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Acceptable
Use Policy
EBTCO
(Last updated November 12, 2003)
1. Scope. This Acceptable Use Policy ("AUP") is
intended to provide a general understanding of EBTCO's policy on
the Acceptable Use of its Web Site Hosting Services, Dedicated Servers,
e-Commerce Services and other services (collectively, "Services").
This AUP is incorporated by reference into each contract EBTCO enters
into with our clients (each, a "Client") for the use of
such Services. EBTCO may modify this AUP at any time without notice.
In addition, this AUP is incorporated by reference into the Terms
and Conditions applicable to EBTCO's Web site so that no person
who utilizes EBTCO's Web site (regardless of whether that person
is a Client) may take any action utilizing EBTCO's Web site that
a Client would be prohibited to take utilizing the Services.
2.
Purpose. The purpose of this AUP It is designed to help protect
our Services, our clients and the Internet community as a whole
from irresponsible, illegal or disruptive Internet activities. This
AUP applies to each Client and its employees, agents, contractors
or other users of such Client who obtain Services from EBTCO (each
such person being a "User"). Each User should use common
sense and good judgment in connection with the Services. Parents
or guardians should always supervise minors in using the Internet.
Parents and guardians should remain aware at all times of what is
on the Internet and how the minors under their care are using the
Services and the Internet. Please refer to EBTCO's Parental
Control statement for further information.
3.
Restrictions On Usage. USERS SHALL NOT
a.
Send unsolicited bulk and/or commercial messages over the Internet
(known as "spamming"). It is not only harmful because
of its negative impact on consumer attitudes toward EBTCO, but also
because it can overload the EBTCO network and disrupt services to
our clients. Any User found spamming might be subject to criminal
and/or civil liability.
b.
Engage and/or utilize the Services in connection with any unlawful
activity. Without limiting the general application of this rule,
Users shall not:
i.
Utilize the Services to copy material from third parties (including
text, code, graphics, videos or other copyrightable material)
without legal permission;
ii. Utilize the Services to misappropriate or infringe
the patents, copyrights, trademarks or other intellectual property
rights of any third party;
iii. Utilize the Services to traffic in illegal drugs,
illegal gambling, obscene materials or other any products or services
that are prohibited under applicable law; or
iv. Utilize the Services in any manner that violates applicable
laws.
c.
Utilize the Services in connection with any tortuous or actionable
activity. Without limiting the general application of this rule,
Users shall not:
i.
Utilize the Services to publish or disseminate information that
(A) publicizes the personal information or likeness of a person
without that person's consent (B) constitutes slander, libel or
defamation, or (C) otherwise violates the privacy rights of any
person;
ii. Utilize the Services to threaten persons with bodily
harm, to make harassing or abusive statements or messages, or
to solicit the performance of acts or services that are illegal
under applicable law.
d.
Utilize the Services in connection with any other disruptive or
abusive activity. Without limiting the general application of this
rule, Users shall not:
i.
