| ACCEPTABLE
USE POLICY
Server Use
e3
Internet Services Group, Inc. (hereafter"e3")
will not tolerate inappropriate use of our servers,
services and resources. We reserve the right to suspend
a customer's account at our sole discretion without
prior notice.
Any
account found to be jeopardizing server performance,
or our services, and thus affecting normal server operation
or service to other e3 customers will be suspended,
and/or terminated, without prior notice.
Content
Policy
e3
does not allow any illegal material to be stored in
your hosting accounts.
Transmission,
storage, or presentation of any information, data or
material in violation of any United States Federal,
State or City law is prohibited. The Customer agrees
to indemnify and hold harmless e3 from any claims resulting
from the use of the service which damages the subscriber
or any other party.
Adult
material and sex-related links or merchandising is prohibited
in e3 accounts. This includes sites that contain pornography,
or links to adult content elsewhere. The designation
of "adult material" is left entirely to the
discretion of e3.
Also
prohibited are sites that promote any illegal activity
or present content that may be damaging to e3's servers
or any other servers on the internet. Links to such
materials are also prohibited. Examples, including but
not limited to, of unacceptable content or links is
as follows:
Pirated
software
Hacker programs or archives
Warez sites
Pornography or Adult Material
e3
will be the sole arbiter as to what constitutes a violation
of this provision. Further, e3 may ban at times programs
or scripts which dedegrate the performance of any server.
The defination of "dedegration" is left entirely
to the discretion of e3.
Any
deliberate attempt to cause damage to e3 or any other
Internet server will result in immediate account deactivation
without prior notice. No refund will be issued.
Harmful
Content
Users
shall not use the e3 services to transmit, distribute
or store material, whether designed to actually be harmful
(or material just used for educating a person on the
technical aspects of how to create such material) or
that may be harmful to or interfere with e3's services
or any third party's networks, systems, services, or
web sites. Such prohibited harmful content includes,
but is not limited to, viruses, whether e-mail or other
program related viruses, worms, or Trojan horses.
Fraudulent/Misleading
Content
Users
shall not use e3 to transmit or distribute material
containing fraudulent or misleading offers for goods
or services, or any advertising or promotional materials
that contain false, deceptive, or misleading statements,
claims, or representations. In addition, Customers are
prohibited from submitting any false or inaccurate data
on any order form, contract or online application, including
the fraudulent use of credit cards.
Email
and Unsolicited Messages
Customers
shall not use e3's services to transmit unsolicited
e-mail messages, including, without limitation, unsolicited
bulk email , where such emails could reasonably be expected
to provoke complaints ("spam"). Further, Customers
are prohibited from using the service of another provider
to send spam or to promote a site hosted on or connected
to e3. In addition, Customers shall not use e3 in order
to (a) send e-mail messages which are excessive and/or
intended to harass or annoy others, (b) continue to
send e-mail messages to a recipient that has indicated
that he/she does not wish to receive them, (c) send
e-mail with forged TCP/IP packet header information,
(d) send malicious e-mail, including, without limitation,
"mailbombing", (e) send or receive e-mail
messages in a manner that violates the use policies
of any other Internet service provider, or (f) use an
e-mail box exclusively as a storage space for data.
Indemnification Policy
e3
reserves the right to refuse service to anyone for any
reason not prohibited by law. We also reserve the right
to terminate service to any customer for any reason
not prohibited by law. You agree to use all e3 services
at your own risk. e3 specifically disclaims all warranties
of merchantability and fitness for a particular purpose.
In no event shall e3 be liable for any loss, or loss
of data, or other commercial damage, including but not
limited to special, incidental, consequential or other
damages. Customer agrees that it shall defend, indemnify,
save and hold e3 harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorney’s fees asserted against e3, 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,
it’s agents, employees or assigns. Customer agrees
to defend, indemnify and hold harmless e3 against liabilities,
including but not limited to, the following:
1.
Any injury to person or property caused by any products
sold or otherwise distributed in connection with e3's
services;
2. Any material supplied by customer infringing or allegedly
infringing on the proprietary rights of a third party;
3. Copyright infringement and/or
4. Any defective products sold to customer from e3.
Responsibility
for Content
e3
takes no responsibility for any material created or
accessible on or through the e3 Services. e3 is not
obligated to monitor or exercise any editorial control
over such material, but reserves the right to do so.
In the event that e3 becomes aware that any such material
may violate this Acceptable Use Policy and/or expose
e3 to civil or criminal liability, e3 reserves the right
to block access to such material and suspend or terminate
any customer creating, storing or disseminating such
material. e3 further reserves the right to cooperate
with legal authorities and third parties in the investigation
of alleged wrongdoing, including disclosing the identity
of the User that e3 deems responsible for the wrongdoing.
Intellectual
Property
Material
accessible through e3 may be subject to protection under
privacy, publicity, or other personal rights and Intellectual
Property rights, including but not limited to, copyrights
and laws protecting patents, trademarks, trade secrets
or other proprietary information. Customers shall not
use e3 in any manner that would infringe, dilute, misappropriate,
or otherwise violate any such rights. If you use a domain
name in connection with any of the e3, you must not
use that domain name in violation of the trademark,
service mark, or other rights of any third party.
e3
shall be the sole arbiter as to what violates this Policy
and reserves the right to alter this policy at any time.
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