SPAM (USENET)
Usenet SPAM is defined by us as any message, commercial, non-profit or
opinion, that is individually posted to several newsgroups at one
time, especially when the content is commercial, and/or obviously
considered off-topic by the participants of the group (For example,
posting your political views on world-events to a non-political group
such as rec.pet.cats). You may cross-post messages, by clicking on
several newsgroups and posting one message to them: cross posting is
acceptable as your message goes to several groups, but readers will only
see it once. It still should be of limited scope, non-commercial except
in appropriate newsgroups, the message should be topical to the groups -
yet the groups should be different in focus.
We generally decline to intervene in the
case of debates, and do not consider SPAM complaints to be credible if
they arise from disputes of this nature. The policies of the Usenet
group, mailing list or Web forum will be taken into account in our
consideration of such situations, but this is not the only factor we
consider.
HARASSMENT
Any message (of any content) that is
repeated after warning or notification is given that such message are
unwelcome constitutes harassment under our policies. If you are warned
by an Internet user to stop sending e-mail, or are notified that your
attentions or opinions are unwanted, the best response is to immediately
drop all communication with this individual.
We generally decline to intervene in the
case of ongoing Usenet debates. If, in our judgment, the exchange is
mutual, and if the complainant does not also agree to terminate comment,
then we will not consider it harassment should you continue to
participate on a public newsgroup or forum only. We will not
consider such an exchange to be harassing. The policies of the Usenet
group, mailing list or Web forum will be taken into account in our
consideration of such situations, but this is not the only factor we
consider.
Usually, we end up recommending the use
of a filtering program to deal with disruptive participants. Avoidance
is the only effective solution to dealing with people who seek attention
by rude public behaviour. Most Usenet filters offer the user the ability
to block out all posts from a particular e-mail address or by keyword.
If your reader does not have this feature, please visit TUCOWS
and try out their selection of Usenet readers.
UNSOLICITED ADVERTISING
SPAM (E-MAIL)
ParaFX.com has a zero-tolerance policy
towards Bulk Unsolicited Commercial E-Mail (BUCE, also called
"SPAM").
Accounts may be terminated if:
- We receive complaints from Internet
users that they find themselves unwillingly subscribed to a mailing
list from which they cannot unsubscribe quickly and easily.
- We receive complaints of multiple
copies of the same message being sent to the same address.
- The volume of outgoing mail from one
subscriber is sufficient to negatively impact the quality of service
to our other customers.
- We receive complaints of any kind of
e-mail message with faked headers that can be traced to a particular
account.
- We receive complaints that a
commercial advertisement has been cross-posted to multiple Usenet
Groups or Web forums (especially Usenet groups to which the message
is considered off-topic - for example, a message about car-parts to
the alt.binaries groups).
- Web Hosting accounts will be
terminated if it is determined that their owners are using
ParaFX.com or a third-party ISP to advertise using BUCE.
ParaFX.com services may only be used for
lawful purposes. Transmission of any material in violation of any
Federal, Provincial or local regulation is prohibited. This includes,
but is not limited to copyrighted material, material legally judged to
be threatening or obscene, or material protected by trade secret.
On the first complaint, the account will
be suspended until such time as the customer provides written assurances
that the abusive pattern will not be repeated. The customer will be
contacted and informed of the suspension as soon as possible.
It is the policy of ParaFX.com that
commercial mailing lists are acceptable, provided that all e-mail
addresses on the list are willing subscribers.
These policies supersede all previous
representations understandings or agreements and shall prevail
notwithstanding and variance with terms and conditions of any order
submitted. They are subject to changes and additions without notice.
MANNER OF USE
You agree to use the Service in a
courteous and cooperative manner so as to avoid abusing the Service or
the custom, Netiquette and user etiquette in place from time to time.
