Important
Note: eNicola.com may revise this Acceptable Use Policy from
time to time without notice by posting a new version of this
document on the enicola.com Web site. Accordingly, users of
the enicola.com services should consult this document regularly
to ensure that their activities conform to the most recent version.
In the event of a conflict between any service agreement or
other terms and this policy, the terms of this policy will govern.
Questions regarding this policy and complaints of violations
of this policy by enicola.com customers can be directed to info
@ enicola.com
Introduction
eNicola.com
provides a variety of Internet services ("eNicola.com Services").
For businesses and telecommuters, eNicola.com® Services
provide a platform for website and hosting solutions and networked
business applications.
Use
of the eNicola.com Services is subject to the following rules
and guidelines. Each customer of eNicola.com or its distribution
affiliates is responsible for ensuring that the use of all Services
provided to such customer complies with this Acceptable Use
Policy (the "Policy"). ANY CUSTOMER WHO DOES NOT AGREE
TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE
SERVICES AND NOTIFY eNicola.com ACCOUNT MANAGEMENT SO THAT THE
CUSTOMER'S SERVICE CAN BE CANCELLED.
Illegal
Activity
Use
of eNicola.com Services for any activity that violates any local,
state, federal or international law, order or regulation is
a violation of this Policy:
- Prohibited
activities include, but are not limited to
- Posting
or disseminating material which is unlawful (such as child
pornography or obscene material)
- Disseminating
material that violates the copyright or other intellectual
property rights of others. You assume all risks regarding
the determination of whether material is in the public domain
- Pyramid
or other illegal soliciting schemes
- Any fraudulent
activities, including impersonating any person or entity or
forging anyone else's digital or manual signature
Security
You
are responsible for any misuse of eNicola.com Services that
you have contracted for, even if the inappropriate activity
was committed by an employee, customer, consultant, guest, hacker
or other individuals who accesses your host space. Therefore,
you must take steps to ensure that others do not gain unauthorized
access to eNicola.com's Services. This includes any third party
use of unsecured mail and news servers or any other unauthorized
access that results in a violation of any portion of this Policy.
eNicola.com
Services may not be used to breach the security of another Internet
user or to attempt to gain access to any other person's or business's
computer, software or data, without the knowledge and consent
of such person or business. The Services also may not be used
in any attempt to circumvent the user authentication or security
of any host, network, or account. This includes, but is not
limited to, accessing data not intended for you, logging into
or making use of a web space or server or account you are not
expressly authorized to access, or probing the security of other
networks. Use or distribution of tools designed for compromising
security, such as password guessing programs, cracking tools,
packet sniffers or network probing tools, is prohibited.
You
may not disrupt eNicola.com's Services. You are solely responsible
for the security of any device you choose to connect to eNicola.com's
Services, including any data stored on that device. eNicola.com
recommends that any files or services you do choose to make
available for remote access be protected with a strong password
or as otherwise appropriate.
Electronic
Mail
eNicola.com
Services may not be used to send unsolicited, bulk or commercial
messages. This includes, but is not limited to, bulk mailing
of commercial advertising, informational announcements, charity
requests, petitions for signatures and political, sexual or
religious messages. Such messages may only be sent to those
who have explicitly requested them. eNicola.com Services may
not be used to send messages to any individual who has indicated
that he/she does not wish to receive messages from you.
eNicola.com
Services may not be used to collect responses from unsolicited
email sent from accounts on other Internet hosts or email services
which violates this Policy or the acceptable use policy of any
other Internet service provider. Moreover, unsolicited email
may not direct the recipient to any web site or other resource
which uses eNicola.com Services. Forging, altering or removing
electronic mail headers is prohibited.
"Mail
bombing" is prohibited. That is, you may not send numerous
copies of the same or substantially similar messages, nor may
you send very large messages or files to a recipient with the
intent to disrupt a server or account. The propagation of chain
letters is similarly prohibited, whether or not the recipient
wishes to receive such mailings.
eNicola.com
is not responsible for the forwarding of email sent to any customer's
service which has been suspended or terminated. Such email will
either be returned to sender, ignored, deleted, or stored temporarily
at eNicola.com's sole discretion.
Any
violation of this policy will result in immediate termination
of your account and the forfeiture of any hosting fees already
paid.
Internet
Relay Chat
eNicola.com
Services may be used to participate in "chat" discussions.
In all cases, eNicola.com does not normally monitor the contents
of the discussion and is not liable for the contents of any
communications made via Internet chat.
eNicola.com
Services may not be used to perform chat "flooding."
Flooding is defined as deliberately repeating actions in quick
succession in order to fill the screens of other Internet users
with text.
Forging,
altering, or obscuring your identity (other than using a nickname
from which eNicola.com could if necessary determine your real
name) while participating in chat sessions is forbidden.
Bandwidth,
Data Storage and Other Limitations
You
must comply with the then current bandwidth, data storage and
other limitations on eNicola.com Services.
Users
must ensure that their activity does not improperly restrict,
inhibit, or degrade any other user's use of eNicola.com Services,
nor represent (in the sole judgment of eNicola.com) an unusually
large burden on the network itself. In addition, users must
ensure that their activity does not improperly restrict, inhibit,
disrupt, degrade or impede eNicola.com's ability to deliver
our Services and monitor our Services, backbone, and/or other
host services.
Termination
of Service and Limitation of Liability
eNicola.com
reserves the right to terminate service of any account on either
our shared, co-location or dedicated servers for any reason.
By signing up for eNicola.com Hosting services, you the client
agree to hold eNicola.com completely free from any and all liability
related to both the operation and termination of services including
but not limited to loss of revenue, loss of access to resources,
security breach of sensative information, costs associated with
transfering the account to another provider, repair cost, hacks
or other malicous server attacks, or development costs.
Violation
of Acceptable Use Policy
eNicola.com
does not routinely monitor the activity of services used by
customer for violation of this Policy. However, in our efforts
to promote good citizenship within the Internet community, we
will respond appropriately if we become aware of inappropriate
use of our Services. Although eNicola.com has no obligation
to monitor Services provided and/or the network, eNicola.com
and it various affiliates and partners reserve the right to
monitor bandwidth, usage, and content from time to time to operate
our Services; to identify violations of this Policy; and/or
to protect the network and eNicola.com customers.
eNicola.com
prefers to advise customers of inappropriate behavior and any
necessary corrective action. However, if our Services are used
in a way which eNicola.com or its distribution affiliates, in
their sole discretion, believe violate this Policy, eNicola.com
or its distribution affiliates may take any responsive actions
they deem appropriate. Such actions include, but are not limited
to, temporary or permanent removal of content, cancellation
of newsgroup posts, filtering of Internet transmissions, and
the immediate suspension or termination of all or any portion
of Services provided by eNicola.com. Neither eNicola.com nor
its distribution affiliates will have any liability for any
such responsive actions. The above described actions are not
eNicola.com's exclusive remedies and eNicola.com may take any
other legal or technical action it deems appropriate.
The
failure of eNicola.com or its distribution affiliates to enforce
this Policy, for whatever reason, shall not be construed as
a waiver of any right to do so at any time. You agree that,
if any portion of this Policy is held invalid or unenforceable,
that portion will be construed consistent with applicable law
as nearly as possible, and the remaining portions will remain
in full force and effect. This Policy shall be exclusively governed
by, and construed in accordance with, the laws of the State
of Virginia, City of Lynchburg.
