate hereby grants to SimCity4 the exclusive right to sell and place all advertisement (the “Ads”) on Affiliate’s Site(s) and Affiliate further agrees to cause the Ads to be displayed in accordance with the specifications set forth below. Failure to conform to the specifications shall be deemed a material breach of this agreement. Affiliate shall not remove or alter in any way the content of the Ads or the manner in which they are displayed.
2.2 The following specifications shall govern the placement of all SimCity4 Ads:
a) All Ads must appear in an area (the “Ad Banner”) at the top one third of each page of Affiliate’s Site(s). The HTML code for the Ad Banner will be provided by SimCity4. The HTML code provided by SimCity4 must not be in any way altered by the Affiliate, and any such alteration shall be deemed a material breach of this agreement.
b) If Affiliate elects to display the Ad Banner in a frame, the Ad Banner must be placed in a frame to which most pages links are targeted, or the main viewing frame.
c) In any case, the Ad Banner must be viewable without the need for scrolling down in an internet browser at a resolution of 800×600 pixels.
d) If the Affiliate elects to display the Ad Banner in a frame, the Frame with the Ad Banner must be refreshed when ever a link to a different page is cliked
e) If the Affiliate in any ways tries to alter the banner code to create more banner views or clicks, they forfiet the right to any earnings or benifits of the banner revnue.
2.3 The Affiliate is allowed limited ad space to which he/she may sell their own ads. The following limitations shall govern all ads which the Affiliate sells privatly:
a) All Ads must be restricted to a space equal to or smaller than two hundred pixels in length and height, or a maximum of 300 characters (the the case of text ads).Which, of course, must be under any ads SimCity4 places on the site
b) All Ads must not display material which is not suitable for people under the age of 18 (including, without limitation, any material that is lewd, pornographic or is otherwise sexually explicit, or contains crude language, pictures or information), ii) is misleading or fraudulent, iii) violates any copyright or patent, iv) contains material that is defamatory, or v) violates any federal or state law or in any way exposes SimCity4 to civil or criminal liability.
c) Affiliate may not sell his/her own ads if they are in violation of the above limitations.
2.4 Affiliate has the right and authority to enter into this agreement and specifically that it has the right and authority to grant SimCity4 the exclusive right to sell and place all Ads on its site.
2.5 If any terms and conditions outlined above are violated, then, pending judgment by SimCity4, all unpaid profits shall be immediatly revoked and hosting terminated.
Section 3.0 Server and FTP use
3.1 The Affiliate agrees not to install any software upon the server which is not approved beforehand by SimCity4. Message bord programs, news programs, and sendmail/formmail programs are exempt from approval.
3.2 The Affiliate agrees not to use his account for uses other than the running and matinance of Affiliate’s website. This includes the upload of unnecssary files (to be determined on inspection by SimCity4), the upload of excessively large files, or other material deemed unacceptable of SimCity4.
3.3 The Affiliate shall not attempt to violate, either with or without intent of harm, the security of the SimCity4 sites and server. Nor shall the Affiliate attempt to ‘hack’ into any applications or programs on any sites residing on the SimCity4 server.
Section 4.0 Domain and Subdomain use
4.1 Any Domains bought for the Affiliate are the property of The SimCity 4 Network unless a written signed agreement between SimCity4 and the Affiliate.(A copy of this agreement must be kept by the Affilate and SimCity4)
4.2 Any domains that were bought for the Affiliate for any work that may have been done by them are the property of SimCity4 unless a signed agreement has been made between the Affiliate and SimCity4.(A copy of this agreement must be kept by The Affilaite and SimCity4)
4.3 If the Affilate Shall own a domain before or during coming to SimCity4, the domain is the Affilaite’s Property
4.4 If the Affilaite sends SimCity4 an amount equal to that of the SimCity4 Cost for registering a domain, the Domain will be the property of SimCity4, unless a signed agreement is made.
4.5 Any subdomains issued by SimCity4 are the property of SimCity4, not the affiliate
4.6 The affiliate agrees that if they dispute a domain with SimCity4 that they will forfiet the right to the domain and it becomes SimCity4’s property.
Section 5.0 Liability
5.1 SimCity4 has the right to use/delete/modify any file or other media on the SimCity4 Servers
5.2 SimCity4 Has the right to refuse hosting to anyone for any reason
5.3 Affilate Agrees to forfiet thier legal rights to hold SimCity4 Accountable for anything related to the Affilate Site
5.4 Affiliate cannot Hold SimCity4 responsible for anything regaurding money loss thier site due to downtime
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