Appellate Division of the Supreme Court of New York, First Department.
Plaintiff entered into a contract for defendant to provide, among other services, web hosting services for his Web site. Defendant's services agreement provided that plaintiff would make periodic payments, and noted that service could be interrupted in the event of late payment. The agreement incorporated by reference an acceptable use policy (AUP) and provided that any breach of that policy would be grounds for suspension or termination of plaintiff's account. Under the...
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