Legal

Terms and Conditions of Use

As a Greenest Host user, you agree to abide by the following terms:

Definitions.

As used in this Agreement, the following terms and phrases shall have the following meanings:

Agreement: These Terms and Conditions, Greenest Host's Privacy Policy, Greenest Host's Policy Against Copyright Infringement and any and all agreements, schedules, policies, or amendments in place between You and Greenest Host governing Your use of Greenest Host's services.

Content Provider: A User that allows access to or distributes his or her Public Content, in electronic or other format to other Users.

Content Recipient: A User that utilizes Greenest Host's services to access or receive, in electronic or other format, Public Content from other Users.

Digital Delivery: The delivery of Public Content or electronic data, by digital transmission of electronic data and/or sound recordings which result in specifically identifiable reproductions by or for any Content Recipient of a copy of that data or a phonorecord of that sound recording by any means now known or hereafter devised.

Private Content: The electronic data, including but not limited to sound recordings, audiovisual works, musical works, artwork, Phonorecords, photographs, documents, software, and other graphical or textual material embodying Your works and any descriptions, titles, captions and other identifying characteristics You or others attribute thereto, maintained on Your behalf by Greenest Host that You have not designated for general access by Users other than Yourself. However, Private Content does include content sent to other users by email and/or through the use of hosted content with restricted access, such as by password protection or IP restriction.

Public Content: The electronic data, including but not limited to sound recordings, audiovisual works, musical works, artwork, Phonorecords, photographs, documents, software, other graphical or textual material embodying Your works; any descriptions, titles, captions and other identifying characteristics You or others attribute thereto; and all trademarks, tradenames and trade secrets therein, which are maintained on Your behalf by Greenest Host and that You have designated for access by Users other than Yourself.

Streaming Transmission: The digital transmission of a sound recording or other Public Content where a copy of the Public Content is not made by or for the Content Recipient.

Greenest Host: Greenest Host, Brightfire Ventures, LLC, and their successors, assignees, agents, distributors, dealers, and licensees.

Transacting Parties: The Content Provider(s) and Content Recipient(s) engaged in an individual Transaction utilizing Greenest Host's services.

Transaction: The offer of a copy of any Public Content by a Content Provider and the acceptance thereof by a Content Recipient using Greenest Host's services.

User: Any individual, group or entity accessing Greenest Host's services and/or utilizing one or more of Greenest Host's services to store, transfer or receive Private Content or Public Content.

You, Your, Yours: The person who is over the age of 18, and the minor(s), individual(s), group(s), entity(ies) or other association(s), individually and as a whole, and their agents, successors and assignees, on whose behalf that person has entered this Agreement with Greenest Host and for whom Greenest Host has established an account.

Our Relationship. Greenest Host provides a service that enables You to store, transfer and receive Private Content and Public Content online. All Transactions that take place utilizing Greenest Host's services are made directly between the Transacting Parties. Greenest Host is not an agent of any Transacting Party, nor is Greenest Host a direct party to any Transaction. You and Greenest Host act independently in all Transactions, and no agency, partnership, joint venture, trust, employer/employee, or franchiser/franchisee relationship is intended or created by this Agreement or by Your use of Greenest Host's services.

As-Is and As-Available. Neither Greenest Host nor any User, or their respective agents, warrants that the service, Private Content or Public Content, or Your access thereto, will be uninterrupted or error free, and Greenest Host's services and both Public Content and Private Content are provided on an "as is, as available" basis. Greenest Host has the right to make changes to its services without notice to You. Neither Greenest Host nor any User warrants that Public Content or Private Content will be free of viruses or similar contamination or destructive features. You expressly agree to assume any and all risk as to the use, quality, performance, accuracy or completeness of any Private Content, Public Content, or Greenest Host's services. Please refer to our “Uptime Guarantee” for specific details related to Your website availability guarantees.

User's Identity. You agree to provide Greenest Host with accurate, timely information about Yourself and/or the minor over the age of 13 on whose behalf You are entering this Agreement, and update Your contact data such that it remains current. You will not provide Greenest Host with false information about Your identity, impersonate another person or entity, or otherwise misrepresent Your identity or affiliation to Greenest Host. Greenest Host will use that information only in a manner consistent with that disclosed in Greenest Host's Privacy Policy, which is incorporated into this Agreement by reference. Your failure to comply with this provision automatically nullifies any obligation Greenest Host may have to contact You or provide You with any notice required by this Agreement or by law.

