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Terms of Use Policy
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Policy Changes
Our Rights
Your Rights
DISCLAIMER
LIMITATION OF LIABILITY
Prohibited Uses
Lawful Use Only
Spamming and SPAM Related Activities
Permission Based (Opt-in) Advertising
Copyright Infringement
Harassment or Otherwise Damaging or Abusive Activities
Child Pornography
United States Export Laws
Privacy
IP Addressing
Reselling
Domain Name Expiration
Maintenance Contracts
About this Policy - effective date Jul 22nd, 2004
The purpose of this policy is to provide users of this web site ("Clients" or "you") with a set of guidelines, rules, and restrictions that apply to the use of this web site as well as any of the services provided herein. Throughout this policy any reference to the first person ("I, me, we, our, ours, us") shall refer to SNAP Web Systems. Any reference to the second person ("you, your, yours") shall refer to the client.
This policy contains the Terms of Use that govern your use of this web site as well as any and all services provided by us. Your compliance with this policy and all rules and regulations provided herein is a prerequisite for the use of this web site as well as any services we provide. Your continued use of this site and / or any services we provide constitutes your agreement to these terms in whole as well as your acceptance of any penalties that may arise due to the misuse of this site or any of our Services. This policy also applies your employees, agents, contractors, end users, or any third party acting on your or your end users' behalf.
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Policy Changes - effective date Jul 22nd, 2004
We reserve the right to make changes to this policy and all others on this site at any time and without any advance notice as to protect the interests of our company, our clients or their end customers, our partners, or our affiliates. All changes to this policy will be posted on this web site and shall become effective on the day of the posting. You will be notified via email of a change to this policy on the day of the change. If you do not agree to the changes made to this policy you will be given a grace period of not more than 10 days to cancel your services before having to comply with those changes. Any use of our services beyond the 10 day grace period constitutes your agreement to any changes or additions made to this policy.
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Our Rights - effective date Jul 22nd, 2004
As the nature of the Internet is constantly changing, we cannot address all possible unacceptable uses of this web site or our services. As a result, we reserve the right to determine what constitutes an unacceptable use of this site or any of our services. We also reserve the right to suspend or terminate the use of such services or take any other action as deemed appropriate by us in our sole discretion or as required by law.
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Your Rights - effective date Jul 22nd, 2004
You as our client have the right to use this web site or the services we provide in any way you see fit as to benefit or provide profit to yourself or any company you represent as long as you do not violate this policy or any other policies posted on this web site, or any state, local, federal, or international laws, and as long as we do not deem your activities unacceptable.
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DISCLAIMER - effective date Jul 22nd, 2004
YOUR ACTIVITIES RELATED TO THE USE OF ANY SERVICE PROVIDED BY US MAY NOT VIOLATE OR OTHERWISE CONTRADICT ANY OF THE TERMS IN THIS POLICY OR ANY OTHER POSTED POLICY ON THIS SITE, AND MAY NOT VIOLATE ANY STATE, LOCAL, FEDERAL, OR INTERNATIONAL LAWS. WE MAY, IN OUR SOLE DISCRETION, SUSPEND OR TERMINATE YOUR SERVICES IF IT IS DETERMINED THAT YOU HAVE ENGAGED IN ANY SUCH ACTIVITY THAT MAY VIOLATE THE ABOVE MENTIONED TERMS OR LAWS. YOU VIOLATE THIS POLICY WHEN YOU, YOUR END USERS, YOUR AFFILIATES, OR ANY OTHER THIRD PARTY ACTING ON YOUR OR YOUR END USERS’ BEHALF, ENGAGE IN ANY ACTIVITY, DIRECTLY OR INDIRECTLY, FORESEEN OR UNFORESEEN, SUCCESSFUL OR UNSUCCESSFUL, WHICH CONTRADICTS THE TERMS OF THIS POLICY.
WE WILL NOT BECOME INVOLVED IN ANY DISPUTES OR LIABILITIES BETWEEN YOU AND A THIRD PARTY AND YOU AGREE TO RELEASE US FROM ANY LIABILITY WHICH ARISES IN WHOLE OR IN PART FROM THESE DISPUTES. ALSO WE RESERVD THE RIGHT TO TAKE ANY DISCIPLINARY ACTION DEEMED APPROPRIATE IN OUR SOLE DISCRETION IF A COMPLAINT IS RECEIVED FROM A THIRD PARTY WHICH CLAIMS THAT YOU HAVE ENGAGED IN ANY ACTIVITY WHICH VIOLATES THE TERMS OF THIS POLICY OR OTHERWISE SUBJECTS US TO ANY LIABILITY TO INCUR LEGAL FEES OR OTHER EXPENSES INCLUDING BUT NOT LIMITED TO ACCOUNT SUSPENSION OR TERMINATION. WE ALSO RESERVE THE RIGHT TO RECOVER ANY LEGAL FEES, OR OTHER EXPENSES WHICH ARISE IN WHOLE OR IN PART FROM SUCH LIABILITIES VIA ANY MEANS NECESSARY INCLUDING BUT NOT LIMITED TO CHARGING YOUR CREDIT CARD FOR SUCH FEES.
WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR SERVICES WITHOUT NOTICE TO YOU, YOUR END USERS, OR ANY THIRD PARTY ACTING UNDER YOUR OR YOUR END USERS’ BEHALF. WE ALSO RESERVES THE RIGHT TO PROSECUTE TO THE FULLEST EXTENT OF THE LAW IF IT IS DETERMINED THAT ANY STATE, LOCAL, FEDERAL, OR INTERNATIONAL LAWS HAVE BEEN BROKEN OR YOUR ACTIVITIES CAUSE US TO INCUR ANY FINANCIAL LIABILITIES WHICH CANNOT BE RECOVERED BY NORMAL METHODS. WE MAY ALSO REPORT YOUR ACTIVITIES TO FEDERAL AND/OR STATE LAW ENFORCEMENT AGENCIES.
LIMITATION OF LIABILITY - effective date Jan 1, 2011
YOU AGREE TO USE OUR PRODUCTS AND SERVICES AT YOUR OWN RISK AND AGREE TO RELEASE US FROM ANY DAMAGES THAT MAY BE INCURRED BY YOU, YOUR END USERS, YOUR AFFILIATES, OR ANY THIRD PARTY ACTING ON YOU OR YOUR END USERS' BEHALF AS A RESULT OF THE USAGE OF OUR PRODUCTS OR SERVICES. WE ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA, LOSS OF BUSINESS, OR ANY OTHER DAMAGES TO YOU, YOUR BUSINESS, YOUR REPUTATION, OR ANY OTHER DAMAGES SEEN OR UNFORSEEN AS A RESULT OF THE USE OF ANY PRODUCT OR SERVICE WE PROVIDE. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL WE BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY OF OUR PRODUCTS OR SERVICES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PRODUCTS OR SERVICES TO OPERATE WITH ANY OTHER PROGRAMS OR FAILURE TO OPERATE AS EXPECTED), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with any product or service we provide.
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Prohibited Uses - effective date Jul 22nd, 2004
Any uses of our web site or provided services are subject to any and all prohibited uses outlined below but are not limited to such prohibitions. The prohibitions outlined below are not designed to address any possible misuse of our services. Therefore, at our sole discretion, any other misuses may be determined as these violations happen.
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Lawful Use Only - effective date Jul 22nd, 2004
You may use services provided by us only for lawful purposes. You may not transfer, keep, or distribute any information, software, data, files, or any other material if it is in violation of any applicable state, local, federal, or international laws. You may not use our services to assist in, or otherwise facilitate the violation of any law or regulation.
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Spamming and SPAM Related Activities - effective date Jul 22nd, 2004- updated Feb 14th, 2010
We strictly prohibit the use of our services to transmit SPAM. This includes any transmission of email via your account including but not limited to inadvertent email sending due to vulnerable mail scripts on your web site(s). We will also not host a site which is announced or advertised via spam under any circumstances be it via our servers or other methods. "SPAM" is any form of unsolicited advertisement of your web site or the services you or your affiliates provide. This includes but is not limited to any internet or telephony based means of communication such as Microsoft messenger Service, Chat Programs, AOL Instant Messenger, Yahoo Instant Messenger, e-mail, facsimile, Internet Phone, instant text messaging, IRC applications, and Telemarketing. Any violation of this restriction may also subject you to civil liability and/or to criminal penalties in addition to suspension or termination of your account. If your website has been hacked and is sending SPAM without your knowledge we may, in our sole discretion, disable your account until you have proven that the issue is resolved. If the vulnerability was our fault due to our programming, then we will fix the issue free of charge, otherwise we will charge for the time it takes to fix the issue at the current labor rates should you decide to allow us to fix the issue. Either way, a hacked site will be disabled until the issue is resolved. You agree not to hold us responsible for any down time due to these situations.
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Permission Based (Opt-in) Advertising - effective date Jul 22nd, 2004 - updated Feb 14th, 2010
You may use our services to transmit permission-based advertisements for the purpose of marketing your goods and services as long as you comply with the conditions stated below and any terms contained in this policy or other integrated policies on this web site or you do not violate any local, state, federal, or international laws including but not limited to the CAN-SPAM Act. All permission based (Opt-in) advertising which advertises your web site, your goods, or services you provide whether sent using our services or via any other internet or telephony based means must comply with the following conditions:
- You must keep verifiable records that prove that your marketing efforts are strictly permissions-based. In addition, should you purchase mailing lists or any other types of marketing data, it is your sole responsibility to verify that the lists or data have been generated on a strict "opt-in" basis.
