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Quality • Value • Reliability • Experience
Reliable System Enterprise, Inc. |
RSE, Inc. |
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Service Agreement |
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| RSE Service
Agreement |
You are responsible for abiding by the rules set forth in the
paragraphs below. Any violation of the terms set forth below may
result in immediate suspension and/or termination of all
services currently being provided.
As a Web Hosting Provider ("WHP"), we offer our customers the
means to acquire and disseminate a wealth of public, private,
commercial and non-commercial information. We also want our
customers to be fully informed of their rights and obligations
-- and ours -- in connection with their use of the Internet.
This Network Access Policy, which supplements and explains
certain terms of each customer's respective services agreement
(the "Services Agreement"), is intended as a plain English guide
to those rights and obligations.
The fundamental fact about the Internet is that no one --neither
us, nor anyone else -- owns or controls it. This fact accounts
for much of the Internet's openness and value, but it also
places a high premium on the judgment and responsibility of
those who use the Internet, both in the information they acquire
and in the information they disseminate to others. When
customers obtain information through the Internet, they must
keep in mind that we cannot monitor, verify, warrant or vouch
for the accuracy and quality of the information that customers
may acquire. For this reason, the customer must exercise his or
her best judgment in relying on information obtained from the
Internet, and also should be aware that some material posted to
the Internet is sexually explicit or otherwise offensive.
Because we cannot monitor and censor the Internet, and will not
attempt to do so, we cannot accept any responsibility for injury
to our customers that results from inaccurate, unsuitable or
offensive Internet communications.
When customers disseminate information through the Internet,
they also must keep in mind that we do not review, edit, censor
or take responsibility for any information our customers may
create. This places on customers what will be, for most, an
unfamiliar responsibility. When users place information on the
Internet, they have the same liability as other authors for
copyright infringement, defamation and other harmful speech.
Also, because the information they create is carried over our
facilities and may reach a large number of people, including
both customers and non customers of ours, customers' postings to
the Internet may affect other customers and may harm our
goodwill, business reputation and operations. For these reasons,
customers violate our policy and the Services Agreement when
they, their affiliates or subsidiaries engage in the following
activities:
Spamming -- Unsolicited, commercial mass e-mailing (known
as "spamming") is a strongly disfavored practice among Internet
users and web hosting providers. It is particularly harmful not
only because of its negative impact on consumer attitudes toward
us, but also because it can overload our equipment and disrupt
service to our customers. This includes listing a hosted domain
in any unsolicited email.
Copyright Violation -- Violation of copyrights held by
individuals and corporations or other entities can result in
civil and criminal liability for the infringer, and can involve
the WHP in litigation and possible loss of reputation.
Distribution and/or Transmission of Obscene or Indecent Speech
or Materials -- Violation of indecency and obscenity laws can
result in criminal penalties.
Defamation -- Defamatory speech distributed over the
Internet can result in civil liability for the defamer and
litigation against the WHP whose facilities were used to
distribute the defamatory material.
Illegal/Unauthorized Access to Other Computers or Networks --
The illegal or unauthorized accessing (often known as "hacking")
of computers or networks carries potential civil and criminal
penalties under both federal laws and the laws of most states.
Distribution of Internet Viruses, Worms, Trojan Horses
and Other Destructive Activities -- Distribution of Internet
viruses, worms, Trojan horses and other destructive activities,
such as hacking, can result in serious civil and or criminal
liability under federal and state law.
Export Control Violations -- The law limits the ability of
persons to export encryption software, over the Internet or
otherwise, to points outside the United States.
Image Repository -- The WHP services are not to be used
as a software/image repository. This means you cannot use your
account to store images that are pulled from another website. An
example of this would be storing images to be pulled from an
eBay auction site.
Other Activities, whether lawful or unlawful, that we determine
to be harmful to our customers, operations or reputation,
including any activities that restrict or inhibit any other user
from using and enjoying the service or the Internet.
As we have pointed out, the responsibility for avoiding the
harmful activities just described rests primarily with the
customer. We will not, as an ordinary practice, monitor the
communications of our customers to ensure that they comply with
our policy or applicable law. When we become aware of harmful
communications, however, we may take any of a variety of
actions. We may remove information that violates our policies,
implement screening software designed to block offending
transmissions, or take any other action we deem appropriate,
including termination of a customer's contract with us.
We also are aware that many of our customers are, themselves,
providers of web hosting services, and that information reaching
our facilities from those customers may have been originated by
customers of those customers or other third parties. We do not
require our customers who offer web hosting services to monitor
or censor transmissions created by customers of its customers.
At the same time, customers who knowingly transmit materials
that violate law or our policy are, themselves, in violation of
our policy. Similarly, we anticipate that customers who offer
web hosting services will cooperate with us in any corrective
action that we deem necessary, in order to correct and prevent
the transmission of material that is harmful to us or our
customers. Failure to cooperate with such corrective and
preventive measures is a violation of our policy.
We also are concerned with the privacy of on-line
communications. In general, the Internet is neither more nor
less secure than other common communications media, including
mail, facsimile and voice telephone service, all of which can be
intercepted and otherwise compromised. As a matter of prudence,
however, we urge our customers to assume that all of their
on-line communications are insecure.
We can not take any responsibility for the security of
communications transmitted over our facilities. We will comply
fully, however, with all applicable laws concerning the privacy
of our customers' on-line communications. In particular, we will
not intentionally monitor or disclose any private electronic
mail messages sent or received by our customers unless required
to do so by law. We may, however, monitor our service
electronically to determine that our facilities are operating
satisfactorily. Also, we may be required to disclose information
transmitted through our facilities in order to comply with court
orders, statutes, regulations or governmental requests. Finally,
we may disclose information transmitted over our facilities
where necessary to protect us and our customers from harm, or
where such disclosure is necessary to the proper operation of
the system.
We are not responsible for loss of customer content due to
server or hardware failure. We do, however, backup our systems
daily, but cannot guarantee the content is up-to-date. It is the
customer's responsibility to have a full backup of their site.
We expect that our customers who provide web hosting services to
others will comply fully with all applicable laws concerning the
privacy of on-line communications. A customer's failure to
comply with those laws will violate our policy. Finally, we wish
to emphasize that in signing the Services Agreement, customers
indemnify us for any violation of the customer of the Services
Agreement, or of law or corporate policies, that results in loss
to us or the bringing of any claim against us. This means that
if we are sued because of activities of the customer that
violate any law, the Services Agreement or this policy (which is
part of the Services Agreement), the customer will pay any
damages awarded against us, plus costs and reasonable attorneys'
fees.
We hope this Policy Statement is helpful in clarifying the
obligations of Internet users, including us and our customers,
as responsible members of the Internet.
We reserve the right to permanently discontinue service at any
time, without notice, should you be found in violation of our
aforementioned terms and conditions.
Note: You are not permitted to have any commercially
available software, fixes, patches or electronic media for
download on your site. We reserve the right - at any time, to
terminate service if we find that you have violated this term.
Additionally, should you be found to be in violation of any
licensing agreements currently in place, we reserve the right to
permanently terminate your service without refund. In English -
no download sites.
Complaints about violators of our policies should be referred to
 .
Each complaint will be investigated.
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