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NeoSpire Acceptable Uses Policy Our Guidelines  By using our Web hosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. When customers place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over our facilities and may reach a large number of people, a user’s postings to the Internet may harm our goodwill, business reputation, and operations. For these reasons, customers violate our policy when they, their affiliates, or subsidiaries engage in the prohibited activity described herein. We expect you to have a basic knowledge of how the Internet functions, the types of uses that are generally acceptable, and the types of uses that are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are examples of unacceptable uses: illegality in any form, including, but not limited to, activities such as unauthorized distribution or copying of copyrighted software or other copyrighted work, violation of U.S. export restrictions, harassment, fraud, drug dealing, and other illegal activities. Interpretation The provisions of this policy are intended as guidelines and are not meant to be exclusive. Generally, conduct that violates applicable laws, regulations, or the accepted norms of the Internet community, whether or not expressly mentioned in this policy, is expressly prohibited. NeoSpire reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill. Billing Additionally, by utilizing our services, you agree to pay for all services rendered. This agreement will act in lieu of a signed contract for all credit card or other transactions. If you feel that you have been billed incorrectly, you must contact NeoSpire's billing department within 30 days of the billing error. Transactions or invoices dating more than 30 days old cannot be dismissed. Illegal Use NeoSpire servers may be used only for lawful purposes. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, indecent, defamatory, constitutes an illegal threat, or violates export control laws. NeoSpire will be the sole arbiter as to what constitutes a violation of our policies. System and Network Security Violations of system or network security are expressly prohibited, and may result in criminal and/or civil liability. Examples include, but are not limited to, the following:
Misuse of NeoSpire Network Customers have a responsibility to use the NeoSpire network responsibly. This includes respecting other NeoSpire customers. NeoSpire reserves the right to suspend or cancel service to customers who use the NeoSpire network in a way that adversely impacts other NeoSpire customers. This includes but is not limited to customers who attack or attempt to gain unauthorized access to servers and services of other NeoSpire customers or participating in behavior which results in actions which adversely affect the NeoSpire network or other customers’ access to the network. Spamming Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site. Spamming is harmful because it can negatively impact consumer’s attitudes toward us, and can overload our equipment as well as disrupt service to subscribers. It is contrary to NeoSpire policy for customers to use our servers to effect or participate in any of the following activities:
Consequences of Violation When NeoSpire becomes aware of an alleged violation of its Acceptable Use Policy, NeoSpire will initiate an investigation. During its investigations, NeoSpire may restrict a customer’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, NeoSpire may, at its sole discretion:
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Failure to cooperate with our corrective or preventive measures is a violation of our policy. If such violation is a criminal offense, NeoSpire will notify the appropriate law enforcement department of such violation. NeoSpire does not issue service credits for any outages incurred through service disablement resulting from policy violations. Privacy We cannot take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our clients’ on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our clients unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations, or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our clients from harm, or where such disclosure is necessary to the proper operation of the system. Indemnity We wish to emphasize that by accepting our web hosting and/or Internet related services, clients indemnify us for any violation of the client and/or user of this policy, or of law, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the user that violate any law, or this policy, the user will pay any damages awarded against us, plus costs and reasonable attorneys’ fees. You further agree that NeoSpire and any other parties involved in creating, delivering, and hosting web sites by or on behalf of NeoSpire have no liability for direct, indirect, incidental, punitive, or consequential damages with respect to the information, services, content, or advertisements contained on or otherwise accessed through this web site. This web site (excluding linked sites) is controlled by NeoSpire from its offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this web site both you and NeoSpire agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this web site. You and NeoSpire also agree and hereby submit to the exclusive personal jurisdiction and venue of the applicable courts of Dallas County, Texas and the United States District Court for the Northern District of Texas with respect to such matters. NeoSpire makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Cancellation Policy Cancellation notices shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. The request must be typewritten on the letterhead of the company to which the account is registered. The request must also be signed by a legal representative within said company (i.e. Manager, Director, President, etc.). The cancellation guidelines are contained in the customers' contract section entitled "Term of Agreement, Termination and Renewal" Permitted Use of Logos and Trademarks NeoSpire trademarks identify NeoSpire products and services, and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials and in referring to our products and services (for example, in a magazine article without our permission), provided you follow standard trademark usage practices and provide proper attribution. NeoSpire retains the right to use Customer's name and logo in press and marketing releases and materials. Other uses require prior written permission from NeoSpire. Please make such requests by email. We will evaluate your request as soon as possible. In addition, you may not use NeoSpire trademarks, whether design or word marks, in the following ways:
Commercial Use of Our Web Images Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the NeoSpire web site is strictly prohibited without the express written permission of NeoSpire. Licensed Logo Use Use, reproduction, copying, or redistribution of NeoSpire logos is strictly prohibited without written permission from NeoSpire. Modification NeoSpire reserves the right to add, delete, or modify any provision of this policy at any time without notice. Reporting Network Abuse Any party seeking to report any violations of NeoSpire’s policy may contact us via e-mail at: abuse@NeoSpire.net. Please send a detailed report of it to the foregoing e-mail address. |