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ACCEPTABLE USE POLICY
Feedme2's Acceptable Use Policy ("AUP") is provided
to give our customers and users a clear understanding of what
Feedme2 expects of them while using our service. All users
of Feedme2'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 Feedme2 Service constitutes acceptance and agreement
to Feedme2's AUP as well as Feedme2's TOS
(Terms of Service)
IMPORTANT NOTICE: *All Payments To Feedme2 Are Non-Refundable*
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.
Feedme2 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
Feedme2 account or other actions as detailed in Section 3
WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understanding
of Feedme2's Acceptable Use Policy. The following are guidelines
for the establishment and enforcement of Feedme2's AUP:
* Ensure reliable service to our customers
* Ensure security and privacy of our systems and network
* 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
Feedme2 intends to provide its customers access to everything
the Internet has to offer. While the Feedme2 is firmly committed
to the principles of free speech, certain activities that
may be damaging to the resources of both the Feedme2 and the
Internet and cannot be permitted under the guide lines of
free speech. The resources of the Feedme2 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 site to publish material, which Feedme2.com
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 Feedme2 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
abuse@Feedme2.com.
VIOLATIONS OF Feedme2 ACCEPTABLE
USE POLICY
The following constitute violations of this AUP:
1. Illegal use: Feedme2's services may not be used for illegal
purposes, or in support of illegal activities. Feedme2 reserves
the right to cooperate with legal authorities and/or injured
third parties in the investigation of any suspected crime
or civil wrongdoing.
2. Harm to minors: Use of the Feedme2 service to harm, or
attempt to harm, minors in any way, including, but not limited
to child pornography.
3. Threats: Use of the Feedme2 service to transmit any material
(by e-mail, uploading, posting or otherwise) that threatens
or encourages bodily harm or destruction of property.
4. Harassment: Use of the Feedme2 service to transmit any
material (by e-mail, uploading, posting or otherwise) that
harasses another.
5. Fraudulent activity: Use of Feedme2 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."
6. 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 re-mailers or nicknames does
not constitute impersonation.
7. Unsolicited commercial e-mail / Unsolicited bulk e-mail
(SPAM) Use of the Feedme2 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 Feedme2 account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, any websites or service that support
spammers or cause any of our IP space to be listed in any
of the various Spam Databases will have their website immediately
removed from our network. The website will not be reconnected
until such time that you agree to remove ANY and ALL traces
of the offending material immediately upon reconnection and
agree to allow us access to the website to confirm that all
material has been COMPLETELY removed. Severe violations may
result in immediate and permanent removal of the website from
our network without notice to the customer. Any website guilty
of a second violation WILL be immediately and permanently
removed from our network without notice.
8. 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 Feedme2 account.
9. E-mail / Message Forging: Forging any message header,
in part or whole, of any electronic transmission, originating
or passing through the Feedme2 service is in violation of
this AUP.
10. Usenet SPAMing:
Feedme2 has a zero tolerance policy for the use of its network
for the posting of messages or commercial advertisements,
which violate the rules, regulations, FAQ or charter of any
newsgroups or mailing list. Commercial messages that are appropriate
under the rules of a newsgroup or mailing list or that are
solicited by the recipients are permitted.
11. Unauthorized access:
Use of the Feedme2 service to access, or to attempt to access,
the accounts of others, or to penetrate, or attempt to penetrate,
security measures of Feedme2's 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 Feedme2 account is subject to immediate
termination.
12. Copyright or trademark infringement:
Use of the Feedme2 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.
13. Collection of personal data: Use of the Feedme2 service
to collect, or attempt to collect, personal information about
third parties without their knowledge or consent.
14. Network disruptions and unfriendly activity:
Use of the Feedme2 service for any activity which affects
the ability of other people or systems to use Feedme2 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. Feedme2 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.
15. Fraud: Involves a knowing misrepresentation or misleading
statement, writing or activity made with the intent that the
person receiving it will act upon it.
16. 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.
17. 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.
18. Inappropriate Use of Software: Use of software or any
device that would facilitate a continued connection, i.e.
pinging, while using Feedme2 services could result in suspension
service.
