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This is Pro-Count,
Inc.'s Usage Policy, which supplements the service agreement of each
user of Pro-Count, Inc.'s services (each, a "Subscriber"). Every
Subscriber is subject to this Usage Policy, and by virtue of using
Pro-Count, Inc.'s services, network, and/or systems (collectively the
"Services") agrees to be bound by this Usage Policy. Pro-Count, Inc.
will revise this Usage Policy from time to time. A Subscriber's use of
the Services after revisions to the Usage Policy are posted on
Pro-Count, Inc.'s website at www.HostPCI.com, will constitute such
person's acceptance of any changes or additions to the Usage Policy.
Subscribers violate this Usage Policy when they (or their affiliates or
customers) engage in the following prohibited activities.
Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights, rights of
privacy, rights of publicity or other personal rights is prohibited.
Pro-Count, Inc. is required by law to remove or block access to content
appearing on or through the Services upon receipt of proper notice of
copyright infringement (see "Copyright Infringement Notice Information"
below).
Spamming
Spamming, whether or not it overloads the Services or disrupts service
to Pro-Count, Inc.'s Subscribers, is prohibited. The term "spamming"
includes, but is not limited to, the sending of unsolicited bulk and/or
commercial message over the Internet or maintaining an open SMTP
policy. Pro-Count, Inc. reserves the right to determine, in its sole
and absolute discretion, whether e-mail recipients were from an opt-in
email list.
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting, or deleting message headers, return
mailing information and/or Internet protocol addresses to conceal or
misidentify the origin of an message is prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms or
Trojan horses, or for pinging, flooding or mailbombing, or engaging in
denial of service attacks is prohibited. It is also prohibited for any
Subscriber to engage in other activity that is intended to disrupt or
interfere with, or that results in the disruption of or interference
with, the ability of others to effectively use the Services (or any
connected network, system, service or equipment) or conduct their
business over the Internet.
Cracking/Hacking
"Cracking/Hacking" and related activities is prohibited.
"Cracking/Hacking" includes, but is not limited to, the following
activities: illegally or without authorization, accessing computers,
accounts or networks, penetrating or attempting to penetrate security
measures, port scans, stealth scans, and other activities designed to
assist in hacking.
Export Control Violations
The exportation of encryption software outside of the United States
and/or violations of United States law relating to the exportation of
software is prohibited.
Child Pornography
The use of the Services to store, post, display, transmit, advertise or
otherwise make available child pornography is prohibited. Pro-Count,
Inc. is required by law, and will, notify law enforcement agencies when
it becomes aware of the presence of child pornography on, or being
transmitted through, the Services.
Adult, Sexually Explicit, or Sex-Related Content
The use of the Services to store, post, display, transmit, advertise,
sell,
link to, or otherwise make available adult, sexually explicit, or
sex-related
content is prohibited. Pro-Count, Inc. reserves the right to decide
what it
considers "adult, sexually explicit, or sex-related content." If you
think your
site may fall into this category, let us know before placing an order.
Other Illegal Activities
The use of the Services to engage in any activities that are determined
by Pro-Count, Inc., in its sole and absolute discretion, to be illegal
is prohibited. Such illegal activities include, but are not limited to,
storing, posting, displaying, transmitting or otherwise making
available ponzi or pyramid schemes, fraudulently charging credit cards
or displaying credit card information of third parties without their
consent, and failure to comply with applicable on-line privacy laws.
Pro-Count, Inc. will cooperate fully with appropriate law enforcement
agencies in connection with any and all illegal activities occurring on
or through the Services.
Obscene, Defamatory, Abusive or Threatening
Language
Use of the Services to store, post, transmit, display or otherwise make
available obscene, defamatory, harassing, abusive or threatening
language is prohibited.
Other Activities
Engaging in any activity that, in Pro-Count, Inc.'s sole and absolute
discretion, disrupts, interferes with or is harmful to (or threatens to
disrupt, interfere with, or be harmful to) the Services, Pro-Count,
Inc.'s business, operations, reputation, goodwill, customers and/or
customer relations, or the ability of Pro-Count, Inc.'s customers to
effectively use the Services is prohibited. Such prohibited activities
include making available any program, product or service that is
designed to or could be used to violate this Usage Policy. In addition,
the failure by a Subscriber to cooperate with Pro-Count, Inc. in
correcting or preventing violations of this Usage Policy by, or that
result from the activity of, a customer of the Subscriber is a
violation of this Usage Policy.
In general, Pro-Count, Inc. does not monitor its customers' websites or
activities to determine whether they are in compliance with this Usage
Policy. However, when Pro-Count, Inc. becomes aware of any violation of
this Usage Policy or its User Agreement, Pro-Count, Inc. may take any
action to stop or correct such violation, including, but not limited
to, shutting down a website, denying access to the Services or to the
Internet, and/or removing information. In addition, Pro-Count, Inc. may
take action against a Subscriber or a customer of such Subscriber
because of the activities of such customer. Pro-Count, Inc. reserves
the right to take any such action even though such action may affect
other customers of the Subscriber.
Pro-Count, Inc. may disclose any information in its possession,
including, without limitation, information about Subscribers, internet
transmissions and website activity in order to comply with a court
order, subpoena, summons, discovery request, warrant, statute,
regulation or governmental request, to protect Pro-Count, Inc. or
others from harm, and/or to ensure the proper operation of the
Services. Pro-Count, Inc. has no obligation to notify any person,
including the Subscriber about whom information is sought, that
Pro-Count, Inc. has provided the information.
Copyright Infringement Notice Information
In accordance with the Digital Millennium Copyright Act, Pro-Count,
Inc. has adopted a policy that provides for termination of websites
hosted by Pro-Count, Inc. that are found to infringe on copyrights of
third parties. If a copyright holder believes that there has been a
violation of his or her copyright on a website that is hosted by
Pro-Count, Inc. or its subsidiaries, and the copyright holder wants
Pro-Count, Inc. to remove the website or disable the material in
question, Pro-Count, Inc. will remove the website or disable the
material if the copyright holder provides us with all of the following
information:
- A signature of a
person authorized to act on behalf of the owner of the exclusive right
that is allegedly infringed. Identification of the copyrighted work
that is claimed is being infringed, or, in the case of claimed
infringement of multiple copyrighted works, a representative list of
such works.
- Identification of
the material that is claimed to be infringing or is the subject of
infringing activity and that should be removed or access to which
should be disabled, with information reasonably sufficient to permit us
to locate the material.
- Information
reasonably sufficient to permit us to contact the person giving the
notification, such as an address and telephone, and, if available, an
electronic mail address at which such person may be contacted.
- A statement that
the person giving the notification 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.
- A statement that
the information in the notification is accurate, and under penalty of
perjury, that the person giving the notification is authorized to act
on behalf of the owner of the exclusive right that is allegedly
infringed.
Notices should be
directed to:
Pro-Count, Inc.
3000
Custer Rd
PMB
270353
Plano, TX 75075
These terms may be
modified at any time and without notice. All users previous and new are
always subject to the newest terms posted here at all times. It is
recommended that you view this page periodically to see if any changes
have been made.
LAST
UPDATED August 22nd, 2004
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