October 25, 2002 – (version 1.0)
This represents the Hi-Tech Computer Services User Agreement
Policy (“UAP”) in its entirety and supercedes any other written or
oral policy. This policy defines the terms and conditions all Users agree
to when using all services provided by Hi-Tech Computer Services. Hi-Tech
Computer Services reserves the exclusive right to revise, change or amend
any portion of this Policy at any time, without advance notice to any
Users or advertiser.
Users using any services offered by Hi-Tech Computer Services consent
to be bound by and must comply with all policies in this UAP and any
amendments thereto. At the sole discretion of Hi-Tech Computer Services
and without notice, any violators of this UAP may be permanently prevented
from using the service, or face potential legal prosecution.
1. INTERPRETATION
The provisions of this Policy are intended as guidelines and not meant
to be exhaustive. In general, any conduct that violates any laws,
regulations, or any of the accepted norms of the Internet community,
whether or not expressly mentioned in this Policy, is strictly prohibited.
Hi-Tech Computer Services reserves the exclusive right at any and all
times to prohibit activities that in any way damage its commercial
reputation and/or goodwill.
2. NETWORK RESTRICTIONS
Activities strictly prohibited:
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Tampering with other accounts, or committing unauthorized
intrusions into any part of our network, or use of any servers, files,
accounts to intrude without authorization into any other system or systems
is strictly prohibited.
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Using accounts not provided or intended for use by User, or
circumventing security provisions in order to access services without
incurring charges.
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Using the system in a manner that unfairly encumbers disk space,
processors or other system resources beyond those provided as part of
the service or services purchased.
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Making deliberate attempts to interfere with a service, overload a
service or attempt to disable any service.
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Sending commercial email to a recipient if recipient has requested
that User discontinue such communication.
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Transmitting email that is harassing, libelous, defamatory, legally
obscene or pornographic, threatening, abusive or hateful to
non-consenting recipients.
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Forging email header information in any way.
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Using a User’s account, or network connection, to collect email
replies of messages sent from any other provider that violates the
rules of this Policy or those of the originating provider.
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Sending unsolicited email messages (“Spamming”), including,
without limitation, commercial advertising and informational
announcements, is explicitly prohibited. A User shall not use another
site’s mail server to relay mail without the express permission of
the site. |
3. GENERAL POLICIES
All Users agree to abide by the following general provisions:
| All services provided to the User by Hi-Tech Computer Services may
only be used for lawful purposes. Transmission, distribution or
storage of any material in violation of any applicable law or
regulation is strictly prohibited. This includes, without limitation,
material protected by copyright, trademark, trade secret or other
intellectual property right used without proper authorization, and
material that is obscene, defamatory, constitutes an illegal threat,
or violates export control laws.
| Hi-Tech Computer Services reserves the right, at its sole discretion
and without notice, to prevent a User from accessing the service at
anytime if a violation of this UAP is determined. Hi-Tech Computer
Services will be the sole arbiter as to what constitutes a violation
of any and all sections of this policy.
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| All services provided by Hi-Tech Computer Services are provided on
an “as is” basis. Hi-Tech Computer Services gives absolutely no
warranty, expressed or implied, for any service(s) provided,
including, and without limitation, warranty of merchantability and
warranty of fitness for a particular purpose. This expressly includes
any financial reimbursement, of any kind, for losses of income due to
disruption of service by Hi-Tech Computer Services or its providers.
| User acknowledges that Hi-Tech Computer Services is not responsible
for any damages arising from the User’s use of any service(s)
provided by Hi-Tech Computer Services or User’s inability to use any
service(s) for any reason.
| Hi-Tech Computer Services is not responsible in anyway for the
content a User hosts on our servers, or for the reliability of
the transmission of data across or through our network. It is
the sole responsibility of the User to back-up all content that is
hosted on Hi-Tech Computer Services servers.
