Operating Policy

1. General

A. This Operating Policy ("Operating Policy or OP") sets forth how OTR Web Systems Inc. (OTR HOST) will operate the OTR HOST brand interactive service and how authorized subscribers may use OTR HOST. This OP also explains many practical aspects of using OTR HOST. Please read this document carefully and refer to it as often as necessary. You should also read and refer to the Web Server Service Terms and Conditions Agreement (the "TAC"). This document, and the TAC (which were available when you first signed on to the OTR HOST), are all of the applicable OTR HOST rules ("OTR HOST Rules"), and comprise the entire agreement between you and OTR HOST with respect to OTR HOST. You can view the TAC or this OP on OTR HOST at any time. Unless the context requires otherwise, terms used in the OP have the meanings given in the TAC.

B. We believe that our OTR HOST Rules will enhance OTR HOST efforts to make OTR HOST informative, entertaining and enjoyable for everyone. We have tried to explain clearly our OTR HOST Rules, but if any aspects of the OTR HOST Rules are unclear, we welcome your comments. We hope that our OTR HOST Rules will foster an online community where there is both free exchange of ideas and information, and respect for individual and community rights.

2. Using OTR HOST

A. Your OTR HOST Account.

(I) YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO REGISTER FOR OTR HOST AND OBTAIN A Subscriber's MASTER ACCOUNT; HOWEVER, A PARENT OR LEGAL GUARDIAN MAY AUTHORIZE A MINOR TO USE HIS/HER MASTER ACCOUNT(S) UNDER ADULT SUPERVISION. In cases where you have authorized another individual, including a minor, to use your account, you recognize that you are fully responsible for the online conduct of such user, and for controlling the user's access to and use of OTR HOST, and for the consequences of any misuse, and that the holder of the Subscriber's Master Account(s) is entirely responsible for activities conducted through those accounts (see Section 2 of the TAC).
(II) You are responsible for maintaining the confidentiality of your password and are liable for any harm resulting from disclosing or allowing disclosure of any password or from use by any person of your password to gain access to the Subscriber's Master Account(s) or any Sub-Accounts. Therefore, for security purposes, we recommend that you change your password often. (You can do this by entering the "Change Your Information" section in the Customers Only area.) At no time should a Subscriber ever respond to an online request for a password. Employees or representatives of OTR HOST will never ask for a Subscriber's password online. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR MASTER ACCOUNT AND/OR SUB-ACCOUNTS, INCLUDING ANY UNAUTHORIZED CHARGES TO THOSE ACCOUNTS.
(III) Current rates for using OTR HOST services may be obtained by e-mailing OTR HOST Customer Service. Such rates are expressed net of, and Subscriber shall pay in addition to them, all sales, use, value-added, personal property or other governmental tax or levy imposed on the goods or services billed to his/her Master Account(s), other than taxes based on net income or profits of OTR HOST. If the payment method for your Subscription is by credit card and payment is not received by OTR HOST from the card issuer or its agents, you agree to pay all amounts due upon demand by OTR HOST. Your card issuer’s agreement governs your use of your designated card in connection with OTR HOST, and you must refer to such agreement and not this Agreement with respect to your rights and liabilities as a cardholder. You agree that OTR HOST may, at its option, accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle for EFT from your checking account or credit card as applicable, meaning that accumulated charges may appear on the statement you receive from your bank or card issuer. Further, you agree that OTR HOST may delay obtaining authorization from your card issuer until submission of the accumulated charges. If OTR HOST does not receive the full amount of your OTR HOST account balance within thirty (30) days of the invoice date, an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge will be added to your bill and shall immediately become due and payable. Subscriber shall also be liable for all attorney and collection fees arising from OTR HOST efforts to collect any unpaid balance of your Master Account(s). Unless you notify OTR HOST of any discrepancies within 90 days after they first appear on your account statement, they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your card issuer. You release OTR HOST from all liabilities and claim of loss resulting from any OP or discrepancy that is not reported to OTR HOST within 90 days of its publication.

