JEFFGRAY.NET Inc. dba Netcom Enterprises – Acceptable Use and Terms of Service Policy: rev 07.15
You understand that all information, data, text, software programs, music, sound, photographs, graphics, video, messages or other materials ( collectively “Content”), whether publicly posted on your website or privately transmitted via email or in any other manner, is the sole responsibility of the person from which such Content originated. This means that you, and not Jeffgray.net, Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available. Under no circumstances will Jeffgray.net, Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available.
Jeffgray.net, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via our services. Without limiting the foregoing, Jeffgray.net, Inc. and its designees shall have the right to remove any Content that violates this Registration Agreement or is otherwise objectionable. Further, you acknowledge and agree that Jeffgray.net, Inc. may preserve Content and may also disclose such Content if required to do so by law or upon the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Registration Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Jeffgray.net, Inc., its users and the public. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Jeffgray.net, Inc. or submitted to Jeffgray.net, Inc., including without limitation information in Message Boards and all other parts of our services.
You agree to:
a. not upload, post, email, transmit or otherwise make available (collectively, “Transmit”) any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. not harm minors in any way;
c. not impersonate any person or entity, including, but not limited to, a Jeffgray.net, Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted;
e. not Transmit any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. not Transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g. not Transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h. not Transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. not disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. not interfere with or disrupt servers or networks, or disobey any requirements, procedures, policies or regulations of networks;
k. not relay email from a third party’s mail servers without the permission of that third party.
l. not use “robots” or otherwise harvesting other’s email addresses from the Jeffgray.net, Inc. site for purposes of sending unsolicited or unauthorized material.
m. not upload, post, email, or transmit the same message, URL, or post multiple times.
n. not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
o. not “stalk” or otherwise harass another; or
p. not collect or store personal data about other users.
Unsolicited email prohibited; consequences of sending unsolicited email:
Unsolicited email prohibited. You are strictly prohibited from mass-mailing unwanted email advertisements or solicitations of any type (e.g. SPAM, UCE) (collectively, “Unsolicited Email”). Further, in conjunction with all state and federal laws (which you should be aware of and in compliance with when sending out any mail), Jeffgray.net, Inc. prohibits a person from sending out or conspiring with another to initiate the transmission of Unsolicited Email that: (a) uses a third party’s internet domain without permission of the third party, (b) misrepresents or obscures any information in identifying the point of origin, IP address, or the transmission path of a commercial electronic mail message; (c) contains false or misleading information in the subject line or inappropriate/adult material (as determined by Jeffgray.net, Inc.) in the message body; (d) contains an ineffective opt-out procedure; or (e) uses an email list without knowledge of its source. Any user that is a sender of an email that is in violation of the rules in this agreement and/or any law or regulation is required to indemnify and hold Jeffgray.net, Inc. harmless due to the sender’s act or omission in sending the email.
Right to Disable Account or Domain. If you send Unsolicited Email and/or are listed on a public database (i.e. SpamHaus), Jeffgray.net reserves the right, in its sole discretion, to immediately disable any domain or user account that allegedly sent such unsolicited email(s) in order to forestall further abuse or damage to email systems. Unsolicited Email sent from other networks that reference email accounts of domains registered by Jeffgray.net shall be considered to have originated from the account referenced, unless compelling reasons are provided to Jeffgray.net, such that Jeffgray.net believes that the Unsolicited Email originated with an unrelated third party.
Single complaint of Unsolicited Email. If Jeffgray.net, Inc. receives a complaint regarding Unsolicited Email, Jeffgray.net, Inc. will reasonably investigate the claim by, among other things, contacting the administrative contact and/or the account owner of the domain at the listed email address. If there is no response within five (5) days of our request, Jeffgray.net, Inc. will, in its discretion, take such action as it deems warranted to prevent further sending of Unsolicited Email, including but not limited to suspending and locking the domain. If the domain registrant wishes to reinstate the domain after a ‘lock’ is in place, it must apply to do so with Jeffgray.net, Inc., take such remedial measures as Jeffgray.net, Inc. may request, and Jeffgray.net, Inc. may unlock the account, in its sole discretion. For those domains approved to be unlocked, an administrative fee and a probationary period may also be imposed at Jeffgray.net, Inc.’s discretion.