Access. You are solely responsible for maintaining the confidentiality of Your password and any additional identifying information required for Your use of Greenest Host's services. You must immediately notify Greenest Host if you become aware of any loss, theft, or unauthorized use of Your password or of any other unauthorized use of any User's account information, contact data, Private Content, Public Content, or Greenest Host's services. Greenest Host does not guarantee the security of any information transmitted to or from Greenest Host. You are solely responsible for all Private Content, Public Content and other information stored, transferred, and received under Your username and password including, but not limited to, sole responsibility for completing transactions initiated under Your username and password. If You lose control of your password, You may be subject to legally binding actions taken on Your behalf. You are solely responsible for the accuracy and appropriateness of the Private Content and Public Content maintained under Your username and password; for ensuring that Private Content or Public Content posted or distributed under Your username and password does not violate or infringe this Agreement or upon the rights of any third party (including, without limitation, copyrights, trademarks, privacy or other personal or proprietary rights); and for ensuring that Private Content and Public Content maintained under Your username and password are not illegal. Greenest Host disclaims any and all liability for such matters, and, to the fullest extent permitted by law, You agree to indemnify, defend and hold Greenest Host harmless from and against any and all claims, liabilities, loss, damages and expenses (including, without limitation, attorneys' fees) relating to or resulting from the use of Your username and password and/or Private Content or Public Content maintained thereunder.

No Infringement of Other's Rights. You represent and warrant that: (1) any Public Content You provide is (a) wholly Your own original work, (b) the original work of others from whom You have received the rights or authority to enter this Agreement, or (c) Your own original work that incorporates the work of others from whom you have acquired the rights or authority to enter this Agreement; (2) Your Private Content or Public Content does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights; (3) Your Private Content or Public Content does not and will not violate any law, statute, ordinance or regulation.

Regulation of Private Content and Public Content. Greenest Host does not prescreen or test Private Content or Public Content and does not endorse any Public Content. Although Greenest Host does not regularly monitor the use of its services by any particular user, it reserves the right to do so if Greenest Host, in its sole discretion, determines there may be misuse as defined by the terms of this Agreement. Greenest Host may monitor Your access, use, Public Content, files and/or Private Content to detect signs of misuse. Greenest Host will not knowingly tolerate the use of its services for illegal or other injurious or damaging activities. If Greenest Host believes, in its own discretion, that You may be connected with such activities, Greenest Host may disclose its user files, the Public Content and/or Private Content to the proper authorities. Greenest Host may, in its sole discretion, remove, reclassify, recategorize, or block Your access to all or any part of Greenest Host's services or to any particular Public Content or Private Content at any time for any reason, or for no reason at all. Without limiting the foregoing, Greenest Host reserves its right to remove any Private Content or Public Content if (a) it decides, in its sole discretion, that the Private Content or Public Content may breach any of Your obligations, representations, or warranties hereunder, (b) Greenest Host is advised of a court order, subpoena or notice under the Digital Millennium Copyright Act ("DMCA") requiring removal of the Private Content or Public Content.

Maintenance of Private Content and Public Content. Greenest Host shall have no responsibility for and does not guarantee the integrity of Private Content or Public Content residing on Greenest Host's equipment. You are responsible for independent backup of Private Content and Public Content stored using Greenest Host's services. You agree to assume all risk of loss of such data. You agree to hold Greenest Host harmless for any loss of data, whether on Your equipment or through Greenest Host's services, arising out of or resulting from use of Greenest Host's services, including use of software provided by Greenest Host, if any. Greenest Host may, but shall not be required to, delete Your Public Content, files and/or Private Content after the termination of this Agreement.

Site Integrity. You will not attempt to gain access to Greenest Host's private system areas or to other areas to which You are not expressly permitted access and You shall not reverse engineer or attempt to reverse engineer any portion of Greenest Host's service. Greenest Host will prosecute those who illegally threaten the system or its services. You agree that if any of Your activities conducted in violation of this Agreement are found to disrupt or damage Greenest Host's hardware, software, system or their functions, You will reimburse Greenest Host for system administration costs incurred in repairing the affected systems as well as direct and consequential damages incurred by Greenest Host arising out of Your activities.

