# Terms of Service
## **You Are Providence**
### http://www.youareprovidence.net
---
## 1. INTRODUCTION
Welcome to **You Are Providence** ("the Website," "the Site," "we," "us," or "our"). This Website is dedicated to **Donald Doner** and is owned, operated, and maintained by **Elaine Malinowski** under the corporation **Design By Enlightenment** ("the Company," "the Owner," "Site Owner").
By accessing, browsing, or using this Website in any way, you ("User," "you," "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms," "TOS," "Agreement"). If you do not agree to these Terms, you must immediately cease all use of and access to this Website.
---
## 2. INTELLECTUAL PROPERTY RIGHTS
### 2.1 Ownership
All content on this Website — including but not limited to text, images, photographs, graphics, videos, audio, music, design elements, layout, logos, branding, code, software, and all other materials (collectively, "Content") — is the exclusive property of **Elaine Malinowski** and **Design By Enlightenment**, unless otherwise explicitly stated.
### 2.2 Restrictions on Use
No User may, without the prior express written consent of the Site Owner:
- **Copy** any Content from this Website, in whole or in part
- **Reproduce, duplicate, or replicate** any portion of this Website
- **Download, save, or archive** any Content for personal or commercial use
- **Distribute, share, publish, or transmit** any Content to any third party
- **Modify, alter, adapt, or create derivative works** based on any Content
- **Sell, license, sublicense, lease, or commercially exploit** any Content
- **Display or publicly perform** any Content outside of this Website
- **Scrape, mine, crawl, or extract** data or Content from this Website using any automated or manual means
- **Frame, mirror, or embed** any portion of this Website on any other platform, website, or application
- **Use any Content for artificial intelligence (AI) training**, machine learning, or data modeling purposes
- **Claim ownership** of any Content found on this Website
- **Remove, obscure, or alter** any copyright notices, trademarks, or proprietary designations
### 2.3 Copyright Notice
© [Year] **Elaine Malinowski / Design By Enlightenment**. All rights reserved. Unauthorized use, reproduction, or distribution of any Content on this Website may result in civil and criminal penalties under applicable copyright laws.
---
## 3. PROHIBITED ACTIVITIES
By using this Website, you agree that you will **NOT** engage in any of the following activities. This list is **illustrative and not exhaustive** — any action that harms, disrupts, compromises, degrades, or negatively impacts the Website in **any way conceivable** is strictly prohibited.
### 3.1 Hacking and Unauthorized Access
- Attempting to gain unauthorized access to the Website, its servers, databases, networks, or any associated systems
- Bypassing, disabling, or circumventing any security features, authentication measures, access controls, or encryption protocols
- Using brute force attacks, password cracking, or any method to breach user accounts or administrative access
- Exploiting any vulnerability, bug, glitch, or weakness in the Website's code, infrastructure, or design
- Performing penetration testing, vulnerability scanning, or security assessments without explicit written authorization
- Accessing areas of the Website or its backend systems that are not intended for public access
- Using stolen credentials, impersonation, or social engineering to access the Website or its systems
### 3.2 Malware and Malicious Software
- Uploading, injecting, transmitting, or introducing any **viruses** to the Website or its servers
- Uploading, injecting, transmitting, or introducing any **malware** of any kind, including but not limited to:
- Trojans
- Worms
- Ransomware
- Spyware
- Adware
- Keyloggers
- Rootkits
- Logic bombs
- Time bombs
- Backdoors
- Botnets
- Cryptominers
- Browser hijackers
- Any other malicious code or software
- Embedding malicious scripts, code injections (SQL injection, XSS, CSRF, etc.), or any other exploit designed to compromise the Website
- Introducing any code, file, or program that is designed to interrupt, destroy, limit, or monitor the functionality of any computer software, hardware, or telecommunications equipment
### 3.3 Uploading and Unauthorized Content Submission
- Uploading any files, content, data, or materials to the Website without the express written permission of the Site Owner
- Submitting, posting, or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Uploading any content that infringes upon the intellectual property rights of the Site Owner or any third party
- Injecting unauthorized advertisements, spam, or promotional materials into the Website
### 3.4 Disruption and Damage
- Engaging in **Denial-of-Service (DoS)** or **Distributed Denial-of-Service (DDoS)** attacks against the Website
- Flooding the Website with excessive requests, traffic, or data to overload its servers
- Interfering with or disrupting the Website's servers, networks, or infrastructure
- Degrading, slowing, crashing, or otherwise impairing the Website's performance or availability
- Tampering with, corrupting, or deleting any Content, data, or files on the Website
- Defacing, vandalizing, or altering the appearance, functionality, or content of the Website
- Interfering with any other User's ability to access or enjoy the Website
- Taking any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure
- Manipulating, altering, or corrupting the Website's databases, files, or stored data
- Damaging the Website's reputation, brand, goodwill, or public perception through any means
- **Any other act, whether known or unknown, foreseeable or unforeseeable, that causes harm, damage, degradation, or negative impact of any kind to the Website, its Content, its infrastructure, its reputation, or its Owner**
### 3.5 Unauthorized Commercial Use and Profiting
- **No User may profit, financially benefit, or derive any commercial advantage from this Website or its Content** without the express written consent of the Site Owner
- Using the Website or its Content for any commercial purpose, including but not limited to:
- Selling or reselling Content
- Using Content in paid products or services
- Monetizing Content through advertising, affiliate marketing, or sponsorships
- Using Content to promote or market any business, product, or service
- Incorporating Content into any revenue-generating platform, product, or publication
- Competing with the Website using materials, Content, or information obtained from the Website
- Using the Website's name, branding, likeness, or Content to solicit donations, funding, or financial support without authorization
- Using the Website's traffic, audience, or reputation for personal or commercial gain
### 3.6 Data Harvesting and Privacy Violations
- Collecting, harvesting, or gathering any personally identifiable information from the Website or its Users
- Using any automated systems, bots, spiders, crawlers, or scrapers to access or collect data from the Website
- Tracking, monitoring, or surveilling the Website's Users or their activity
- Violating the privacy of any individual associated with the Website
### 3.7 Impersonation and Misrepresentation
- Impersonating the Site Owner, **Donald Doner**, **Elaine Malinowski**, **Design By Enlightenment**, or any representative of the Website
- Misrepresenting your affiliation with the Website
- Creating false or misleading impressions of endorsement by or association with the Website
- Using the Website's name or branding in a manner that suggests false authorization
---
## 4. NO UNAUTHORIZED UPLOADS
Users are **strictly prohibited** from uploading any files, documents, images, code, scripts, media, or any other materials to this Website without the **express prior written consent** of the Site Owner. This Website does not provide open upload functionality to the public, and any attempt to upload content by any means — whether through exploiting forms, vulnerabilities, APIs, or any other method — constitutes a violation of these Terms.
