Acceptable Use Policy(AUP)
NO Spamming! NO Adult
Content! NO Exceptions!
This document is intended to provide a basic understanding of i3276's
Acceptable Use Policy and Terms of Service. The following are guidelines
for the establishment and enforcement of i3276'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 privacy and security of individual
users
- i3276 intends to provide its customers access to everything
the Internet has to offer.
- While i3276 is firmly committed
to the principles of free speech, certain activities that may
be damaging to the resources of both i3276, Inc. and the Internet
and cannot be permitted under the guise of free speech.
We support the flow of information and ideas over the Internet and
do not actively monitor subscriber activity under normal circumstances.
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. i3276 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 i3276 account WITHOUT PRIOR NOTICE.
The resources of i3276 and the Internet are limited,
and abuse of these resources by one user has a negative impact on
the entire community.
TERMS OF SERVICE AND ACCEPTABLE USE POLICY
These Terms Of Service And Acceptable Use Policies ("Terms
and Policies") are an essential part of your relationship with
i3276. By using your i3276 account, you
agree to all of the Terms and Policies set out in this document.
1. General Terms and Policies. i3276 is a private company
providing website hosting and e-mail services. i3276's
equipment and facilities may be used to conduct private and commercial
transactions, send electronic mail, transfer files, and otherwise
participate in all legal aspects of the Internet (these uses are
referred to in this document as "the Service"), subject
to these Terms and Policies.
The Service is provided to authorized persons or organizations (referred
to in this document as "Subscriber" or "you").
Any use of the service is subject to any restrictions listed below.
By using the Service, you agree to be bound by all of theses Terms
and Policies. If you do not agree to be bound by these Terms and
Policies, you must cancel your account immediately and may not thereafter
use or attempt to use the Service.
i3276 grants you a non-exclusive right to access, use
and display the Service on any computers or other electronic display
devices of which you are a primary user. You may not assign, sub-license
or transfer any rights or obligations of the Service without the
express written consent of i3276.
2. Coverage. If you are an individual Subscriber, these Terms and
Policies apply to all persons who gain access through your account.
If you are a commercial Subscriber, these Terms and Policies apply
to all your employees, agents and/or customers. In either instance,
a violation of these Terms and Policies by anyone using your account
will be treated as a violation by you.
3. Prices and Charges. i3276 charges for the Service
are set at the time the service is ordered. i3276 will
provide notice to the Subscriber, via e-mail, 60 days prior to any
changes in pricing.
Unsolicited Bulk E-mail ("spam") cleanup: $300 + $2 per
message sent + $50 per complaint received by i3276.
Any checks returned by the issuing institution will be charged a
processing fee of $50.
If you fail to pay for your account for 10 days after the date of
the invoice, i3276 may without further notice terminate
your account. Termination does not remove your responsibility to
pay all fees incurred up to the date that i3276 terminates
your account. If i3276 incurs any fees or costs in collecting
any past-due amounts, including costs of attorneys or a collection
bureau, those fees and costs will be added to the amount you owe.
4. Term. The Service is provided to you on a month-to-month basis.
i3276 must receive written notice of termination (which
may be by first-class mail or fax) from you at least one business
day prior to end of a month, or the Service will be provided and
charged to you for the following month. The notice of termination
must be signed by the Subscriber; notice of termination by e-mail
is not acceptable.
5. Grounds for Suspension and Termination. As an i3276.
Subscriber, you agree to comply with these Terms and Policies. Any
violation of either these Terms and Policies may serve as cause for
i3276 to suspend or terminate your account. You agree
that i3276 has the right, with or without notice, to
suspend or terminate your account upon the first or subsequent occurrence
of any of the following:
- Using the Service in a way which constitutes
violation of any copyright, trademark, applicable statute,
law, court order, tariff, regulation, or treaty (including, but
not limited to, intellectual property, communications, privacy,
criminal and international law);
- Using the Service in a manner
intended to abuse or violate the privacy or property rights of
others, including but not limited to sending of unsolicited bulk
e-mail ("spamming");
this ground for suspension or termination is separate
from and in addition to the fees which will result
from such activity;
- Using the service to store, transfer, or
advertise the following: pornography, nudity, violations of
privacy, computer viruses, hacking, "warez",
and any harassing and/or harmful material or uses.
Photos or videos showing frontal nudity on either men or women
for non-scientific or non-artistic purposes. Photos or videos
showing graphic violence or death.In addition, any site or
site(s) with hyperlinks whose revenue is gained in part or whole
from its adult content violate this policy.i3276, Inc. reserves
the right to decide what it considers "adult
content", "adult material", "sexually
explicit",
or "sexually related". Let us know if you
are unsure of the approval of your site before placing
an order.Accounts violating this policy will be suspended
at once and deleted from our servers.