Multiple complaints of Unsolicited Email. If Jeffgray.net, Inc. receives two or more complaints for two or more different domains within the same account related to Unsolicited Email, and there is no response to either or both requests for explanation, Jeffgray.net, Inc. may suspend and lock the domains in question and lock and disable the domains in the entire account. For those domains within the account that have not received an Unsolicited Email complaint, such domains may be permitted to be transferred to another registrar at the account owner/domain registrant’s sole expense. However, the domains that have received Unsolicited Email complaints will remain locked and suspended, at Jeffgray.net, Inc.’s discretion.
Additional Unsolicited Email guidelines. Certain Jeffgray.net, Inc. services may have additional Unsolicited Email guidelines explaining appropriate conduct for those services. It is the user’s responsibility to read and comply with each service’s guidelines for additional details regarding Unsolicited Email.
Enforcement of Unsolicited Email policy. In addition to the above actions, violations of this or any section may result in legal action and/or a fine against you and the termination, without notice, of your account and/or anything associated with it, including, but not limited to, email accounts, posts, home pages, and profiles. Nothing in this policy is intended to grant any right to transmit email to or through Jeffgray.net, Inc. computer systems.
Terms of Service
Note: If you have have accounts with Netcom Enterprises or related businesses (herein collectively called “Netcom”) but choose to not agree to all or any of the following terms and conditions after reading this agreement in full, please call Netcom to cancel your account. You (the Netcom customer and/or user, hereafter collectively referred to as “you”) agree to purchase and/or use Netcom services in accordance with the terms and conditions of this Service Agreement (“Agreement”). Netcom will exercise no control whatsoever over the content of any information passing through it. No guarantee of end-to-end bandwidth on the Internet is made. You will use Netcom services only for lawful purposes. Any transmission or re-transmission of material in violation of any Federal or State laws and/or regulations is expressly prohibited. This extends to include, but is not limited to: any copyrighted materials, materials or communications prohibited by trade secret. As a customer of Netcom and a user of our services, you (as an individual, and/or officer or agent of a company, and/or company) agree to indemnify and to hold harmless Netcom from ANY and ALL claims resulting from the use of the service which causes damage to you or any other party. Netcom shall not be liable, either in contract or in tort, or for protection from unauthorized access of its customer’s transmission facilities or customer-owned equipment on premises, or for unauthorized access to, alteration, theft or destruction of a customer’s data files, programs, or information through accident, fraudulent means or devices, or any other method, even should such access occur as a result of Netcom’s negligence. Netcom shall not be in any way responsible for claims or damages caused by a customer, through fault, negligence or failure to perform customer’s responsibilities, claims against a customer by any other party; any act or omission of any party furnishing services and/or products; or for the installation and/or removal of any and all equipment supplied by any service provider or Netcom. Netcom will not be responsible for any damages you or your business suffers. Netcom makes NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED,for services we provide. Netcom also DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This includes loss of data resulting from delays, non deliveries, wrong deliveries, and any and all service interruptions caused by Netcom and its employees by its own negligence or your errors or omissions – this also applies to your carrier, equipment and its services. Any and all information you obtain through Netcom data network services (public and or private) is at your own risk. Any and all access to other networks via Netcom must be in compliance with all policies and rules of those networks. This applies to any other network that Netcom attaches to. In the event of cancellation of service for any reason, Netcom may retake possession of any and all hardware and/or software it has supplied you, employees and/or agents (before, during and after any sanctions to recover sums of money). In such a case, you will provide Netcom full and free access to the hardware and/or software for this purpose. Netcom will retain all payments made hereunder, and recover charges you owe as well as any damages Netcom may have sustained due to your default. Title and property rights, including all intellectual property rights to services, are and shall remain with Netcom whether or not they are embedded in any programming, software and/or hardware. You recognize and acknowledge that any and all Netcom services and/or products, programming and software used hereunder constitute valuable trade secrets of Netcom. You will use your best efforts to protect and keep confidential any and all programming and software used by you, your employees, and/or agents and shall never make any attempt to copy, examine in any way, alter or re-engineer, tamper with, or otherwise misuse such services, programs, hardware, etc.