B. Online Conduct.
(a) Any conduct by you that in OTR Host’s discretion restricts or inhibits any other Subscriber from using or enjoying OTR HOST will not be permitted and may result in termination of Subscription. You agree to use OTR HOST only for lawful purposes. You may not use OTR HOST to:
(1) harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another Subscriber or user of OTR HOST or other person or entity, (2) post or transmit sexually explicit images or other content which is deemed by OTR HOST to be offensive, (3) transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable Content, (4) impersonate any person, including but not limited to, an OTR HOST official, forum leader, guide or host, or communicate under a false name or a name that you are not entitled or authorized to use, (5) post or transmit chain letters or pyramid schemes, (6) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other Subscribers, individuals or entities, except in those areas (e.g., the classified areas) that are designated for such a purpose, (7) violate any operating rule, policy or guideline of any other interactive service, including but not limited to the operating policies of the International Areas, or (9) intentionally or unintentionally violate any applicable local, state, provincial, national or international law, including but not limited to any regulations having the force of law.

(I) Offensive Communication. OTR HOST is a community-oriented service composed of many different communities of people. Our goal is to provide an interesting, stimulating and fun place for all Subscribers. Using vulgar, abusive or hateful language undermines this goal and is not allowed. Please use your best judgment and be respectful of other Subscribers. Remember, there may be children online. If you use vulgar, or abusive language online, even if masked by symbols or other characters, you may, in some cases be terminated immediately. A warning indicates that your language is not in compliance with the TAC or GPO. Should you receive such a warning, take the time to read the OTR HOST Rules again, comprising the TAC and these GPO which you will find posted in the Subscriber Services area.
(II) Harassment. When a Subscriber targets another individual or entity to cause distress, embarrassment, unwanted attention, or other discomfort, this is harassment. OTR HOST does not condone harassment in any form and may suspend or terminate the accounts of any Subscriber who harasses others. You may have a disagreement with someone's point of view - we encourage lively discussion in our chat rooms and message boards but personal attacks, or attacks based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation, are prohibited. If you have a disagreement with someone's point of view, address the subject, not the person.
(III) Graphic Files. OTR HOST specifically prohibits the transfer or posting on OTR HOST of sexually explicit images or other content deemed offensive by OTR HOST.
(IV) Impersonation. This can involve the portrayal of another person or entity, such as the impersonation of OTR HOST staff, authorized Guide or Host, or communication under a false name or a name that you are not authorized to use. Subscribers must avoid the portrayal of OTR HOST personnel or others persons in all forms of online communication, including, but not limited to, screen names, Subscriber profiles, chat dialogue and message postings.
(V) Room Disruption. This includes purposefully interfering with the normal flow of dialogue in a chat room. Room disruption may occur by repeatedly interrupting conversation between Subscribers, or by acting in such a way as to antagonize, harass or create hostility in a chat room or bulletin board.
(VI) Chain Letters and Pyramid Schemes. Transmission of chain letters and pyramid schemes of any kind is not allowed on OTR HOST. This material places an unnecessary load on our electronic mail ("e-mail") system and is considered a nuisance by many Subscribers. Certain chain letters and pyramid schemes are illegal. Letters or messages that offer a product or service based on the structure of a chain letter are also of questionable legality. At minimum, they are a waste of resources and are not permitted on OTR HOST.
(VII) Advertising, Solicitation and Name Harvesting. We are proud to have a strict "anti-spamming" policy. It is a definite violation of OTR HOST policy and is cause for immediate termination. You may not use OTR HOST to send unsolicited advertising, promotional material, or other forms of solicitation to any other OTR HOST Subscribers except in those specified areas that are designated for such a purpose (e.g., the classified area) unless you receive the express permission of the Subscriber. You may not use OTR HOST to collect or "harvest" screen names of other Subscribers without the express prior permission of the Subscriber. OTR HOST reserves the right to block or filter mass e-mail solicitations on or through OTR HOST. In addition, you a) may not use your OTR HOST POP account to send such solicitations b) may not use your domain name or IP address, any sites (names, URL's or IP addresses) belonging to OTR HOST, or the OTR HOST name in any postings or e-mail solicitations you choose to participate in anywhere on the Internet. The use of "ghost sites" (web pages setup on ISPs that allow spamming, that directly or indirectly reference customers to domains or IP addresses hosted by OTR HOST) in mass e-mailings are also prohibited. OTR HOST customers may not participate in advertising or promoting bulk e-mail software or services of any kind. Customer / Account Executive accounts associated with spamming in any way may, at OTR HOST's discretion, be terminated as per termination clause above.