- All marketing material must contain a working "unsubscribe" or "remove" link and you must honor all unsubscribe requests within 24 hours from the time the request was made. You must also have a proven working system that prevents unsubscribed recipients from becoming re-subscribed without their permission.
- You must have a valid and non changing address in the "From" field of each email sent should you engage in permission-based email marketing.
- You must provide a working link to your company's privacy policy.
- You must have a working web site that corresponds to the "From" field of each email sent and that web site must conspicuously display your up-to-date mailing address, telephone number, privacy policy, and optional facsimile number.
- You may only send permission-based emails out from our servers at the rate at 1 email per second. Your emailing script must comply with this limit. If we see that you are sending out email too fast, we may, without your knowledge disrupt your script, disable your account, or take further action including banning you from sending email using our servers at all. Remember, other users use the same servers at the same time and any mass email script that does not limit its sending may disrupt service for others. Any script that takes up too much server resources will be considered a denial of service (DOS) attack and will be treated as such. We reserve the right to suspend or terminate service or take legal action against you for loss of service.
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Copyright Infringement - effective date Jul 22nd, 2004
This area defines how we deal with copyrighted material on our servers and what penalties exist for those who engage in copyright infringement.
You may not use any of our services in any manner which infringes upon the rights of a third party. This includes the infringement of copyrights, trademarks, patents, trade secrets, or other proprietary rights or rights of publicity or privacy.
If a rights owner reports that you have violated their rights, your website may be disabled until such material is removed. We will fully cooperate with verified rights owners as well as with law enforcement to make sure that no website or service hosted by us displays or uses copyrighted material in any way.
Any member who violates the rights of a rights owner may be subject to additional penalties as required by law. We will fully cooperate with law enforcement agencies if this should be the case.
If you are a Rights Owner, and you believe that a member is infringing on your copyright, you may present your case by submitting a support ticket here. You must be ready to provide proof of rights ownership for the item(s) in question. Once your rights have been verified, we will immediately disable the website in question and notify the member. We will not re-enable the website until we are convinced that the infringed material is gone. We will fully cooperate with Verified Rights Owners as well as with Law Enforcement Agencies should further action be needed in order to resolve the issue.
We are not responsible for any copyright infringement that takes place on any website hosted by our servers. We do not monitor the content of our hosted sites and therefore have no means to prevent such infringement. We simply provide a service to our customers, which allows them to use our servers as a "place" to host their websites.
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Harassment or Otherwise Damaging or Abusive Activities - effective date Jul 22nd, 2004 - updated Dec 15th 2007
You may not use our services for harassment or otherwise damaging or abusive activities. This includes but is not limited to the following:
- Harassment, abuse, slandering, or otherwise threatening of a third party.
- Use of our services to distribute damaging, information collecting, or advertising software with or without permission. This includes but is not limited to Viruses, Spyware, Adware, Trojans, worms, or other computer code which may disrupt service, destroy data, damage equipment, or otherwise degrade data transmissions.
- Use of our services to publish inappropriate information to the public. This includes but is not limited to nudity, pornography, violence, or inappropriate language. You may publish these items if ALL of the following conditions are met.
- You are hosting your website on your own dedicated server.
- You only post content in a members only or pay area of your site in which users MUST login to access such content.
- You must verify that all who access the content are over the age of 18 and do not reside in an area in which such content is illegal.
- You may not violate any state, local, federal, or international laws. Simply put, the content must be legal for those who have access.
- Use of our services to distribute illegal, counterfeit, or stolen items. This includes but is not limited to illegal drugs or drug paraphernalia, counterfeit or otherwise misleading items, and stolen property.
- Use of our services to provide or distribute information or items related to hacking or data terrorism. This includes but is not limited to cable or satellite descramblers, software hacks, key generators or illegal serial numbers, or any other type of hacking or data terrorism. (You may however, publish an anti-hacking website). Also, any engagement in such activities may also subject you to criminal penalties in addition to termination of your account. This restriction applies whether or not you actively engage in such activity.
- Use of our services to maintain open mail relays. Also, you may not forward or propagate "chain" mail, SPAM, or mail that contains viruses or mail bombs.
- Use of our services to engage in Denial of Service attacks including but not limited to ping-flooding, half open TCP connection flooding, UDP Flooding, or transmitting packets with an illegal packet size.
