Use and Misuse of the Services
All complaints of abuse, violation and misuse of the Services provided
by Corporate Performance Artists Corp. (CORPORATEPA), whether described
in this Section or otherwise, shall be investigated promptly. If you
are not sure if your actions will be an abuse, violation or misuse,
please ask first:
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You are responsible for all
use of your website, with or without your knowledge or consent. You
agree to use the Services only for lawful purposes, in compliance with
all applicable laws. Illegality includes, but is not limited to, drug
dealing; attempting without authorization to access a computer system;
pirating (distributing copyrighted material in violation of copyright
law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling;
schemes to defraud; trafficking in obscene material; sending a message
or having content that is obscene, lewd, lascivious, filthy, or
indecent with intent to annoy, abuse, threaten, or harass another
person; threatening bodily harm or damage to individuals or groups;
violating U.S. export restrictions; stalking; or violating other state
or federal law, such as the Electronic Communications Privacy Act, the
Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to
illegal material is also prohibited. When CORPORATEPA becomes aware of
possible violations of this Agreement, CORPORATEPA may initiate an
investigation that may include gathering information from you and the
complaining party, if any, and examination of material on CORPORATEPA's
servers. CORPORATEPA, in its sole discretion, will determine what
action will be taken in response to a violation on a case-by-case
basis. Violations of this Agreement could subject you to criminal or
civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE
AND HOLD CORPORATEPA HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION
TAKEN BY CORPORATEPA AS PART OF ITS INVESTIGATIONOF A SUSPECTED
VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A
VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT
SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM CORPORATEPA AS A RESULT OF
CORPORATEPA'S DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU,
SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE
INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CORPORATEPA'S
CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL
VIOLATIONS DESCRIBED IN THIS AGREEMENT.
Use and Misuse of Materials
Materials in the public domain (e.g., images, text, and programs) may
be downloaded or uploaded using the Services. You may also
re-distribute materials in the public domain. You assume all risks
regarding the determination of whether the material is in the public
domain. You are prohibited from storing, distributing or transmitting
any unlawful material through the Services. Examples of unlawful
material include, but are not limited to, threats of physical harm,
child pornography, and copyrighted, trademarked and other proprietary
material used without proper authorization. You may not post, upload or
otherwise distribute copyrighted material on CORPORATEPA'S servers
without the consent of the copyright holder. Unacceptable uses of
website content also include the presence of the following programs or
the activities associated with them, regardless of whether or not any
actual intrusion results in the corruption or loss of data: server
broadcast messages or any message sent on an intrusive basis to any
directly or indirectly attached network; attempts to circumvent any
user authentication or security of host, network, or account; accessing
data not intended for user; probing the security of any network;
spawning dozens of processes; port scans, ping floods, packet spoofing,
and forging router information; denial of service attacks, sniffers,
flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop;
promulgation of viruses; and IRC bots, such as eggdrop or BitchX.
CORPORATEPA supports free speech on the Internet and will not suspend
or cancel your account simply because it disagrees with your views
expressed at your website. However, examples of unacceptable activities
include posting private information about a person without his or her
consent, defaming a person or business, and knowingly making available
code that will have a deleterious effect on third-party computers.
Where there are allegations that your on-line activity has violated the
legal rights of a third party, CORPORATEPA will not substitute itself
for a court of law in deciding tort claims raised by the third party.
Email Use
Unacceptable affronts to netiquette and unacceptable activities
include, but are not limited to, the following: spamming (sending
unsolicited advertising to those with which you have no existing
business relationship and posting off-topic advertising in newsgroups);
spoofing (using a return email address that is not the valid reply
address of the sender or sending an email message that does not contain
enough information to enable the recipient to identify you); passive
spamming (promoting a website hosted by CORPORATEPA by spamming from
some other source); trolling (posting controversial messages in
newsgroups to generate responses); mailbombing (inundating a user with
email without any serious intent to correspond or sending large or
multiple files to a user); generating a higher volume of outgoing mail
than a normal user; propagating chain letters; and subscribing someone
else to an electronic mailing list without that person's permission. A
message is considered unsolicited if it is posted in violation of a
newsgroup charter or sent to a recipient who has not requested the
message. Making an email address available to the public does not
constitute a request to receive messages. Distribution of mass emailing
programs is also prohibited. All recipients on a mailing list must have
personally subscribed. Mailing lists may not be used to distribute
unsolicited email. If you are repeatedly mailbombed or attract such
behavior, the Services will be terminated. You should not send email to
any user who does not wish to receive it, either at CORPORATEPA or
elsewhere. CORPORATEPA recognizes that email is an informal medium;
however, you must refrain from sending further email to a user after
receiving a request to stop. You may not alter the headers of email
messages to disguise their identity or to prevent users from responding
to the messages. CORPORATEPA may disclose the usernames of accounts
responsible for forged email messages to system administrators or users
requesting the information. Violations of the CORPORATEPA policies
outlined herein can sometimes result in massive numbers of email
responses. If you receive so much email that CORPORATEPA resources are
affected, CORPORATEPA staff may shut down your mailbox.
System Security
You are prohibited from utilizing the Services to compromise the
security of system resources or accounts on servers at CORPORATEPA or
at any other site. Use or distribution of tools designed for
compromising security or containing viruses or trojans are prohibited.
Examples of these tools include, but are not limited to, password
guessing programs, cracking tools or network probing tools. If you are
involved in violations of system security, CORPORATEPA reserves the
right to release all usernames of users involved in such violations to
system administrators at other sites in order to assist them in
resolving security incidents. CORPORATEPA will also fully cooperate
with law enforcement authorities in investigating suspected lawbreakers.
System Resources
System abuse includes any use of CORPORATEPA resources that disrupts
the normal use of its servers or services for others. Examples of
system abuse include running excessive numbers of processes or
consuming excessive amounts of CPU time, memory or disk space. Further,
running programs in the background on a CORPORATEPA server without
CORPORATEPA's prior written authorization, or running chat rooms,
Internet Relay Chat, IRC bots, and the like are not acceptable uses of
CORPORATEPA's servers.
Hosting Payments
If hosting payments are not paid within 10 days of invoice, CORPORATEPA reserves the right to termindate or suspend all Services. CorporatePA reserves the right to change the pricing for Services at any time.
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