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1. Introduction
The goal of
SaLmAn's is
to provide the best service possible for an enjoyable Internet
experience. This Acceptable Use Policy ("AUP" or "Policy") is
designed to keep SaLmAn's and the Internet enjoyable and useful for
all of our subscribers. Violation of this Policy may result in
suspension or cancellation of SaLmAn's services. SaLmAn's is committed
to and supports the free exchange of information and ideas over the
Internet. SaLmAn's does not actively monitor nor does SaLmAn's
exercise editorial control over the content of any web site,
electronic mail transmission, mailing list, news group or other
material created or accessible over SaLmAn's servers. However,
SaLmAn's reserves sole discretionary rights to remove any materials
deemed potentially illegal, harmful to SaLmAn's business operations
or equipment, or in violation of any part of this AUP or of the
standard SaLmAn's Internet Agreement. Use of SaLmAn's 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.
SaLmAn's 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 SaLmAn's, 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 SaLmAn's. 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 SaLmAn's,
have their account(s) terminated without notice and are subject to a
maximum clean-up/disconnection fee. Additionally, SaLmAn's 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 SaLmAn's will notify the Client immediately of the
violation. The second violation of this policy may, at the
discretion of SaLmAn's, 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
SaLmAn's 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 SaLmAn's or any information or software therein. You
release SaLmAn's from and SaLmAn's 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 SaLmAn's 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
SaLmAn's own negligence. Without limiting the generality of the
foregoing, SaLmAn's 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 SaLmAn's services. In no
event shall SaLmAn's aggregate liability exceed the amount paid by
you to SaLmAn's for the SaLmAn's services. Use of any information
obtained via SaLmAn's Internet service is at the user's own risk.
SaLmAn's 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 SaLmAn's the right to use such trademarks in connection with
SaLmAn's Network's service.
Client agrees not to
modify any copyright notices in features (Perl programs, etc.)
provided by SaLmAn's. Modification of scripts provided by SaLmAn's 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 @SaLmAnCh.com or any
domain name hosted with SaLmAn's 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 SaLmAn's
but the mail message makes mention of a website hosted with SaLmAn's.
SaLmAn's 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,SaLmAn's 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). SaLmAn's reserves the right to
terminate a client's mailing program, whether provided by SaLmAn's
or not, immediately and without notification to client if said list
causes a problem with the e-mail services of other clients. SaLmAn's 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, SaLmAn's 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. SaLmAn's
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 SaLmAn's, 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 SaLmAn's may not be used to impersonate another person
or misrepresent authorization to act on behalf of others or SaLmAn's
All messages via SaLmAn's 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
SaLmAn's Network's server for mass e-mail or "spamming" purposes.
b. SaLmAn's may discontinue servicing any Plan, or may require
fulfillment of terms or conditions SaLmAn's may choose to impose as a
prerequisite for continuing to service any such Plan. Such
discontinuation or requirement may not be unreasonable, however, and
SaLmAn's agrees to provide Customer with reasonable notice by Email
and fax of any such intent to discontinue or impose certain
conditions.
c. SaLmAn's Network's services may not be used for illegal
purposes, or in support of illegal activities. SaLmAn's 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 SaLmAn's
services.
(vii). Distributing viruses to or from SaLmAn's systems.
6. Limited
Liability
a. Client
expressly agrees that use of SaLmAn's' Network's Server is at
Client's sole risk. Neither SaLmAn's, its employees, agents,
resellers, third party information providers, merchants licensers or
the like, warrant that SaLmAn's 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 SaLmAn's
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 SaLmAn's, its offices, agents or any one else involved in creating,
or distributing SaLmAn's Server service be liable for any direct,
indirect, incidental, special or consequential damages that result
from the use of or inability to use the SaLmAn's 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
SaLmAn's records, programs or services. Client hereby acknowledges
that this paragraph shall apply to all content on SaLmAn's Servers.
7. SaLmAn's Right
to Change Service
SaLmAn's reserves to
right to change without notice the SaLmAn's service, including, but
not limited to, hours of operation, menu structures, commands,
documentation and vendors.
8. SaLmAn's Right
to Modify its Acceptable Use Policies
SaLmAn's may at any
time, revise the Acceptable Uses Policy with advanced notice given
to clients. Renewal of an account with SaLmAn's 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 SaLmAn's harmless from any
demands, liabilities, losses, costs and claims, including reasonable
attorneys' fees, ("Liabilities") asserted against SaLmAn's, 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
SaLmAn's against Liabilities arising out of
a. any injury to person or property caused by any products
sold or otherwise distributed in connection with SaLmAn's 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 SaLmAn's 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 webserver. Client agrees to accept responsibility
for programs executed under his/her account, regardless of who
authored the program. The use of cgi or php chat scripts or pages is
strictly prohibited.
SaLmAn's provides an acceptable chat
programs for clients with Unix Standard + accounts at no charge.
SaLmAn's reserves the right to suspend accounts without notice to
clients who violate these terms. SaLmAn's has sole discretion
over what constitutes excessive usage.
Programs provided by SaLmAn's as an installable feature are
not exempt from this policy. While every efforts is made on SaLmAn's end to ensure the program it provides are efficient,
problems with excessive usage on particular programs may occur. |
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