Effective Date: 1-26-25
North Georgia Web LLC, operating under the trade names (“North Florida Web, North Georgia Web, SiteEngine” “we,” “us,” or “our”) is committed to fostering transparency, legal compliance, and clear communication regarding our role as an online service provider. This policy outlines our position on legal matters, including libel and defamation, dispute resolution mechanisms, and applicable jurisdiction. By using any of our services, you agree to abide by these terms.
1. Overview of Legal Responsibilities
1.1 Hosting and Content Responsibility
As a web hosting provider, North Georgia Web offers services to enable customers to create and maintain their websites. However, we do not assert editorial control over, monitor, or endorse the content hosted on these websites. The content published by our customers is solely their responsibility.
We may host websites that some individuals or entities find objectionable, but such hosting does not imply endorsement or involvement in the creation of such content.
2. Libel and Defamation
2.1 Definition of Libel
Libel, a form of defamation, refers to written communication containing false claims that may harm an individual, company, or entity.
2.2 Customer Responsibility
- Truth as a Defense: Customers are encouraged to ensure the truthfulness of all published statements. Opinions should be clearly labeled as such, and verifiable evidence should support factual claims.
- Legal Consultation: If you have concerns about the legal implications of your content, consult with a qualified attorney.
2.3 Handling Complaints
- Concerns About Hosted Content: Complaints regarding potentially defamatory content hosted on North Georgia Web’s servers must be directed to the content creator.
- North Georgia Web’s Role: Under the Communications Decency Act of 1996, North Georgia Web is not liable for the content published by its customers. Section 230 of the Act states:“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”
- Legal Precedent: Federal and state courts have upheld this immunity in cases such as Blumenthal v. Drudge and Zeran v. America Online, Inc.
2.4 Reporting Defamation
To address issues related to defamatory content, individuals must directly contact the content creator. North Georgia Web does not mediate disputes between third parties and our customers.
3. Arbitration and Dispute Resolution
3.1 Arbitration Agreement
By using our services, you agree to resolve any disputes or claims arising out of or relating to this agreement through binding arbitration. Arbitration will be conducted under the rules of the American Arbitration Association (AAA).
- Location: Arbitration will take place in Destin, Florida.
- Governing Law: Arbitration will be governed by the substantive laws of the State of Florida, excluding its choice-of-law rules.
- Cost Allocation: Each party is responsible for its own legal fees and costs unless otherwise required by the arbitrator.
3.2 Exceptions to Arbitration
- Claims related to intellectual property infringement or misuse of services may be brought before a court of competent jurisdiction in Destin, Florida.
- Small claims disputes that qualify for resolution in a small claims court may bypass arbitration.
3.3 Waiver of Class Actions
You agree to bring any dispute individually and waive the right to participate in any class action or representative proceeding.
4. Jurisdiction and Venue
- Governing Law: This agreement shall be governed by the laws of the State of Florida, without regard to its conflict of laws principles.
- Jurisdiction: All disputes arising from this agreement shall be subject to the exclusive jurisdiction of the state or federal courts located in Destin, Florida.
- Severability: If any provision of this policy is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
5. Persistent Processes and Content Monitoring
5.1 Prohibited Use
Persistent processes, as defined in our Acceptable Use Policy, are prohibited on shared servers to ensure the integrity of our services. North Georgia Web reserves the right to terminate such processes without prior notice.
5.2 Monitoring Limitations
North Georgia Web does not actively monitor or censor customer content. Complaints regarding unlawful or harmful content will be addressed according to applicable laws.
6. Changes to Legal Policies
North Georgia Web reserves the right to amend this policy at any time. Changes will be posted on our website, and continued use of our services constitutes acceptance of the updated terms.
7. Contact Information
If you have questions or concerns regarding this policy, please contact:
- Email: legal@northgeorgiaweb.net
- Mailing Address:
North Georgia Web
3857 Indian Trail
Destin, Fla 32541