C. Content.
You recognize that communication over OTR HOST often occurs in real-time, or is posted on one of the OTR HOST message boards or libraries, and OTR HOST cannot, and does not intend to, screen communication in advance. Moreover, because OTR HOST encourages open and candid communication, it cannot determine in advance the accuracy, or conformance to the OTR HOST Rules, of Content transmitted on OTR HOST. OTR HOST is not responsible for screening, policing, editing, or monitoring such Content. If notified of Content which is alleged not to conform to the OTR HOST Rules, OTR HOST may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Content from OTR HOST OTR HOST shall have no liability or responsibility to you in respect of its performance or non-performance by OTR HOST of such activities, as long as it has acted in good faith.
All Content is protected by copyright pursuant to Canadian, U.S., international conventions, and other copyright laws as a collective work and/or compilation, and OTR HOST owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided below), create derivative works from, distribute, perform, display or in any way exploit, any of the Content, in whole or in part; provided that if no specific restrictions are applied directly or indirectly in relation to a particular item of Content, you may make a reasonable number of copies of such item, including copyright material, provided that the copies are made and used only for your personal use and that you ensure that any notices contained in the Content such as all copyright, trademark, and other proprietary rights notices are reproduced in an unmodified form in all such copies.
You may upload to OTR HOST software files and message boards or otherwise transmit on or through OTR HOST only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Domain Content"), or Content in respect of which the holder of any copyright, trademark or other proprietary rights ("Rights") has given express authorization for distribution on OTR HOST without any restriction whatsoever, and in respect of which any moral rights of any person or entity have been completely and irrevocably waived. Any copyright Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of the owner]; Used by Permission." The unauthorized submission of copyright or Content which is otherwise subject of any third party Rights constitutes a breach of the OTR HOST Rules and may also render you liable to the holder of such Rights. As the Subscriber, it is you and not OTR HOST or its affiliates or independent contractors who are exclusively responsible for any liability resulting from infringement of Rights arising from such submission or transmission.
By submitting Content to any "Public Area" (Public Area(s) are those areas of OTR HOST that are generally accessible to other Subscribers, such as public chat rooms, message boards, and file uploads) you are deemed automatically to grant and/or warrant that the holder of any Rights or Moral Rights in such Content has completely and effectively waived all such "moral rights" and expressly, validly and irrevocably granted to you the right to grant OTR HOST the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any Rights that may exist in such Content. You also permit any Subscriber to access, view, store and reproduce the Content for personal use. Subject to the foregoing, the owner of Content placed on OTR HOST retains any and all rights which may exist in such Content.
The export control laws of Canada, the United States and other jurisdictions regulate the export and re-export of certain technology. This includes the electronic transmission of certain information and software to particular foreign countries and foreign nationals. You agree to abide by these laws including but not limited to the United States Export Administration Act, Arms Export Control Act and their implementing regulations and not to transfer, by electronic transmission or otherwise, any Content derived from OTR HOST which is governed by or regulated under such laws to a national or a destination prohibited or restricted under such laws without first obtaining any required governmental authorization if your website is USA based. You further agree not to upload to OTR HOST any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of the Agreement.
Backups. Weekly backups are made by OTR HOST on backup hard drives. The weekly backup process starts from 2:00 a.m. - 7:00 a.m. EST every Friday. Anonymous FTP and mail files are not backed up by OTR HOST. Each user is strongly encouraged to keep a current local copy of his/her site in the event of unrecoverable data. OTR HOST is not responsible for files that cannot be recovered due to corrupt data, fires, or any other disaster.

