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NETsposure On-line Terms of Service |
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The Terms of Service described in this document relate
solely to the provision of on-line services by NETsposure (NETsposure) to its customers. See Definitions for a
description of On-line Services.
ServiceNETsposure reserves the right to cancel any services/account
with out notice for reasons it sees as fit and just. NETsposure
also reserves the right to refuse service and/or access to
its services to anyone.
The following content is not allowed to be stored, linked
to, transmitted or distributed from any NETsposure service:
- Adult Material - Includes
all pornography, erotic images, or otherwise lewd or obscene content.
The designation of "adult material" is left entirely to the discretion of NETsposure.
- Illegal Material - This includes copyrighted works,
commercial audio, video, or music files, and any material in
violation of any lawful regulation.
WarezA term used by software pirates use to describe a cracked
game or application that is made available to the Internet,
usually via FTP or telnet, often the pirate will make use of
a site with lax security. This includes pirated software,
ROMS, emulators, phreaking (the cracking of the telephone
network so as, for example, to make free long-distance
calls), hacking, password cracking, IP spoofing, etc., and
encrypting of any of the above. Also includes any sites
which provide "links to" or "how to" information about such
material.
Software piracy is illegal and should be reported to the
Federation Against Software Theft (FAST).
Unsolicited Commerce Email (SPAM)
Spamming, the sending of unsolicited mass email from or
through a NETsposure server or using an email address that is
maintained on a NETsposure machine is prohibited. NETsposure will be
the sole arbiter as to what constitutes a violation of this
provision. Customers are also in violation of this provision
if they engage in spamming using the service of another ISP
or IPP, but reference in the spam a website hosted on a
NETsposure server, or if they sell or distribute software on
their website that facilitates spamming. Violators will be
assessed and will face immediate suspension without refund
from all NETsposure if not found to be complying with
this policy.
This clause covers sending any type of mass mailing to
anyone on the Internet that does not want it. Sending ANY
type of mass mailing even to people that have requested it
has a risk, This includes but is not limited to opt-in
mailing lists.
Please report any instances of spamming to detailing as much information as possible, clearly
identifying the source of the unsolicited email. This will
then be investigated, dealt with and replied to.
Distribution of Viruses
Intentional distributions of software that attempts to
and/or causes damage, harassment or annoyance to persons,
data, and/or computer systems are prohibited. Such an
offence will result in the immediate termination of the
offending account.
Indemnification
Customer agrees that it shall defend, indemnify, save and
hold NETsposure harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable legal fees
asserted against NETsposure, its agents, its customers, officers
and employees, that may arise or result from any service
provided or performed or agreed to be performed or any
product sold by customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless
NETsposure against liabilities arising out of; (1) any injury to
person or property caused by any products sold or otherwise
distributed in connection with NETsposure's on-line services;
(2) any material supplied by customer infringing or
allegedly infringing on the proprietary rights of a third
party; (3) copyright infringement and (4) any defective
products sold to customer from NETsposure's on-line services.
Security
Violations of system or network security are prohibited and
may result in criminal and civil liability. Examples include
but are not limited to the following: unauthorised access,
use, probing, or scanning of systems security or
authentication measures, data, or traffic; interference with
service to any user, host, or network including, without
limitation, mail bombing, flooding, deliberate attempts to
overload a system, broadcast attacks; forging of any TCP-IP
packet header or any part of the header information in an
email or a newsgroup posting.
Server Resources
Any website that uses a high amount of server resources
(such as, but not limited to, CPU time, memory usage, and
network resources) will be given the option to either pay
additional fees (which will depend on the resources
required), reduce the resources used to an acceptable level,
or upgrade its service to a Dedicated Server plan. NETsposure
shall be the sole arbiter of what is considered to be a high
server usage level. Any web hosting account deemed to be
adversely affecting server performance or network integrity
will be shut down without prior notice.
IRC
NETsposure does not allow IRC or IRC bots to be operated on our
servers.
Disclaimer
NETsposure will not be responsible for any damages your business
may suffer. NETsposure makes no warranties of any kind,
expressed or implied for on-line services we provide. NETsposure
disclaims any warranty or merchantability or fitness for a
particular purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by NETsposure and its employees or
from hardware/software failure. NETsposure reserves the right to
revise its policies at any time.
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