19. Third Party Accountability: Feedme2 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.
20. Violation Of Feedme2 Virtual Accounts: It is absolutely
forbidden to host pornographic content or IRC servers on Virtual
Server Accounts. Virtual Server Accounts found hosting this
material will be subject to immediate cancellation without
refund.
21. IRC networks: It is absolutely forbidden to host an IRC
server that is part of or connected to another IRC network
or server. Servers found to be connecting to or part of these
networks will be immediately removed from our network without
notice. The server will not be reconnected to the network
until such time that you agree to completely remove any and
all traces of the irc server, and agree to let us have access
to your server to confirm that the content has been completely
removed. Any server guilty of a second violation will result
in immediate account termination.
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. Feedme2 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 Feedme2 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 Feedme2 systems or
networks. Feedme2 reserves the right to terminate or limit
such activities.
REPORTING VIOLATIONS OF Feedme2
AUP
Feedme2 requests that anyone who believes that there is a
violation of this AUP direct the information to the Abuse
Department at abuse@Feedme2.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. Feedme2 may take any one or more of
the following actions in response to complaints:
* Issue written or verbal warnings
* Suspend the Member's newsgroup posting privileges
* Suspend the Member's account
* Terminate the Member's account
* Bill the Member for administrative costs and/or reactivation
charges
* Bring legal action to enjoin violations and/or to collect
damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
Feedme2 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).
TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To Feedme2 Are Non-Refundable*
Feedme2, Inc. ("The Company") agrees to furnish
services to the Subscriber, subject to the following TOS
(Terms of Service).
Use of Feedme2 Service constitutes acceptance and agreement
to Feedme2's AUP as well as Feedme2's TOS
(Terms of Service).
All provisions of this contract are subject to the TOS
(Terms of Service) of Feedme2, Inc. and AUP (Acceptable Use
Policy).
The AUP may be changed from time to time at the discretion
of the Company. Subscriber understands that change to the
AUP by the Company shall not be grounds for early contract
termination or non-payment.
This Agreement shall be construed in all respects in accordance
with the laws of Southern California, county of Orange applicable
to contracts enforceable in that state. Venue will be Orannge
County, California
22. Disclosure to Law Enforcement: The AUP specifically prohibits
the use of our service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose any and all
subscriber information including assigned IP numbers, account
history, account use, etc. to any law enforcement agent who
makes a written request without further consent or notification
to the Subscriber. In addition Feedme2 shall have the right
to terminate all service set forth in this Agreement.
23. Service Rates:
Subscriber acknowledges that the nature of the service furnished
and the initial rates and charges have been communicated to
Subscriber. Subscriber is aware that the Company may prospectively
change the specified rates and charges from time to time.
The promotional offer is contingent upon Company achieving
and maintaining its cost of service goals including but not
limited to rates charged to company by its suppliers.
24. Payment:
Establishment of this service is dependent upon receipt by
the Company of payment of stated charges. Subsequent payments
are due on the anniversary date of the month for that month's
service. All accounts and services provided by Feedme2 are
subject to the current tax rate as imposed by the City of
Newport Beach, State of California which is currently 7.5%.
100% of the setup fee is subject to the 7.5% tax rate. The
above applies to all accounts and services provided by Feedme2.
25. Payments and Fees:
Credit cards that are declined for any reason are subject
to a $1.00 declination fee. Service will be interrupted on
accounts that reach 10 days past due. Service interrupted
for nonpayment is subject to a $45 reconnect charge. Accounts
not paid by due date are subject to a
$25.00 late fee. Accounts that are not collectable by Feedme2
may be turned over to an outside collection agency for collection.
If your account is turned over for collection, you agree to
pay the company a "Processing and Collection" Fee
of not less than $50 nor more than
$150. If you desire to cancel your account, please follow
the proper procedure to do this as outlined in this TOS.
26. Refund and Disputes:
All payments to Feedme2, Inc. are nonrefundable. This includes
the one time setup fee and subsequent charges regardless of
usage. All overcharges or billing disputes must be reported
within 60 days of the time the dispute occurred. If you dispute
a charge to your credit card issuer that, in Feedme2's sole
discretion is a valid charge under the provisions of the TOS
and / or AUP, you agree to pay Feedme2 an "Administrative
Fee" of not less than $50 and not more than $150.