D. Internet Access and Conduct.
The Internet is not owned, or operated by, or in any way affiliated with, OTR HOST or any of its affiliates; it is a separate, independent network of computers and is not part of OTR HOST. Your use of the Internet is solely at your own risk. When using the Internet and all of its components, Subscribers must conduct themselves responsibly according to the Internet's own particular code of conduct. Participating successfully on the Internet is really a matter of common sense. Although OTR HOST does not control the Internet, your conduct on the Internet when using your OTR HOST account is subject to the OTR HOST Rules. Because OTR HOST wants to be a good Internet citizen, it prohibits Subscribers from engaging in certain conduct on the Internet through or by means of OTR HOST including the following:
(I) Chain Letters. Chain letters are prohibited on OTR HOST and are inappropriate on the Internet. Posting a chain letter to Internet newsgroups (or via e-mail on the Internet) may result in your OTR HOST account being terminated.
(II) Other Inappropriate Posts. Each Bulletin Board on the Internet focuses on a particular set of topics and posts not related to these topics are not welcomed by the participants. We suggest that all Subscribers become familiar with the guidelines, themes, and culture of the specific newsgroups and mailing list in which they wish to participate. Posting or distributing patently inappropriate material on the Internet (i.e. spamming or mail bombing) will result in suspension or termination of your OTR HOST Master Account and Sub-Accounts.
(III) Copyright and Proprietary Materials. Transmitting to the Internet copyright or other material of any kind which is subject to the Rights of any person or entity without the express permission of the Rights holder is prohibited and will result in termination of your Subscription and possible civil and/or criminal liability.
(IV) OTR HOST reserves the right to suspend or terminate at its discretion Subscribers' OTR HOST Master Accounts and Sub-Accounts or to require the removal of links or other content on or through Subscribers' homepages or personal Internet sites if providing such content or links causes undue strain on any OTR HOST server either through excessive hits or by excessive bandwidth.
You understand that except for Content, products or services expressly available at OTR HOST Web site, neither OTR HOST, nor any of its affiliates or telecommunications providers, controls, provides, operates or is responsible for any Content, goods or services available on the Internet. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of OTR HOST or controlled by OTR HOST OTR HOST neither endorses nor is responsible for the accuracy or reliability of such Content, goods or services. OTR HOST does not guarantee the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on the Internet, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither OTR HOST nor its affiliates or telecommunications providers shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on the Internet or your inability to access the Internet or any site on the Internet. The foregoing provisions of this paragraph shall apply with equal force even where OTR HOST features or displays a link with any particular Web site.
You should be aware that the Internet contains Content, goods and services that you may find obscene, improper, hurtful or otherwise offensive and that may not be suitable for certain Subscribers or for minors who are accessing the Internet through a Sub-Account or Master Account of yours. OTR HOST does not have the capability or right to monitor, or review, or restrict any Content, goods or services made available by third parties on the Internet, nor to edit or remove any such questionable Content after posting on the Internet. In addition, you should be aware that the Internet provides access to users who are not part of OTR HOST and whose conduct and communication may also be found to be harmful or offensive to Subscribers or which would otherwise breach the OTR HOST Rules if they were subject to it. Since such users are not Subscribers of OTR HOST, OTR HOST does not have the right or capability to restrict or review their conduct or communication. Accordingly, OTR HOST and its affiliates specifically disclaim any responsibility for (and under no circumstances be liable for) any conduct, Content, goods and services available on or through the Internet (including without limitation any part of the Web).
You should be aware that much of the Content available on the Internet is protected by copyright, trademarks, trade secrets and other Rights of the independent third parties or their licensers who make such Content available on the Internet. Subscribers' use of such Content will be subject to the specific restrictions placed on such Content by the owners or licensers of the Rights in such Content and all applicable laws and regulations.

3. Public Communication

OTR HOST offers Subscribers the capability to communicate in Public Areas generally accessible to other Subscribers or to communicate privately with another Subscriber. Public Areas are those features that are generally accessible to other Subscribers, such as, but not limited to, chat rooms, online forums, and message boards. OTR HOST will maintain OTR HOST Public Areas as an open forum for discussion of a wide range of issues and expression of diverse viewpoints. OTR HOST will administer standards of online conduct according to the OTR HOST Rules for the enjoyment of all its Subscribers. While OTR HOST will endeavour to monitor the Public Areas to ensure that online standards are being maintained, OTR HOST has neither the practical capability, nor does it intend, to act in the role of "Big Brother" by screening public communication in advance.
OTR HOST reserves the right to prohibit conduct, communication, or Content on OTR HOST which it deems in its discretion to be harmful to any Subscriber, the communities which comprise OTR HOST, OTR HOST and third-parties' rights, or to violate applicable law. Notwithstanding the foregoing, neither OTR HOST nor its ISP’s have the practical ability to restrict conduct, communication or Content which might violate the OTR HOST Rules prior to transmission on OTR HOST, nor can they ensure prompt editing or removal of actually or potentially violating Content after online posting. Accordingly, you acknowledge that neither OTR HOST shall assume or have any liability for any action or inaction by OTR HOST with respect to conduct, communication or Content on OTR HOST.

4. Customer Service Communication

Please refer to Section 6D for OTR HOST policy on monitoring or disclosing private communication. In order to ensure quality customer service, OTR HOST may monitor Subscriber communication with OTR HOST customer service employees, including OTR HOST Sales and Service, Tech Support and Community Action personnel.

