| Terms
of Service and Acceptable Use Policy |
| SMR
Group Media provides Internet World Wide Web page hosting,
Marketing and Development. SMR Group Media has certain
legal and ethical responsibilities consisting with the
use of its server and equipment involved in these services. |
 |
| SMR
Group Media general policy is to act as a provider of Internet
presence. SMR Group Media reserves the right to suspend
or cancel a customer’s access to any or all services
provided by SMR Group when we decide that the account has
been inappropriately used. |
|
| Server
Abuse |
| Any
attempt to undermine or cause harm to a server or customer
of SMR Group Media is strictly prohibited. |
|
| SMR
Group Media will strongly react to any use or attempted
use of an Internet account or computer without the owner’s
authorization. Such attempts include “Internet scamming” (tricking
other people into releasing their passwords), password
robbery, security hole scanning etc. |
|
| Any
unauthorized use of accounts or computers by an SMR Group
Media customer, whether or not the attacked account or
computer belongs to SMR Group Media, will result in action
against the attacker. Possible actions include warnings,
account suspension or cancellation, and civil or criminal
legal action, depending on the seriousness of the attack. |
|
| SMR
Group Media has the right to discontinue service, or deny
access to anyone who violates our Policies or the terms
and conditions shown below WITHOUT WARNING OR PRIOR NOTICE.
No refunds of fees paid will be made if account termination
is due to violation of the terms outlined below. |
|
| Customers
may not run IRC bots or clients on shared servers. Unacceptable
uses also include, but are NOT limited to: Bulk E-mailing,
unsolicited E-mailings (also known as UCE), newsgroup spamming,
pornographic content, illegal content, copyright infringement,
trademark infringement, warez, cracks, software serial
numbers and/or anything else determined by SMR Group Media
to be unacceptable use of SMR Group Media’s services,
including abuse of server resources. |
|
| Accounts
may be terminated that include the following content or
that have links to the following content: |
|
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Providing material
that is grossly offensive to the Web community including
blatant expressions of bigotry, racism, hatred, or profanity. |
|
Promoting or
providing instructional information about illegal activities,
or promoting physical harm or injury against any group
or individual. |
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Displaying material
containing obscene nudity or pornography. |
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Displaying material
that exploits children less than 18 years of age. |
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Acts of copyright
infringement including offering pirated computer programs
or links to such programs, information used to circumvent
manufacturer-installed copy-protect devices, including
serial or registration numbers for software programs,
or any type of cracker utilities. |
|
|
| Unsolicited
Email (Spam) |
| Unsolicited
commercial advertisements (spam) are not allowed in E-mail,
and will likely result in account cancellation. |
|
| SMR
Group Media takes a zero-tolerance approach to spam originating
from our servers and to spam advertising of domains hosted
on our servers. |
|
| The
following spam activities are disallowed: |
|
|
Unsolicited
bulk or commercial messages (“spam”). This
includes, but is not limited to, bulk mailing of commercial
advertising, informational announcements, charity requests,
petitions for signatures, and political or religious
tracts. Such messages may only be sent to those who
have explicitly requested it from your domain. |
|
Forging,
altering or removing electronic mail headers is prohibited.
Any domain sending stealth spam will be terminated
without warning. |
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Sending
numerous copies of the same or substantially similar
message with the intent to disrupt a server or account
(“mail bombing”). |
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Spamming
Newsgroups: Commercial advertisements are unwelcome
in most Usenet discussion groups and on most E-mail
mailing lists. Inappropriate posting may result in
account cancellation. See the newsgroup or mailing
list’s charter for whether advertising is permitted. “Spamming”,
or sending a message to many different off-topic newsgroups
is particularly unethical and will be treated as such. |
|
Mail
may not be used to harass or intimidate others. Harassment,
whether through language, frequency of messages or
size of messages, is prohibited. Sending a single unwelcome
message may be considered harassment. If a recipient
asks to stop receiving E-mail, you must not send that
person any further messages. |
|
|
| Note:
If you use the services of another provider to promote
a web site hosted by or through SMR Group Media (“spamvertising”),
then the provisions of the above policy shall apply as
if the spam were sent through our servers. |
|
| Cancellation |
| SMR
Group Media reserves the right to cancel service at any
time. All fees paid in advance of cancellation will be
pro-rated and paid by SMR Group Media if SMR Group Media
institutes its right of cancellation. Any violation of
policies that results in extra costs will be billed to
the customer. |
|
| Intellectual
Property Rights |
| Material
accessible to you through SMR Group Media’s services
may be subject to protection under the United States, European
or other copyright laws, or laws protecting trademarks,
trade secrets or proprietary information. Except when expressly
permitted by the owner of such rights, you must not use
SMR Group Media or its servers and network in a manner
that would infringe, violate, dilute or misappropriate
any such rights, with respect to any material, which you
access or receive through the SMR Group Media network.