27. Failure to Pay:
The Company may temporarily deny service or terminate this
Agreement upon the failure of Subscriber to pay charges when
due. Such termination or denial will not relieve Subscriber
of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees.
28. Account Cancellation:
Requests for canceling accounts may be made in writing with
at least 30 days notice but not more than 60 days prior written
notice and sent to
Feedme2 Attn: Cancellations
177 Riverside Ave. Suite F1165
Newport beach CA 92663
Or you may call +1-949-340-9689 or fax the cancellation request
to +1-949-340-1150.
Feedme2.com's preferred method of cancellation is via the
members section of your Feedme2.com account.
Please log into your control panel at http://www.Feedme2.com
and you can request to have your service cancelled there via
the online ticketing system.
You must have all account information to cancel.
29. Subscriber acknowledges that the service provided is
of such a nature that service can be interrupted for many
reasons other than the negligence of the company and that
damages resulting from any interruption of service are difficult
to ascertain. Therefore, subscriber agrees that the company
shall not be liable for any damages arising from such causes
beyond the direct and exclusive control of the company. Subscriber
further acknowledges that the company's liability for its
own negligence may not in any event exceed an amount equivalent
to charges payable by subscriber for services during the period
damages occurred. In no event shall the company be liable
for any special or consequential damages, loss or injury.
30. New Domain Accounts:
All new web hosting accounts involving new domains will be
set up and entered into our DNS servers within 3 to 5 business
days. Due to unforeseen complications, however, this process
may sometimes require up to 7 business days. If the new domain
is registered by the account holder, there will be no handling
fee. If the domain is registered by Feedme2, Inc. on behalf
of the account holder a handling fee will be incurred.
31. Transfer of Domains:
New web hosting accounts which involve the transfer of a domain
from another provider to Feedme2 will require a minimum of
seven (7) days to be set up and entered into our DNS servers.
In some cases, such transfers may take up to sixty (60) days.
Due to the unpredictable nature of the transfer process, no
guarantees are made regarding the amount of time a specific
transfer may take. If the transfer of the domain is done by
Feedme2 on behalf of the account holder a handling fee will
be incurred. If the customer cancels service during the transfer
period for any reason, all charges are considered earned.
32. Support Boundaries:
Feedme2 provides 24 x 7 technical support to our subscribers
(except for few holidays and short company meetings when we
close our center.)
We limit our technical support to our area of expertise.
The following is our guidelines when providing support:
Feedme2 provides support related to your server or virtual
site physical functioning. Feedme2 does not offer tech support
for application specific issues such as cgi programming, html
or any other such issue. Feedme2 does not provide technical
support for YOUR customers. If you can email, we encourage
you to email support@Feedme2.com for assistance. If you are
able to get online and have other questions, the answers may
be on our support page at http://Feedme2.webmastertoolkit.com
- we encourage you to check there first. Lastly, the Help
files in the program you are using may have the answer to
your question so please do investigate these resources before
calling tech support.
33. SPAM and Unsolicited Commercial
Email (UCE):
Feedme2 takes a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM over our network.
Very simply this means that customers of Feedme2 may not use
or permit others to use our network to transact in UCE. Customers
of Feedme2 may not host, or permit hosting of, sites or information
that is advertised by UCE from other networks. Violations
of this policy carry severe penalties, including termination
of service.
a. Violation of Feedme2's SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our
SPAM policy, Feedme2 will initiate an immediate investigation
(within 48 hours of notification). During the investigation,
Feedme2 may restrict customer access to the network to prevent
further violations. If a customer is found to be in violation
of our SPAM policy, Feedme2 may, at its sole discretion, restrict,
suspend or terminate customer's account. Further, Feedme2
reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy
violation. Feedme2 will notify law enforcement officials if
the violation is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative
Fee" of $250 and your account will be reviewed for possible
immediate termination. A second violation will result in an
"Administrative Fee" of $500 and immediate termination
of your account. Users who violate this policy agree that
in addition to these "Administrative" penalties,
they will pay " Research Fees" not to exceed $175
per hour that Feedme2 personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions
of their clients over the Feedme2 network, it is advisable
that Customers develop a similar, or stricter, policy for
their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services
on their server that support spammers or cause any of our
IP space to be listed in any of the various Spam Databases
will have their server immediately removed from our network.
