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Mannix Marketing Inc. Hosting Services are provided by
Datapipe. For Information regarding
the hosting services, please see their
legal information.
Mannix Marketing Inc. has formulated this Acceptable Use Policy in
order to encourage the responsible use of Mannix Marketing Inc.'s services
by our customers and other users ('Users'), and to enable us to provide our
Users with secure, reliable and productive services. These terms have been
adapted from Datapipe, our hosting provider and are being adapted with their
permission.
General Conduct
The Mannix Marketing Inc. network, including the websites hosted by Mannix
Marketing Inc., may be used only for lawful purposes. Users may not use the
Mannix Marketing Inc. Network in order to transmit, distribute or store
material (a) in violation of any applicable law, (b) in a manner that will
infringe the copyright, trademark, trade secret or other intellectual
property rights of others or the privacy, publicity or other personal rights
of others, or (c) that is obscene, threatening, abusive or hateful,
including the advocating of terrorism and/or the killing of any individual
or group.
Child Pornography
Mannix Marketing Inc. will cooperate fully with any criminal investigation
into a Customer's violation of the Child Protection Act of 1984 concerning
child pornography. Customers are ultimately responsible for the actions of
their clients over the Mannix Marketing Inc. network, and will be liable for
illegal material posted by their clients. According to the Child Protection
Act, child pornography includes photographs, films, video or any other type
of visual presentation that shows a person who is or is depicted as being
under the age of eighteen years and is engaged in or is depicted as engaged
in explicit sexual activity, or the dominant characteristic of which is the
depiction, for a sexual purpose, of a sexual organ or the anal region of a
person under the age of eighteen years any written material or visual
representation that advocates or counsels sexual activity with a person
under the age of eighteen years. No credits will be issued for any
interruption in service resulting from policy violations. Violations of the
Child Protection Act may be reported to the U.S. Customs Agency at
icpicc@customs.treas.gov.
System and Network Security
Users are prohibited from violating or attempting to violate the security of
the Datapipe Network, including, without limitation, (a) accessing data not
intended for such User or logging into a server or account which such User
is not authorized to access, (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization, (c) attempting to interfere with
service to any user, host or network, including, without limitation, via
means of overloading, 'flooding', 'mailbombing' or 'crashing', (d) forging
any TCP/IP packet header or any part of the header information in any e-mail
or newsgroup posting, or (e) taking any action in order to obtain services
to which such User is not entitled. Violations of system or network security
may result in civil or criminal liability. Mannix Marketing Inc. will
investigate occurrences which may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting Users who are
involved in such violations.
E-Mail
Users may not send unsolicited e-mail messages, including, without
limitation, bulk commercial advertising or informational announcements
('spam') in a way that could be reasonably expected to adversely impact the
Mannix Marketing Inc. Network, including, without limitation, using an
e-mail account on Mannix Marketing Inc.'s network to send spam or bulk
e-mail, or using the service of another provider to send spam or to promote
a site hosted on or connected to the Mannix Marketing Inc. Network. In
addition, Users may not use the Mannix Marketing Inc. Network in order to
(a) send e-mail messages which are excessive and/ or intended to harass or
annoy others, (b) continue to send e-mail messages to a recipient that has
indicated that he/she does not wish to receive them, (c) send e-mail with
forged TCP/IP packet header information, (d) send malicious e-mail,
including, without limitation, 'mailbombing', (e) send or receive e-mail
messages in a manner that violates the use policies of any other internet
service provider, or (f) use an e-mail box exclusively as a storage space
for data (g) Offering for sale or soliciting e-mail lists for the purposes
of bulk e-mail.
Usenet
Users who post messages to Usenet newsgroups are responsible for becoming
familiar with any written charter or FAQ governing use of such newsgroups
and complying therewith. Regardless of such policies, Users may not (a) post
the same message, or a series of similar messages, to one or more newsgroups
(excessive cross-posting or multiple-posting, also known as 'Usenet spam'),
(b) cancel or supersede posts not originally posted by such User, unless
such User does so in the course of his/her duties as an official newsgroup
moderator, (c) post any message with forged packet header information, or
(d) post messages that are excessive and/or intended to annoy or harass
others, including, without limitation, chain letters.