- Use of our services in any manner that attempts to utilize any server resource in an unacceptable manner or utilize resources beyond allowable limitations including but not limited to any attempts to lockup the server, over-utilize server memory or processors, hack into other users' sites, over-utilize disk space, or otherwise shutdown or disrupt other users' web sites or resources contained on any server.
- Use of our services to provide, solicit, or otherwise distribute confidential information including but not limited to confidential passwords, credit card numbers, email addresses, or other personal information. Also, you may not defraud third parties into releasing their passwords or personal information.
- Use of our services to forge, misrepresent, delete, or otherwise defraud the source of any message headers or other data transmission. This includes but is not limited to concealing or misidentifying the origin of messages or data transmissions, email spoofing, or otherwise scrambling or altering message headers or data transmissions.
- Use of our services to establish, create, or otherwise make available any Internet Relay Chat Server.
- Use of our services to post a phishing website or any website that attempts to defraud visitors into submitting personal or billing information under false pretences.
- Use of our services in any manner which may subject us to any liability for any reason, known or unknown, seen or unforeseen, without limitation or might adversely affect our public image, reputation, or goodwill to do business.
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Child Pornography - effective date Jul 22nd, 2004
You may not use any services provided by us to publish or distribute child pornography via any method paid or public under United States Laws. There is a severe penalty for engaging in such activity and we have adopted a ZERO TOLERANCE policy to the enforcement of laws related to child pornography. We report any activities that may exploit, or display child pornography as required by law. You will not be notified that we may be working with law enforcement officials should this policy be violated. All violations will be prosecuted to the fullest extent of the law.
For more information about child pornography, please visit the web site of the National Center for Missing and Exploited Children at http://www.ncmec.org.
If you believe someone who uses our services has violated this law, please report it to us immediately!
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United States Export Laws - effective date Jul 22nd, 2004
Unites States export laws govern your use of any service provided by us. These laws apply to you, your end users, or any third party acting on you or your end users' behalf whether or not you actually reside in the United States. All our servers are located in the United States and as such anyone using these servers is subject to United States export laws. You may not use any of our services in any manner which violates these laws either directly or indirectly. Also, you may not engage in the sale of products outside the United States which are legal to sell in the United States but are illegal to export. You may also not provide services to those individuals residing outside the United States with whom it is illegal for US Citizens to do business.
For more information about United States export laws, please visit http://www.export.gov/exportcontrols.html.
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Privacy - effective date Jul 22nd, 2004
Privacy is one of our utmost concerns here. That is why there is an entire separate policy dedicated to maintaining your privacy. It details the practices taken by us to keep your personal information private and outlines any practices regarding such information. Our privacy policy can be found here.
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IP Addressing - effective date Jul 22nd, 2004
We will assign you one or more IP addresses which may or may not be shared with other clients. You may only use the IP address or addresses which is/are assigned to you. If you use IP addresses which are not assigned to you, your account will be suspended until such time as you use your assigned IP address(es). We may, in our sole discretion, change these numbers without any notice to you.
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Reselling - updated date Dec 15th, 2007
This section only applies if you wish to resell our products or services.
We currently have no reseller program, however, there may be certain volume discounts that may be applied in order to assist anyone who wishes to resell our products or services. Please contact us if you wish to resell our products or services. If you do decide to resell our products, you are ultmately responsible for the actions of those you resell to. Anyone who you resell to will also be bound to the terms and conditions stated in this policy and any other applicable policies posted on this site. In the case of a violation, you will be held responsible. It is your responsibility to hold your clients responsible for their actions and to enforce these policies.
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Domain Name Expiration - effective date Jul 22nd, 2004 - Updated Feb 14th, 2010
Please make sure that any domain names that are associated with a hosting plan do not expire. In the event that a domain name does expire, the corresponding hosting plan along with all website files, email accounts, databases, and any other data may be deleted from our system at any time. You are solely responsible for keeping up to date backups of your information, site files, databases, emails, and site settings in the event that your hosting plan is removed from our system. You agree to release us from all liability due to any data loss if your hosting plan becomes removed from our system for any reason.
If you have a current maintenance contract, then your domain name will be renewed automatically as outlined in your maintenance contract. However, if your domain is not registered with us, then we cannot renew it and it then becomes your responsibility to keep the domain name registration current. You can transfer your domain name to us at any time to take advantage of the automatic renewal stipulation in your maintenance contract. Please refer to your contract to determine if there are any costs or fees for automatic renewal service with your maintenance contract.
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Maintenance Contracts - effective date Feb 14th, 2010
This section only applies if you have a current maintenance contract. The terms of maintenance contracts are outlined in each individual contract. Please take a look at your contract to see what stipulations, terms, regulations, or other items are contained within. You agree to be bound by the terms of the contract until it is cancelled or ends as your maintenance contract is an extension of this policy.
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