Terms
and Conditions of Use/Acceptable Uses Policy
Privacy Statement
1.
Introduction
The goal of Vision DOTCOM Technologies is to provide the best service possible
for an enjoyable Internet experience. This Acceptable Use Policy ("AUP"
or "Policy") is designed to keep Vision DOTCOM Technologies and the
Internet enjoyable and useful for all of our subscribers. Violation of this
Policy may result in suspension or cancellation of Vision DOTCOM Technologies
services. Vision DOTCOM Technologies is committed to and supports the free
exchange of information and ideas over the Internet. Vision DOTCOM Technologies
does not actively monitor nor does Vision DOTCOM Technologies exercise editorial
control over the content of any web site, electronic mail transmission, mailing
list, news group or other material created or accessible over Vision DOTCOM
Technologies servers. However, Vision DOTCOM Technologies reserves sole
discretionary rights to remove any materials deemed potentially illegal, harmful
to Vision DOTCOM Technologies business operations or equipment, or in violation
of any part of this AUP or of the standard Vision DOTCOM Technologies Internet
Agreement. Use of Vision DOTCOM Technologies Network's servers immediately
constitutes acceptance and acknowledgement of this Acceptable Use Policy.
2.
Restricted Content
Clients are expected to use the Internet with respect, courtesy, and
responsibility, giving due regard to the rights of other Internet users. Clients
are expected to use his/her account for the purposes of maintaining a website
only. Common sense is the best guide as to what is considered acceptable use.
Vision
DOTCOM Technologies forbids websites with adult graphic content (softcore and/or
hardcore), including, but not limited to, banner advertising, any adult
website(s), child pornography, and distribution of adult website passwords.
Client's whose accounts are found in violation of this policy may, at the
discretion of Vision DOTCOM Technologies, have their account(s) terminated
without notice and are subject to a maximum clean-up/disconnect fee.
Client's
whose website promotes activities that violate federal, state, local,
International laws and/or violation of U.S. export restrictions are also not
welcome at Vision DOTCOM Technologies. This includes "warez" sites
(freely distributing copyright programs), or sites promoting hacking and/or
cracking programs. Client's whose accounts are found in violation of this policy
may, at the discretion of Vision DOTCOM Technologies, have their account(s)
terminated without notice and are subject to a maximum clean-up/disconnection
fee. Additionally, Vision DOTCOM Technologies may contact the Software Piracy
Association ("SPA") and release any information in connection with any
illegal activities relating to software piracy on the Client's account.
IRC Bots,
or any other automaton programs written in C, Perl or IRC-script used
specifically in conjunction with IRC are not allowed. These programs tie up
system resources and are in no way related to maintaining a website. Clients are
not allowed to have any programs, including but not limited to, Eggdrop, or any
other IRC-related programs, within their account. Client agrees not to upload
the tar file for any of these programs or to execute them within their account.
The first violation of this policy will result in the IRC-related program to be
removed from the Client's account and Vision DOTCOM Technologies will notify the
Client immediately of the violation. The second violation of this policy may, at
the discretion of Vision DOTCOM Technologies, result in the Client's account(s)
being terminated without notice and a maximum clean-up/disconnect fee.
Simply
put, we ask that you use your account for the purposes of hosting a non-adult
oriented, legal website.
3.
Warranties/Disclaimers
Vision DOTCOM Technologies Internet service is provided on an "as is, as
available" basis. No warranties, express or implied, including, but not
limited to, those of merchantability or fitness for a particular purpose, are
made with respect to Vision DOTCOM Technologies or any information or software
therein. You release Vision DOTCOM Technologies from and Vision DOTCOM
Technologies shall have no liability or responsibility for any direct, indirect,
incidental or consequential damages suffered by you in connection with your use
of or inability to use Vision DOTCOM Technologies services including, but not
limited to, damages from loss of data resulting from delays, non-deliveries,
miss-deliveries, or service interruptions, or due to inadvertent release or
disclosure of information sent by you even if the same is caused by Vision
DOTCOM Technologies' own negligence. Without limiting the generality of the
foregoing, Vision DOTCOM Technologies disclaims to the full extent permitted by
applicable law any responsibility for (and under no circumstances shall be
liable for) any conduct, content, goods and services available on or through the
Internet or the Vision DOTCOM Technologies services. In no event shall Vision
DOTCOM Technologies aggregate liability exceed the amount paid by you to Vision
DOTCOM Technologies for the Vision DOTCOM Technologies services. Use of any
information obtained via Vision DOTCOM Technologies Internet service is at the
user's own risk. Vision DOTCOM Technologies specifically disclaims any
responsibility for the accuracy or quality of information obtained through its
services.
