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Professional Webmasters For Small Business Web Sites |
Professional Web Design ~ Web Hosting ~ Web Marketing ~ Small Business Web Specialists |
These
are the Acceptable Use Policies (AUP) of Click FX Web Service.
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Introduction |
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The primary purpose of Click Fx Web Service is to facilitate communication with the numerous computer networks commonly referred to collectively as "the Internet." It is Click FX's intention to allow the Company's users complete access to everything the Internet has to offer, with minimal or no interference from Click FX Web Service. |
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However, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for an Internet Service Provider, such as Click FX Web Service, to be blocked from use of another organization's systems due to violations of that system's guidelines. Because Click Fx Web Service runs multi-user systems, actions of one Click FX Web Service customer can have a severe impact on other customers' ability to use the system(s). This is unfair to all Click FX Web Service's users. |
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To this end, Click FX Web Service has developed these Acceptable Use Policies. They are intended to inform Click FX's Customers of what Click FX considers to be acceptable conduct in relation to the Internet, and to inform Customers what actions Click FX Web Service may take, with or without notice, in the event that Click FX Web Service becomes aware of inappropriate use of Click FX Web Service This AUP will be used to help Click FX Web Service system administrators deal with complaints from users of Click FX Web Service or other Internet-connected systems, and to determine when action should be taken.It is expected that all Click FX Web Service Customers will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of Click FX Web Service's technical resources, ability to continue to provide high quality service to its customers, and the protection of Click FX Web Service's reputation as a service provider. |
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| ACCESS TO
CLICK FX INTERNET SERVICES PROVIDED ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: |
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| 1. Warranties/Disclaimers | ||
Click Fx 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 Click FX Web Service or any information or software therein. You release Click FX Web Service from and Click FX Web Service 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 the Click FX Web Service services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Click FX Web Service's own negligence. Without limiting the generality of the foregoing, Click FX Web Service 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 Click FX Web Service services. In no event shall Click FX Web Service's aggregate liability exceed the amount paid by you to Click FX Web Service for the Click FX Web Service services. Use of any information obtained via Click FX Web Service's Internet service is at the user's own risk. Click FX Web Service specifically disclaims any responsibility for the accuracy or quality of information obtained through its services. |
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| 2. Security | ||
The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. Click FX Web Service will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. Click FX Web Service is not liable for any usage and or charges prior to Click FX Web Service making the necessary account alteration. Electronic mail on this system is as private as we can make it. Click FX Web Service's Customers are reminded that no computer network or web site can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted and even encrypted information is only as secure as the encryption method utilized. |
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| 3. Personal Files | ||
Click FX Web Service is not responsible for any Customer's personal files residing on Click FX Web Service The Customer is responsible for independent backup of the Customer's data that is stored on Click FX Web Service Click FX Web Service reserves the right to delete any Customer's personal files after one or both parties terminates the service agreement between Click FX Web Service and the Customer. |
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| 4. Non-Transferability of Account | ||
The right to use Click FX Web Service's Internet service is not transferable. Use of Click Fx Web Service accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time. |
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| 5. Network Address Ownership | ||
Any network address assignments issued by Click FX Web Service (i.e., IP addresses and Class C address space) are the property of Click FX Web Service and are considered to be loaned to its customers. In the event service with Click FX Web Service is discontinued for any reason, such addresses will revert to Click FX Web Service. If a Customer of Click FX Web Service participates in a service of Click FX Web Service which provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned Domain Name, but not the IP address to which it was assigned by Click FX Web Service. |
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| 6. Compliance with all Laws | ||
Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the Commonwealth of Virginia, State of California, and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on Click FX Web Service's service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on Click Fx Web Service. The Customer shall defend, indemnify and hold harmless Click FX Web Service from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the Click FX Web Service service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with Click FX Web Service or Click FX Web Service's Acceptable Use Policies. At Click FX Web Service's discretion, Click FX Web Service service may revoke any Customer's access to Click FX Web Service services or accounts for inappropriate usage. |
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| 7. Unacceptable Conduct | ||
The
following types of conduct are grounds for immediate suspension of service pending
investigation by Click FX Web Service and may result in termination of the account(s) the
investigation determines to have originated or transmitted these types of traffic. In
addition, Click FX Web Service reserves the right, where feasible, to implement technical
mechanisms which block multiple postings by a Click FX Web Service Customer as described
in (a) and (b) below
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| 8. Excess Utilization of System or Network Resources | ||
Click FX Web Service account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event Click FX Web Service determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by E-Mail. If the excess use continues for more than 48 hours after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by Click FX Web Service to adversely affect Click FX Web Service's ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-Mail as soon as practicable. |
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| 9. Compliance with Rules of Other Networks | ||
Any access to other networks connected to Click FX Web Service's Internet service must comply with the rules for that other network as well as with Click FX Web Service's rules. |
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| 10. Monitoring/Privacy | ||
Click FX Web Service reserves the right to monitor any and all communications through or with Click FX Web Service facilities. Customer agrees that Click FX Web Service is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for Click FX Web Service employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. Click FX Web Service also reserves the right to access a Customer's mailbox or other files stored on Click FX Web Service systems to resolve system problems or mail system errors. |
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| 11. Cooperation with Authorities | ||
Click FX Web Service reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity. |
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| 12. Confidentiality of Personal Subscriber Information | ||
Click FX Web Service will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that Click FX Web Service's judgment as to the validity of any court order of subpoena shall be considered proper and final. |
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| 13. Click FX Web Service's Right to Suspend or Cancel Account | ||
Click FX Web Service reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Click FX Web Service that the Customer may be performing activities harmful to Click FX Web Service or its Customers, employees, vendors, business relationships or any other users of the Internet. |
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| 14. Right to Damages | ||
Click FX Web Service reserves the right to collect damages (software, hardware and man hours) if any harm is done to Click FX Web Service which requires repair or reconfiguration of any kind. In the event a Clients account is turned over to a collection agency, Client accepts and acknowledge that the Client will be responsible for all applicable fees Click FX Web Service incurs related to the collection of monies due Click FX Web Service. |
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| 15. Other Remedies/Non-Waiver | ||
Nothing contained in these policies shall be construed to limit action Click FX Web Service may take or remedies available to Click FX Web Service in any way with respect to any of the described conduct. Click FX Web Service reserves the right to take any additional actions Click FX Web Service may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Click FX Web Service service, and levying cancellation charges to cover Click FX Web Service's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Click FX Web Service reserves at all times all rights and remedies available to Click FX Web Service with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Click FX Web Service reserves the right to enforce such policy or rule at its sole discretion. |
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| 16. Click FX Web Service's Right to Change Service | ||
Click FX Web Service reserves to right to change without notice the Click FX Web Service service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered. |
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| 17. Click FX Web Service's Right to Modify its Acceptable Use Policies | ||
Click FX Web Service may modify its Acceptable Use Policies upon notice published online via Click FX Web Service. Customer's use of Click FX Web Service services after such notice shall constitute Customer's acceptance of the modifications to these policies. |
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Service
Copyrights © 2003 Click FX, Inc. All Rights Reserved