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subscribing to, or utilizing, PrivilegeTech's web development, design,
multimedia, hosting or any other services, you agree to abide by this
Acceptable Use Policy.
Your utilization of PrvivilegeTech’s services constitutes your express
agreement to abide by this Acceptable Use Policy (the “Rules, as the same
may be changed from time-to-time by PrivilegeTech, at its sole and absolute
discretion. These Rules are designed to enhance the quality of our services
and to protect our customers, and the Internet community as a whole, from
illegal, irresponsible, or disruptive Internet activities. These Rules
apply to all customers of PrivilegeTech. We hope and expect that common
sense and good judgment will guide all of our customers' use of our Services.
The following non-exhaustive list details the kinds of illegal or harmful
conduct, which are prohibited. PrivilegeTech and its comPartners (third
party) reserves the right to restrict or prohibit any and all uses of
its services or content on your Web site and to remove such materials,
including your Web site, from its servers at any time. PrivilegeTech determines
in its sole discretion that such content or materials violates this Agreement,
is illegal, or is harmful to its servers, systems, network, reputation,
good will, other PrivilegeTech customers, or any third party. Only the
customer may add content to their paid PrivilegeTech site. PrivilegeTech
will not force content to appear on the customer's paid PrivilegeTech
Web site without giving 30 days written notice by e-mail or by snail mail.
Depending on the severity of the violation and the history of your account,
PrivilegeTech may take any reasonable disciplinary action it determines
in its sole and absolute discretion, including, but not limited to, one
or more of the foregoing or following actions: (a) issuance of a verbal
or written warning; (b) suspension of your account; (c) termination of
your account; (c) billing for administrative and legal costs and fees
and/or reactivation costs. All of the foregoing rights are cumulative,
and the exercise of any right at any time shall not preclude the exercise
of any other right, or the same right, at any other time for the same
violation or any subsequent violation
Illegal or Improper Activities. You may not use PrivilegeTech’s
services in any manner in violation of any state, local or federal law
of the Canada and United States of America, or any of its states or which
in any manner is in violation of any applicable local or national law
of any country. Such violations and activities include, but are not limited
to, violations of Canada, U.S. or other applicable foreign export laws
or restrictions posting or trafficking in government secrets, providing
any information to in any way assist or encourage any terrorist activities,
providing any information concerning nuclear or biological weapons or
other weapons of mass destruction, posting or trafficking in obscene material,
solicitation of a minor or others for illegal acts, dealing drugs, harassment,
fraud, stalking, abuse, or other subject matters that are prohibited under
applicable Canadian and USA federal, state, local or foreign law.
Dangerous Activities. You may not use PrivilegeTech’s services
to post or disseminate in any manner, any information or material which
may be dangerous, damaging or injurious to persons or property or which,
directly or indirectly, may be used to create danger, damage or injury
to persons or property.
Infringement. You may not use PrivilegeTech’s services or servers
in any manner which infringes the intellectual property rights or other
proprietary rights of any third party including, without limitation, material
protected by copyright, trademark, patent, trade secret, or other intellectual
property right used without proper authorization. Infringement may result
from, among other activities, the unauthorized copying and posting of
pictures, logos, software, articles, musical works, and videos.
Fraudulent Activities. You may not offer or disseminate fraudulent
goods, services, schemes, or promotions (i.e., make money fast schemes,
chain letters, pyramid schemes, ponzi schemes), or furnish false data
on any signup form, contract or online application or registration, or
fraudulently use any information obtained through the use of PrivilegeTech
services, including without limitation use of credit card numbers.
Offensive Subject Matter. You may not use PrivilegeTech’s services
or servers for transmitting, disseminating, sale, storage or hosting subject
matter that is unlawful, libelous, defamatory, obscene, pornographic,
indecent, lewd, filthy, excessively violent, harassing, threatening, hateful,
harmful, invasive of privacy or publicity rights, abusive, inflammatory
or otherwise objectionable. You may not use PrivilegeTech’s services to
conduct any sexually oriented business or disseminate pornographic pictures,
videos, banners, text or any similar material. You may not use PrivilegeTech’s
services to threaten bodily harm or destruction of property.
Harmful Activities. You may not use PrivilegeTech’s services or
servers for disseminating or hosting harmful content including, without
limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any
other computer programming routines that may damage, interfere with, surreptitiously
intercept or expropriate any system, program, data or personal information.
Tortuous Activities. You may not use PrivilegeTech’s services for
any tortuous conduct, including, but limited to, posting defamatory, libelous,
slanderous, scandalous, or private information about a person or company
without their consent; intentionally inflicting emotional distress; making
unlawful threats; stalking, interfering with any contract or prospective
economic relations; engaging in fraud or deception; engaging in sexual
or other harassment; or for violating any patents, trademarks, copyrights,
or other intellectual property rights.
