Rot3K Graphics and Web - POP3 Email Hosting Terms of Service

POP3 Email Hosting Terms of Service

Presenting the Rot3K: Graphics and Web Design POP3 email hosting Terms of Service. Much like the Privacy Policy, you would consider the vast majority of this information to be common sense, but we need to post it here anyway. Do read on and don’t hesitate to ask any questions you may have over email.

Membership Agreement and Acceptable Use Policy
Becoming an Account Holder
Availability of the Service
Acceptable Use Policy Guidelines
Investigations
Disclaimer of Warranties; Liability Limitations
Notices
Export Controls
Legal Principles

I: Membership Agreement and Acceptable Use Policy

This Rot3K.com membership agreement and acceptable use policy (the “agreement” or the “AUP”) provides important information about your e-mail account membership, so you should take the time to read and understand it. You may review, save or print any part of this agreement.

Rot3K.com may change, add or remove any part of this agreement at any time. If any future changes are unacceptable to you please contact us for more information. You may request to receive an e-mail when the ToS is updated.

II: Becoming an Account Holder

To become an e-mail account holder, you must be at least 13 years old. If you are not yet 13 years old, you may still use one of our accounts, but only if the account you are using was purchased and is maintained by your parent or legal guardian.

This agreement is a legal document that sets forth your rights and obligations as an e-mail account holder. You cannot become an account holder until you have accepted the terms of this agreement.

When you accept this agreement, complete the registration process, and pay for your account, you become the account holder. As an account holder, Rot3K.com provides you with a limited, non-exclusive license for no more than the term of your membership to use the member name and password provided to you for your account. Your member name is your on-line identity. Do not reveal your password to other users. Your account is at risk if you let someone use it inappropriately.

III: Availability of the Service

While Rot3K.com will make all reasonable efforts to ensure that your account is available at all times we does not guarantee, represent, or warrant that services will be uninterrupted or error-free. If there are issues or downtime please let us know immediately so the problem can be fixed. In the event of downtime you will receive a credit equal to two times the length of the service outage (excluding all time 24hours before you first bring the issue to us).

Rot3k.com does not guarantee or warrant that any content or data you may have in your account will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any important documents, images or other content -- Rot3K.com will not be responsible for any archiving or back-up of any such information. If any data, messages, images or other content in your account and stored on our servers is damaged, lost or corrupted in any way, Rot3K.com will have no obligation or liability to you.

IV: Acceptable Use Policy Guidelines

To use this service, provided by Rot3K.com, you must abide by some basic rules. These rules and standards are described in this agreement. As an account holder, you agree to comply with this agreement, and you acknowledge that Rot3K.com has the right to enforce this agreement in its sole discretion. This means that if you, or anyone using your member privileges, violate the terms of this agreement, Rot3K.com may take any and all appropriate actions – this can range from the issuance of a warning about a violation to the termination of your membership (with no refund) – as Rot3K.com deems necessary or appropriate. Rot3K.com is not required to provide notice prior to terminating your account for violating these rules and standards, but it may choose to do so.

You are solely responsible for your conduct while using your account, including the content of all email messages you generate or forward, and all content in any folders, or other transmissions, information, images or other interactions you generate, transmit or maintain. Rot3K.com takes no responsibility for any such on-line distribution or publication by you. Rot3K.com cannot and will not review every message or other content you may generate or post, and Rot3K.com is not responsible for the content of those messages or content.

Rot3K.com reserves the right to delete, move or edit any such item that Rot3K.com, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material Rot3K.com believes may cause any liability for it or which may cause Rot3K.com to lose the services of any supplier, including but not limited to any Internet Service Providers (ISPs) which may provide services to account holders.

Rot3K.com reserves the right to terminate your account or suspend services to you at any time, with cause or without cause, in the event of any breach of this agreement.

Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.

Illegal Conduct

Your account may be used only for lawful purposes. The laws that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing Content in violation of any applicable law or regulation is prohibited. “Content” means the text, software, communications, images, sounds, and all other information and materials you encounter or generate on-line on the Internet, including material protected by copyright, trademark, trade secret or other intellectual property rights, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Examples of prohibited illegal conduct are:

Posting obscene content (including child pornography).
Planning illegal activity, such as building a bomb or counterfeiting money.
Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia.
Pretending to be anyone you are not – you may not impersonate another person (including celebrities), another account holder, an Rot3K.com administrator, or a civic or government leader.
Using false statements to get, or to attempt to get, account information or other private information from other account holders or Internet users.
Engaging in copyright infringement or other intellectual property infringement.

Rot3K.com reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. If Rot3K.com decides to investigate or resolve possible misuse involving you or anything you do with your account, Rot3K.com is entitled to disclose any information about you and anything you do with your account to law enforcement or other government officials, as Rot3K.com, in its sole discretion, believes to be necessary or appropriate. By your use of your account, you authorize Rot3K.com to take any such actions. (In other words, don’t break the law).