The server will not be reconnected until such time that you
agree to remove ANY and ALL traces of the offending material
immediately upon reconnection and agree to allow us access
to the server to confirm that all material has been COMPLETELY
removed. Severe violations may result in immediate and permanent
removal of the server from our network without notice to the
customer. Any server guilty of a second violation WILL be
immediately and permanently removed from our network without
notice.
34. Network
a. IP Address Ownership:
If Feedme2 assigns Customer an Internet Protocol address for
Customer's use, the right to use that Internet Protocol address
shall belong only to Feedme2, and Customer shall have no right
to use that Internet Protocol address except as permitted
by Feedme2 in its sole discretion in connection with the Services,
during the term of this Agreement. Feedme2 shall maintain
and control ownership of all Internet Protocol numbers and
addresses that may be assigned to Customer by Feedme2, and
Feedme2 reserves the right to change or remove any and all
such Internet Protocol numbers and addresses, in its sole
and absolute discretion. Our allocation of IP addresses is
limited by ARIN's new policies. These new policies state that
use of IP addresses for IP based virtual hosts will not be
accepted as justification for new IP addresses. What this
means to you is that you MUST use name-based hosting where
possible. We will periodically review IP address usage, and
if we find that clients are using IP addresses where name-based
hosting could be used, we will revoke authorization to use
those IP addresses that could be used with name-based hosting.
b. Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed
the number of megabytes per month for the Services ordered
by Customer on the Order Form
(the "Agreed Usage"). Feedme2 will monitor Customer's
bandwidth and disk usage. Feedme2 shall have the right to
take corrective action if Customer's bandwidth or disk usage
exceeds the Agreed Usage. Such corrective action may include
the assessment of additional charges, disconnection or discontinuance
of any and all Services, or termination of this Agreement,
which actions may be taken is in Feedme2's sole and absolute
discretion. If Feedme2 takes any corrective action under this
section, Customer shall not be entitled to a refund of any
fees paid in advance prior to such action.
In the event that a customer exceeds the included allocation,
Feedme2 may, at its sole discretion, collect a deposit, in
an amount determined by Feedme2, against customer's credit
card on file with Feedme2.
c. System and Network Security:
Users are prohibited from violating or attempting to violate
the security of the Feedme2 Network. Violations of system
or network security may result in civil or criminal liability.
Feedme2 will investigate occurrences, which may involve such
violations and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such
violations.
These violations include, without limitation:
i. Accessing data not intended for such User or
logging into a server or account, which such User is not authorized
to access.
ii. Attempting to probe, scan or test the vulnerability of
a system or network or to breach security or authentication
measures without proper authorization.
iii. Attempting to interfere with service to any user, host
or network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which
such User is not entitled.
35. Notification of Violation:
a. Feedme2 is under no duty to look at each customer's or
user's activities to determine if a violation of the AUP has
occurred, nor do we assume any responsibility through our
AUP to monitor or police Internet-related activities.
b. First violation: Any User, which Feedme2 determines to
have violated any element of this Acceptable Use Policy, shall
receive an email, warning them of the violation. The service
may be subject at Feedme2's discretion to a temporary suspension
pending a User's agreement in writing, to refrain from any
further violations.
c. Second Violation:
Users that Feedme2 determines to have committed a second violation
of any element of this Acceptable Use Policy shall be subject
to immediate suspension or termination of service without
further notice.
d. We reserve the right, to drop the section of IP space
involved in Spam or Denial-of-Service complaints if it is
clear that the offending activity is causing great harm to
parties on the Internet. In particular, if open relays are
on your network or a customer's network, or if denial of service
attacks are originating from your network. In certain rare
cases, we may have to do this before attempting to contact
you. If we do this, we will contact you as soon as is feasible.
36. Suspension of Service or Cancellation:
Feedme2 reserves the right to suspend network access to any
customer if in the judgment of the Feedme2 network administrators
the customer's server is the source or target of the violation
of any of the other terms of the AUP or for any other reason
which Feedme2 chooses. If inappropriate activity is detected,
all accounts of the Customer in question will be deactivated
until an investigation is complete. Prior notification to
the Customer is not assured.
In extreme cases, law enforcement will be contacted regarding
the activity. The customer will not be credited for the time
the customer's machines were suspended.
