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1.0 Client
agrees to use Provider’s services only for lawful
purposes and in compliance with all applicable laws.
2.0
The following are unacceptable uses of Provider’s
services:
(a)
where Client uses Provider’s services and
resources to engage in or solicit illegal activities, or
to conduct any other activity that infringes the rights
of Provider or any other third party;
(b)
where the content includes any illegal content,
such as but not limited to the following material,
information, messages, data or images:
(i)
those which are libelous or defamatory,
(ii)
those which violate any privacy right,
(iii)
those which threaten physical harm or property
damage,
(iv)
those which are obscene, pornographic,
salacious, explicitly erotic or offensive; Provided,
that Provider has the sole discretion to determine
which material, information, messages, data or images
in Provider’s network are obscene, pornographic,
salacious, explicitly erotic or offensive,
(v)
those which violate applicable intellectual
property laws or regulations, including but not
limited to, the transmission of copyrighted material
or trade secrets unless possessing the appropriate and
necessary rights to do so, and the infringement of
patents and trademarks,
(vi)
those which violate any export, re-export or
import laws and regulations of any jurisdiction from
which Client’s web site is transmitted or accessed,
(vii)
hacker programs or archives, “warez”,
passwords or “cracks”, and
(viii)
internet relay chat servers (“IRCs”) IRC
bots;
(c)
where Client uses Provider’s services and
resources to make foul or profane expressions, or to
impersonate another person with fraudulent or malicious
intent, or to annoy, abuse, threaten, or harass that
person;
(d)
where Client uses Provider’s services and
resources to engage in practices which, if not outright
illegal, are nevertheless considered unethical, such as,
but not limited to:
(i)
distributing chain letters,
(ii)
“spamming”, or e-mailing copies of a single
message to many recipients,
(iii)
“mailbombing”, or sending large or multiple
files or messages to a single recipient with malicious
intent,
(iv)
“trolling” or posting outrageous messages
to generate numerous responses,
(v)
distributing “junk mail”, or unsolicited
mail of a business or commercial nature,
(vi)
cross-posting articles to an excessive number
of, or inappropriate, newsgroups,
(vii)
subscribing a person to a mailing list without
that person’s consent,
(viii)
posting information about a person without that
person’s consent, or
(ix)
engaging in or promoting “pyramid schemes”.
(e)
where Client uses Provider’s services and
resources in a manner that interferes with or threatens
to jeopardize Provider’s network or the use of the
Service by any of Provider’s other customers; and
(f)
where Client uses Provider’s services and
resources in an attempt to enter a secured computer
system or network.
3.0
Remedies. In cases of unacceptable use, the
following cumulative remedies are available to Provider:
(a)
Termination of Services. Provider reserves
the right, but not the responsibility, to refuse to
provide hosting services using Provider’s network
and/or to terminate this Agreement.
(b)
Regulatory Agencies. Provider reserves the
right, but not the duty, to report for appropriate
action any illegal activity to any government or
multilateral agency exercising regulatory functions.
Provider will cooperate with authorized investigation
and enforcement agents in the course of any
investigation of criminal activities.
(c)
Investigation. Provider reserves the
right, but not the responsibility, to review, edit, or
otherwise investigate or alter user-produced data stored
on or crossing Provider’s network in the process of
investigating system malfunction, resource abuse,
illegal activities, or breaches of this Agreement.
(d)
Temporary Removal. Upon any notice of
alleged copyright infringement by a Client, Provider
shall have the right, but not the responsibility, to
immediately remove the allegedly infringing content or
temporarily disable Client’s web site. Provider will
immediately notify Client if such action is taken. Provider may reinstate Client’s web site upon
Provider’s receipt of a counter notice, but may choose
not to reinstate repeat infringers’ accounts.
(e)
Cumulative Remedies. The remedies in this
section are cumulative to all other remedies available
to Provider under this Agreement
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