From
time to time CSS-Technologies.com may impose reasonable rules and regulations
regarding the use of its services. Such rules and regulations are
currently called Acceptable Use Policies (aups) and are posted on the
Internet at http://CSS-Technologies.comhttp://css-technologies.com/Network/info/aup.html
Servers
hosted within the CSS-Technologies.com network are open to the public. You are
solely responsible for your usage of the CSS-Technologies.com network and servers
and any statement you make on servers hosted within the CSS-Technologies.com
network may be deemed a "publication" of the information entered.
Acknowledging the foregoing, you specifically agree not to use our service
in any manner that is illegal or libelous.
Use of all CSS-Technologies.com
services and facilities is at your own risk. CSS-Technologies.com specifically
disclaims all warranties of merchantability and fitness for a particular
purpose. In no event shall CSS-Technologies.com be liable for any loss, or loss
of data, or other commercial damage, including but not limited to special,
incidental, consequential or other damages. You agree to protect and indemnify
CSS-Technologies.com against any and all liability, loss or expense arising from
claims of libel, unfair competition, unfair trademarks, trade names or
patents, violations of rights of privacy and infringement of copyrights
and property rights resulting from your use of CSS-Technologies.
CSS-Technologies.com reserves
the right to refuse service to anyone at any time. However, if CSS-Technologies.com
should deem it necessary to initiate termination of services with you,
CSS-Technologies.com specifically agrees to provide reasonable access to you
in order to allow you to download any files which may still reside on
the server being removed from the network. In no event shall CSS-Technologies
be liable for any loss, loss of data, or other commercial damage, including
but not limited to special, incidental, consequential or other damages
which result from this termination of services
This agreement is
effective upon activation of Customer's server on the CSS-Technologies.com
network and continues until terminated by either party. If this
agreement is terminated by either party, Customer is still responsible
for any charges on the Customer's account. Once notice of termination
is received by either party, no further changes shall be made to the Customer's
account beyond those incurred up to the date of termination. CSS-Technologies.com
can change this agreement at any. The Customer may not amend or change
this agreement unless CSS-Technologies.com agrees to it in writing.
Customer understands
and agrees that the City of San Antonio ,Texas and the County of Bexar
,Texas in which CSS-Technologies.com is located shall be the forum for any legal
action relating to CSS-Technologies.com's services. The aforementioned
terms and general information are not all inclusive and are subject to
change at the sole discretion of CSS-Technologies.com.
System And Network
Security
Violations of system or network security are prohibited, and may result in criminal and civil
liability. CSS-Technologies.com will investigate incidents involving such violations
and may involve and will cooperate with law enforcement if a criminal
violation is suspected. Examples of system or network security violations
include, without limitation, the following:
- Unauthorized access
to or use of data, systems or networks, including any attempt to probe,
scan or test the vulnerability of a system or network or to breach security
or authentication measures without express authorization of the owner
of the system or network.
- Unauthorized monitoring
of data or traffic on any network or system without express authorization
of the owner of the system or network.
- Interference with
service to any user, host or network including, without limitation,
mailbombing, flooding, deliberate attempts to overload a system and
broadcast attacks.
- Forging of any
TCP-IP packet header or any part of the header information in an email
or a newsgroup posting.
Violators of the
policy are responsible for the cost of labor to cleanup and correct
any damage done to the operation of the network and business operations
supported by the network, and to respond to complaints incurred by CSS-Technologies.com.
Such labor is categorized as emergency security breach recovery and
is currently charged at $195 (us) per hour required.
Password Protection
Customer is responsible
for protecting Customer's password and for any authorized or unauthorized
use made of Customer's password. Customer will not use or permit anyone
to use CSS-Technologies.com's service to guess passwords or to access other
systems or networks without authorization. CSS-Technologies.com will fully
cooperate with law enforcement authorities in the detection and prosecution
of illegal activity.
Internet Etiquette
Customer is expected
to be familiar with and to practice good Internet etiquette (Netiquette).
Customer will comply with the rules appropriate to any network to which
CSS-Technologies.com may provide access. Customer should not post, transmit,
or permit Internet access to information Customer desires to keep confidential.