---
## 5. NO UNAUTHORIZED PROFIT
No individual, entity, organization, or party may **derive profit, revenue, income, or financial benefit of any kind** from this Website, its Content, its name, its branding, its likeness, or any materials associated with it without the **express prior written consent** of **Elaine Malinowski** and/or **Design By Enlightenment**.
This includes, but is not limited to, direct financial gain, indirect financial benefit, in-kind compensation, barter arrangements, exposure-based compensation, or any other form of value exchange.
---
## 6. RESERVATION OF RIGHTS
The Site Owner reserves the right to:
- Restrict, suspend, or terminate any User's access to the Website at any time, for any reason, without notice
- Pursue all available legal remedies against any individual or entity that violates these Terms
- Modify, update, or amend these Terms at any time without prior notice
- Monitor Website activity and investigate potential violations of these Terms
- Cooperate with law enforcement authorities in the investigation and prosecution of any illegal activity related to the Website
- Take any action deemed necessary to protect the Website, its Content, its infrastructure, and the rights of the Site Owner
---
## 7. ENFORCEMENT AND LEGAL REMEDIES
### 7.1 Violations
Any violation of these Terms may result in:
- **Immediate termination** of your access to the Website
- **Civil legal action**, including but not limited to claims for damages, injunctive relief, and recovery of attorney's fees and legal costs
- **Criminal referral** to appropriate law enforcement agencies for prosecution under applicable federal, state, and local laws, including but not limited to:
- The **Computer Fraud and Abuse Act (CFAA)** (18 U.S.C. § 1030)
- The **Digital Millennium Copyright Act (DMCA)** (17 U.S.C. § 512)
- Applicable **state computer crime statutes**
- Applicable **copyright and intellectual property laws**
- Any other relevant laws and regulations
### 7.2 Damages
Users who violate these Terms may be held liable for **all damages** resulting from their actions, including but not limited to:
- Direct damages
- Indirect damages
- Consequential damages
- Incidental damages
- Loss of revenue or profits
- Cost of repair and restoration
- Reputational harm
- Attorney's fees and legal costs
- Statutory damages as permitted by law
### 7.3 Injunctive Relief
The Site Owner shall be entitled to seek **immediate injunctive relief** to prevent any ongoing or threatened violation of these Terms, without the necessity of proving actual damages or posting a bond.
---
## 8. DISCLAIMER OF WARRANTIES
This Website is provided on an **"AS IS"** and **"AS AVAILABLE"** basis. The Site Owner makes no representations or warranties of any kind, express or implied, regarding the Website's operation, availability, accuracy, or completeness. To the fullest extent permitted by law, the Site Owner disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
---
## 9. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, **Elaine Malinowski**, **Design By Enlightenment**, and any affiliates, officers, directors, employees, agents, or representatives shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of or inability to use this Website.
---
## 10. INDEMNIFICATION
You agree to **indemnify, defend, and hold harmless** Elaine Malinowski, Design By Enlightenment, and their respective officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to:
- Your use of the Website
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your infringement of any intellectual property or other rights of any person or entity
---
## 11. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of **[Insert State/Jurisdiction]**, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the courts of **[Insert State/County/Jurisdiction]**, and you consent to the personal jurisdiction of such courts.
---
## 12. SEVERABILITY
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
---
## 13. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and the Site Owner regarding the use of this Website and supersede all prior agreements, understandings, and communications, whether written or oral.
---
## 14. CONTACT INFORMATION
For questions, concerns, or requests for permission regarding these Terms of Service, please contact:
**Elaine Malinowski**
**Design By Enlightenment**
📧 Email: [elainemalinowski1977@icloud.com]
📍 Address: [1624 Dixie Way Melbourne Fl 32935]
📞 Phone: [321-289-1156]
---
## 15. ACKNOWLEDGMENT
By accessing or using this Website, you acknowledge that:
- You have **read** these Terms of Service in their entirety
- You **understand** these Terms of Service
- You **agree to be bound** by these Terms of Service
- You understand that **violation of these Terms may result in legal action**
---
*© [2026] Elaine Malinowski / Design By Enlightenment. All rights reserved.*
*This Website is dedicated to Donald Doner.*
