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Acceptable Use Policy
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Acceptable Use Policy
By subscribing to, or utilizing, Chaogic Systems, LLC's ("Chaogic") hosting
or any related services, you agree to abide by this Acceptable Use Policy.
Your utilization of Chaogic's services constitutes your express agreement
to abide by this Acceptable Use Policy, as the same may be changed from
time-to-time by Chaogic, at its sole and absolute discretion. These Rules
are designed to enhance the quality of our hosting services and to protect
our customers, and the Internet community as a whole, from illegal,
irresponsible, or disruptive Internet activities. These Rules apply to all
customers of Chaogic. We hope and expect that common sense and good
judgment will guide all of our customers' use of our services. Even with
such Rules in effect, minors should be supervised when using the Internet.
Adults and minors should be aware of what is on the Internet and to
understand the concept of what is accepted and what should be avoided. The
following non-exhaustive list details the kinds of illegal or harmful
conduct, which are prohibited. Chaogic reserves the right to restrict or
prohibit any and all uses of its services or content on your website and to
remove such materials, including your website, from its servers at any
time Chaogic determines in its sole discretion that such content or
materials violates this Agreement, is illegal, or is harmful to its
servers, systems, network, reputation, good will, other Chaogic customers,
or any third party. Depending on the severity of the violation and the
history of your account, Chaogic may take any reasonable disciplinary
action it determines in its sole and absolute discretion, including, but
not limited to, one or more of the foregoing or following actions: (a)
issuance of a verbal or written warning; (b) suspension of your account;
(c) termination of your account; (c) billing for administrative and legal
costs and fees and/or reactivation costs. All of the foregoing rights are
cumulative, and the exercise of any right at any time shall not preclude
the exercise of any other right, or the same right, at any other time for
the same violation or any subsequent violation.
Illegal or Improper Activities. You may not use Chaogic's services
or servers in any manner in violation of any state, local or federal law
of the United States of America, or local or national law of any country.
Such violations and activities include, but are not limited to, violations
of U.S. or other applicable foreign export laws or restrictions including
the U.S. Export Administration Act and accompanying regulations, posting
or trafficking in government secrets, providing any information to in any
way assist or encourage any terrorist activities, providing any
information concerning nuclear or biological weapons or other weapons of
mass destruction, posting or trafficking in obscene material, solicitation
of a minor or others for illegal acts, dealing drugs, harassment, fraud,
stalking, abuse, or other subject matters that are prohibited under
applicable federal, state, local or foreign law. Further, you may not use
Chaogic's services or servers in any manner in violation of any order of
any court having competent jurisdiction over you or over Chaogic.
Dangerous Activities. You may not use Chaogic's services or servers
to post or disseminate in any manner, any information or material which
may be dangerous, damaging or injurious to persons or property or which,
directly or indirectly, may be used to create danger, damage or injury to
persons or property.
Infringement. You may not use Chaogic's services or servers in any
manner which infringes the intellectual property rights or other
proprietary rights of any third party including, without limitation,
material protected by copyright, trademark, patent, trade secret, or other
intellectual property right used without proper authorization.
Infringement may result from, among other activities, the unauthorized
copying and posting of pictures, logos, software, articles, musical works,
and videos. In compliance with the Digital Millennium Copyright Act
("DMCA"), please send DMCA notifications of claimed copyright
infringements to: security@chaogic.com, Director of Security, Chaogic
Systems, LLC, 5757 Westheimer #3215, Houston, Texas 77057.
Fraudulent Activities. You may not offer or disseminate fraudulent
goods, services, schemes, or promotions (i.e., make money fast schemes,
chain letters, pyramid schemes, ponzi schemes), or furnish false data on
any signup form, contract or online application or registration, or
fraudulently use any information obtained through the use of Chaogic's
servers or services, including without limitation use of credit card
numbers.
Offensive Subject Matter. You may not use Chaogic's services or
servers for transmitting, disseminating, sale, storage or hosting subject
matter that is unlawful, libelous, defamatory, obscene, scandalous,
pornographic, indecent, lewd, filthy, excessively violent, harassing,
threatening, hateful, harmful, invasive of privacy or publicity rights,
abusive, inflammatory or otherwise objectionable. You may not use
Chaogic's services or servers to conduct any sexually oriented business or
disseminate pornographic pictures, videos, banners, text or any similar
material. You may not use Chaogic's services or servers to threaten bodily
harm or destruction of property.
Harmful Activities. You may not use Chaogic's services or servers
for disseminating or hosting harmful content including, without
limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any
other computer programming routines that may damage, interfere with,
surreptitiously intercept or expropriate any system, program, data or
personal information.