Anti-Spamming Policy. You agree that you will not collect personal information about other Users and will not send mass, unsolicited electronic mailings, chain letters, or "pyramid schemes" to Greenest Host's Users. You will not include in Your description of any Public Content keywords that are not related to the Public Content in order to gain extra exposure for the Public Content, and You will not directly notify other Greenest Host users of Your Public Content by means of mass-mailings, "spamming", or other unsolicited notifications. You shall not use Greenest Host's services for advertising or promotion of a commercial product or service that is not available through Greenest Host's services.

Age Restrictions. Anyone 13 years old or older is eligible to use Greenest Host's services. An account for use by a minor must be established by a person over the age of 18 with the legal right to execute this Agreement on behalf of the minor and who guarantees such minor.

Name and Likeness. As a Content Provider, You grant to Greenest Host permission, on a non-exclusive basis, worldwide, to use your name(s), username, group name, corporate name, approved photograph, artwork, and/or likeness(es) and approved biographical materials solely in connection with the distribution, exploitation, promotion, marketing and advertising of Your Public Content or Greenest Host's services. You will not assert any privacy, publicity, moral or similar rights held by you or any other person(s) whose contributions are embodied in Your Public Content under the laws of the United States or any other country in connection with Greenest Host's use of any such materials.

Public Content Identification. Your Public Content must strictly conform to the title and descriptions You provide. Public Content not suitable for all ages must be labeled to indicate that it is intended for "Mature Audiences". Public Content with nudity, intense or graphic violence, intense sexual situations, crude or indecent language, or intensely suggestive dialogue must be labeled for "Mature Audiences". You also grant a non-exclusive, sub-licensable license to Greenest Host for any and all rights in the identifications, descriptions, or other metadata you have provided in connection with Your Public Content.

Prohibited Private Content. Greenest Host's services may not be used for the electronic storage of unlawful or illegal images, files, documents, materials, or other data relating to or resulting in child pornography, copyright or trademark infringement, or other illegal data. Greenest Host reserves the right at any time to remove any prohibited Private Content and terminate your Greenest Host account under this Agreement. The storage of prohibited Private Content may also subject You to civil and/or criminal liability.

Prohibited Public Content. You agree to abide by Greenest Host's policy concerning Prohibited Public Content, which is incorporated into this Agreement by reference. Without limiting Greenest Host's Prohibited Public Content policy, Greenest Host's services may not be used to engage in or encourage anything to do with unlawful or illegal activities relating to or resulting in controlled substances, gambling, pornography, prostitution, child pornography, robbery, propagating computer viruses, unauthorized access to private computer systems, copyright or trademark infringement, illicit use of credit information, or other criminal or otherwise illegal activity. Greenest Host reserves the right at any time to remove any Prohibited Public Content and terminate this Agreement. The transfer or receipt of prohibited Public Content may also subject You to civil and/or criminal liability.

Licensing Fees, Royalties, Etc. As a Content Provider, You shall be solely responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with Your Public Content, including but not limited to any applicable license fees, royalties, participations, residuals, union and/or guild payments, "sample" or "replay" licenses or payments, and mechanical, synchronization or public performance royalties. Neither Greenest Host nor any Content Recipient shall have any obligation to make any such payments, and You warrant that You will fulfill your obligations to any such third parties.

Export Controls. No Public Content shall be acquired by or otherwise exported or re-exported into (or by or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan or any other country to which the U.S. has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. As a Content Recipient and/or User, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

Parental Control Protections. Greenest Host does not routinely audit the Private Content or Public Content provided by Users of its services and strongly encourages the use of parental control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist in limiting access to Public Content or Private Content that may be harmful to or inappropriate for minors.

Non-Assignability. You may not assign, transfer, or delegate this Agreement, Your duties and obligations under this Agreement, Your benefits under this Agreement, or Your Greenest Host account to anyone without the express written consent of Greenest Host. Upon reasonable notice to You, Greenest Host may assign or transfer this Agreement at its sole discretion.