Customer is not permitted to post any material that is illegal, libelous,
tortuous, or likely to result in retaliation against CSS-Technologies.com by
offended users. CSS-Technologies.com reserves the right to refuse or terminate
service at any time for violation of this section. This includes
advertising services or sites via IRC or USENET in clear violation of
the polices of the IRC channel or USENET group. Customer will indemnify
CSS-Technologies.com and hold CSS-Technologies.com harmless from any damage to CSS-Technologies.com's
business, service, equipment, network, operations, or reputation resulting
from Customer's actions, including but not limited to any government actions,
acts of vandalism or other retaliation, and any claims of libel, unfair
competition, infringement of any patent, copyright, trademark, service
mark, or other intellectual property right, violation of privacy, or other
tort.
Copyright Infringement - Software Piracy Policy
The CSS-Technologies.com network may only be used for lawful purposes. Transmission,
distribution, or storage of any information, data or material in violation
of United States or state regulation or law, or by the common law, is
prohibited. This includes, but is not limited to, material protected
by copyright, trademark, trade secret, or any other statute.
Making unauthorized copies of software is a violation of the law, no
matter how many copies you are making. If you copy, distribute or install
the software in ways that the license does not allow, you are violating
federal copyright law. If caught with pirated software, you or your
company may be liable under both civil and criminal law, and you may
be fined up to $250,000 and/or receive up to 5 years in jail.
CSS-Technologies.com will cooperate fully with any civil and/or criminal litigation
arising from the violation of this policy.
Network Responsibility
Customers have a
responsibility to use the CSS-Technologies.com network responsibly. This includes
respecting the other Customers of CSS-Technologies.com. CSS-Technologies.com reserves
the right to suspend and or cancel service with any Customer who uses
the CSS-Technologies.com network in such a way that adversely effects other
CSS-Technologies.com Customers. This includes but is not limited to:
- Attacking or attempting to
gain unauthorized access to servers and services that belong to CSS-Technologies.com
or its Customers (i.e. computer hacking), and/or
- Participating
in behavior which result in reprisals that adversely effect the CSS-Technologies.com
network or other Customers' access to the CSS-Technologies.com network.
CSS-Technologies.com will react strongly to any use or attempted use of an
Internet account or computer without the owner's authorization. Such
attempts include, but are not limited to, " Internet Scanning " (tricking
other people into releasing their passwords), password robbery, security
hole scanning, port scanning etc.
Any unauthorized use of accounts or computers by a CSS-Technologies.com customer,
whether or not the attacked account or computer belongs to CSS-Technologies,
will result in severe action taken against the attacker. Possible actions
include warnings, account suspension or cancellation, and civil or criminal
legal action, depending on the seriousness of the attack.
Any attempt to undermine
or cause harm to a server, or customer, of CSS-Technologies.com is strictly
prohibited.
Violations of this policy may be reported directly to the FBI's Infrastructure
Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm.
CSS-Technologies.com will cooperate fully with any civil and/or criminal litigation
arising from the violation of this policy.
Lawful Purpose
All services may be
used for lawful purposes only. Transmission, storage, or presentation
of any information, data or material in violation of any United States
Federal, State or City law is prohibited. This includes, but is not limited
to: copyrighted material or material protected by trade secret and other
statute. The subscriber agrees to indemnify and hold CSS-Technologies.com harmless
from any claims resulting from the use of the service which damages the
subscriber or any other party.
Child Pornography on the Internet
CSS-Technologies.com will
cooperate fully with any criminal investigation into a Customer's violation
of the Child Protection Act of 1984 concerning child pornography. Customers
are ultimately responsible for the actions of their clients over the
CSS-Technologies.com network, and will be liable for illegal material posted
by their clients.
According to the Child Protection Act, child pornography includes photographs,
films, video or any other type of visual presentation that shows a person
who is or is depicted as being under the age of eighteen years and is
engaged in or is depicted as engaged in explicit sexual activity, or
the dominant characteristic of which is the depiction, for a sexual
purpose, of a sexual organ or the anal region of a person under the
age of eighteen years any written material or visual representation
that advocates or counsels sexual activity with a person under the age
of eighteen years.
No credits will be issued for any interruption in service resulting
from policy violations. Violations of the Child Protection Act may be
reported to the U.S. Customs Agency at icpicc@customs.treas.gov.
Commercial advertisements
with e-mail
CSS-Technologies.com takes
a zero tolerance approach to the sending of Unsolicited Commercial Email
(UCE) or SPAM over our network. Very simply this means that customers
of CSS-Technologies.com may not use or permit others to use our network to
transact in UCE. Customers of CSS-Technologies.com may not host, or permit
hosting of, sites or information that is advertised by UCE from other
networks. Violations of this policy carry severe penalties,
including termination of service.