Engage in Advertising, transmitting, or otherwise making available
any software, program, product, or service that is designed to
violate this AUP, which includes the facilitation of the means
to spam, initiation of pinging, flooding, mailbombing, denial
of service attacks, and piracy of software against EBTCO or other
network hosts or Internet users or to otherwise degrade or impair
the operation of EBTCO's servers and facilities or the servers
and facilities of other network hosts or Internet users;
ii. Place messages or software programs that consume excessive
CPU time or storage space;
iii. Utilize the Services to offer mail services, mail
forwarding capabilities, POP accounts or autoresponders other
than for the User's own account;
iv. Utilize the Services to resell access to CGI scripts
installed on EBTCO's servers;
v. Utilize the Services to subvert, or assist others in
subverting, the security or integrity of any EBTCO systems, facilities
or equipment;
vi. Utilize the Services to gain unauthorized access to
the computer networks of EBTCO or any other person;
vii. Utilize the Services to provide passwords or access
codes to persons not authorized to receive such materials by the
operator of the system requiring the password or access code;
viii. Utilize the Services to (A) impersonate or assume
the identity or any other person, (B) forge the signature or other
identifying mark or code of any other person, or (C) engage in
any other activity (including "spoofing") to attempt
to deceive or mislead other persons regarding the true identity
of the User (excluding the use of anonymous re-mailers or Internet
nicknames);
ix. Utilize the Services to store or distribute on EBTCO
servers illegally-acquired information, programs containing malicious
code, including viruses, Trojans or worms or tools to comprise
the security of other sites, destroy data, destroy or damage equipment,
or disrupt the operation of the Services;
x. Utilize the Services to conduct port scans or other
invasive procedures against any server (except any server for
which the User is an authorized system administrator);
xi. Utilize the Services to distribute, advertise or promote
software or services that have the primary purpose of encouraging
or facilitating unsolicited commercial e-mail or spam;
xii. Utilize the Services to solicit or collect, or distribute,
advertise or promote, e-mail address lists for the purpose of
encouraging or facilitating unsolicited commercial eMail or spam;
xiii. Utilize the Services in any manner that might subject
EBTCO to unfavorable regulatory action, subject EBTCO to any liability
for any reason, or adversely affect EBTCO's public image, reputation
or goodwill, including, without limitation, sending or distributing
sexually explicit, hateful, vulgar, racially, ethnically or otherwise
objectionable materials as determined by EBTCO in its sole discretion;
or
xiv. Utilize the Services in any other manner to interrupt
or interfere with the Internet usage of other persons.
4.
Consequence of Violations. When EBTCO becomes aware of an alleged
violation of its AUP, EBTCO will initiate an investigation towards
the alleged violation and may, in EBTCO's sole discretion, take
any of the following actions, in accordance with the severity and
duration of the violation:
i.
Warning the Client;
ii. Suspending the offending Client from the Services;
iii. Terminating the offending Client from the Services;
iv. Imposing fees or charges on the offending Client account
in accordance with the applicable service contract;
v. Removing the offending content; and
vi. Taking other action in accordance with this AUP, the
applicable service contract or applicable laws.
5.
Reservation of Rights. EBTCO reserves the right to cooperate
with appropriate legal authorities in investigations of claims of
illegal activity involving EBTCO's Services, clients and other Users.
EBTCO reserves all other rights to respond to violations of this
AUP to the extent of applicable law and in accordance with any applicable
contractual obligations.
6.
Contacts. Each account holder must immediately notify EBTCO
of any unauthorized use of such account holder's account, of any
breach or attempted breach of security, if it is believed that such
account holder's password has been compromised or of any other violations
of this AUP. If you have any questions with respect to this AUP,
please contact EBTCO at P O BOX 8736, Riyadh, Kingdom of Saudi Arabia
11492, Attention: Complaints or by emailing us at abuse@ebtco.com,
including in any such eMail the name of the offending domain (for
example, abc.com) and the type of abuse (for example, spam, illegal
acts, harassment, etc.) in the "subject" field of the
e-mail.
7.
Disclaimer. EBTCO makes no warranties about the accuracy, reliability,
completeness, or timeliness of the material, services, graphics,
and/or links. EBTCO expressly disclaims any obligation to monitor
its Clients and other Users with respect to violations of this AUP.
EBTCO has no liability or responsibility for the actions of any
of its clients or other Users or any content any User may post on
any Web site. Neither EBTCO or its directors, employees, licensors,
content providers, partners or other representatives will be liable
for any damages whatsoever, including without limitation any direct,
indirect, incidental, consequential, special and exemplary damages,
arising from the use or performance of this web site or from any
information, Services or products represented or provided through
this web site, even if EBTCO has been advised of these damages.
This document and all other documents and information that are or
may be published from time to time on this web site could include
technical inaccuracies or typographical errors. Changes are made
periodically to the information contained herein. EBTCO May make
improvements and/or changes in the documents, services, products
and or the programs described herein at any time. EBTCO reserve
the right to remove any Content, deactivate any account, or otherwise
terminate access to EBTCO.com for violation of any of the Terms
of Service, the AUP, or if otherwise compelled by court order. We
accept no responsibility for the accuracy or completeness of any
Content.
If
you require additional information on these policies, please feel
free to contact our Legal Department
for more details.
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