|
1. Introduction
1.1 Elite Host
does not actively monitor nor does Elite Host exercise editorial control
over the content of any web site, electronic mail transmission, mailing
list, news group or other material created or accessible over Elite Host
services. However, Elite Host reserves the right to deny service to, revoke
service of, and/or remove any materials Elite Host does become aware of that
are, in Elite Host's sole discretion, potentially illegal, could subject
Elite Host to liability, or violate this Acceptable Use Policy ("Policy").
Your violating this Policy may result in the suspension or cancellation of
your Elite Host services.
2. Policies
The following are
violations of Elite Host's acceptable use policies:
2.1. Using Elite
Host services for illegal purposes or in support of illegal activities.
Elite Host 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:
2.1.1. 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.
2.1.2. Exporting
software or technical information in violation of U.S. export control laws.
2.1.3. Posting or
emailing of scams such as 'make-money-fast' schemes or
'pyramid/chain'letters.
2.1.4. Threatening
bodily harm or property damage to individuals or groups.
2.1.5. Making
fraudulent offers of products, items, or services originating from your
account.
2.1.6. Attempting
to access the accounts of others, or attempting to penetrate security
measures of Elite Host's or other entities' systems ("hacking"),
whether or not the intrusion results in corruption or loss of data.
2.3. Harassing
others by 'mail-bombing' or 'news-bombing'. 'Mail-bombing' constitutes
sending more than ten (10) similar mail messages to the same email address.
'News bombing' constitutes sending more than 10Mb of data to a newsgroup.
2.3.1. Sending
unsolicited email messages where the recipient objects to the content of the
message or to the receipt of the message in general is also prohibited under
this Section.
2.3.1.1. Member
acknowledges that he/she/it is expressly prohibited from utilizing Elite
Host's service, Elite Host's equipment or any Elite Host's electronic mail
address in connection with the sending of the same or substantially
similar unsolicited electronic mail message, whether commercial or not, to a
large number of recipients. This prohibition extends to the sending of
unsolicited mass mailings from another service which in any way implicates
the use of Elite Host's service, Elite Host's equipment or any Elite
Host's electronic mail address.
2.3.1.2. A message
is unsolicited if it is posted in violation of a USENET or newsgroup charter
and /or if it is sent to a recipient who has not requested or invited the
message. For purposes of this provision, merely making one's e-mail address
accessible to the public shall not constitute a request or invitation to
receive messages.
2.3.1.3. Member
specifically agrees that he/she/it will not utilize the Elite Host service,
Elite Host's equipment or any Elite Host electronic mail address in
connection with the transmission of the same or substantially similar
unsolicited message to 50 or more recipients or 15 or more newsgroups in a
single day. For each day upon which this provision is violated, Member
agrees to pay Elite Host $10.00 per day for an unintentional violation of
this provision, but where warranted, such as in the case of an accidental
transmission, Elite Host may waive all or part of the applicable charge. In
cases of willful violations of this provision, Member agrees to pay
Elite Host $200.00 per day. Elite Host at its sole discretion shall
determine whether such a violation was unintentional or willful. Payment by
member under this provision shall not prevent Elite Host from seeking to
obtain other legal remedies against member, including other damages or an
injunction.
2.4. Forging any
message header, in part or whole, of any electronic transmission,
originating or passing through Elite Host services.
2.5. Distributing
viruses to or from Elite Host systems.
2.6. Cross-posting
advertisements for products, items, or services to ten (10) or more
unrelated USENET newsgroups using your Eite Host e-mail account.
2.7. Posting
articles to any USENET or other newsgroup, mailing list or similar forum
which are off-topic according to the charter or other public statement of
the forum using your Elite Host e-mail account.
2.9. Disrupting
any newsgroup with frivolous, excessively vulgar, or repetitious postings
using your Elite Host e-mail account.
2.10. Posting of
binary, or excessively large, unrelated text files to non-binary news groups
that have specifically requested such material not be posted in the group's
FAQ (Frequently Asked Questions) using your Elite Host e-mail account.
2.12. Engaging in
any of the above activities using the service of another provider but
channeling such activities through an Elite Host account or re-mailer, or
using an Elite Host account as a mail drop for responses.
3. Elite Host
Assumes No Liability
Elite Host has no
practical ability to restrict all conduct, communications or content which
might violate this Policy prior to its transmission on Elite Host's systems,
nor can Elite Host ensure prompt removal of any such communications or
content after transmission or posting. Accordingly, Elite Host does not
assume liability to subscribers or others for any failure to enforce the
terms of this Policy.
4. Revisions to
this Policy
Elite Host reserves the
right to modify this Policy at any time upon at least thirty (30) days prior
notice. Notice of modifications to this Policy may be given to subscribers
by posting such changes to the Elite Host homepage
(http://www.elitehost.com), by electronic mail, or by conventional mail.
Customer agrees that it
shall defend, indemnify, save and hold Elite Host harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable attorney's
fees asserted against Elite Host, its agents, its customers, officers and
employees, that may arise or result from any service provided or performed or
agreed to be performed or any product sold by customer, its agents, employees or
assigns. Customer agrees to defend, indemnify and hold harmless Elite Host
against liabilities arising out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection with Elite Host's
server; (2) any material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party; (3) copyright infringement and (4)
any defective products sold to customer from Elite Host's server.
Elite Host will not be
responsible for any damages your business may suffer. Elite Host makes no
warranties of any kind, expressed or implied for services we provide. Elite Host
disclaims any warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, nondeliveries, wrong delivery,
and any and all service interruptions caused by Elite Host and its employees.
Elite Host reserves the right to revise its policies at any time upon at least
thirty (30) days prior notice. Notice of modifications to this Policy may
be given to subscribers by posting such changes to the Elite Host homepage
(http://www.elitehost.com), by electronic mail, or by conventional mail.
©1994 -1997 Elite Web
Design and Marketing. All Rights Reserved.
Elite Host is a wholly owned
subsidiary of Elite Web Design and Marketing.
| 
