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Akvablue Inc.
P.O.BOX 677417
Orlando,
FL. 32867
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| Terms
of Use |
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Upon signing up for Akvablue's services, all customers agree to
comply with Akvablue's Terms of Use. The spirit of this policy
is to ensure our customers are using Akvablue's services with
due regard to the rights of other Internet users and in conformity
with the requirements of Akvablue's network environment. Please
note that asterisked items (*) are not applicable to Dedicated
Server customers.
Illegal Use
Akvablue's servers may be used for lawful purposes only. Transmission,
storage, or distribution of any information, data, or material
in violation of any applicable law or regulation is prohibited.
This includes, but is not limited to: copyrighted material; trademarks;
trade secrets or other intellectual property rights used without
proper authorization; material that is obscene, defamatory, constitutes
an illegal threat, or violates export control laws. Examples of
unacceptable content or links include: pirated software, hacker
programs or archives, Warez sites, MP3, and IRC bots.
Adult Content
Due to the special system and network requirements of adult-oriented
sites, pornography and sex-related merchandising are prohibited.
This includes sites that may infer sexual content or provide links
to adult content elsewhere. This is also true for sites that promote
any illegal activity or content that may be damaging to our servers
or any other server on the Internet, or provide links to such
sites.
System and network security
Violations of system or network security are prohibited, and may
result in criminal and civil liability. Akvablue, INC will investigate
incidents involving such violations and may involve and will cooperate
with law enforcement if a criminal violation is suspected. Examples
of system or network security violations include, without limitation,
the following:
Unauthorized access to or use of data, systems or networks, including
any attempt to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without
express authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system
without express authorization of the owner of the system or network.
Interference with service to any user, host or network including,
without limitation, mailbombing, flooding, deliberate attempts
to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header
information in an email or a newsgroup posting.
Server
Resources*
Any web site that uses a high amount of server resources (such
as, but not limited to, CPU time, memory usage, and network resources)
will be given the option to either pay additional fees (which
will depend on the resources required), reduce the resources used
to an acceptable level, or upgrade its service to a Dedicated
Server plan. Akvablue shall be the sole arbiter of what is considered
to be a high server usage level. Any web hosting account deemed
to be adversely affecting server performance or network integrity
will be shut down without prior notice.
CGI Scripts*
CGI script sharing with domains not hosted by Akvablue is not
permitted. Any CGI-scripts deemed to be adversely affecting server
performance or network integrity will be shut down without prior
notice.
Chat Rooms*
Akvablue does not allow customers to install their own chat rooms.
Chat rooms tend to require significant system resources and therefore
cannot be permitted as an account option.
IRC
Akvablue does not allow IRC or IRC bots to be operated on our
servers.
SPAM
Spamming, the sending of unsolicited mass email from or through
a Akvablue server or using an email address that is maintained
on a Akvablue machine is STRICTLY prohibited. Akvablue will be
the sole arbiter as to what constitutes a violation of this provision.
Customers are also in violation of this provision if they engage
in spamming using the service of another ISP or IPP, but reference
in the spam a web site hosted on a Akvablue server. Violators
will be assessed a minimum fine of $200 and will face immediate
suspension.
Sending unsolicited mail messages, including, without limitation,
commercial advertising and informational announcements, is explicitly
prohibited. A user shall not use another site's mail server to
relay mail without the express permission of the site.
Server Abuse
Any attempts to undermine or cause harm to a Akvablue server or
customer are strictly prohibited.
Software Distribution*
Akvablue's shared web hosting accounts are not configured for
the purposes of distributing software and/or multimedia products.
If you wish to distribute software and/or multimedia files, please
contact sales@Akvablue.com to make special arrangements.
Actions Taken by Akvablue
The failure by a customer to meet or follow any of the above Terms
of Use is grounds for account deactivation. Akvablue will be the
sole arbiter as to what constitutes a violation of the Terms of
Use. Akvablue reserves the right to remove any account without
prior notice. When Akvablue becomes aware of an alleged violation
of its Terms of Use, Akvablue will initiate an investigation.
During the investigation, Akvablue may restrict a customer's access
in order to prevent further potentially unauthorized activity.
Depending on the severity of the violation, Akvablue may, at its
sole discretion, restrict, suspend, or terminate a customer's
web hosting account and/or pursue other civil remedies. If such
violation is a criminal offense, Akvablue will notify the appropriate
law enforcement authorities of such violation.
Akvablue does not issue credits for outages incurred through service
disablement resulting from Terms of Use violations.
Akvablue customers agree to indemnify and hold harmless Akvablue
from any claims resulting from the use of our services that damages
them or any other party. The Akvablue service is provided on an
as is, as available basis without warranties of any kind, either
express or implied, including, but not limited to, warranties
of merchantability, fitness for a particular purpose or non-infringement.
Akvablue expressly disclaims any representation or warranty that
the Akvablue service will be error-free, secure or uninterrupted.
No oral advice or written information given by Akvablue, its employees,
licensors or the like, will create a warranty; nor may you rely
on any such information or advice. Akvablue and its partners and
suppliers will not be liable for any cost or damage arising either
directly or indirectly from any transaction or use of the service.
Modification
Akvablue reserves the right to add, delete, or modify any provision
of its Terms of Use at any time without notice.
INDIRECT
OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED
VIOLATIONS BY A THIRD PARTY ON BEHALF OF A Akvablue, INC. CUSTOMER
OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE
POLICY BY SUCH CUSTOMER OR END USER.
Complaints regardingabuse or SPAM should be sent to support@Akvablue.com
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