DISCLAIMER OF WARRANTIES. GREENEST HOST'S SERVICES AND MATERIALS AND THIRD PARTY CONTENT ACCESSIBLE IN CONNECTION THEREWITH ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND, EXCEPT AS EXPRESSLY PROVIDED HEREIN, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GREENEST HOST DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the generality of the foregoing, Greenest Host does not warrant that the functions and/or services of Greenest Host-related services, Private Content, Public Content, hardware, sites, software, data or other material will be uninterrupted or error-free, or that defects will be detected or corrected; neither Greenest Host nor any third party Content Provider warrants that any service, software, Public Content, Private Content or the methods by which they are made available will be free of viruses or similar contamination or destructive features. You expressly agree to solely assume the entire risk as to the quality and performance of Greenest Host's services and the accuracy or completeness of Private Content and/or Public Content. Greenest Host does not warrant or make any representations regarding the use or the results of the use of its services, software, Private Content, Public Content, the materials, functions, data or services in or provided by Greenest Host, its affiliates or its Users in terms of accuracy, reliability, or otherwise. You expressly agree to assume the entire cost of all necessary servicing, repair, correction and related liabilities resulting from Your use of Greenest Host's services. If applicable law does not allow the exclusion of implied warranties, certain of the above exclusion may not apply to You.

LIMITATION OF LIABILITY. YOU AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES, INCLUDING (BUT NOT LIMITED TO) NEGLIGENCE, SHALL GREENEST HOST BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, ACTUAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT RELATE TO OR RESULT FROM THE USE OF, THE INABILITY TO USE, OR THE CORRUPTION OF PRIVATE CONTENT, OR OTHER DATA STORED ON, STORED IN, RETRIEVED FROM, ACQUIRED, TRANSMITTED OR TRANSFERRED THROUGH GREENEST HOST'S SERVICES, EVEN IF GREENEST HOST OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT GREENEST HOST WILL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) OR ANY LOSSES YOU MAY INCUR IN CONNECTION WITH GREENEST HOST'S SERVICES OR ANY OF THE CONTENT, DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON GREENEST HOST'S EQUIPMENT, EVEN IF GREENEST HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL GREENEST HOST'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF $1,000 OR THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE. If applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, certain of the above limitations or exclusions may not apply to You.

Indemnification. You agree to defend, indemnify and hold Greenest Host and its agents, employees, consultants, representatives and/or assignees harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including, but not limited to, attorneys fees and costs through appeal) relating to, arising out of or resulting from, in whole or in part, any acts or omissions by You, or Private Content, Public Content, materials or information stored, transmitted or received by or for You, that in any way relate to Greenest Host's services.

Termination at Will. Greenest Host reserves the right to change, suspend or discontinue all or any aspect of its services at any time, including the availability of any feature, Private Content, or Public Content, without prior notice or liability to You. Either party may terminate this Agreement at any time for any reason or for no reason by sending notice of termination to the other party. Each party expressly waives any and all claims it may have against the other party arising out of or related to any such termination at will.

Termination for Cause. Greenest Host may terminate this Agreement if You submit false or misleading information to Greenest Host, if You breach any provisions of this Agreement, or violate any laws, including the Digital Millennium Copyright Act of 1998. Upon termination for cause, You will no longer have the right to access Greenest Host's services and You will be precluded from accessing Greenest Host's services in the future. Greenest Host expressly reserves any and all additional rights and remedies it may have against You including, but not limited to, claims for breach of contract.

Choice of Law and Venue. Greenest Host's services are managed from its offices within the State of California, United States of America. Greenest Host makes no representation that its services are appropriate or available for use in other locations. If You choose to access this site from other locations, You do so on Your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All matters with respect to this Agreement, including, without limitation, matters of validity, construction, effect and performance shall be governed by the internal laws of the State of California applicable to contracts made and to be performed therein between the residents thereof (regardless of the laws that might otherwise be applicable under principles of conflicts of law). Any action or proceeding related to the subject matter of this Agreement shall be venued in San Diego, California. You hereby agree to submit to personal jurisdiction in the federal and state courts located in San Diego, California. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Severablity. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement may not be amended unless the CEO of Greenest Host has approved and signed such an amendment in writing. Non-enforcement of any section of this Agreement does not constitute consent or waiver and Greenest Host reserves the right to enforce any provision of this Agreement at its sole discretion.