| User hereby agrees that any material submitted for publication or
transmission on our network will not contain anything leading to an
abusive or unethical use of the service. Abusive and unethical
materials include, but are not limited to pornography, obscenity,
nudity, violations of privacy, computer viruses, and any defamatory,
harassing and harmful materials or uses. User hereby agrees to
indemnify and hold harmless Hi-Tech Computer Services, its directors,
officers and employees from any claim(s) resulting from your
publication of materials or your use of those materials. Hi-Tech
Computer Services, at its sole discretion, may or may not give notice
before deactivating or preventing any customer from accessing our
network when a violation this UAP is determined in anyway.
| Due to the public nature of the Internet, all information should be
considered generally accessible to the public and important or private
information should be treated carefully. Hi-Tech Computer Services is
not liable for protection or privacy of electronic mail or other
information transferred through the Internet or any other network its
Users may utilize.
| Use of any information obtained via Hi-Tech Computer Services
network is at your own risk. Hi-Tech Computer Services specifically
denies any responsibility for the accuracy or quality of information
obtained through its services.
| Use of other organizations' networks or computing resources is
subject to their respective permission and usage policies.
| If Hi-Tech Computer Services prevents or permanently bans a User
from using the service for any reason, User agrees not to re-register
without Hi-Tech Computer Services written consent.
| The User agrees to defend, hold harmless, and expeditiously
indemnify Hi-Tech Computer Services from any and all liability, claim,
loss, damage or expense arising out of User's breach or violation of
any covenant contained in this Policy, or resulting from the User's
use of the service.
| User agrees to waive and hold Hi-Tech Computer Services harmless
from any claims relating to any action taken by Hi-Tech Computer
Services as part of an investigation into a suspected violation of
this Policy or as a result of its conclusion that a violation of this
Policy has occurred. Therefore, User cannot sue or recover any damages
whatsoever from Hi-Tech Computer Services as a result of the decision
to remove material from its server, or to suspend or terminate a
User's account.
| Hi-Tech Computer Services reserves the right to kill off CPU or any
other resource intensive process, including but not limited to
bandwidth, disk usage, etc…
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4. PROPRIETARY RIGHTS
User acknowledges and agrees that Hi-Tech Computer Services and any and
all related software used in connection with our services contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. Further, the User acknowledges and
agrees that all content in sponsor advertisements or information presented
through our network or any of their advertisers is protected by copyright,
trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by Hi-Tech Computer Services or any of
their advertisers, the User agrees not to modify, rent, lease, loan, sell,
distribute or create derivative works based on our network in whole or in
part.
User must also not copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right of our network. User agrees not to modify the network
in any manner or form, or to use modified versions of the network,
including (without limitation) for the purpose of obtaining unauthorized
access to our network. User further agrees not to access our network by
any means other than through the interface that is provided by Hi-Tech
Computer Services to access the service.
5. RESELLER POLICY
User agrees not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of Hi-Tech Computer Services
product/services, or access to access our network without the written
explicit and expressed permission of Hi-Tech Computer Services.
6. LINKS TO ADVERTISERS
Hi-Tech Computer Services may provide links to Users for other websites or
resources that advertise on our network. All correspondence or business dealings
that a User has with any advertisers found on our network, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
the User and such advertiser. User agrees that Hi-Tech Computer Services shall
not be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such advertisers
on our network.
7. POLICY ENFORCEMENT
When Hi-Tech Computer Services becomes aware of any alleged violation
of this UAP, Hi-Tech Computer Services will immediately initiate an
investigation. Hi-Tech Computer Services, may at its own discretion
anytime during an investigation, restrict a User’s access in order to
prevent any further possible unauthorized activity. Depending on the
severity of the violation, Hi-Tech Computer Services may, at its sole
discretion, restrict, suspend, or terminate a User’s account and/or
pursue other legal remedies. If such violation is a criminal offense,
Hi-Tech Computer Services will promptly notify the appropriate law
enforcement department of such violation.
8. REPORTING ABUSE OF THIS AGREEMENT
Any party seeking to report any violations of this policy may send an
email to: support@pccobol.com
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