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IS Technologies LLC
("IDEALPBX"), is the operator of the IDEALPBX.COM (the
"Service"), which includes but is not limited to Internet
Access, Voice over IP related products and services,
dedicated and virtual web site and application hosting
services, and email services. IDEALPBX has adopted this
Acceptable Use Policy to enhance the use its services for
all Users of the Service. This Acceptable Use Policy ("AUP")
applies to Users of all or any part of the Service and
whether you receive the Service as a subscriber to this
service, as part of another provider's service (e.g. a
reseller of services for IDEALPBX), or a visitor that
accesses the Service without an account. By using the
Service, you agree to abide by this Acceptable Use Policy as
well as any guidelines, alerts, or rules that may be posted
on the Service from time to time.
IDEALPBX reserves the right
to modify this policy at any time without prior
notification.
The Service may only be used
for lawful purposes. You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes
any portion of the Service, use of the Service, or access to
the Service. Transmission, distribution, or storage of any
material in violation of any applicable law or regulation is
prohibited. This includes without limitation materials
protected by copyright, trademark, trade secret, or other
intellectual property rights. IDEALPBX reserves the right to
remove any material that, in IDEALPBX's sole discretion, may
be illegal, may subject IDEALPBX or it affiliates to
liability, or may violate this Acceptable Use Policy. If you
violate this AUP, IDEALPBX may suspend or terminate your
right of access to the Service. Violations of this AUP may
result in criminal and civil liability. IDEALPBX may
investigate incidents involving violations and may involve
and cooperate with law enforcement agencies in the
investigation of any crime or civil wrong.
This Acceptable Use Policy
applies to all our services and certain provisions may or
may not be limited to a specific type of account. IDEALPBX
may at any time modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or
without notice. You agree that IDEALPBX shall not be liable
to you or to any third party for any such modification or
suspension of the Service.
The search engine technology
automatically produces search results that reference sites
and information located worldwide throughout the Internet.
Because neither IDEALPBX nor the third party service
provider has control over such sites and information, there
are no guarantees as to such sites and information,
including as to:
1. the accuracy,
currency, content, or quality of any such sites and
information, or
2. whether a search may locate unintended and
objectionable content.
Because some of the content
on the Internet consists of material that is adult-oriented
or otherwise objectionable to some people, the results of
your search may automatically and unintentionally generate
links or references to objectionable material. The Service
has no control over, and can make no claim that such
surprises will not occur. Computerized search technology
does not give you search results limited to only the hits
that you were seeking. There may be extraneous hits as well.
In using the Service, you
agree not to use the Service to send, store or submit for
public posting, any obscene, sexually explicit, or illegal
material (including material the transmission of which
violates any applicable law), or material which violates
Internet standards or customs, or any material that is
protected by copyright without the authority of the
copyright owner. You are further not permitted to use,
participate in, or engage in any of the following while
participating in any Interactive Feature through the
Service:
- Inappropriate Language
or Images - profane, vulgar, obscene, or sexually
explicit language or images (including explicit
descriptions of sexual acts), even if masked by other
characters;
- Grossly Repugnant
Material - material that is grossly repugnant to
community standards, including blatant expressions of
bigotry, racism or hate;
- Illegal Activity - use
of any of the Interactive Features for illegal or
fraudulent purposes in violation of applicable local,
state, national, international or foreign law, or to
threaten personal harm or property damage, including,
for example:
- submitting, copying,
uploading, posting, transmitting, reproducing, or
distributing information, software or other material
which is protected by copyright without the express
permission of the copyright owner;
- e-mailing or posting on
newsgroups of scams, such as "make-money-fast" pyramid
schemes or chain letters;
- forging any messages or
message headers, in whole or in part, of any electronic
transmission, originating or passing through The
Service, for an unlawful purpose;
- Impersonation of
IDEALPBX Personnel - any attempt to impersonate a
Moderator, a IDEALPBX employee, or a non-employee
working in an authorized capacity;
- Attempts to solicit
another User's password - this will be treated as an
impersonation of IDEALPBX staff regardless of the name
or account used, as will comments containing information
apparently intended to interfere with the Service
functions;
- Disruptive Activity -
any activity that is apparently intended to disrupt
Members' enjoyment of the Interactive Feature,
including:
- scrolling - repeatedly
entering either meaningless characters, three or more
repeated blank lines, the same text three or more times,
or consistently repeating text in a Chat room;
- spamming - sending of
large numbers of e-mail, and e-mail ads in particular,
to numerous e-mail users; or blanket postings to the
same newsgroups;
- Off-topic activities -
posting notes or articles to any Chat room, Newsgroup,
Mailing List or similar forum which are off-topic;
- Harassment - targeting
others, with the apparent intention of causing distress,
embarrassment, or other discomfort. Examples of this
include expressing personal attacks on members and
non-members; sending more than ten similar messages to
the same e-mail address; or sending more than 1M bytes
of data to a newsgroup;
- Alert - Abusing any
"Alert" function available in connection with any of the
specific Interactive Features.
- Distributing computer
viruses;
- Including any material
in Personal Web Pages that is prohibited by the special
Personal Web Page Guidelines;
- Using any software or
device that allows your dial account to stay logged on
while you are not actively using the Service or using
your account for the purpose of operating a server of
any type;
- Engaging in any of the
above activities or any activities which violate the
Interactive Feature Guidelines or the Member Agreement
through the service of another Internet access provider
but channeling such activities through an account with
the Service or a re-mailer, or using an IDEALPBX account
as a mail drop for responses;
Network and System
Security
Violations of system or
network security are prohibited and may result in criminal
and civil liability.
