LEGAL STATEMENT AND
ACCEPTABLE USE POLICY OF
WWW.SENNEX.COM and
all sites hosted by Sennex, Inc:
This Acceptable Use
Policy is used in conjunction with the terms of your service agreement.
Violating any of these policies grants Sennex the authority to take action to
restrict or terminate your access to Sennex Services. We reserve the right, at
our discretion and at any time, to update or revise this policy, any other
policy or statement on any Sennex website, and any product or service offerings
or programs described on any Sennex website. Please check back periodically to
review any changes to this policy.
RELEASE
Sennex disclaims, to
the maximum extent permitted by law, all warranties, representations or other
endorsements, express or implied, with regard to the information accessed from,
or through, this service, the systems which provide it, and the Internet,
including all warranties of merchantability or fitness for a particular use, or
non-infringement of any third-party rights. Sennex does not assume any liability
for the completeness, accuracy or usefulness of any information disclosed or
materials accessed. In no event shall Sennex (or any persons or entities related
thereto) be liable for any special, indirect, or consequential damages
associated with or arising from use of this service in any way, including any
loss of use, data or profits, regardless of the form of action.
LAWFUL
AND ACCEPTABLE USE
You must use this
site and all Sennex Services in accordance with the terms of this policy and
your Sennex Service Agreement, and in accordance with all federal, state and
local laws, ordinances, and regulations. Use of this site or the Sennex Services
for any purpose that is unlawful or in any manner which could damage, disable,
overburden or impair the operation of this site, or Sennex Services, or any
other party's use or enjoyment of this site or Sennex Services, is strictly
prohibited.
Your hosted site as
well as participation in online communication is not edited, censored or
otherwise controlled by Sennex. However, Sennex reserves the right to monitor
content on your hosted site and to remove content which Sennex, in its sole
discretion, determines to be harmful, offensive, or otherwise in violation of
this Acceptable Use Policy.
Specifically, you may
not: Attempt to use or gain unauthorized access to data, accounts, hosts,
systems or networks of this site, or to probe, scan or test the vulnerability of
a system or network of this site, any Sennex Services or those of any other
party; Interfere with service to any user, host or network including, without
limitation, mail-bombing, flooding, and attempting to deliberately overload the
system; Forge any TCP-IP packet header or any part of the header information in
an e-mail or a newsgroup posting; Falsify address information or otherwise
modify e-mail headers to conceal the sender's or the recipient's identity; Use
this site or Sennex Services to engage in activities that violate any terms or
conditions of any other network access provider or Internet service provider.
Unacceptable use also
includes any occurrence of pornography, including legal pornography, as well as
software "cracks" and "warez," posted serial numbers of
software, or descriptions on the topic of acquiring illegal software, links to
sites that contain such information, or any other content which Sennex deems
unethical, immoral, or offensive including any content which is: unlawful,
threatening, abusive, harassing, libelous, defamatory, obscene, deceptive,
fraudulent, invasive of another's privacy, tortuous, or maliciously inaccurate.
Also disallowed is any content that: Victimizes, harasses, degrades, or
intimidates an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, disability or any other
reason; 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; or Constitutes
unsolicited duplicative e-mail (commercial or otherwise). This prohibition
extends to the sending of unsolicited mass e-mailings (spam) from another
service that in any way implicates the use of this site or Sennex Services,
Sennex equipment or any Sennex e-mail address. A communication is unsolicited if
it is posted in violation of a newsgroup charter, or if it is sent to a
recipient who has not requested receipt of communications, contains viruses,
corrupted files, or any other similar software or programs that may damage the
operation of another's computer. It is also forbidden to: attempt to gain
illegal or unauthorized access to other computers or networks; access illegally
or without authorization computers, accounts, or networks belonging to another
party, or attempting to penetrate security measures of another individual's
system ("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). In addition to having the right to remove
offending material, Sennex retains the right to cancel service at any time
following the occurrence of such incidents. Accounts canceled due to spam will
be billed a clean-up fee of $600.
Because Sennex cannot
monitor or censor the Internet as a whole, and will not attempt to do so, Sennex
cannot accept any responsibility for injury to its subscribers that results from
inaccurate, unsuitable, offensive, or illegal Internet communications, but it
will do all that it can to prevent this type of material from being physically
stored on its equipment. The responsibility for avoiding the harmful activities
just described rests primarily with the subscriber. Sennex will not, as an
ordinary practice, monitor the communications of its subscribers to ensure that
they comply with Sennex policy or applicable law. When Sennex becomes aware of
harmful activities, however, it may take any action to stop the harmful
activity, including but not limited to; removing information, shutting down a
web site, implementing screening software designed to block offending
transmissions, denying access to the Internet, or take any other action it deems
appropriate.
COPYRIGHT
The Sennex name,
Sennex logo, other related names, design marks, product names, feature names and
related logos are trademarks of Sennex Inc., and may only be used with the
express written permission of Sennex. If any Sennex page, information or content
is copied, it may only be copied for non-commercial uses and Sennex shall, in
any event, retain all copyright and other proprietary interests therein.
If you use a domain
name in connection with Sennex web hosting, or any other web hosting service,
you must not use that domain name in violation of any trademark, service mark,
or similar rights of any third party.
SYSTEM ABUSE
System abuse is not
allowed. This includes, but is not limited to, excessive use of CPU resources or
disk space, installing IRC bots, CGI scripts sharing with domains outside of the
Sennex Network, or using disproportionate amount of system resources for CGI
Scripts. Sennex Network will determine what constitutes system abuse.
DIAL-UP USE
When accessing Sennex
Services via dial-up, you must not use Sennex Services to operate server
programs, including but not limited to, mail, IRC, ftp or Web servers. You must
not use dial-up access on a standby or inactive basis in order to maintain a
connection. The use of automated electronic or mechanical processes to maintain
a constant connection, such as the use of an auto-dialer, persistent checking of
e-mail or "pinging" the host, is prohibited.
INDEMNIFICATION/DISCLAIMER
Sennex Inc. does not
guarantee that our services will be 100% uninterrupted and will not be held
liable for any claims resulting from the use or the inability to use Sennex
services including, but not limited to, service interruptions, Internet
connectivity problems, unauthorized access to Sennex servers, domain name
registrar problems, DNS caching, Internet bandwidth congestion, power failures
and natural disasters.
TERMINATION
Sennex reserves the
right, in its sole discretion, to terminate or temporarily suspend your access
to Sennex Services or any portion thereof at any time, without notice, in the
event you violate any terms, conditions or notices contained in this Acceptable
Use Policy. In the event of such termination, you will not receive any refund or
credit for the amounts paid to Sennex. Additionally, termination for violation
of this policy may also result in termination charges being assessed against
you.
Please send reports
of any activity in violation of this Acceptable Use Policy to steve@sennex.com.
Sennex will investigate incidents involving such violations and may involve and
will cooperate with law enforcement officials if a criminal violation is
suspected. Any such violation may result in criminal and civil liability.
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