Before you upload or download any Content while using your account, make sure you have been given the legal right to do so by the owner of the content.

Making illegal copies of any software can lead to the termination of your account and may even subject you to legal action. In addition, the owner of the Content may take criminal or civil action against you. If a Content owner takes legal action against Rot3K.com because of your unauthorized use of Content, you agree to hold harmless and indemnify Rot3K.com, its subsidiaries, affiliates, related companies, and employees against any liability, claims, or demands, including the costs of Rot3K.com hiring attorneys to defend against the action.

If you believe that any Content in which you claim copyright has been infringed by anyone using one of our accounts, please contact the Rot3K.com webmaster and provide the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. 512):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or (if multiple copyrighted works at a single on-line site are covered by a single notification) a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Rot3K.com to locate the material;
Information reasonably sufficient to permit Rot3K.com to contact the complaining party;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Violations of System and Network Security.

Violations of system and network security are prohibited, and may result in criminal and civil liability. Rot3K.com will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network
Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network
Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks
Falsifying your user identity or providing other false information to Rot3K.com
Posting viruses or software designed to create a virus or to do harm to our systems, any account holders or users of our service, or any network
Taking any other action to disrupt the normal use of our services the Internet by other users
Use of software that allows your account to stay logged on while you are not actively using the account.

Unsolicited E-Mail (“Spamming” and “Mailbombing”).

This agreement prohibits abuse of your account’s e-mail and related functionalities. Some specific examples of prohibited actions are as follows:

Sending unsolicited bulk email messages including, without limitation, bulk commercial advertising and informational announcements (“bulk” is defined as sending the same or substantially similar messages to more than 200 e-mail users in a single day, sending more than 100 individual pieces of email in a day, or sending one email to more than 25 recipients at once).
Posting the same or similar messages to one or more Usenet or other news groups, forums, or e-mail mailing lists (excessive cross-posting or multiple-posting) (“excessive” includes posting the same or substantially similar messages to ten (10) or more groups in a single day).
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a news group posting, or otherwise putting information in the header designed to mislead recipients as to the origin of the message.
Using another site’s mail server to relay mail without the express permission of the other site.
Engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through your account, remailer, or using your account as a mail drop for responses, or otherwise using the services of another provider for the purpose of facilitating the foregoing activities.
You are also prohibited from selling or otherwise giving space or part of your service to any other entity.

V: Investigations

Rot3K.com reserves the right to investigate suspected violations of this agreement. When Rot3K.com becomes aware of possible violations, Rot3K.com may initiate an investigation, which may include gathering information from any account holder involved and the complaining party, if any, and the examination of Content stored on our system.

During the investigation, Rot3K.com may suspend or terminate any or all account holder accounts involved and/or remove the Content involved from its computers. If Rot3K.com believes, in its sole discretion, that a violation of this agreement has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate Content from the system, warnings to the account holder(s), and the suspension or termination of the account or accounts responsible.

If, as a result of any such investigation, Rot3K.com believes that any criminal activity has occurred, Rot3K.com reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.

BY BECOMING AN ACCOUNT HOLDER, YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST ROT3K.COM, AND TO HOLD ROT3K.COM HARMLESS AND INDEMNIFY ROT3K.COM WITH RESPECT TO ANY CLAIMS, RELATING TO ANY ACTION TAKEN BY ROT3K.COM AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE ROT3K.COM OR RECOVER ANY DAMAGES WHATSOEVER FROM ROT3K.COM AS A RESULT OF ITS DECISION TO REMOVE MATERIAL FROM THE SYSTEM, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF ROT3K.COM’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

VI: Disclaimer of Warranties; Liability Limitations

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SERVICES ARE AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

ROT3K.COM DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL RECEIVED THROUGH YOUR ACCOUNT WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR OTHER HARMFUL COMPONENTS.

VII: Notices

Rot3K.com may give notice to any account holder by sending an e-mail message to the member’s mailbox or by sending a letter via postal mail to the contact address provided upon registration. account holders may contact Rot3K.com by using the contact information provided at http://rot3k.com.

VIII: Export Controls

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. This assurance and commitment shall survive termination of this agreement.

IX: Legal Principles

With respect to your account, this agreement represents your entire agreement with Rot3K.com. You agree that this agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, as an account holder, and Rot3K.com.

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Utah, excluding its conflicts of law rules, govern this agreement and your account holdership. Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Rot3K.com or relating in any way to your account resides in the courts of the State of Utah. You further agree and expressly consent to the exercise of personal jurisdiction in the Utah courts in connection with any such dispute, including any claim involving Rot3K.com or its affiliates, subsidiaries, employees, and content providers with respect to your account.

Revised 5.30.02.

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