IDEALPBX will investigate
incidents involving violations and may involve and cooperate
with law enforcement agencies. 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, network or to breach security or authentication
measures;
- Unauthorized monitoring
of data or traffic on any network or system;
- Interference with
service to any user, host or network including without
limitation, mail bombing, 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;
- Knowingly engaging in
any activities that may cause a denial of service (e.g.
synchronized number sequence, SYN attacks) to any
destination or end-user;
- Users shall not use
another site's mail server to relay mail without the
expressed authorization of the site owner;
- Spamming - sending large
numbers of e-mail, and e-mail ads in particular, to
numerous e-mail users; or blanket postings to the same
newsgroups;
- Making unauthorized
attempts to gain access to any account or computer
resource not belonging to that user (e.g. spoofing);
- Deliberate distribution
of computer viruses or malicious code to any User or
end-user.
IDEALPBX forwards complaints
about use of the Service to the Information Security
Department for investigation. If irresponsible or illegal
activity is confirmed, Users products and services may be
subject to termination or other action, including but not
limited to, the involvement and cooperation of law
enforcement agencies. Complaints regarding Illegal Use,
System or Network Security issues should be sent to
support@Iidealsystems.cc. Complaints regarding email abuse
should be sent to support@idealsystems.cc.
Liability
Limitations / Disclaimer of
Warranties
YOU EXPRESSLY AGREE THAT YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS MADE
AVAILABLE ON AN "AS IS," "AS AVAILABLE" BASIS. NEITHER
IDEALPBX NOR ANY SUPPLIER, LICENSOR, EMPLOYEE, AGENT, OR
CONTRACTOR MAKES ANY WARRANTY WHATSOEVER REGARDING THE
SERVICE OR THE INTERNET, ANY INFORMATION, SERVICES OR
PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE
OR THE INTERNET (INCLUDING WITHOUT LIMITATION THE COMPANY
SOFTWARE LICENSED HEREUNDER), OR ANY RESULTS TO BE OBTAINED
THROUGH THE USE THEREOF, AND THE COMPANY HEREBY EXPRESSLY
DISCLAIMS ON BEHALF OF ITSELF AND ALL SUPPLIERS ANY AND ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES
AS TO THE AVAILABILITY, ACCURACY, SECURITY,
NON-INFRINGEMENT, OR CONTENT OF INFORMATION, PRODUCTS, OR
SERVICES; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
ANY LIABILITY OF THE COMPANY,
ITS SUPPLIERS, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS,
INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES
CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT
PAID TO IDEALPBX BY OR ON BEHALF OF THE MEMBER FOR
MEMBERSHIP FEES (EXCLUDING FEES FOR SEPARATELY CHARGED EXTRA
FEE FEATURES OR OPTIONS) IN THE 12 MONTHS PRIOR TO THE
CLAIMED INJURY OR DAMAGE. IN NO EVENT SHALL THE COMPANY, ITS
SUPPLIERS, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (EVEN IF IDEALPBX HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THE USE OR
INABILITY TO USE THE SERVICE, THE INTERNET, OR ANY BREACH OF
ANY WARRANTY. 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 YOU.
Opinions, advice and all
other information expressed by anyone, including information
providers under contract to IDEALPBX and non-IDEALPBX
employee Moderators, represent their own views and not those
of the Service. You should not rely on such opinions, advice
or other information for important personal decisions, but
seek professional advice. We especially caution users of the
Service who intend to use the Service to receive or request
any news, messages, alerts or other information regarding
companies, stock quotes, investments or securities. The
Service is provided for informational purposes only, and no
content included in the Service should be used as a basis
for trading or investing in securities. IDEALPBX shall not
be responsible or liable for any trading or investment
decisions made based on such information.
Finally, IDEALPBX does not
assume liability to users for any failure to enforce the
terms of the Acceptable Use Policy.
Indemnification
Each User agrees to indemnify
and hold harmless IS Technologies LLC., its affiliates,
shareholders, officers, directors, employees and agents from
any damages, costs, and expenses, including attorneys' fees,
arising out of or in connection with his breach of the
Service's AUP.
A Special Warning to
Parents and Members
The Service is directed to a
general audience Internet service and does not target
content to children age 12 or under.
If you allow your children to
access the Service, please remind them of the dangers
involved when corresponding or communicating with strangers
or new acquaintances on the Internet (especially in Chat and
Newsgroup rooms, as well as when using e-mail). It may also
be wise to carefully note all Internet pen pals with whom
your child frequently corresponds. For more information
about children's use of the Internet, see the Privacy
Policy.
Certain Web Sites are
registered with the Internet Content Rating Association (ICRA).
This organization provides Web surfers with information
about the suitability of Internet content for themselves and
their families. If the site is not registered or does not
fit the categories selected by certain visitors who use the
ICRA product on their computers, those visitors will not be
able to access that site. (Please note that the ICRA
software functions only with Microsoft® Internet Explorer™
browser. If you are using another browser, look at your
browser's help area to find out more information about
content suitability ratings.) ICRA may be used for rating
Web sites only and does not rate Newsgroups, Chat, etc.
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