Abusive Activities. You may not use PrivilegeTech’s services or
servers for any abusive activities on the Internet, including, but not
limited to, activities such as using a non-existent email return address,
spamming (sending unsolicited advertising to numerous email addresses
or newsgroups and/or generating a significantly higher volume of outgoing
email than a normal user), or allowing spamming by third parties to promote
a Web site, trolling (posting outrageous messages to generate numerous
responses), mail-bombing (sending multiple messages without significant
new content to the same user), subscribing someone else to a mailing list
without that person=s permission, cross-posting articles to an excessive
number o newsgroups, hacking ( unauthorized access to or use of data,
systems, server or networks, including any attempt to probe, scan or test
the vulnerability of a system or to breach the security thereof), spoofing
(any attempt to impersonate any person or otherwise deceive or mislead
through alteration of headers); deletion of author attributions, legal
notices, or proprietary designations in an effort to deceive or mislead;
forging or altering any TCP-IP packet header, email header or any part
of a message header, using manual or electronic means to avoid any use
limitations on you use of ProHosting’s servers such as timing out; sending
or disseminating harassing email or chain letters; or use of flames (hostile
attacks or invectives aimed at a group or an individual.
Misuse of System Resources. You may not engage in any uses or activities
that misuse PrivilegeTech’s services, servers or system resources, including,
but not limited to employing or posting programs which consume excessive
CPU time or storage space; permitting use of mail services, mail forwarding
capabilities, POP accounts, or autoresponders other than for your own
account.
Service Contracts:
Virtual Hosting Service
and other services is subject to the following terms and conditions:
1.The specific fees
and surcharges vary depending on the particular plan ordered. PrivilegeTech
may change and institute new fees and surcharges at any time upon thirty(30)
days prior notice via e-mail or snail mail. Either party may terminate
the service without cause or prior notice.
2.The client agrees
to comply with the Acceptable Use Policy set forth above and to refrain
from any of the unacceptable uses set forth therein. PrivilegeTech reserves
an absolute right to determine for itself what is abusive, pornographic,
offensive, or inappropriate and will terminate the service in the event
it deems any use to violate the said Policy.
3.The client agrees
that PrivilegeTech has the right and responsibility to fully cooperate
in any legal investigation regarding any aspect of services, including
services sold to the client.
4.The client agrees
to indemnify and hold PrivilegeTech harmless in connection with any controversy
or legal action arising from the client's use of service, including but
not limited to controversies over domain name selection and web site content.
5.PrivilegeTech does
not warrant that the eCommerce Software Solution (including any documentation)
will meet Client's requirements or that the operation of the Software
will be uninterrupted or error free.
THE ECOMMERCE SOFTWARE
AND OTHER SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
ARE SPECIFICALLY DISCLAIMED WITH RESPECT TO THE SOFTWARE. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE CLIENT AND
SHOULD THE SOFTWARE PROVE DEFECTIVE, CLIENT AND NOT PrivilegeTech ASSUMES
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION UNLESS
OTHERWISE AGREED. No oral or written information or advice given by PrivilegeTech,
its marketers, distributors, agents or employees shall create a warranty
or in any way increase the scope of Client's rights set forth herein,
and Client may not rely on any such information or advice.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL
PrivilegeTech BE LIABLE TO CLIENT FOR ANY CONSEQUENTIAL, INCIDENTAL OR
SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION,
LOSS OF DATA OR COST OF OBTAINING SUBSTITUTE GOODS ARISING OUT OF OR RELATING
TO THE SERVICES, SOFTWARE, OR THE USE OR INABILITY TO USE THE SOFTWARE,
EVEN IF PrivilegeTech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The foregoing limitations of liability shall apply notwithstanding any
failure of essential purpose of any limited remedy stated herein. Liability
to Client or any third party arising out of or related to this Agreement
however caused and arising under any theory of liability, whether based
in contract, tort (including negligence), or otherwise shall not exceed
in aggregate the Client Fees paid by Client for the Software. SOME STATES
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO Client.
6.Although PrivilegeTech
and its third parties backs up its systems regularly and works hard to
prevent technical problems, system failures, and service disruptions,
such occurrences are possible, particularly in connection with such things
as total power losses, natural calamities, destructive acts of hackers,
or band width charges on the Internet etc. System backup is therefore
not guaranteed and each client therefore agrees to maintain a backup copy
of his or her web site and any other important information and to store
the same on his or her own computer. The client further agrees that liability
for any failure to provide virtual hosting and other services regardless
of cause or duration shall be limited to a refund of the fees paid for
the month in which the failures occur. It is specifically agreed that
PrivilegeTech shall under no circumstances be liable for any lost profits
or other consequential damages.
7. The terms and conditions of this agreement shall be interpreted and enforced
pursuant to the laws of the Ontario, Canada.
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