If you use a domain name in connection with SMR Group Media
or similar service, you must not use that domain name in
violation of any trademark, service mark, or similar rights
of any third party. |
|
| Network
Security |
| Customers
may not use the SMR Group Media network in an 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 the customer, logging
into a server or account the customer is not expressly
authorised to access, password cracking, probing the security
of other networks in search of weakness or violation of
any other organisation’s security policy. Customers
may not attempt to interfere or deny service to any user,
host or network. This includes, but is not limited to,
flooding, mail bombing or other deliberate attempts to
overload or crash a host or network. SMR Group Media 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. Users who violate system
or network security may incur criminal or civil liability. |
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| Electronic
Commerce |
| You
will be solely responsible for the development, operation
and maintenance of your online store and products and all
contents and materials appearing online or on your products,
including without limitation (a) the accuracy and appropriateness
of content and materials appearing within the store or
related to your products, (b) ensuring that the content
and materials appearing within the store or related to
your products do not violate or infringe upon the rights
of any third party, and (c) ensuring that the content and
materials appearing within the store or related to your
products are not libellous or otherwise illegal. You will
be solely responsible for the final calculation and application
of shipping and sales tax. You will also be solely responsible
for accepting, processing and filling any customer orders,
and for handling any customer inquiries or complaints arising
there from. |
|
| You
are also responsible for the security of any customer credit
card numbers and related customer information you may access
as a result of conducting electronic commerce transactions
through your web site. You will keep all such information
confidential and will use the same degree of care and security
as you use with your confidential information. |
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| Static
/ Dynamic Content Caching |
| You
expressly (i) grant to SMR Group Media and our connectivity
providers CI Host a license to cache the entirety of your
web site, including content supplied by third parties,
hosted by SMR Group Media under this Agreement and (ii)
agree that such caching is not an infringement of any of
your intellectual property rights or any third party’s
intellectual property rights.. |
|
| IP
Address Ownership |
| SMR
Group Media and our connectivity providers CI Host shall
maintain and control ownership of all IP numbers and addresses
that may be assigned to you by SMR Group Media and SMR
Group Media reserves, in its sole discretion, the right
to change or remove any and all such IP numbers and addresses. |
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| Indemnification |
| CUSTOMER
AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD SMR
GROUP MEDIA HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES,
LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S
FEES ASSERTED AGAINST SMR GROUP MEDIA, ITS AGENTS, ITS
CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT
FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE
PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS,
EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS SMR GROUP MEDIA AGAINST LIABILITIES ARISING
OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY
ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION
WITH SMR GROUP MEDIA’S
SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING
OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A
THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE
PRODUCTS SOLD TO CUSTOMER FROM SMR GROUP MEDIA’S
SERVER. |
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| Disclaimer |
| SMR
GROUP MEDIA WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR
BUSINESS MAY SUFFER. SMR GROUP MEDIA MAKES NO WARRANTIES
OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE.
SMR GROUP MEDIA DISCLAIMS ANY WARRANTY OR MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS
OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY,
AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY SMR GROUP
MEDIA AND ITS EMPLOYEES. SMR GROUP MEDIA RESERVES THE RIGHT
TO REVISE ITS POLICIES AT ANY TIME. |
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us  |
