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General: MarkeTrends offers Internet access and related services, including the hosting of Web Sites through its system to its clients. These Terms of Service set forth the basic rules, which apply, to MarkeTrends services. MarkeTrends may change these Terms of Service in the future upon notice published on-line or otherwise provided by MarkeTrends. BY USING MarkeTrends, A CLIENT AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ON-LINE OR OTHERWISE AVAILABLE FROM MarkeTrends FROM TIME TO TIME. Prohibited Uses of MarkeTrends Systems, Products and Services 1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. 2. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material ("e-mail spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. It also includes posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting). MarkeTrends accounts or services may not be used to collect replies to messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider. 3. Unauthorized use, or forging, of mail header information (e.g. "spoofing"). 4. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking"). 5. Obtaining or attempting to obtain service by any means or device with intent to avoid payment. 6. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any MarkeTrends customers or end-users by any means or device. 7. Knowingly engage in any activities that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any MarkeTrends customers or end-users whether on the MarkeTrends network or on another provider network. 8. Using MarkeTrends Products and Services to interfere with the use of the MarkeTrends network by other customers or authorized users. Each MarkeTrends IP customer is responsible for the activities of its customer base/representatives or end-users and, by accepting service from MarkeTrends, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a MarkeTrends IP customer will be forwarded to the MarkeTrends IP customer postmaster for action. If violations of the MarkeTrends Acceptable Use Policy occur, MarkeTrends IP customer Products and Services reserves the right to terminate services with or take action to stop the offending customer from violating MarkeTrends AUP as MarkeTrends deems appropriate, without notice. Changes to Service: The services provided by MarkeTrends are expected to change from time to time. MarkeTrends reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, system hardware, software and pricing. Payment Terms - Billing Terms: Our billing cycle begins on the 1st of each month. This charge will include any flat rate service charges for the upcoming month and any additional usage charges incurred in the previous months. The preferred method of payment is a Check or Credit card made payable to MarkeTrends. Delinquent accounts may have Services terminated at the discretion of MarkeTrends. Termination of Service does not relieve you of liability for any outstanding funds due to MarkeTrends. Termination and Suspension: Either the subscriber or MarkeTrends may terminate the client's account. Subscriber must submit to MarkeTrends in writing a request to terminate said subscriber's account. Such writing can be done via email to the billing department at the following email address: billing@marketrends.net MarkeTrends may delete all data, files or other information that is stored in subscriber's account or hosted Web Site or mailbox upon termination unless a prior termination or migration agreement has been reached. No Warranty Limitation of Liability: Use of MarkeTrends' services and the Internet in general are at user's sole risk. MarkeTrends does not warrant that the services provided will be uninterrupted, error-free, free from unauthorized intrusion, or that MarkeTrends services or systems will meet any particular criteria of performance or quality. Nor does MarkeTrends make any warranty as to the results of information obtained from use of its services or the Internet in general. MarkeTrends' services are provided on an "as is", "as available" basis without warranties of any kind either expressed or implied. This includes implied warranties of merchantability, fitness for a particular purpose, compatibility, security or accuracy. All such warranties are hereby expressly disclaimed except to the extent any warranty cannot be disclaimed under applicable law. Under no circumstances shall MarkeTrends be liable for any indirect, incidental, special or consequential damages, including and without limitation loss of profits. Without limiting the foregoing, MarkeTrends will not be liable for damages resulting from the use or inability to use all or any part of MarkeTrends services. Nor will it be liable for reliance by any person on information obtained through MarkeTrends' service or the Internet, deletion or loss of files or E-Mail, Viruses, any delay or failure of performance, or unauthorized access to records or files. Non-transferability: Client's account and right to use MarkeTrends services and system is not transferable without MarkeTrends consent. If applicable, client agrees to protect their password and account and to keep them secure from unauthorized users and use. Confidentiality: MarkeTrends treats data and E-mail messages as private. Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA"). The ECPA permits MarkeTrends (USA) limited ability
to intercept and/or disclose electronic messages, including, for
example: Users should be aware that electronic messages might be intercepted lawfully or unlawfully outside of MarkeTrends' system. In addition, although MarkeTrends has implemented certain security measures, MarkeTrends cannot guaranty that its system or stored data of a subscriber will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any user. Software: As a courtesy to subscribers, MarkeTrends has accumulated a library of software, which is "shareware" or "freeware". MarkeTrends is not the author of or otherwise responsible for any such software, nor is MarkeTrends engaged in the sale or licensing of such software. The subscriber and any other user assumes all risk of any kind with respect to such software. The subscriber is responsible for payment of any licensing fees. No subscriber or user will assert any claim against MarkeTrends with respect to any "shareware" or "freeware" obtained through MarkeTrends or otherwise. Custom written Scripts and Programs: MarkeTrends will retain Intellectual copyright for any custom written Scripts, programs or other miscellaneous utilities present on all MarkeTrends servers. The unauthorized copying, reverse engineering, or transmission of said material is expressly forbidden, unless prior written consent has been received from MarkeTrends. MarkeTrends shall not be liable for any direct, indirect, incidental, special exemplary or consequential damages (Including but not limited to, procurement of substitute goods or services; loss of life, data or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of said scripts, programs, consultancy or any other goods or services supplied by MarkeTrends in relation to the service provided. Service: MarkeTrends shall not be responsible for delays or failures in performance resulting from acts beyond the control of MarkeTrends. Such acts shall include, but not be limited to, Acts of God, strikes, lockouts, riot or other civil disturbance, acts of war, epidemics, governmental regulations imposed after the date of this contract, fire, communication line failure, earthquakes, and/or other disasters. MarkeTrends reserves the right, at all times, and from time to time, and at its own discretion, to suspend or disrupt service on a temporary basis for the purpose of routine and/or general maintenance service. This suspension may occur without notice. MarkeTrends will exercise it's best efforts to make adequate advance notice of such suspension. The Subscriber will not seek to receive any credit or any form of recovery whatsoever for this category of service suspension. Subscriber is solely responsible for backing up any and all data stored on MarkeTrends and will indemnify and hold harmless to provider for any or all loss data due to, but not limited to, disruption of service. FTP (File Transfer Protocol) Policies: Users will not attempt to view or download any system files or their account may be terminated. Any such attempts are logged and sent on to an organization called CERT. Any such attempts may be prosecuted to the fullest extend of the law. Customers shall not attempt to upload or create any duplicates of system files for their own use without prior written consent from a MarkeTrends System Administrator. MarkeTrends reserves the right to remove any suspicious files or change permissions on any suspicious files within a subscribers directory structure without any prior notice. Customers shall not create or attempt to create non standard directory names or file names. Any such attempt shall deem an attempt at hacking into the system, and therefore the account shall be terminated without prior notice. Report Policy violations to abuse@MarkeTrends.net Updated: Sunday April 8th 2001 |