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Perky Penguins' Web Hosting
- Acceptable Use Policy -

Server Use
Perky Penguins Web Services (hereafer "Perky Penguins") will not tolerate inappropriate use of our servers, services and resources. We reserve the right to suspend a customer's account at our sole discretion without prior notice.

Any account found to be jeopardizing server performance, or our services, and thus affecting normal server operation or service to other Perky Penguins' customers will be suspended, and/or terminated, without prior notice.

Content Policy
Perky Penguins does not allow any illegal material to be stored in your hosting accounts.

Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. The Customer agrees to indemnify and hold harmless Perky Penguins from any claims resulting from the use of the service which damages the subscriber or any other party.

Adult material and sex-related links or merchandising is prohibited in Perky Penguins' accounts. This includes sites that contain pornography, or links to adult content elsewhere. The designation of "adult material" is left entirely to the discretion of Perky Penguins.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Perky Penguins' servers or any other servers on the internet. Links to such materials are also prohibited. Examples, including but not limited to, of unacceptable content or links is as follows:
  • Pirated software
  • Hacker programs or archives
  • Warez sites
  • Pornography or Adult Material

Perky Penguins will be the sole arbiter as to what constitutes a violation of this provision. Further, Perky Penguins may ban at times programs or scripts which dedegrate the performance of any server. The defination of "dedegration" is left entirely to the discretion of Perky Penguins.

Any deliberate attempt to cause damage to Perky Penguins or any other Internet server will result in immediate account deactivation without prior notice. No refund will be issued.

Harmful Content
Users shall not use the Perky Penguins services to transmit, distribute or store material, whether designed to actually be harmful (or material just used for educating a person on the technical aspects of how to create such material) or that may be harmful to or interfere with Perky Penguins' services or any third party's networks, systems, services, or web sites. Such prohibited harmful content includes, but is not limited to, viruses, whether e-mail or other program related viruses, worms, or Trojan horses.

Fraudulent/Misleading Content
Users shall not use Perky Penguins to transmit or distribute material containing fraudulent or misleading offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Customers are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

Email and Unsolicited Messages
Customers shall not use Perky Penguins' services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email , where such emails could reasonably be expected to provoke complaints ("spam"). Further, Customers are prohibited from using the service of another provider to send spam or to promote a site hosted on or connected to Perky Penguins. In addition, Customers shall not use Perky Penguins in order to:
  1. send e-mail messages which are excessive and/or intended to harass or annoy others,
  2. continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them,
  3. send e-mail with forged TCP/IP packet header information,
  4. send malicious e-mail, including, without limitation, "mailbombing",
  5. send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or
  6. use an e-mail box exclusively as a storage space for data.

Indemnification Policy
Perky Penguins reserves the right to refuse service to anyone for any reason not prohibited by law. We also reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all Perky Penguins services at your own risk. Perky Penguins specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Perky Penguins be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Perky Penguins harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Perky Penguins, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Perky Penguins against liabilities, including but not limited to, the following:
  1. Any injury to person or property caused by any products sold or otherwise distributed in connection with Perky Penguins' services
  2. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party
  3. Copyright infringement and/or
  4. Any defective products sold to customer from Perky Penguins.

Responsibility for Content
Perky Penguins takes no responsibility for any material created or accessible on or through the Perky Penguins Services. Perky Penguins is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that Perky Penguins becomes aware that any such material may violate this Acceptable Use Policy and/or expose Perky Penguins to civil or criminal liability, Perky Penguins reserves the right to block access to such material and suspend or terminate any customer creating, storing or disseminating such material. Perky Penguins further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that Perky Penguins deems responsible for the wrongdoing.

Intellectual Property
Material accessible through Perky Penguins may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Customers shall not use Perky Penguins in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If you use a domain name in connection with any of the Perky Penguins, you must not use that domain name in violation of the trademark, service mark, or other rights of any third party.

Perky Penguins shall be the sole arbiter as to what violates this Policy and reserves the right to alter this policy at any time.

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