Suspension; Termination
Any User which Mannix Marketing Inc. determines to have violated any element
of this Acceptable Use Policy shall receive a written warning, and may be
subject at Mannix Marketing Inc.'s discretion to a temporary suspension of
service pending such User's agreement in writing to refrain from any further
violations; provided, however, that if Mannix Marketing Inc. deems it
necessary, it may immediately suspend or terminate such User's service
without issuing such a warning. Users which Mannix Marketing Inc. determines
to have committed a second violation of any element of this Acceptable Use
Policy shall be subject to immediate suspension or termination of service
without further notice.
Responsibility
Mannix Marketing Inc. takes no responsibility for any material input by
others and not posted to the Mannix Marketing Inc. Network by Mannix
Marketing Inc.. Mannix Marketing Inc. is not responsible for the content of
any other websites linked to the Mannix Marketing Inc. Network; links are
provided as Internet navigation tools only.
Privacy
Any User interacting with our site and providing Mannix Marketing Inc. with
name, address, telephone number, e-mail address, domain name or URL or any
other personally identifiable information permits Mannix Marketing Inc. to
use such information for commercial purposes of its own, including
contacting Users about products and services which may be of interest. For
each visitor to our Web Site, our Web server recognizes only the visitor's
domain name, not the e-mail address. We collect information volunteered by
the visitor, such as form submittals and/or site registrations. This
information is used to improve the content of our Web site, it is not shared
with other organizations for commercial purposes. Any User who does not wish
to receive further contacts from Mannix Marketing Inc. should send Mannix
Marketing Inc. a specific request (i.e., stating do not use or do not share
or both) by certified mail or by regular mail clearly marked
'Privacy-Urgent' addressed as follows: Mannix Marketing Inc., 9 Stonehurst
Drive, Queensbury, NY 12804.
Mannix Marketing Inc. does not sell, rent or otherwise disclose its mailing
lists to third parties.
Mannix Marketing Inc. reserves the right to modify this Acceptable Use
Policy at any time in its sole and absolute discretion.
Copyright ©1996-2005 Mannix Marketing Inc..All rights reserved. Do not copy
or redistribute in any form.
Copyright Policy
Mannix Marketing Inc. does not, and cannot, control what content is
available to you using our hosting provider: Datapipe's Network. Mannix
Marketing Inc. clients decide what content to make available to others and
what content to download. Users are responsible for complying with all
applicable federal and state laws applicable to such content, including
copyright laws.
Mannix Marketing Inc. respects copyright law and expects our users to do the
same. Unauthorized copying, distribution, modification, public display, or
public performance of copyrighted works is an infringement of the copyright
holders' rights. As a condition to your account with Mannix Marketing Inc.,
you agree that you will not use the Mannix Marketing Inc. service to
infringe the intellectual property rights of others in any way. Mannix
Marketing Inc. will terminate the accounts of users who are repeat
infringers of the copyrights, or other intellectual property rights, of
others. In addition, Mannix Marketing Inc. reserves the right to terminate
the account of a user upon any single infringement of the rights of others
in conjunction with use of the Mannix Marketing Inc. service, or if Mannix
Marketing Inc. believes that user conduct is harmful to the interests of
Mannix Marketing Inc., its affiliates, or other users, or for any other
reason in Mannix Marketing Inc.'s sole discretion, with or without cause.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of
which may be found on the U.S. Copyright Office web site at http://lcweb.loc.gov/copyright/,
Mannix Marketing Inc. will respond expeditiously to claims of copyright
infringement committed using the Mannix Marketing Inc. service that are
reported to Mannix Marketing Inc.'s 'Designated Copyright Agent' identified
below. If you are a copyright owner, or authorized to act on behalf of an
owner of the copyright or of any exclusive right under the copyright, please
report your notice of infringement by completing the following notice form
and delivering it to the Designated Copyright Agent:
NOTICE OF ALLEGED INFRINGEMENT OF COPYRIGHT
1. Identity of the copyrighted work that you claim has been infringed, or,
if multiple copyrighted works are covered by this Notice, a representative
list of the copyrighted works that you claim have been infringed using the
Mannix Marketing Inc. service:
2. Identification of the material that you claim is infringing:
3. Your street or mailing address, telephone number, and, if available,
email address:
4. I hereby state that I have a good faith belief that the disputed use of
the copyrighted material is not authorized by the copyright owner, its
agent, or the law (e.g. fair use).
5. I hereby state that the above information in this Notice is accurate and,
under penalty of perjury, that I am the copyright owner, or authorized to
act on behalf of the owner of the copyright or of any exclusive right under
the copyright.
