Clients agree not to hold CloseRange responsible for any damages your
business may suffer, either during the service period or after it has
expired. CloseRange disclaims any warranty or merchant- ability of fitness
for a particular purpose, and makes no warranties of any kind, expressed
or implied for the services provided. This includes loss of data resulting
from alleged delays, non-deliveries, wrong delivery, and any and all service
interruptions cause by the Internet, CloseRange servers, or CloseRange
employees.
CloseRange reserves the right to revise any and all of its policies at
any time. We also reserve the right refuse service to anyone. It is assumed
that clients understand that CloseRange may not be used for any unlawful
purpose, and that transmission of any material in violation of the law,
or potentially damaging to the interests of our local and Federal governments,
are not permitted. It is also assumed that clients will not use their
web sites to attack or otherwise defame other people or companies on the
Internet. While we do not actively police the material content of sites
hosted by CloseRange, we do not sanction the use of services for malicious
attacks on other, wrongful or otherwise.
CloseRange reserves the right to suspend
or cancel a customer's access to any or all services provided by CloseRange
when it becomes apparent that account has been improperly used, or
when fees owning to CloseRange have become delinquent. Unauthorized
use of other CloseRange accounts, unsolicited commercial E-mail advertising,
spamming of any kind, unlawful content or unlawful use, adult content
and obscene language or images, are additional grounds for immediate
cancellation. In addition, racism and racial slurs of any nature will
not be tolerated.
Services to clients are provided in good
faith, and it clients are expected to conduct themselves in a similar
manner. However, when a customer violates a policy or agreement, either
knowingly or otherwise, that customer's account may be subject to
termination. Absolutely no refunds will be made to any accounts that
have been canceled due to violation of our policies or agreements.
See below for an additional list of unacceptable activities what is
not permitted:
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Spamming --
Sending unsolicited bulk and/or commercial messages over the Internet
(known as "spamming"). It is not only harmful because of its
negative impact on consumer attitudes toward CloseRange and any of it's
affiliates, but also because it can overload CloseRange and/or it's
affiliates network and disrupt service to CloseRange subscribers. Also,
maintaining an open SMTP relay is prohibited. When a complaint is received,
CloseRange has the discretion to determine from all of the evidence
whether the e-mail recipients were from an "opt-in" amyl list.
Intellectual
Property Violations -- Engaging in any activity that infringes or
misappropriates the intellectual property rights of others, including
copyrights, trademarks, service marks, trade secrets, software piracy,
and patents held by individuals, corporations, or other entities. Also,
engaging in activity that violates privacy, publicity, or other personal
rights of others. CloseRange is required by law to remove or block access
to customer content upon receipt of a proper notice of copyright infringement.
It is also CloseRange's policy to terminate the privileges of customers
who commit repeat violations of copyright laws.
Obscene Speech
or Materials -- Using CloseRange's network to advertise, transmit,
store, post, display, or otherwise make available child pornography
or obscene speech or material. CloseRange is required by law to notify
law enforcement agencies when it becomes aware of the presence of child
pornography on or being transmitted through CloseRange's network.
Defamatory or
Abusive Language -- Using our network as a means to transmit or
post defamatory, harassing, abusive, or threatening language.
Forging of Headers
-- Forging or misrepresenting message headers, whether in whole
or in part, to mask the originator of the message.
Illegal or Unauthorized
Access to Other Computers or Networks -- Accessing illegally or
without authorization computers, accounts, or networks belonging to
another party, or attempting to penetrate security measures of another
individual's system (often known as "hacking"). Also, any
activity that might be used as a precursor to an attempted system penetration
(i.e. port scan, stealth scan, or other information gathering activity).
Distribution
of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
-- Distributing information regarding the creation of and sending
Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing,
or denial of service attacks. Also, activities that disrupt the use
of or interfere with the ability of others to effectively use the network
or any connected network, system, service, or equipment.
Facilitating
a Violation of this AUP -- Advertising, transmitting, or otherwise
making available any software, program, product, or service that is
designed to violate this AUP, which includes the facilitation of the
means to spam, initiation of pinging, flooding, mailbombing, denial
of service attacks, and piracy of software.
Export Control
Violations -- Exporting encryption software over the Internet or
otherwise, to points outside the United States.
Usenet Groups
-- CloseRange and it's affiliates reserves the right not to accept postings
from newsgroups where we have actual knowledge that the content of the
newsgroup violates the AUP.
Other Illegal Activities
-- Engaging in activities that are determined to be illegal, including
advertising, transmitting, or otherwise making available ponzi schemes,
pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities
-- Engaging in activities, whether lawful or unlawful, that CloseRange
and/or its affiliates determines to be harmful to its subscribers, operations,
reputation, goodwill, or customer relations.
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