4.
Trademarks & Copyrights
Client warrants that it has the right to use the applicable trademarks, if any,
and grants Vision DOTCOM Technologies the right to use such trademarks in
connection with Vision DOTCOM Technologies' Network's service.
Client
agrees not to modify any copyright notices in features (Perl programs, etc.)
provided by Vision DOTCOM Technologies. Modification of scripts provided by
Vision DOTCOM Technologies without written permission is strictly prohibited.
5.
Etiquette and Policies (spam etc)
Spamming is the sending of unsolicited e-mail, regardless of size or volume, to
persons the sender does not know or have prior consent to send the message to.
Using fictitious e-mail addresses @Visiondotcom.com or hosting or any domain
name hosted with Vision DOTCOM Technologies is strictly forbidden. Spamming also
includes sending unsolicited advertisements to numerous email addresses or
newsgroups and/or generating a significantly higher volume of outgoing email
than a normal user. A violation of this policy extends to clients who send
unsolicited e-mail from a domain name not affiliated or hosted with Vision
DOTCOM Technologies but the mail message makes mention of a website hosted with
Vision DOTCOM Technologies.
Vision
DOTCOM Technologies allows clients to send mailings to subscribers of their own
mailing list. Such mailings must have explicit instructions to the recipient on
how to remove his/her name from the list, and all requests to do so must be
honored immediately. Client agrees not to send mailings to lists provided by an
outside agency or individual. Client further agrees not to provide mailing list
services to others. Due to the nature of a shared-server environment, Vision
DOTCOM Technologies requests that mailing lists be sent during non-peak hours,
specifically between the hours of 1:00 am and 5:00 am, Central Time (U.S.A).
Vision DOTCOM Technologies reserves the right to terminate a client's mailing
program, whether provided by Vision DOTCOM Technologies or not, immediately and
without notification to client if said list causes a problem with the e-mail
services of other clients. Vision DOTCOM Technologies also reserves the right to
forbid a client from utilizing any mail-sending program that jeopardizes the
mail services of other clients.
Due to
the consumption of system resources and overloading of the e-mail server, Vision
DOTCOM Technologies forbids the use of the "Gossamer Links" program by
any client.
Trolling,
the posting of outrageous messages to generate numerous responses, is also not
allowed. Mailbombing, the sending of multiple messages without significant new
content to the same user and/or subscribing someone else to a mailing list
without that person's permission, cross-posting articles to an excessive number
of newsgroups, or attempting without authorization to enter into a secured
computer system is strictly forbidden. Vision DOTCOM Technologies reserves the
right to determine what constitutes abuse of this policy. Clients whose accounts
are found in violation of this policy may, at the discretion of Vision DOTCOM
Technologies, have their account(s) terminated without notice and are subject to
a maximum $500 clean-up/disconnection fee.
The
following should be noted...
a.
The network resources of Vision DOTCOM Technologies may not be used to
impersonate another person or misrepresent authorization to act on behalf of
others or Vision DOTCOM Technologies All messages via Vision DOTCOM Technologies
should correctly identify the sender; users may not alter the attribution of
origin in electronic mail messages or postings. Users may not attempt to
undermine the security or integrity of computing systems or networks and must
not attempt to gain unauthorized access to said networks. Clients may not use
Vision DOTCOM Technologies' Network's server for mass e-mail or
"spamming" purposes.
b.
Vision DOTCOM Technologies may discontinue servicing any Plan, or may
require fulfillment of terms or conditions Vision DOTCOM Technologies may choose
to impose as a prerequisite for continuing to service any such Plan. Such
discontinuation or requirement may not be unreasonable, however, and Vision
DOTCOM Technologies agrees to provide Customer with reasonable notice by Email
and fax of any such intent to discontinue or impose certain conditions
c.
Vision DOTCOM Technologies' Network's services may not be used for
illegal purposes, or in support of illegal activities. Vision DOTCOM
Technologies reserves the right to cooperate with legal authorities and/or
injured third parties in the investigation of any suspected crime or civil
wrong. Activities which are prohibited as potentially illegal include, but are
not limited to:
i.
Unauthorized copying of copyrighted material including, but not limited
to, digitization and distribution of photographs from magazines, books, or other
copyrighted sources, and copyrighted software.
ii.
Threatening bodily harm or property damage to individuals or groups.
iii.