6. Electronic or physical signature of the copyright owner or of a person
authorized to act on behalf of the owner of the copyright or of any
exclusive right under the copyright:
Full legal name:__________________________________
All claims of copyright infringement should be delivered to the following
'Designated Copyright Agent' of Mannix Marketing Inc.:
Mannix Marketing Inc.
Copyright Agent
9 Stonehurst Drive
Queensbury, NY 12804
Copyright ©1996-2005 Mannix Marketing Inc.. All rights reserved. Do not copy
or redistribute in any form.
Security
Mannix Marketing Inc. takes every precaution to protect our users’
information. When users submit sensitive information via the website, your
information is protected both online and off-line. When our
registration/order form asks users to enter sensitive information (such as
credit card number and/or social security number), that information is
encrypted and is protected with the best encryption software in the industry
- SSL. While on a secure page, such as our order form, the lock icon on the
bottom of Web browsers such as Netscape Navigator and Microsoft Internet
Explorer becomes locked, as opposed to un-locked, or open, when you are just
‘surfing’.
While we use SSL encryption to protect sensitive information online, we also
do everything in our power to protect user-information off-line. All of our
users’ information, not just the sensitive information mentioned above, is
restricted in our offices. Only employees who need the information to
perform a specific job (for example, our billing clerk or a customer service
representative) are granted access to personally identifiable information.
Our employees must use password-protected screen-savers when they leave
their desk. When they return, they must re-enter their password to re-gain
access to your information. Furthermore, ALL employees are kept up-to-date
on our security and privacy practices. Every quarter, as well as any time
new policies are added, our employees are notified and/or reminded about the
importance we place on privacy, and what they can do to ensure our
customers’ information is protected. Finally, the servers that we store
personally identifiable information on are kept in a secure environment.
Copyright ©1998-2005 Mannix Marketing Inc.. All rights reserved. Do not copy
or redistribute in any form.
Terms Of Service
All Hosting Accounts are bound by this Terms of Service.
1) Setup Fees including, but not limited to, additional programming
are nonrefundable.
2) All fees are due in advance of the services provided. Failure to
pay in advance may result in termination or suspension of services without
notice.
3) If you cancel your service you will be refunded the prepaid fees
for any unused month, once those services are no longer being provided, not
including setup fees, if you have a contract, the terms of the contract
apply. If you cancel your service, but fail to transfer your site(s) to
another provider and continue to utilize our hosting network you will be
billed until such time that you are no longer utilizing our services. If you
wish services to cease immediately, you must request that our services be
discontinued immediately.
4) The use of any data or material, which Customer receives from the
service provided by Mannix Marketing Inc., is at Customer's sole and
absolute risk. Mannix Marketing Inc. specifically disclaims and denies any
responsibility for the completeness, or accuracy of quality of any and all
information obtained through the services to be provided hereby.
5) Mannix Marketing Inc. will utilize its best efforts to maintain
acceptable performance of services, but Mannix Marketing Inc. makes
absolutely no warranties whatsoever, express or implied, including warranty
of merchantability or fitness for a particular purpose. Mannix Marketing
Inc. cannot guarantee continuous service, service at any particular time, or
integrity of data stored or transmitted via its system or via the Internet.
Mannix Marketing Inc. will not be liable for the inadvertent disclosure of,
or corruption or erasure of, date transmitted or received or stored on its
system. Mannix Marketing Inc. shall not be liable to Customer or any of its
customers for any claims or damages which may be suffered by Customer or its
customers, including, but not limited to, losses or damages of any and every
nature, resulting from the loss of data, inability to access Internet, or
inability to transmit or receive information, caused by, or resulting from,
delays, nondeliveries, or service interruptions whether or not caused by the
fault or negligence of Mannix Marketing Inc..
6) Customer agrees that it shall defend, indemnify, save and hold
harmless from any and all demands, liabilities, losses, costs, claims,
including reasonable attorney's fees, ('Liabilities') against Mannix
Marketing Inc., its agents, its customers, servants, officers, employees,
that may arise or result from any services provided, performed or agreed to
be performed or any product sold by Customer, its agents, employees or
assigns. Customer agrees to defend, indemnify and hold harmless Mannix
Marketing Inc. against Liabilities arising out of any injury to person or
property caused by any products sold or distributed in connection with
Mannix Marketing Inc.'s server; and material supplied by Customer infringing
or allegedly infringing on the proprietary rights of a third party;
copyright infringement and any defective product which Customer sold on
Mannix Marketing Inc.'s Server. As a result of this, Customer agrees that
Mannix Marketing Inc. shall not be liable to Customer for any claims of
actual, compensatory and/or consequential damages which may be suffered by
Customer, including, but not limited to, losses or damages due to the loss
data resulting from delays, non deliveries, or service interruptions caused
by the fault or negligence of Mannix Marketing Inc.. Notwithstanding the
above mentioned, Customer's exclusive remedies, damages, losses and causes
of actions shall not exceed the aggregate dollar amount which Customer paid
during the term of this Agreement.
