Acceptable Use Policy

Acceptable Use Policy of WWW.WEBFX.COM, WWW.WEBFXHOST.COM, and all related sites owned, operated or controlled by WebFX, Inc. (WebFX website)

Acceptance of Terms Through Use
This site provides you the ability to learn about WebFX and its products and services as well as the ability to access our network and services ("WebFX Services"). By using this site, and any other site owned and operated by WebFX, you signify your agreement to the terms, conditions and notices of this policy. "You" when used in this statement shall mean the WebFX Customer of record and WebFX Customer end users.

This Acceptable Use Policy is used in conjunction with the terms of your service agreement. Violating any of these policies grants WebFX the authority to take action to restrict or terminate your access to WebFX Services. We reserve the right, at our discretion, to update or revise this policy, any other policy or statement on any WebFX website, and any product offerings or programs described on any WebFX website. Please check back periodically to review any changes to this policy.

WebFX disclaims, to the maximum extent permitted by law, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, this service, the systems which provide it and the Internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights. WebFX does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed. In no event shall WebFX (or any persons or entities related thereto) be liable for any special, indirect, or consequential damages associated with or arising from use of this service in any way, including any loss of use, data or profits, regardless of the form of action. Any failure by WebFX to enforce this policy in every instance in which it might have application does not amount to a waiver of WebFX's rights

Lawful Use
You must use this site and the WebFX Services in accordance with the terms of this policy and your WebFX Service Agreement, and in accordance with all federal, state and local laws, ordinances, and regulations.

User Conduct, Prohibited or Unlawful Use
In order to maintain an informative and valuable service that meets the needs of the users of this site and WebFX Services, the following rules have been established to protect against abuse.

Use of this site or WebFX Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site or WebFX Services or any other party's use or enjoyment of this site, the WebFX Services, is strictly prohibited.

Specifically, you may not:

• Attempt to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any WebFX Services or those of any other party
• Interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system
• Forge any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting
• Falsify address information or otherwise modify e-mail headers to conceal the sender's or the recipient's identity
• Use this site or WebFX Services to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider

Additionally, you may not, by use of any WebFX Service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that, in WebFX's discretion:

• Is unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, invasive of another's privacy, tortuous, indecent, pornographic or inaccurate
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason
• Is posted in violation of a newsgroup charter
• Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer
• Has a negative effect on WebFX or its network (including, without limitation, overloading servers on the WebFX Network; causing portions of the WebFX Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of WebFX, impose an unreasonable administrative burden on the company; etc).
• Constitutes unsolicited duplicative e-mail (commercial or otherwise)
  • This prohibition extends to the sending of unsolicited and/or mass e-mailings from any WebFX account, or via another service which in any way implicates the use of this site or WebFX Services, WebFX equipment or any WebFX e-mail address; (ii) that is relayed from any WebFX or third party's mail servers without permission; (iii) which employs techniques to hide or obscure the source of the e-mail; (iv) which are sent, or caused to be sent, to or through the WebFX Network that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing may be deemed to be counterfeit.
  • A communication may be unsolicited if: (1) recipients' email addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from sender, or (3) recipients have opted out of receiving communications from sender when given notice of the opportunity to do so.

WebFX reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the WebFX Network

PLEASE NOTE: The transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, including those provided by the federal Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM") (P.L. 108-187) or Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.); the California Computer Crimes Act (Penal Code §502) (amended effective January 1, 1999); the Unsolicited Commercial Electronic Mail Act; and any other applicable statutes and regulations.

Your participation in online communication or use of any WebFX Service is not edited, censored or otherwise controlled by WebFX. However, WebFX reserves the right to monitor content on this site and any WebFX Services and to remove content, disable sites, or suspend or terminate services if WebFX, in its discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.

International Use
WebFX makes no representation that materials available on this site or any or through any WebFX Service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access this site or any site hosted by WebFX from other locations are responsible for compliance with local law.

Intellectual Property Rights
Copyright: All WebFX web site design, text, graphics and the selection and arrangement, found on any WebFX website, thereof are the copyrighted work of WebFX, Inc. © 1998-2008. All rights reserved. If any pages, information or content is copied, it may only be copied for non-commercial uses and WebFX shall, in any event, retain all copyright and other proprietary interests therein.

Trademark: WebFX; the WebFX design logo, and all other related names, design marks, product or feature names are either registered trademarks or trademarks of WebFX, Inc. in the United states and/or other countries. WebFX marks may not be used without the express written permission of WebFX. All other products and services referenced in this site are the trademark or services marks of their respective owners.

You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any WebFX service. Nothing on any WebFX website shall be interpreted or implied in such as way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to WebFX by virtue of it being displayed or made accessible on any WebFX website. Except as expressly authorized, you agree not to use this site or any WebFX Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any WebFX Services.

If you use a domain name or content in connection with the WebFX web hosting, or any other web hosting service, you must not use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party.

User's Grant of Limited License
By posting or submitting content to any WebFX website, you:

• Grant WebFX the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose, subject to the WebFX Privacy Policy, which is incorporated in and made a part of this Policy; and,
• Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by WebFX will not infringe or violate the rights of any third party.

Internet Relay Chat Rules
You must not use any programs that may or will interfere with another's use of this site or WebFX Services. You must not run any Internet Relay Chat ("IRC") robot on any IRC server which might interfered with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC's service administrator.

Controlling Law and Termination
This Authorized Use Policy is subject to, and shall be construed and enforced in accordance with the laws of the Commonwealth of California without regard to its choice of law principles, and any disputes hereunder shall be brought in the United States District Court for the Southern District of California.

Notices
The WebFX Terms of Service Agreement and Acceptable Use Policy prohibit acts of copyright and trademark infringement and other unlawful behavior by WebFX subscribers. WebFX takes subscriber violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary.

General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to webfx.com WebFX will reasonably investigate incidents involving such violations. WebFX may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.

Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by an WebFX subscriber without permission, such that the use may constitute infringement of your intellectual property rights, please see the instructions on how to send your claim.

rev. 09/29/04