Terms of Service and Acceptable Use Policy
Access to the Service
Your access to the Service is completely at the discretion
of ACS Technology, 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
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
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.