5. Privacy Policy A. General
Because protecting your privacy is very important to OTR HOST, we have adopted the following policies to safeguard your personal information and are committed to protecting its confidentiality. We will limit the collection and use of personal information or "Individual Information" (as defined below) to what is necessary to administer our business, provide you with the highest quality service, and offer you opportunities we think will be of interest. We will NOT disclose any Individual Information except in limited circumstances as specifically provided below.
Individual Information means any information, data or records which relate to your OTR HOST Subscription or use of OTR HOST and identifies you or your individual Subscriber account. There are three types of Individual Information: (1) "Subscriber Identity and Billing Information," such as your name, street address, telephone number and billing information, and any screen names associated with your account; (2) "Navigational and Transactional Information," such as information about where you go or what you buy through OTR HOST; and (3) "Private Communications Content," such as the contents of e-mail, or private chat room or instant message communications.
E. Collection and Storage.
(I) Subscriber Identity and Billing Information. We maintain the following types of Subscriber Identity and Billing Information: your name, street address, telephone numbers, length of Subscription, and payment information. We may also keep information on your communications with our Customer Service or Tech Support, and general account history, such as accumulated usage time, or written complaints relating to your account.
(II) Navigational and Transactional Information. We may collect and store certain Navigational and Transactional Information, such as data on the choices you make among the range of available services or merchandise and the times and ways you use OTR HOST
(III) Private Communications Content. The OTR HOST computer system does not record or retain any chat room communications, instant message communications, or records of with whom you communicate in chat rooms or instant messages.
The OTR HOST e-mail system retains the contents of private e-mail communications for a limited period only. Once read, e-mail is permanently deleted from the system. E-mail that is sent, but not read, is permanently deleted from the system after about thirty days. (Consequently, if you wish to keep copies of any communications, you should store such communications on your personal computer hard drive or in print form.)
F. Use.
OTR HOST safeguards its Subscribers' Individual Information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to Subscribers' Individual Information. Employees who violate OTR HOST privacy policies are subject to disciplinary actions, including termination where appropriate.
You acknowledge that private communications directed at a person or entity, including OTR HOST, may be used or disclosed by the intended recipient(s) without restrictions relating to privacy or confidentiality.
G. Disclosure.
Because OTR HOST considers the Individual Information we maintain to be confidential, our policy is to not disclose Individual Information to third parties without prior consent (which may be oral or electronic), or unless specifically provided below. OTR HOST reserves the right to use agents, who are bound by strict confidentiality guidelines, to perform storage and processing functions.
It is our policy not to disclose to third parties Subscriber Identity information that links a Subscriber's screen name(s) with a Subscriber's actual name, unless required to do so by law or legal process served on OTR HOST (e.g., subpoena). OTR HOST reserves the right to make exceptions to this policy in exceptional circumstances (such as a bomb or suicide threat, or instances of suspected illegal activity) on a case-by-case basis and at OTR HOST sole discretion.
(I) OTR HOST intends to abide by applicable laws governing the disclosure to governmental entities of Subscribers' Individual Information and other records. When responding to legal process served on OTR HOST by non-government entities, unless otherwise ordered, OTR HOST current policy is to make reasonable efforts to notify affected Subscriber(s) in advance of releasing the information in order to provide Subscriber(s) an opportunity to pursue any available legal protection.
(II) Navigational and Transactional Information. OTR HOST will not disclose to third parties Navigational or Transactional Information (e.g. where you go or what you buy on or through OTR HOST), except to comply with applicable law or valid legal process (e.g., search warrant or court order).
(III) Private Communications Content. OTR HOST does not access or disclose the contents of private communications (e.g., e-mail, instant messages, Subscriber-created private rooms), unless it in good faith believes that such action is necessary (a) to comply with applicable law or valid legal process (e.g., search warrant or court order), (b) to protect the rights or property of OTR HOST, or (c) in emergencies when OTR HOST believes that physical safety is at risk. OTR HOST reserves the right to treat as public, any private chat room whose directory or room name is published or becomes generally known or available.
H. Legal Notices
Thank you for reading the OTR HOST TAC and for referring to it for any updates. We believe that your familiarity with these Rules will greatly enhance your experience on the OTR HOST service and will make OTR HOST an informative, entertaining, and fun place for all our Subscribers. We have tried to explain clearly our terms, but if any aspect remains unclear, please do not hesitate to contact us. Our aim is for OTR HOST TAC to foster an online community where there is both free exchange of ideas and information, and respect for individual and community rights. We hope you will enjoy your time with OTR HOST as much as we do!