Perky Penguins' Web Hosting
- Acceptable Use Policy -
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
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
Perky Penguins does not allow any illegal material to be stored in your
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.
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.
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
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:
- send e-mail messages which are excessive and/or intended to harass
or annoy others,
- continue to send e-mail messages to a recipient that has indicated
that he/she does not wish to receive them,
- send e-mail with forged TCP/IP packet header information,
- send malicious e-mail, including, without limitation, "mailbombing",
- send or receive e-mail messages in a manner that violates the
use policies of any other Internet service provider, or
- use an e-mail box exclusively as a storage space for data.
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:
- Any injury to person or property caused by any products sold
or otherwise distributed in connection with Perky Penguins' services
- Any material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party
- Copyright infringement and/or
- 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.
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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