(effective September 1st., 2007)
The purpose of this policy is to set forth an Acceptable Use Policy ("AUP") by which Customer will abide while using, renting, leasing, or otherwise making use of Company goods and services. By using Company's Web Hosting and Email services, Customer agrees to comply with the following policies and assume responsibility for the compliance of all Customer's Users permitted by Customer to use Company products and services.
Terms and Conditions
As a service, the standard Acceptable Use Policy is provided below.
1. Right to Service.
a) Company's service will be provided on an "as is, as available" basis. Further, Company provides no warranty, written, expressed, or implied, for any Web Hosting and Email services provided, including, without limitation, warranty of the merchantability and warranty of fitness for a particular purpose. This expressly includes any reimbursement for losses of income due to disruption of service by Company or its providers beyond the fees paid to Company for services.
b) Customer and Customer's Users will use the Web Hosting and Email services in a manner consistent and compliant with any and all applicable laws of the State of New York and the U.S. Federal Government.
c) Use of any information obtained by way of Company is at User's own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Company makes no warranty, written, expressed or implied of any guaranteed uptime, or that the service will function at a reliable level based on past performance.
d) Company is not responsible for any damages arising from Customer's or Customer's Users' use of Company's Services or by any inability to use the Web Hosting and Email services for any reason.
e) Company shall make every reasonable effort to protect data stored on Customer's Server(s). Company is not responsible for Customer or Customer's Users' data, files, or directories residing on Company's equipment. Customer is solely responsible for maintaining data, files, and back-ups.
2. Limit of Liability.
Company shall not be liable for any content posted, opinions expressed, or actions taken by any of the Users of Company services. Any conduct that violates the laws, regulations, or the accepted norms of the Internet community or the community standards in which the User lives, whether expressly mentioned in this Agreement or not, is strictly prohibited. Company reserves the exclusive right to prohibit any activities that it deems will adversely affect its commercial reputation or goodwill, endanger its network, impact its Customers, or expose it to liability or tort.
3. Modification of Agreement.
Company reserves the right to add, modify, or delete any provision of this Agreement at any time and without notice. Company reserves the exclusive right and will be the sole arbiter as to what constitutes a violation of any of these provisions.
4. Misuse of System Resources.
It is a violation for anyone who, including but not limited to, employs posts or programs that consume excessive CPU time, server memory, or storage space; permits the use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for their own account; or resells access to CGI scripts installed on Company servers. Company reserves the right to immediately and without notice to the User, terminate any service or process that uses a disproportionate amount of any system resources.
5. Potentially Tortuous or Illegal Conduct.
The following shall be construed as violations of this Agreement and may result in suspension or deletion of a Customer's Users' account or in Termination of this Agreement.
a) Company products and services may only be used only for lawful purposes. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, or material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Non-acceptable content or links may include, but are not limited to: Pirated software, Hackers' programs or archives, Warez, Game Mods or Patches, Irc Bots, Chat Sites/Servers, Pornography and Adult Content, TGP, or any other file or media deemed by Company to be illegal or for which Customer or Customer's Users do not have the legal right to use, post, or otherwise store on Company servers.
b) No one shall post defamatory, scandalous, or private information about a person without their consent or with intention to inflict emotional distress, or post any information that violates any rightful trademarks, copyrights, or other intellectual property rights.
c) Sending unsolicited email messages ("Spam") from or through Company's servers, including, without limitation, commercial advertising or informational announcements, shall be prohibited. Company reserves the right to terminate this Agreement and any other accounts under Customer's account if Company determines that unsolicited mass email has occurred or if Company receives complaints that unsolicited email messages have been sent from Customer's account.
d) Posting to any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles with the intent to engage in commercial advertising or informational announcements.
e) Engaging in any of the foregoing activities using the service of another provider, but channeling such activities through a Company-provided server, or using a Company-provided server as a mail drop for responses.
f) Any unauthorized distribution or copying of copyrighted material, violations of U.S. export restrictions, harassment, fraud, dealing in contraband, and other illegal activities, or dealing in content and material that has been deemed illegal in the User's community, state, province, or municipality.
g) Falsifying any User information provided to Company or to other Users of the service in connection with the use of a Company service.
6. System and Network Security.
Violations of system or network security are strictly prohibited, and may result in criminal or civil liability. Examples include, but are not limited to: allowing unauthorized access, use, probe, or scan of any Company system, security, authentication measures, data or traffic; interference with service to any User, host or network, mail bombing, flooding, or attempts to overload a system or broadcast attacks. Customer's or Customer's Users shall not engage in forging of any TCP-IP packet header, email headers, or any other information provided or passed through Company Systems or Network at any time.
7. Domain Name Agreements, Restrictions, and Transfer Policies.
Under ICANN policy, Company is prohibited from allowing the transfer of domain name Registrars during the first sixty (60) days after initial registration of the domain name. This applies to ALL domain names, regardless of where they are purchased. Domain names cannot be transferred to or from Company's system within this period. Beginning on the sixty-first (61st) day after the initial registration, the procedures for transferring domain names can be completed without restriction. The full ICANN policy concerning domain name registration can be found at ICANN.ORG.
8. Domain Name Transfer Notifications.
Company does not guarantee that all domain name transfers or updates to DNS records, MX records, Aliasing Records, URL forwarding, domain name forwarding or other Registrar or DNS-related service or product will succeed.
9. DNS Information.
Company shall not be responsible for updating any of the DNS records or entries for transferred domain names. Customer shall have sole responsibility for ensuring that all relevant DNS entries for domain name(s) are correct. Fees paid for transferred domain names are not refundable if the transfer fails for any reason. This may include, but is not limited to: timeouts resulting from a delay in owner or registry approval, incorrect contact information in the WHOIS record, or attempted transfers of domains that are not transferable for any other reason.
10. Consequences of Violation.
If Company becomes aware of an alleged violation of any of the terms contained in this Agreement, or any other policy that has been posted on its web site, made available to Customer via email, or posted in any other form, Company shall initiate an investigation. During the investigation, Company may restrict Customer or Customer's Users' access to Company products and services in order to prevent further possible unauthorized activity. Company may, at its sole discretion, restrict, suspend, or terminate Customer's account without notice or refund, or pursue civil remedies as it deems necessary. Company shall notify the appropriate law enforcement department of any such violations. Company shall not be responsible for any payment, refunds, or compensation in any way for service disruptions or termination resulting from violations of this Agreement.