You also agree to respect the use of the Internet so that you do not
violate the laws or affect the rights of others. You will not misuse
proprietary information or property of others for your own purposes or
otherwise and will not publish threatening or defamatory materials or
any materials otherwise injurious to the business or reputation of
others. In particular, without limiting the generality of the foregoing,
you shall not do, nor permit any of the your authorized users or other
third parties to do, any of the following:
- Disclose private communications or
disclose confidential information without permission to parties
other than the intended recipient;
- Restrict or inhibit any other user
from using and enjoying their service;
- Post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene, pornographic,
or profane information of any kind, including without limitation any
transmissions encouraging conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any
local, provincial, state, national or international law, including,
without limitation, export control laws and regulations;
- Impersonate another person when
posting or transmitting messages;
- Choose a user name for your email
address which is protected by copyright, or other intellectual
property right, without obtaining permission of the copyright or
other right holder;
- Choose a user name for your email
address which is libelous, defamatory, obscene, threatening, abusive
or hateful;
- Post or transmit any information or
software that you are aware contains a virus, worm, or other harmful
component;
- Upload, post, publish, transmit,
reproduce, or distribute in any way, information, software or other
material obtained through the Internet which is protected by
copyright or other proprietary right, without obtaining the
permission of the copyright owner or right holder;
- Falsify user information provided to
us or to other users of the Service in connection with the use of
our Service;
- Multiple logins, including, without
limitation, logging in simultaneously from home and office, unless
expressly provisioned through specific Internet access service
packages;
- Engage in account sharing, including,
without limitation, permitting third parties to use your service
account and password;
- Unauthorized attempts to use or gain
access to any account or computer resource not belonging to you;
- Use any means or device to obtain, or
attempt to obtain, the Services with the intent to avoid the
applicable charges;
- Use any means or device to gain
unauthorized access to, alter, or destroy (or any attempt thereof)
the data or information of any other customers and/or their end
users;
- Engage in any activities that will
cause a disruption of the Services (e.g. synchronized number
sequence attacks) to other users and/or their end-users;
- Engage in any activities that will
damage the systems of, or cause a disruption of Internet services
to, third parties;
- Spamming or other advertising that is
objectionable to us in our sole discretion, including, without
limitation, sending unsolicited mass e-mailings to more than
twenty-five (25) e-mail users, if such unsolicited e-mailings
provoke complaints from the recipients or posting a single article
or advertisement to more than ten (10) Usenet or other news groups
or forums;
- Posting to any Usenet or other news
group, forum, e-mail mailing list or other similar group or list
articles which are off-topic according to the Charter or other
published FAQ, or description of the group or list;
- Use the Services in any manner so as
to harass, threaten, abuse, embarrass, or cause distress, unwanted
attention, or discomfort to any person or entity;
- Use the Services to post or transmit
any chain letter, or letters or messages that offer a product or
service based on the structure of a chain letter;
- Engaging in any of the foregoing
activities using the service of another access provider, but
channeling such activities through a Company account or re-mailer,
or using a Company account as a mail drop for responses; and
- Use the Services in violation of the
law, or in aid of any unlawful act, or to interfere with the use and
operation of our network.
We consider the above practices to
constitute abuse of both our Internet Service and of the recipients of
such unsolicited mailings or postings who often bear the expense.
Engaging in one or more of these practices will result in immediate
termination of your account. We reserve the right to implement technical
mechanisms that block multiple postings before they are forwarded, as
described above. Nothing contained in this policy shall be construed to
limit our actions or remedies in any way with respect to any of the
foregoing activities. We reserve the right to take any and all
additional actions we may deem appropriate with respect to such
activities, including, without limitation, all rights and remedies
available to us at law or in equity. We reserve the right, at our sole
discretion, to deny access at any time to users who breach the above
rules or cause other abuses which we, in our sole discretion, deem to be
disruptive to our subscribers.
PRIVACY AND SECURITY
We cannot ensure or guarantee privacy for
users of our Hosting Service and recommend that our Hosting Service not
be used for the transmission of confidential information, including
credit card information. Any such use shall be at your sole risk, and we
shall have no liability in connection therewith.
COMMERCE OVER THE INTERNET
When making purchases or other
transactions using our Hosting Service, you may be required by the
merchant, information provider or service provider to supply personal
information including credit card information or other means of payment.
We are in no way responsible for any charges you may incur when making
purchases or other transactions in this manner.
MONITORING
We have no obligation to monitor our
Hosting Service. Your participation in on-line communications occurs in
real-time and is not edited, censored, or otherwise controlled by us.
Further, we cannot and do not screen content provided by users of the
public Internet.
Despite the foregoing, you agree that we
have the right to monitor our Hosting Service electronically from time
to time, to disclose any information as necessary to satisfy any law,
regulation, or other governmental request, to operate our Services
properly, or to protect ourselves or our subscribers. We will not
intentionally monitor (except for the purposes of testing or security
protection) or disclose any private electronic email message unless
required by law. We reserve the right to refuse to post or to remove any
information or materials in whole or in part, to refuse access to web
sites that, in our sole discretion, are unacceptable, undesirable, or
otherwise in violation of these Terms and Conditions and/or applicable
law.
SUMMARY
If any customer is deemed to be in
violation of any of the above-mentioned policies, ParaFX.com reserves
the right to terminate services without warning. ParaFX.com takes
a zero-tolerance approach to abuse of any kind to the system, other
users or services.
Customers deemed to be in violation would
not be entitled to refund of any kind. Upon suspension of service,
it will be the offending customers responsibility to provide proof or
defense in regard to the abusive actions in writing. At ParaFX.com
and its officers' discretion, access to ParaFX.com services may be
revoked at any time for abusive conduct on the system and/or the
Internet and its resources as a whole. ParaFX.com and its officers are
deemed as authority to define abusive conduct to the system, and
definitions may periodically change or be amended to previous ones.
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