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Acceptable
Use Policy of www.eCreations.net
and all related sites owned, operated or controlled by eCreations,
LLC.
Acceptance of Terms Through Use.
This site provides you the ability to learn about eCreations
and its products and services as well as the ability to access
our network and services. By using this site, and any other
site owned and operated by eCreations, you signify your agreement
to the terms, conditions and notices of this policy. "You"
when used in this statement shall mean the eCreations customer
of record and eCreations customer end users. This Acceptable
Use Policy is used in conjunction with the terms of your service
agreement. Violating any of these policies grants eCreations
the authority to take action to restrict or terminate your
access to eCreations services. We reserve the right, at our
discretion, to update or revise this policy, any other policy
or statement on any eCreations Website, and any product offerings
or programs described on any eCreations Website. Please check
back periodically to review any changes to this policy.
eCreations
disclaims, to the maximum extent permitted by law, all warranties,
representations or other endorsements, express or implied,
with regard to the information accessed from, or through,
this service, the systems which provide it and the Internet,
including all warranties of merchantability or fitness for
a particular use, or non-infringement of any third-party rights.
eCreations does not assume any liability for the completeness,
accuracy or usefulness of any information disclosed or materials
accessed. In no event shall eCreations (or any persons or
entities related thereto) be liable for any special, indirect,
or consequential damages associated with or arising from use
of this service in any way, including any loss of use, data
or profits, regardless of the form of action. Any failure
by eCreations to enforce this policy in every instance in
which it might have application does not amount to a waiver
of eCreations' rights.
Lawful
Use
You must use this site and the eCreations' services in accordance
with the terms of this policy and your eCreations Service
Agreement, and in accordance with all federal, state and local
laws, ordinances, and regulations.
User
Conduct, Prohibited or Unlawful Use
In order to maintain an informative and valuable service that
meets the needs of the users of this site and eCreations services,
the following rules have been established to protect against
abuse.
Use
of this site or eCreations services for any purpose that is
unlawful or in any manner which could damage, disable, overburden
or impair the operation of this site, the eCreations network
or eCreations services or any other party's use or enjoyment
of this site, the eCreations network or eCreations services,
is strictly prohibited. Specifically, you may not: (1) Attempt
to use or gain unauthorized access to data, accounts, hosts,
servers, systems or networks of this site, or to probe, scan
or test the vulnerability of a system or network of this site,
any eCreations services or those of any other party. (2) Interfere
with service to any user, host or network including, without
limitation, mail-bombing, flooding, or attempting to overload
the system . (3) Forge any TCP-IP packet header or any part
of the header information in an e-mail or a newsgroup posting.
(4) Falsify address information or otherwise modify e-mail
headers to conceal the sender's or the recipient's identity.
(5) Use this site or eCreations services to engage in activities
that violate any terms or conditions of any other network
access provider or Internet service provider. Additionally,
you may not, by use of any eCreations service or another service,
upload, post or otherwise distribute or facilitate distribution
of any content, including text, communications, software,
images, sounds, data, or other information that, in eCreations'
discretion: (1) Is unlawful, threatening, abusive, harassing,
libelous, defamatory, obscene, deceptive, fraudulent, invasive
of another's privacy, tortious, indecent, pornographic or
inaccurate. (2) Victimizes, harasses, degrades, or intimidates
an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, disability
or any other reason. (3) Is posted in violation of a newsgroup
charter Contains viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer. (4) Has a negative effect on eCreations or its network
(including, without limitation, overloading servers on the
eCreations network; causing portions of the eCreations network
to be blocked by other network providers; generating unresolved
third party complaints or complaints which, in the discretion
of eCreations, impose an unreasonable administrative burden
on the company; etc). (5) Constitutes unsolicited duplicative
e-mail (commercial or otherwise). This prohibition extends
to the sending of unsolicited and/or mass e-mailings from
any eCreations account, or via another service which in any
way implicates the use of this site or eCreations services,
eCreations equipment or any eCreations e-mail address; (ii)
that is relayed from any eCreations or third party's mail
servers without permission; (iii) which employs techniques
to hide or obscure the source of the e-mail; (iv) which are
sent, or caused to be sent, to or through the eCreations network
that makes use of or contains invalid or forged headers, invalid
or nonexistent domain names or other means of deceptive addressing
may be deemed to be counterfeit.