- Using the Service
in an attempt to break security, or so as to actually
break security of any computer network (including
the Service itself), or to access an account, message,
or file which does not belong to you;
e. Using the Service in such a way as to forge or
misrepresent headers, addresses, or other identification
in website pages or electronic mail, or using any
other method to disguise the sender's identity or
location;
f. Excess utilization of system or network resources, including,
but not limited to the use of CGI scripts or programs which
consume an unreasonable amount of Central Processing Unit
("CPU")
usage or Random Access Memory "RAM");
- Posting
commercial messages to a USENET group for the purposes
of promoting your website, where the posting is
not approved by the specific USENET group in its charter;
h. Using the Service to promote or solicit competing
Internet services;
- Using the Service for unauthorized relays
through any third party systems;
- Using the Service for mail-bombing,
which includes any instance where multiple messages are sent
to a specific destination with the intent to render the recipient
and/or the electronic system serving that recipient dysfunctional;
- Using the Service to add or attempt to add addresses to any
mailing list (yours or a third party's) without the explicit positive
consent of the addressee(s);
- A significant number of complaints
regarding Subscriber's failure to be reasonably accessible to
Subscriber's customers or to fill orders in a timely manner;
- Engaging
in harassment, whether through language, frequency, or size of
e-mail messages;
- Using the Service to engage in syn flood attacks,
which are defined as overburdening a recipient computer system
by sending a high volume of spurious data which effective
impedes or totally disables functionality of the recipient
system(s), or any other methods of denial-of-service attacks;
or,
- Furnishing false data on your sign-up form, contract,
or online application, including providing fraudulent credit
card or other payment information.
No bill credit will be given for a period of suspension.
In the event of termination of your use of the Service under
this section, i3276 may at its sole discretion retain any
or all amounts you have paid for use of the Service as liquidated
damages for your actions.
6. Security. You agree not to access or attempt to access private
areas of the Service. You agree to notify i3276 as soon
as you become aware of an unauthorized use of your account and/or
any breach or attempted breach of security on the Service.
7. Liability. You agree that use of the Service is at your own risk.
Except for information, products, or services clearly identified
as being supplied by i3276 neither i3276
nor any of its affiliates controls, provides, operates, or is in
any way responsible for any information, products, or services accessible
through the Service. i3276 neither endorses nor is responsible
for the accuracy of third-party material(s), and you agree that i3276
is not responsible for any loss or damage caused by your use of,
or reliance on, such material(s).
You agree to be liable for any damages or loss of service which
results in damages to i3276 as a result of any spamming
or other violations of Section 5 above. These damages include, but
are not limited to, system shut downs, retaliatory attacks or data
flooding, and loss of peering arrangements. You agree that i3276
may pursue any such claims against you in District Court in Fort
Lauderdale, Florida.
You agree that in no event will i3276 have financial
liability to you in excess of the dollar amount remaining on your
current service period.
8. Warranty. I3276. MAKES NO EXPRESS OR IMPLIED WARRANTIES,
INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE
SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE
SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD I3276
ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION
GIVEN BY I3276 OR ITS EMPLOYEES SHALL CREATE A WARRANTY
OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY I3276
ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; I3276 DOES
NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR
THAT DEFECTS WILL BE CORRECTED. i3276, INC. DOES NOT GUARANTEE THE
SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE
SERVICE.
i3276 provides a 99.95% uptime guarantee, subject to
the following conditions. If the Service is unreachable for more
than 0.05% of the year as a result of a failure of our network or
equipment we will credit your account for a month of free hosting.
This guarantee is your sole and exclusive remedy for any and all
downtime. i3276 is not responsible for outages elsewhere
on the Internet that hinder access to your account; we control only
our links to the Internet, our network hardware, and our servers.
Any downtime that occurs during a scheduled maintenance window shall
not be counted towards Uptime Guarantee. VPS and Reseller plans do
not apply to this guarantee.
9. Privacy. i3276 commits to follow the controlling
Federal and state laws respecting Subscriber privacy and data access.
i3276 will not provide names, addresses, telephone numbers,
e-mail addresses, or other personally identifiable information on
any Subscriber to any third party without prior permission from that
Subscriber, or as required under an appropriate court or administrative
directive, including a facially valid subpoena, or as necessary to
render the Service. i3276 may provide aggregate data
on Subscribers to third parties in the operation of i3276's business.
10. Disputes. You agree that any dispute between you and i3276
arising out of your use of the Service on in any way based upon your
subscription to and/or use of the Service which cannot be resolved
between you and i3276 will be submitted by the aggrieved
party for binding arbitration under the auspices of the American
Arbitration Association. Any demand for arbitration under this Section
must be filed with the American Arbitration Association's office
in Fort Lauderdale, Florida. The arbitration must be held in Fort
Lauderdale, Florida, and the arbitrator must be a person with experience
in online services operation.
11. Governing Law. These Terms and Policies are governed in all
respects under the laws of the State of Florida.
12. Amendments. These Terms and Policies may be amended in any respect
at any time by i3276 upon the posting of the amended
Terms and Policies on the Support section of the Service. Your continued
use of the Service will be deemed consent to any such amended Terms
and Policies. If you do not wish to continue to use the Service as
a result of any such amended Terms and Policies, you may provide
notice of your wish to terminate your use of the Service to customer
service, and any unused portion of fees you have paid for the Service
will be returned to you within 30 days
NO Spamming! NO porno! No Exceptions!