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NetMerchant, LLC's Acceptable Use Policy
("AUP") is provided to give our customers and
users a clear understanding of what NetMerchants expects of
them while using the service. All users of NetMerchant,
LLC's Internet services: those who access some of our
Services but do not have accounts, as well as those who pay
a service fee to subscribe to the Services, must comply with
this AUP and our TOS (Terms of Service).
Use of NetMerchants Service constitutes acceptance and
agreement to NetMerchant, LLC's AUP as well as NetMerchant,
LLC's TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To NetMerchants Are
Nonrefundable except when offered under a money-back
guarantee or trial period.
We support the uncensored flow of information and ideas over
the Internet and do not actively monitor subscriber activity
under normal circumstances. Similarly, we do not exercise
editorial control over the content of any web site, e-mail
transmission, newsgroups, or other material created or
accessible over or through the services, except for certain
proprietary Web sites. However, in accordance with our TOS
(Terms of Service), we may remove any materials that, in our
sole discretion, may be illegal, may subject us to
liability, or which may violate this AUP. NetMerchants may
cooperate with legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil
wrongdoing. Your violation of this AUP may result in the
suspension or immediate termination of either your
NetMerchants account or other actions as detailed in Section
3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of
NetMerchant, LLC's Acceptable Use Policy. The following are
guidelines for the establishment and enforcement of
NetMerchant, LLC's AUP:
Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as
well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage
activities which reduce the usability and value of Internet
services
Preserve the value of Internet resources as a conduit for
free expression and exchange of information
Preserve the privacy and security of individual users
NetMerchants intends to provide its customers access to
everything the Internet has to offer. While NetMerchants is
firmly committed to the principles of free speech, certain
activities that may be damaging to the resources of both
NetMerchants and the Internet and cannot be permitted under
the guise of free speech. The resources of NetMerchants and
the Internet are limited, and abuse of these resources by
one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except
for measurements of system utilization and the preparation
of billing records. However, in our efforts to promote good
citizenship within the Internet community, we will respond
appropriately if we become aware of inappropriate use of our
service.
You may not use your dedicated server or virtual site to
publish material, which NetMerchants determines, at its sole
discretion, to be unlawful, indecent or objectionable. For
purposes of this policy, "material" refers to all
forms of communications including narrative descriptions,
graphics (including photographs, illustrations, images,
drawings, logos), executable programs, video recordings, and
audio recordings.
If a NetMerchants account is used to violate the Acceptable
Use Policy or our TOS, we reserve the right to terminate
your service without notice. We prefer to advise customers
of inappropriate behavior and any necessary corrective
action, however, flagrant violations of the Acceptable Use
Policy will result in immediate termination of service. Our
failure to enforce this policy, for whatever reason, shall
not be construed as a waiver of our right to do so at any
time.
As a member of our network community, you must use your
Internet access responsibly. If you have any questions
regarding this policy, please contact us at support@netmerchantsusa.com
VIOLATIONS OF NetMerchants ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal use: NetMerchants services may not be used for
illegal purposes, or in support of illegal activities.
NetMerchants reserves the right to cooperate with legal
authorities and/or injured third parties in the
investigation of any suspected crime or civil wrongdoing.
Harm to minors: Use of the NetMerchants service to harm, or
attempt to harm, minors in any way, including, but not
limited to child pornography.
Adult sites: Use of the NetMerchants service for adult
pornography content is not allowed.
Threats: Use of NetMerchants service to transmit any
material (by e-mail, uploading, posting or otherwise) that
threatens or encourages bodily harm or destruction of
property.
Harassment: Use of NetMerchants service to transmit any
material (by e-mail, uploading, posting or otherwise) that
harasses another.
Fraudulent activity: Use of NetMerchants service to make
fraudulent offers to sell or buy products, items, or
services, or to advance any type of financial scam such as
"pyramid schemes," "ponzi schemes," and
"chain letters."
Forgery or impersonation: Adding, removing or modifying
identifying network header information in an effort to
deceive or mislead is prohibited. Attempting to impersonate
any person by using forged headers or other identifying
information is prohibited. The use of anonymous remailers or
nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail
(SPAM) Use of the NetMerchants service to transmit any
unsolicited commercial or unsolicited bulk e-mail is
expressly prohibited. Violations of this type will result in
the immediate termination of the offending NetMerchants
account.
E-mail / News Bombing: Malicious intent to impede another
person's use of electronic mail services or news will result
in the immediate termination of the offending NetMerchants
account.
E-mail / Message Forging: Forging any message header, in
part or whole, of any electronic transmission, originating
or passing through the NetMerchants service is in violation
of this AUP.
Unauthorized access: Use of the NetMerchants service to
access, or to attempt to access, the accounts of others, or
to penetrate, or attempt to penetrate, security measures of
NetMerchants or another entity's computer software or
hardware, electronic communications system, or
telecommunications system, whether or not the intrusion
results in the corruption or loss of data, is expressly
prohibited and the offending NetMerchants account is subject
to immediate termination.
