Conditions of Use

General Conduct

The ProSiteServer network, including the websites operated by ProSiteServer (collectively, the "ProSiteServer Network"), may be used only for lawful purposes. Users may not use the ProSiteServer Network in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or (c) that is obscene, threatening, abusive or hateful.

System and Network Security

Users are prohibited from violating or attempting to violate the security of the ProSiteServer Network, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading "flooding", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. ProSiteServer will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in who are involved in such violations.

E-Mail

Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ("spam") in a way that could be reasonably expected to adversely impact the ProSiteServer Network, including, without limitation, using an e-mail account on ProSiteServer's network to send spam, or using the service of another provider to send spam or to promote a site hosted on or connected to the ProSiteServer Network. In addition, Users may not use the ProSiteServer Network in order to (a) send e-mail messages which are excessive and/ or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data.

Child Pornography

ProSiteServer will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the ProSiteServer network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. No credits will be issued for any interruption in service resulting from policy violations. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at icpicc@customs.treas.gov

Responsibility and Liability

ProSiteServer takes no responsibility for any material input by others and not posted to the ProSiteServer Network by ProSiteServer. ProSiteServer is not responsible for the content of any other websites linked to the ProSiteServer Network; links are provided as Internet navigation tools only. ProSiteServer assumes no liability for any financial or personal consequences from a lapse in service due to network issues outside the realm of ProSiteServer control, including, but not limited to: hardware failure, uplink or network issues or outages, user or client FTP posting errors, etc. Therefore, we strongly recommend users, administrators, and developers to back up and data or web site contents. ProSiteServer cannot guarantee any content or media preservation in the event of the aforementioned events. All site data is baked up to mirror drives, but this does not guarantee total protection.

Suspension; Termination

Any User which ProSiteServer determines to have violated any element of this Acceptable Use Policy shall receive a written warning, and may be subject at ProSiteServer's discretion to a temporary suspension of service pending such User's agreement in writing to refrain from any further violations; provided, however, that if ProSiteServer deems it necessary, it may immediately suspend or terminate such User's service without issuing such a warning. Users which ProSiteServer determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

Privacy

Any User interacting with our site and providing ProSiteServer with name, address, telephone number, e-mail address, domain name or URL or any other personally identifiable information permits ProSiteServer to use such information for commercial purposes of its own, including contacting users about products and services which may be of interest. ProSiteServer does not sell, rent or otherwise disclose its mailing lists to third parties.

ProSiteServer reserves the right to revise its policies at any time.