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The following applies to all web hosting accounts.
When a complaint is received, BrettAtkin Design has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
You acknowledge that BrettAtkin Design may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on BrettAtkin Design, LLC's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BrettAtkin Design, LLC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. BrettAtkin Design uses anti-spam measures such as RBL lists and heuristic scanning and reserves the right to delete any message that we believe is spam. You acknowledge that BrettAtkin Design, LLC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BrettAtkin Design, LLC reserves the right to modify these general practices and limits from time to time.
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. BrettAtkin Design is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also BrettAtkin Design's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Using BrettAtkin Design's network to advertise, transmit, store, post, display, or otherwise make available pornography or obscene speech or material. Also, BrettAtkin Design is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through BrettAtkin Design's network.
Using BrettAtkin Design's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Engaging in activities, whether lawful or unlawful, that BrettAtkin Design determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
The responsibility for avoiding the harmful activities just described rests primarily with the subscriber. BrettAtkin Design will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with BrettAtkin Design policy or applicable law. When BrettAtkin Design becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.