7) The Customer may only use Mannix Marketing Inc.'s services for
lawful purposes. In the event that at any given time, Mannix Marketing Inc.
believes that the service is being used by the Customer in contravention
with any of the terms and provisions contained in this Agreement, Mannix
Marketing Inc. has the right to immediately discontinue such service to
Customer without liability other than to refund any unearned prepaid service
fees. The following are restrictive uses and shall be cause for the
immediate termination of web services and this Agreement without notice to
the Customer:
a. Unauthorized distribution or copying copyrighted software,
violation of US export restrictions, embarrassment, fraud, trafficking in
obscene material, drug dealing, and other illegal activities; Offering for
sale or soliciting e-mail lists for the purposes of bulk e-mail.
b. Unsolicited advertising via email and/or 'Spamming' is a violation
of this agreement. Such prohibited conduct subjects Customer to immediate
cessation of service as provided herein and the termination of this
agreement without notice. Mannix Marketing Inc. reserves the right to report
such illegal activities to any and all regulatory, administrative and/or
governmental authorities for appropriate prosecution.
c. Using a non-existing email return address on a commercial
solicitation, spamming (sending unsolicited advertising to numerous email
addresses or newsgroups and/or generating a significantly higher volume of
outgoing email than a normal user), trolling (posting outrageous messages to
generate numerous responses, mailbombing (sending multiple messages without
significant new content to the same user), subscribing someone else to a
mailing list without that person's permission, cross-posting articles to an
excessive number of newsgroups, or attempting without authorization to enter
into a secured computer system. Mannix Marketing Inc. reserves the right to
determine what is Net abuse.
d. Tortuous conduct such as posting of defamatory, libelous,
scandalous, or private information about a person without their consent,
intentionally inflicting emotional distress, or violating trademarks,
copyright, or other intellectual property rights.
e. The Customer expressly understands and agrees that illegal Adult
oriented Websites are expressly prohibited. Mannix Marketing Inc. reserves
the right to immediately terminate and remove any such unauthorized Websites
without notice and discontinue service to Customer without notice or
liability for actual, compensatory or consequential damages to Customer for
the interruption in service.
f. MUDDS, Listservers or any other Internet application that are not
Website specific, are specifically prohibited.
Force Majeure 1. Neither party shall be liable in damages or have
the right to terminate this Agreement for any delay or default in performing
hereunder if such delay or default is caused by conditions beyond its
control including, but not limited to Acts of God, Government restrictions
(including the denial or cancellation of any export or other necessary
license), wars, insurrections and/or any other cause beyond the reasonable
control of the party whose performance is affected.
2. Neither party shall be liable for any failure or delay in performance
under this Agreement (other than for delay in the payment of money due and
payable hereunder) to the extent said failures or delays are proximately
caused (I) by causes beyond that party's reasonable control and occurring
without its fault or negligence, including, without limitation, failure of
suppliers, subcontractors, and carriers, or party to substantially meet its
performance obligations under this Agreement, provided that, as a condition
to the claim of nonliability, the party experiencing the difficulty shall
give the other prompt written notice, with full details following the
occurrence of the cause relied upon. Dates by which performance obligations
are scheduled to be met will be extended for a period of time equal to the
time lost due to any delay so caused.
Disclaimer
Mannix Marketing Inc. will not be responsible for any damages your business
may suffer. Mannix Marketing Inc. makes no warranties of any kind, expressed
or implied for services we provide. Mannix Marketing Inc. disclaims any
warranty or merchantability or fitness for a particular purpose. The
includes loss of data resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by Mannix Marketing Inc. and
its employees. The services provided by Mannix Marketing Inc. are provided
AS-IS and without any warranty expressed or implied. Mannix Marketing Inc.
reserves the right to revise its policies at any time.
Copyright ©1998-2005 Mannix Marketing Inc.. All rights reserved. Do not copy
or redistribute in any form. |
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