Copyright or trademark infringement: Use of the NetMerchants
service to transmit any material (by e-mail, uploading,
posting or otherwise) that infringes any copyright,
trademark, patent, trade secret or other proprietary rights
of any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the
digitization and distribution of photographs from magazines,
books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software.
Collection of personal data: Use of the NetMerchants service
to collect, or attempt to collect, personal information
about third parties without their knowledge or consent.
Network disruptions and unfriendly activity: Use of the
NetMerchants service for any activity which affects the
ability of other people or systems to use NetMerchants
Services or the Internet. This includes "denial of
service" (DOS) attacks against another network host or
individual user. Interference with or disruption of other
network users, services or equipment is prohibited. It is
the Member's responsibility to ensure that their network is
configured in a secure manner. A Subscriber may not, through
action or inaction, allow others to use their network for
illegal or inappropriate actions. A Subscriber may not
permit their network, through action or inaction, to be
configured in such a way that gives a third party the
capability to use their network in an illegal or
inappropriate manner. Unauthorized entry and/or use of
another company and/or individual's computer system will
result in immediate account termination. NetMerchants will
not tolerate any subscriber attempting to access the
accounts of others, or penetrate security measures of other
systems, whether or not the intrusion results in corruption
or loss of data.
Fraud: Involves a knowing misrepresentation or misleading
statement, writing or activity made with the intent that the
person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret,
or Intellectual Property Right: Distribution and/or posting
of copyrighted or the aforementioned infringements will not
be tolerated.
Distribution of Viruses: Intentional distributions of
software that attempts to and/or causes damage, harassment,
or annoyance to persons, data, and/or computer systems are
prohibited. Such an offense will result in the immediate
termination of the offending account.
Inappropriate Use of Software: Use of software or any device
that would facilitate a continued connection, i.e. pinging,
while using NetMerchants services could result in suspension
service.
Third Party Accountability: NetMerchants subscribers will be
held responsible and accountable for any activity by third
parties, using their account, that violates guidelines
created within the Acceptable Use Policy.
Security.
You are responsible for any misuse of your account, even if
the inappropriate activity was committed by a friend, family
member, guest or employee. Therefore, you must take steps to
ensure that others do not gain unauthorized access to your
account. In addition, you may not use your account to breach
security of another account or attempt to gain unauthorized
access to another network or server.
Your password provides access to your account. It is your
responsibility to keep your password secure.
Sharing your password and account access with unauthorized
users is prohibited. You should take care to prevent others
from using your account since you will be held responsible
for such use.
Attempting to obtain another user's account password is
strictly prohibited, and may result in termination of
service.
You must adopt adequate security measures to prevent or
minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or
security of any host, network or account. This includes, but
is not limited to, accessing data not intended for you,
logging into or making use of a server or account you are
not expressly authorized to access, or probing the security
of other networks. Use or distribution of tools designed for
compromising security is prohibited. Examples of these tools
include, but are not limited to, password guessing programs,
cracking tools or network probing tools. You may not attempt
to interfere with service to any user, host or network
("denial of service attacks"). This includes, but
is not limited to, "flooding" of networks,
deliberate attempts to overload a service, and attempts to
"crash" a host.
Users who violate systems or network security may incur
criminal or civil liability. NetMerchants will cooperate
fully with investigations of violations of systems or
network security at other sites, including cooperating with
law enforcement authorities in the investigation of
suspected criminal violations.
Network Performance
NetMerchants accounts operate on shared resources. Excessive
use or abuse of these shared network resources by one
customer may have a negative impact on all other customers.
Misuse of network resources in a manner which impairs
network performance is prohibited by this policy and may
result in termination of your account.
You are prohibited from excessive consumption of resources,
including CPU time, memory, disk space and session time. You
may not use resource-intensive programs which negatively
impact other customers or the performances of NetMerchants
systems or networks. NetMerchants reserves the right to
terminate or limit such activities.
REPORTING VIOLATIONS OF NetMerchants AUP
NetMerchants requests that anyone who believes that there is
a violation of this AUP direct the information to the Abuse
Department at support@netmerchantsusa.com.
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the
time zone or offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of the
above, as do system log files. Other situations will require
different methods of providing the above information.
NetMerchants may take any one or more of the following
actions in response to complaints:
Issue written or verbal warnings
Suspend the Member's forum posting privileges
Suspend the Member's account
Terminate the Member's account
Bill the Member for administrative costs
and/or re-activation charges
Bring legal action to enjoin violations and/or to collect
damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
NetMerchants reserves the right to revise, amend, or modify
this AUP, our TOS (Terms of Service) and our other policies
and agreements at any time and in any manner. Notice of any
revision, amendment, or modification will be posted in
accordance with our TOS (Terms of Service). |
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