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August 28, 2008 |
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PAD Technologies, Inc ("PADTech"), is the operator of 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. PADTech 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 PADTech), 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. PADTech 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. PADTech reserves the right to remove any material that, in PADTech's sole discretion, may be illegal, may subject PADTech or it affiliates to liability, or may violate this Acceptable Use Policy. If you violate this AUP, PADTech may suspend or terminate your right of access to the Service. Violations of this AUP may result in criminal and civil liability. PADTech 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. PADTech may at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PADTech 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 PADTech 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:
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:
Network and System Security Violations of system or network security are prohibited and may result in criminal and civil liability. PADTech 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:
PADTech 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@padtechnologies.com. Complaints regarding email abuse should be sent to abuse@padtechnologies.com. 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 PADTECH 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 PADTech 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 PADTECH 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 PADTech and non-PADTech 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. PADTech shall not be responsible or liable for any trading or investment decisions made based on such information. Finally, PADTech 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 PAD Technologies, Inc., 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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| All Rights Reserved 2006, PAD Technologies, Inc. [AUP] [] [] [Network Status - Up] |