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Terms of Service and Acceptable Use Policy
Access to the Service
The Service is a free public service provided by . Your access to the
Service is completely at the discretion of , and your access to the
Service may be blocked, suspended, or terminated at any time for any reason
including, but not limited to, violation of this Agreement, actions that may
lead to liability for or its owners, disruption of access to other Users
or networks, and violation of applicable laws or regulations. may revise
this Agreement at any time. You must accept this Agreement each time you use
the Service and it is your responsibility to review it for any changes each
time.
Acceptable Use of the Service
supports the free flow of information and ideas over the Internet.
Your access to the Service is conditioned on legal and appropriate use of
the Service. Your use of the Service and any activities conducted online through
the Service shall not violate any applicable law or regulation or the rights
of , or any third party.
The use of the Service for the following activities is prohibited:
Spamming and Invasion of Privacy
Sending of unsolicited bulk and/or commercial messages over the Internet using
the Service or using the Service for activities that invade another's' privacy.
Intellectual Property Right Violations
Engaging in any activity that infringes or misappropriates the intellectual
property rights of others, including patents, copyrights, trademarks, service
marks, trade secrets, or any other proprietary right of any third party.
Obscene or Indecent Speech or Materials
Using 's to advertise, solicit, transmit, store, post, display, or otherwise
make available obscene or indecent images or other materials. will
notify and fully cooperate with law enforcement if it becomes aware of any
use of the Service in any connection with child pornography or the solicitation
of sex with minors.
Defamatory or Abusive Language
Using the Service to transmit, post, upload, or otherwise making available
defamatory, harassing, abusive, or threatening material or language that encourages
bodily harm, destruction of property or harasses another.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to
mask the originator of the message.
Hacking
Accessing illegally or without authorization computers, accounts, equipment
or networks belonging to another party, or attempting to penetrate security
measures of another system. This includes any activity that may be used as
a precursor to an attempted system penetration, including, but not limited
to, port scans, stealth scans, or other information gathering activity.
Distribution of Internet Viruses, Trojan Horses, or Other
Destructive Activities
Distributing information regarding the creation of and sending Internet viruses,
worms, Trojan Horses, pinging, flooding, mailbombing, or denial of service
attacks. Also, activities that disrupt the use of or interfere with the ability
of others to effectively use the Node or any connected network, system, service,
or equipment.
Facilitating a Violation of this Agreement of Use
Advertising, transmitting, or otherwise making available any software product,
product, or service that is designed to violate this Agreement, which includes
the facilitation of the means to spam, initiation of pinging, flooding, mailbombing,
denial of service attacks, and piracy of software.
Export Control Violations
The transfer of technology, software, or other materials in violation of applicable
export laws and regulations, including but not limited to the U.S. Export
Administration Regulations and Executive Orders.
Other Illegal Activities
Using the Service in violation of applicable law and regulation, including,
but not limited to, advertising, transmitting, or otherwise making available
ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating
software, or making fraudulent offers to sell or buy products, items, or services.
Resale
The sale, transfer, or rental of the Service to customers, clients or other
third parties, either directly or as part of a service or product created
for resale.
Notice of Violations of the AUP
requests that anyone who believes that there is a violation of the
AUP direct the information to:
Agent to Receive Notification of Copyright Infringement
Claims
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides
recourse for copyright owners who believe that material posted on Internet
sites infringes their rights under U.S. copyright law. If you believe in good
faith that items, information or other materials appearing on the Service
infringes your copyright, you (or your agent) may send ' Designated
Agent a notice requesting that the item, information or material be removed,
or access to it blocked. You can contact 's Designated Agent at:
Disclaimer
You acknowledge (i) that the Service may not be uninterrupted or error-free;
(ii) that viruses or other harmful applications may be available through the
Service; (iii) that does not guarantee the security of the Service
and that unauthorized third parties may access your computer or files or otherwise
monitor your connection; (iv) that 's and that its owners ability to
provide the Service without charge is based on the limited warranty, disclaimer
and limitation of liability specified in this Section and it would require
a substantial charge if any of these provisions were unenforceable. THE SERVICE
AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SERVICE
ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES
AND GUARANTEES WITH RESPECT TO THE CONTENT OR SERVICE AND THE OPERATION, CAPACITY,
SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICES, GOODS
OR PERSONNEL RESOURCES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING
BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY , OR OTHERWISE (INCLUDING,
BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN,
EXCLUDED AND DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
No Consequential Damages
UNDER NO CIRCUMSTANCES WILL , ITS owners, THEIR SUPPLIERS OR LICENSORS,
OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES
BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES
OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF
CUSTOMER, ITS APPOINTEES OR ITS OR THEIR CUSTOMERS (INCLUDING, BUT NOT LIMITED
TO, UNAUTHORIZED ACCESS, DAMAGE, OR THEFT OF YOUR SYSTEM OR DATA, CLAIMS FOR
LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICE,
STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, OR DAMAGE CAUSED TO
EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION), ARISING
OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT,
MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO
EVENT WILL THE AGGREGATE LIABILITY THAT OR ITS owners MAY INCUR IN ANY
ACTION OR PROCEEDING EXCEED $100. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS
SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE
LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE
LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.
Indemnity
You agree to indemnify and hold harmless , its owners, and its and their
suppliers and licensors, officers, directors, employees, agents and affiliates
from any claim, liability, loss, damage, cost, or expense (including without
limitation reasonable attorney's fees) arising out of or related to your use
of the Service, any materials downloaded or uploaded through the Service,
any actions taken by you in connection with your use of the Service, any violation
of any third party's rights or an violation of law or regulation, or any breach
of this agreement. This Section will not be construed to limit or exclude
any other claims or remedies that may assert under this Agreement or
by law.
Arbitration
You agree to submit any and all controversies or claims arising out of or
relating to this Agreement or the existence, validity, breach or termination
thereof, whether during or after its term, to an arbitrator. The
arbitrator may, at either party's request, grant injunctive relief. The arbitral
award will be the exclusive remedy of the parties for all claims, counterclaims,
issues or accountings presented or plead to the arbitrator. Judgment upon
the arbitral award may be entered in any court that has jurisdiction thereof.
Any additional costs, fees or expenses incurred in enforcing the arbitral
award will be charged against the party that resists its enforcement. Nothing
in this Section will prevent the parties from seeking interim injunctive relief
against one another.
Interpretation
This Agreement shall not be construed as creating a partnership, joint venture,
agency relationship or granting a franchise between the parties. Except as otherwise provided above, any waiver,
amendment or other modification of this Agreement will not be effective unless
in writing and signed by the party against whom enforcement is sought. If
any provision of this Agreement is held to be unenforceable, in whole or in
part, such holding will not affect the validity of the other provisions of
this Agreement. 's performance of this Agreement is subject to existing
laws and legal process, and nothing contained in this Agreement shall waive
or impede 's right to comply with law enforcement requests or requirements
relating to your use of this Service or information provided to or gathered
by with respect to such use. This Agreement constitutes the complete
and entire statement of all terms, conditions and representations of the agreement
between you and with respect to its subject matter and supersedes all
prior writings or understanding.