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ACCEPTABLE
USE POLICY |
Server Use
U-Turn Internet Services Ltd. (hereafer
"U-Turn Internet") 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 U-Turn Internet
customers will be suspended, and/or terminated, without prior notice.
Content Policy
U-Turn Internet 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, or any New Zealand law is prohibited. The Customer agrees to
indemnify and hold harmless U-Turn Internet 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 U-Turn Internet 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 U-Turn Internet.
Also prohibited are sites that promote any
illegal activity or present content that may be damaging to U-Turn Internet'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
Copyrighted material
Pornography or adult material
U-Turn Internet will be the sole arbiter as to
what constitutes a violation of this provision.
Any deliberate attempt to cause damage to U-Turn Internet
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 U-Turn Internet 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 U-Turn Internet'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 U-Turn Internet 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 U-Turn Internet'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 U-Turn Internet. In addition, Customers shall not use U-Turn Internet
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
U-Turn Internet 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 U-Turn Internet services at your own risk. U-Turn Internet
specifically disclaims all warranties of merchantability and fitness for a
particular purpose. In no event shall U-Turn Internet 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 U-Turn Internet harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable
attorney’s fees asserted against U-Turn Internet, 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 U-Turn Internet 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 U-Turn Internet'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 U-Turn Internet.
Responsibility for Content
U-Turn Internet takes no responsibility for any
material created or accessible on or through the U-Turn Internet Services. U-Turn Internet
is not obligated to monitor or exercise any editorial control over such
material, but reserves the right to do so. In the event that U-Turn Internet
becomes aware that any such material may violate this Acceptable Use Policy
and/or expose U-Turn Internet to civil or criminal liability, U-Turn Internet
reserves the right to block access to such material and suspend or terminate any
customer creating, storing or disseminating such material. U-Turn Internet
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 U-Turn Internet deems responsible for the wrongdoing.
Intellectual Property
Material accessible through U-Turn Internet 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 U-Turn Internet 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 U-Turn Internet services, you must not
use that domain name in violation of the trademark, service mark, or other
rights of any third party.
U-Turn Internet 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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