37. Feedme2 reserves the right to amend its policies at any
time. All Sub-Networks, resellers and managed servers of Feedme2
must adhere to the above policies. Failure to follow any term
or condition will be grounds for immediate Cancellation. You
will be held responsible for the actions of your clients in
the matter described on these Terms and conditions. Therefore,
it is in your best interest to implement a similar or stricter
Terms and conditions or otherwise called Acceptable Terms
of use policy.
38. Indemnification:
Feedme2 wishes to emphasize that in agreeing to the Feedme2
Acceptable Use Policy (AUP) and Terms of Service (ToS), customer
indemnifies Feedme2 for any violation of the Acceptable Use
Policy (AUP) and Terms of Service
(ToS) that results in loss to Feedme2 or the bringing of any
claim against Feedme2 by any third-party. This means that
if Feedme2 is sued because of a customer's or a customer of
a customer's activity, the customer will pay any damages awarded
against Feedme2, plus all costs and attorney's fees.
39. Miscellaneous Provisions:
You must provide us with, and keep current, good contact information
for you. E-mail, fax, and telephone contacts are used, in
that order of preference.
a. A waiver by the Company of any breach of any provision
of this Agreement by Subscriber shall not operate as or be
construed as a continuing or subsequent waiver thereof or
as a waiver of any breach of any other provision thereof.
b. Subscriber shall not transfer or assign this Agreement
without the prior written consent of the Company. Company
may assign Agreement at anytime without consent from or notice
to Subscriber. Company reserves right to cancel customers
rights under this contract at anytime without further obligation.
c. Feedme2 takes no responsibility for any material input
by others and not posted to the Feedme2 Network by Feedme2.
Feedme2 is not responsible for the content of any other websites
linked to the Feedme2 Network; links are provided as Internet
navigation tools only. Feedme2 disclaims any responsibility
for any such inappropriate use and any liability to any person
or party for any other person or party's violation of this
policy.
d. Feedme2 is not responsible for any damages your business
may suffer. Feedme2 does not make implied or written warranties
for any of our services. Feedme2 denies any warranty or merchantability
for a specific purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by Feedme2.
e. It is absolutely forbidden to host pornographic content
or IRC servers on Virtual Server Accounts. Virtual Server
Accounts found hosting this material will be subject to immediate
cancellation without refund.
40. Responsibility for Content:
You, as Feedme2's customer, are solely responsible for the
content stored on and served by your Feedme2 server.
Windows Servers: Requirements for using Microsoft software.
Subscribers are prohibited from allowing more than five (5)
authenticated users of the Microsoft Windows Server Operating
Systems under Microsoft licensing terms and could create liability
issues with Microsoft if violated.
Customer agrees not to remove, modify or obscure any copyright,
trademark or other proprietary rights notices that appear
on Software Products or that appear during the use of Software
Products. Customer further agrees not to reverse engineer,
decompile, or disassemble the Software Products.
Feedme2 may provide you access to other third party software
and/or services ("Third Party Products ") through
reseller relationships Feedme2 has established with certain
commercial vendors, including without limitation, Microsoft
Corporation ("Third Party Vendors"). Unless otherwise
notified, Customer understands that product support for Third
Party Products is provided by Feedme2 and not by the Third
Party Vendor.
Neither Feedme2 nor any Third Party Vendor makes any representations
or warranties, express or implied, regarding any Third Party
Products.
Customer expressly acknowledges and agrees that use of third
party products is at customer's sole risk and such third party
products are provided "as is" and without representation
or warranty of any kind from Feedme2 or any third party vendor,
including without limitation, any implied warranty of merchantability,
fitness for a particular purpose, accuracy or completeness
of responses or results, correspondence to description, or
non-infringement of third party rights. To the maximum extent
permitted by applicable law, neither Feedme2 nor any third
party vendor will be legally responsible for any damages,
whether direct, indirect, or consequential, arising from the
use or inability to use any third party product.
Customer agrees to observe the terms of any license and/or
applicable end user subscriber agreement for third party products
and that customer shall be fully liable to third party vendors
and Feedme2 with respect to any improper use of such third
party products or violation of license agreements with them
and/or applicable end user subscriber agreements.
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