Tortuous Activities. You may not use Chaogic's services or servers
for any tortuous conduct, including, but not limited to, posting
defamatory, libelous, slanderous, scandalous, or private information about
a person or company without their consent; intentionally inflicting
emotional distress; making unlawful threats; stalking, interfering with
any contract or prospective economic relations; engaging in fraud or
deception; engaging in sexual or other harassment; or for violating any
patents, trademarks, copyrights, or other intellectual property rights.
Abusive Activities. You may not use Chaogic's services or servers
for any abusive activities on the Internet, including, but not limited to,
activities such as using a non-existent email return address, spamming
(sending unsolicited advertising to numerous email addresses or newsgroups
and/or generating a significantly higher volume of outgoing email than a
normal user), or allowing spamming by third parties to promote a website,
trolling (posting outrageous messages to generate numerous responses),
mail-bombing (sending multiple messages without significant new content to
the same user), subscribing someone else to a mailing list without that
person's permission, cross-posting articles to an excessive number of
newsgroups, hacking ( unauthorized access to or use of data, systems,
server or networks, including any attempt to probe, scan or test the
vulnerability of a system or to breach the security thereof), spoofing
(any attempt to impersonate any person or otherwise deceive or mislead
through alteration of headers); deletion of author attributions, legal
notices, or proprietary designations in an effort to deceive or mislead;
forging or altering any TCP-IP packet header, email header or any part of
a message header, using manual or electronic means to avoid any use
limitations on your use of Chaogic's servers such as timing out; sending
or disseminating harassing email or chain letters; or use of flames
(hostile attacks or invectives aimed at a group or an individual).
Misuse of System Resources. You may not engage in any uses or
activities that misuse Chaogic's services, servers or system resources,
including, but not limited to, employing or posting programs which consume
excessive CPU time or storage space; permitting use of mail services, mail
forwarding capabilities, POP accounts, or autoresponders other than for
your own account; or resale of access to CGI scripts installed on
Chaogic's servers.
Service Contract
Chaogic's hosting service is subject to the following terms and
conditions:
1. The specific fees and surcharges vary depending on the particular plan
ordered. Chaogic may change and institute new fees and surcharges at any
time upon thirty (30) days prior notice via e-mail or snail mail. Either
party may terminate the service without cause or prior notice. However,
the client will forfeit any monies paid in advance.
2. The client agrees to comply with the Acceptable Use Policy set forth
above and to refrain from any of the unacceptable uses set forth therein.
Chaogic reserves an absolute right to determine for itself what is
abusive, pornographic, offensive, or inappropriate and will terminate the
service in the event it deems any use to violate the said Policy.
3. The client agrees that Chaogic has the right and responsibility to
fully cooperate in any legal investigation regarding any aspect of
Chaogic's services, including services sold to the client. Any use or
attempted use of Chaogic's system to engage in software piracy or other
illegal activities will result in an immediate termination of service and
a report to the FTP, SPA, or other appropriate authorities.
4. LIMITATION OF LIABILITY. IN NO EVENT SHALL CHAOGIC BE LIABLE TO CLIENT
FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST
PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR COST OF
OBTAINING SUBSTITUTE GOODS ARISING OUT OF OR RELATING TO THE SOFTWARE, OR
THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF CHAOGIC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY STATED HEREIN. CHAOGIC'S LIABILITY TO CLIENT OR ANY THIRD
PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT HOWEVER CAUSED AND
ARISING UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE SHALL NOT EXCEED IN AGGREGATE THE
CLIENT FEES PAID BY CLIENT FOR THE SOFTWARE. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CLIENT.
5. Although Chaogic backs up its systems regularly and works hard to
prevent technical problems, system failures, and service disruptions, such
occurrences are possible, particularly in connection with such things as
total power losses, natural calamities, acts of war or terrorism,
destructive acts of hackers, or band width charges on the Internet.
Chaogic's system backup is therefore not guaranteed and each client
therefore agrees to maintain a backup copy of his or her website and any
other important information and to store the same on his or her own
computer. The client further agrees that Chaogic's liability for any
failure to provide hosting service regardless of cause or duration
shall be limited to a refund of the fees paid for the month in which the
failures occur. It is specifically agreed that Chaogic shall under no
circumstances be liable for any lost profits or other consequential
damages.
6. This agreement is not assignable or transferable without express
written consent of Chaogic. The terms and conditions of this agreement
shall be interpreted and enforced pursuant to the laws of the State of
Texas and the laws of the United States of America.
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