Making fraudulent offers of products, items, or services originating from
your account.
iv.
Attempting to access the accounts of others or attempting to penetrate
beyond security measures of our or other systems (referred to as hacking)
whether or not the intrusion results in corruption or loss of data.
v.
Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes sending
more than ten (10) similar mail messages to the same e-mail address.
vi.
Forging any message header, in part or whole, of any electronic
transmission, originating or passing through Vision DOTCOM Technologies
services.
vii.
Distributing viruses to or from Vision DOTCOM Technologies systems.
6.
Limited Liability
a.
Client expressly agrees that use of Vision DOTCOM Technologies Network
Server is at Client's sole risk. Neither Vision DOTCOM Technologies, its
employees, agents, resellers, third party information providers, merchants
licensers or the like, warrant that Vision DOTCOM Technologies Server service
will not be interrupted or be error free; nor do they make any warranty as to
the results that might be obtained from the use of the Server service or as to
the accuracy, or reliability of any information service or merchandise contained
in or provided through the Vision DOTCOM Technologies Server service, unless
otherwise expressly stated in this Agreement. Out 99% uptime guaranty only
covers the amount that was pad for the services.
b.
Under no circumstances, including negligence, shall Vision DOTCOM
Technologies, its offices, agents or any one else involved in creating, or
distributing Vision DOTCOM Technologies Server service be liable for any direct,
indirect, incidental, special or consequential damages that result from the use
of or inability to use the Vision DOTCOM Technologies Server service; or that
results from mistakes, omissions, interruptions, deletion of files, errors,
defects, delays in operation, or transmission or any failure of performance,
whether or not limited to acts of God, communication failure, theft, destruction
or unauthorized access to Vision DOTCOM Technologies records, programs or
services. Client hereby acknowledges that this paragraph shall apply to all
content on Vision DOTCOM Technologies' Servers.
7.
Vision DOTCOM Technologies Right to Change Service
Vision DOTCOM Technologies reserves to right to change without notice the Vision
DOTCOM Technologies service, including, but not limited to, hours of operation,
menu structures, commands, documentation and vendors.
8.
Vision DOTCOM Technologies' Right to Modify its Acceptable Use Policies
Vision DOTCOM Technologies may at any time, revise the Acceptable Uses Policy
with advanced notice given to clients. Renewal of an account with Vision DOTCOM
Technologies constitutes acceptance to all modifications to the Acceptable Uses
Policy and to the Contract for the account. The contract is automatically
renewed 7 days before the date of expiry unless otherwise instructed by the
client at the time of placing the order or via a notice at least 7 days prior to
the account due date. An account is billed from the date the order is placed up
to the date of expiry of the contract. The contract length is determined by the
client at the time of placing the order.
9.
Indemnification
Client agrees that it shall defend, indemnify, save and hold Vision DOTCOM
Technologies harmless from any demands, liabilities, losses, costs and claims,
including reasonable attorneys' fees, ("Liabilities") asserted against
Vision DOTCOM Technologies, its agents, its customers, servants officers and
employees, that may arise or result from any service provided or performed or
agreed to be performed or any product sold by Client, its agents, employees or
assigns. Client agrees to defend, indemnify and hold harmless Vision DOTCOM
Technologies against Liabilities arising out of
a.
any injury to person or property caused by any products sold or otherwise
distributed in connection with Vision DOTCOM Technologies' Network's Server;
b.
any material supplied by Client infringing or allegedly infringing on the
proprietary rights of a third party;
c.
copyright infringement and
d.
any defective product which Client sold on Vision DOTCOM Technologies
Server.
10. Excessive
CPU/Memory Usage
Client agrees to take all responsibility for all programs including CGI scripts
executed under their account. Programs that consume an excessive amount of CPU
run time or Random Access Memory (RAM) are not permitted. Client agrees and
understands that such excessive use can have an adverse effect on the
performance of the web server. Client agrees to accept responsibility for
programs executed under his/her account, regardless of who authored the program.
Vision DOTCOM Technologies provides an acceptable chat programs for clients with
Unix Standard + accounts. Vision DOTCOM Technologies reserves the right to
suspend accounts without notice to clients who violate these terms. Vision
DOTCOM Technologies has sole discretion over what constitutes excessive usage.
Programs
provided by Vision DOTCOM Technologies as an installable feature are not exempt
from this policy. While every efforts is made on Vision DOTCOM Technologies' end
to ensure the program it provides are efficient, problems with excessive usage
on particular programs may occur.
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