Sending a message, especially an advertisement, to more than five recipients,
is by itself spamming unless the individuals have specifically requested
to be added to a mailing list on that topic. This includes both commercial
advertisements and informational messages sent to recipients via electronic
mail (email) as well as off-topic messages posted in Usenet discussion
groups where the recipient has not requested or invited the message.
Email is a person-to-person medium, not a broadcast medium.
Customers of CSS-Technologies.com are strictly prohibited from using or permitting
others to use UCE or SPAM over our network. As our Customers are ultimately
responsible for the actions of their clients over the CSS-Technologies.com
network, it is advisable that Customers develop a similar, or stricter,
policy for their clients.
Violation of CSS-Technologies.com's SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy, CSS-Technologies.com
will initiate an immediate investigation (within 48 hours of notification).
During the investigation, CSS-Technologies.com may restrict Customer access
to the network to prevent further violations. If Customer is found to
be in violation of our SPAM policy, CSS-Technologies.com may, at its sole discretion,
restrict, suspend or terminate Customer's account. Further, CSS-Technologies.com
reserves the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation. No credits
will be issued for any interruption in service resulting from policy
violations. CSS-Technologies.com will notify law enforcement officials if the
violation is believed to be a criminal offense.
Violation of CSS-Technologies.com's SPAM policy may be reported to abuse@CSS-Technologies.com.
IP Address Overlap
CSS-Technologies.com administers
the network which the Customer's server resides on. The customer
can not use IP addresses which were not assigned to them by CSS-Technologies.com
staff. Any box found using IPs which were not officially assigned
will be suspended from network access until such time as the IP addresses
overlap can be corrected.
IRC
CSS-Technologies.com allows
the use of IRC inside the CSS-Technologies.com network as long as the use of
IRC on a CSS-Technologies.com server does not violate any of the other terms
of this aup. As a policy, CSS-Technologies.com will not provide
vanity IRC reverse DNS records. To enforce this policy CSS-Technologies.com
does not turn the reverse address of ips over to the customer.
Authority over this information remains with CSS-Technologies.com
Billing
The Customer understands
that the Customer is responsible for paying for any network resources
that are used to connect the Customer's server to the internet.
The Customer may request that the Customer's server be disconnected
from the Internet, but the Customer will still be responsible for paying
for any network resources used up to the point of suspension or Cancellation.
Suspension
CSS-Technologies.com reserves
the right to suspend network access to any Customer if in the judgment
of the CSS-Technologies.com network administrators the Customer's server is
the source or target of the violation of any of the other terms of the
Policy or for any other reason which CSS-Technologies.com chooses.
If inappropriate activity is detected, all accounts of the Customer
in question will be deactivated until an investigation is complete.
Prior notification to the Customer is not assured. In extreme cases,
law enforcement will be contacting regarding the activity. The
Customer will be credited on a prorated basis based on the monthly fees
the Customer pays for the servers that are suspended for the time
the Customer's machines were suspended.
Cancellation
CSS-Technologies.com reserves
the right to cancel service at any time. If inappropriate activity is
detected, all accounts of the Customer in question will be deactivated
until an investigation is complete. Prior notification to the Customer
is not assured. In extreme cases, law enforcement will be contacting
regarding the activity. All fees paid in advance of cancellation
will be prorated and paid by CSS-Technologies.com if CSS-Technologies.com institutes
its right of cancellation. Any violation of policies which results in
extra costs will be billed to the customer (i.e. transfer, space etc.)
Indemnification
Customer agrees
that it shall defend, indemnify, save and hold CSS-Technologies.com harmless
from any and all demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against CSS-Technologies, 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 CSS-Technologies.com against liabilities
arising out of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with CSS-Technologies.com's server;
(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 CSS-Technologies.com's
server.
Disclaimer
CSS-Technologies.com will
not be responsible for any damages your business may suffer. CSS-Technologies.com
makes no warranties of any kind, expressed or implied for services we
provide. CSS-Technologies.com disclaims any warranty or merchantability or
fitness for a particular purpose. The includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by CSS-Technologies.com and its employees. CSS-Technologies.com
reserves the right to revise its policies at any time.
All Sub-Networks,
resellers and dedicated servers of CSS-Technologies.com must adhere to the above
policies. Failure to follow any term or condition will be
grounds for immediate Cancellation.
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