Cancellation: Netcom may cancel and/or terminate service with 30 day written notice to you, the customer, for any reason. Only a written request to terminate service, as applicable to you, relieves you and/or your company from the obligation to pay your charges. An act of default will accelerate payment to be due at once, and any type of credit agreement will be immediately and automatically terminated. You shall provide all necessary preparations required to comply with Netcom’s installation, maintenance and operational specifications. Customers will be responsible for all costs of relocation of service once installed by Netcom and/or its vendors, and will provide Netcom, and its suppliers of communication service and equipment, reasonable access to your premises to perform any acts required by this agreement. Physical Equipment and/or Software products that are NOT provided by Netcom are the responsibility of the customer, company or individual or both as the limits of the law allows for. Netcom will not be responsible for the installation of and/or service on equipment and/or software not provided by Netcom. All customers are responsible for the use and compatibility of hardware and software not provided by Netcom. In the event that the customer uses hardware and/or software that does impair the customer’s use of Netcom services, the customer shall nonetheless be liable for regular payment to Netcom. Upon notice from Netcom that the hardware and/or software not provided by Netcom is causing, or in the sole opinion of Netcom, is likely to cause hazard, interference’s or service obstruction, the customer shall eliminate the hazard, interference or service obstruction at once. Customers will, if necessary, pay Netcom to troubleshoot problems caused by such equipment and/or software not provided by Netcom. Netcom will not be responsible if any changes in hardware, software or services cause equipment not provided by Netcom to become obsolete, require modification or alteration, or in any other way affect the total performance of Netcom on an end-to-end basis and protect the Netcom backbone network and those networks attached to the Netcom network. In the case of customer-owned hardware and/or software connected to the Netcom network, the customer is totally responsible for any and all service to that equipment. Netcom, at its option, may supply technical services in the form of consulting and/or service to Netcom customers at their request. Such services will be billed out at rates set on the Netcom pricing sheet and/or at rates in effect at the time such services are requested. Netcom has the right to refuse any such technical services at its sole option. On leased telephone lines, no matter who the leasing party is, Netcom must have free and open access to such lines. Netcom always reserves the right to change its rates and otherwise modify these Terms and Conditions. These Terms and Conditions hereby supersede all previous representations, understanding, or agreements and shall prevail notwithstanding any variance with terms and conditions of ANY and ALL orders submitted. As a Netcom customer you may not sell, assign or transfer your service order without the prior written consent of Netcom. Netcom may at any time sell, assign or transfer this agreement with no notice. Netcom will not be responsible for performance of its obligations thereunder where delayed or hindered by war, riots, embargoes, strikes or acts of its vendors and will attempt to notify customers in the event of any of the foregoing occurrences. Should such occurrences continue for more than 90 days, Netcom or its customers may cancel service for the affected services and/or products with no further liability. Governing laws. This agreement shall be governed by the internal laws of the State of Hawaii.
In the unlikely event of a service outage, clients may be eligible for partial credit. Provider will credit only for the affected service. SLA does not cover the following conditions: (a) any actions or inactions by or on behalf of Client (b) failure or malfunction of Client applications, equipment or circuits not provided and supported by Provider (c) Scheduled Maintenance (d) failure of power or equipment provided by Client or 3rd parties (e) Provider network maintenance
911 EMERGENCY DIALING – By using and paying for any hosted services, you acknowledge and understand that the system may not support or carry emergency calls over an Internet Protocol (IP) connection.
ALL USERS DESIRING SERVICES ON THE INTERNET ARE SUBJECT TO THE ACCEPTABLE USE POLICY.
Use of Netcom services by you as a company and/or an individual constitutes acceptance of these Terms and Conditions in full.