Incorporation. The terms of this Agreement supercede any prior representations made by Greenest Host or negotiations between You and Greenest Host and is the entire agreement between the parties relating to the subject matter contained herein.

Modifications. Greenest Host may from time to time amend the terms and conditions of this Agreement. At the time of any such change, You will be notified of the modified terms and conditions. Continued use of Greenest Host's services after the effective date of the notification shall constitute acceptance of the changed Agreement.

Time Limitation on Claims. Regardless of any statute or law to the contrary, any claim, cause of action, or demand for arbitration against Greenest Host arising out of or related to this Agreement or use of Greenest Host's services must be filed within one year of the date upon which You were or should have first been aware of the existence of the grounds for Your claim or cause of action.

Arbitration. Any dispute between You and Greenest Host relating to this Agreement, Private Content, Public Content or Greenest Host's services, hardware or software shall be resolved by binding arbitration pursuant to the commercial rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Diego, California, and any judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Notice. Legal notice to Greenest Host must be delivered to:

Legal Notice
Greenest Host
2535 Kettner Blvd. Suite 3A3,
San Diego, CA 92101
(888) 350-4733

Any notice to You required by law or under this Agreement will be effectuated by Greenest Host posting notice on its site in a designated area and via electronic mail (e-mail) to the address on file with Greenest Host (if any).

Reporting Violations of this Agreement. Violations of the terms of this Agreement or similar agreements should be reported to Greenest Host at . To report potentially infringing use of copyrighted material, please refer to Greenest Host's Copyright Infringement Policy.

Authority. You represent and warrant that (1) You are over the age of 18; (2) You have full right and power to enter into and perform this Agreement, and have secured all third party consents necessary to enter into this Agreement; and (3) if You are establishing an account on behalf of a minor or if any contribution to Your Public Content is from a minor, You have the legal right to execute this Agreement on behalf of the minor and guarantee such minor's performance of the terms of this Agreement. These warranties shall survive any termination of this agreement. You agree to indemnify and hold Greenest Host and its Users harmless from any and all damages and costs, including reasonable attorney's fees, arising out of or related to Your breach of the representations and warranties described herein. You agree to execute and deliver documents to Greenest Host, upon Greenest Host's reasonable request, that evidence or effectuate Greenest Host's rights under this Agreement.

Agreement. You represent that You have carefully read this Agreement, that You understand its contents, and that You have had an opportunity to seek independent legal advice with respect to the review and advisability of entering into this Agreement. Should you have any questions concerning this Agreement, please contact .

Prohibited content
You shall not use Greenest Host's services to transmit, transfer or convey Public Content that might be illegal or otherwise damaging to Greenest Host, its users, or others.

No Public Content (or any portion thereof) shall:

- Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

- Divulge information that You do not have a right to divulge due to a contractual, fiduciary, or privileged relationship;

- Violate any state or United States law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

- Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

- Be false, inaccurate or misleading;

- Be fraudulent or incorporate counterfeit or stolen items or property;

- Promote physical harm or injury or otherwise advocate violence against or unreasonable hostility toward people or groups based on their race, religion, national origin, sexual orientation, gender, or disability;

- Instruct, aid, abet, or promote any illegal activity including, without limitation, instructions on constructing explosive or incendiary devices; growing or producing controlled substances, or counterfeiting currency, passports, drivers. licenses, etc;

- Contain child pornography. It is a federal crime to buy or sell child pornography as defined in United States Code, Title 18, Chapter 110 - Sexual Exploitation and Other Abuse of Children. ANY CONTENT THAT GREENEST HOST CONSTRUES AS CHILD PORNOGRAPHY WILL BE IMMEDIATELY FORWARDED TO THE PROPER AUTHORITIES.

- Contain any viruses, Trojan Horses, Worms, Time Bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

- Provide advice for which any jurisdiction requires a professional license to disseminate including, but not limited to, legal, or medical advice;

- Create liability for Greenest Host or cause Greenest Host to lose (in whole or in part) the services of its advertisers, service providers or suppliers; or

- Link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement

This Prohibited Content policy precludes the use of Greenest Host's services to transmit, transfer or receive electronic or other data that comprises or depicts any of the foregoing, as well as similar Public Content. You are responsible for complying with the rules, terms and conditions outlined in the User Agreement and this Prohibited Public Content policy. If You have any questions as to if any particular Public Content is prohibited, please contact Greenest Host at .

Policy against copyright infringement
To protect copyright owners, Greenest Host's users, and Greenest Host, Greenest Host has a strict policy against the infringement of others' intellectual property rights. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights and a violation of United States and international laws. Although Greenest Host will enforce its policies to the extent technically feasible, some Public Content may have been created or distributed without proper authorization. As a condition to continued use of Greenest Host's services as well as a condition precedent to Your obtaining a valid license to use any Public Content, You agree that You will not infringe the intellectual property rights of others in any way.

Greenest Host will terminate the account of any User whom Greenest Host has found to violate its policy against intellectual property infringement. Greenest Host may unilaterally terminate Your use of its services upon any single act of infringement consummated through the use of Greenest Host's services or if Greenest Host determines Your use of its services is harmful to the interests of Greenest Host or others.

Greenest Host will respond expeditiously to all claims of copyright infringement that meet certain minimum requirements. If, as described below, Greenest Host obtains sufficient knowledge of Public Content containing potentially infringing material or receives sufficient written notice of such Public Content being shared through use of Greenest Host's services, Greenest Host will act expeditiously to remove or disable access to such files in accordance with 17 U.S.C. 512(d)(1). In addition, Greenest Host will fully comply with the requirements of the Digital Millennium Copyright Act (DMCA) to remove or disable access to all such Public Content.

Your Public Content and access to Greenest Host's services will be permanently disabled and/or terminated if Your use of Greenest Host's services is the subject of two or more signed complaints by or on behalf of a single copyright owner; if Greenest Host has disabled on five or more occasions, for any reason, Public Content You have designated for sharing; or if You attempt to re-post Public Content that Greenest Host has disabled without Greenest Host's written consent. If You are subsequently found to have not violated Greenest Host's policies, other's rights, or any law, Greenest Host, at its sole discretion, may reinstate Your account upon receipt of proof of the applicable findings.

Procedure for notifying Greenest Host of copyright infringement claims
In accordance with the Digital Millennium Copyright Act ("DMCA"), copyright owners, or persons authorized to act on behalf of owners who believe specific Public Content may infringe any exclusive right(s) of the copyright owner should notify Greenest Host's designated agent in the following manner:

Notices Must Be in Writing: Greenest Host must obtain all required information in writing in the form of a 'Notice of Copyright Infringement' ("Notice"). Telephonic, verbal or other non-written communications are insufficient under Greenest Host's policies and do not meet the requirements of the DMCA.

Content of Notice: Notice to Greenest Host must include the following information:

1. Identification of the copyrighted work that You claim has been infringed, or, if multiple copyrighted works are covered in the Notice, a representative list of the copyrighted works that You claim have been infringed using Greenest Host's services;

2. Identification of Public Content, material or activity that You claim is infringing, that is to be removed or access to which is to be disabled. Such identification must contain information sufficient to permit Greenest Host to locate that Public Content;

3. Your street and mailing address, telephone number and, if available, Your electronic mail address;

4. A statement by You that You have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use);

5. A statement by You, made under penalty of perjury, that all the information in Your Notice is accurate and that You are the copyright owner, or authorized to act on behalf of an owner of any exclusive right that is allegedly infringed by the materials referenced in Your Notice.

Notices Must be Signed: The written notice must be signed by the physical or electronic signature of the copyright owner or of a person authorized to act on behalf of an owner of any exclusive right(s) that are allegedly infringed by the materials referenced in the Notice.

Delivery to Designated Agent: The Notice must be addressed and delivered via U.S. Mail, Express Mail, or Courier to Greenest Host's Designated Copyright Agent, as follows:

Legal Notice
Greenest Host
2535 Kettner Blvd. Suite 3A3,
San Diego, CA 92101
(888) 350-4733

If You suspect specific Public Content may constitute copyright infringement, but are not the copyright owner or authorized to act on behalf of an owner of any exclusive right(s) that You believe may be infringed, please notify Greenest Host at . If You are not the copyright owner or the owner's representative, Greenest Host may not be able to remove the Public Content. Greenest Host will attempt to investigate each report and forward each notice to the appropriate copyright owner, if identified.

Effective Date: 7/4/2007