A communication may be unsolicited if: (1) recipients' email
addresses were not obtained through a personal or customer
relationship between recipient and sender, (2) recipients
did not affirmatively consent to receive communications from
sender, or (3) recipients have opted out of receiving communications
from sender when given notice of the opportunity to do so.
eCreations
reserves the right to take all legal and technical steps available
to prevent unsolicited bulk e-mail or other unauthorized e-mail
from being sent from or transmitted through the eCreations
network.
PLEASE
NOTE: The transmission of unsolicited bulk e-mail, including
the transmission of counterfeit e-mail, may result in civil
and criminal penalties against the sender, including those
provided by the Computer Fraud and Abuse Act (18 U.S.C. §
1030 et seq.) and other applicable statutes and regulations.
Your
participation in online communication or use of any eCreations
service is not edited, censored or otherwise controlled by
eCreations. However, eCreations reserves the right to monitor
content on this site and any eCreations services and to remove
content, disable sites, or suspend or terminate services if
eCreations, in its discretion, determines such content or
user practices are harmful, offensive, or otherwise in violation
of this Acceptable Use Policy.
Intellectual Property Rights
You acknowledge and agree that copyrights, trademarks,
service marks, patents, trade secrets, and other proprietary
rights and laws protect all content and materials available
on this site or through any eCreations service. Nothing on
any eCreations Website shall be interpreted or implied in
such as way as conferring any license or right to any intellectual
property rights or license to any intellectual property, content,
technology, system, process, or related material belonging
to eCreations by virtue of it being displayed or made accessible
on any eCreations Website. Any and all logos, trademarks,
tradenames, servicemarks, servicenames, etc. not owned by
eCreations, LLC are and shall remain the sole property of
their respective owners. Except as expressly authorized, you
agree not to use this site or any eCreations services in any
manner that would infringe, violate, dilute or misappropriate
any such rights, with respect to any material, which you may
access, receive or make available through this site or any
eCreations services.
The
eCreations name, eCreations design logo, other related names,
design marks, product names, feature names and related logos
are trade/service marks of eCreations, LLC, and may only be
used with the express written permission of eCreations. eCreations
claims copyright interests in all original content or works
provided by eCreations on the eCreations Website(s). If any
pages, information or content is copied, it may only be copied
for noncommercial uses and eCreations shall, in any event,
retain all copyright and other proprietary interests therein.
If you use a domain name or content in connection with the
eCreations Web hosting, or any other Web hosting service,
you must not use that domain name or content in any way which
violates any trademark, service mark, or similar rights of
any third party.
User's
Grant of Limited License
By posting or submitting content to any eCreations Website,
you: (1) Grant eCreations the right to use, reproduce, display,
adapt, modify, distribute and have distributed the content
in any form, anywhere and for any purpose, subject to the
eCreations Privacy Policy, which is incorporated in and made
a part of this Policy; and, (2) Warrant and represent that
you own or otherwise control all of the rights to the content
and that public posting and use of your content by eCreations
will not infringe or violate the rights of any third party.
Controlling
Law and Termination
This Authorized Use Policy is subject to, and shall be construed
and enforced in accordance with the laws of the State of Arizona
without regard to its choice of law principles, and any disputes
hereunder shall be brought in the United States District Court.
Notices
The eCreations Terms of Service Agreement and Acceptable Use
Policy prohibit acts of copyright and trademark infringement
and other unlawful behavior by eCreations subscribers. eCreations
takes subscriber violations seriously and will investigate
complaints and, where appropriate, may remove content, disable
sites, suspend or terminate services, or take other action
as necessary.
General
Complaints
Please send reports of any activity in violation of this Acceptable
Use Policy to abuse@eCreations.net.
eCreations will reasonably investigate incidents involving
such violations. eCreations may involve and will cooperate
with law enforcement officials if any criminal activity is
suspected. Violations may result in criminal and civil liability.
Copyright/Trademark
Infringement Complaints
If you believe that your copyright or trademark has been used
by an eCreations subscriber without permission, such that
the use may constitute infringement of your intellectual property
rights, please contact
our legal counsel.
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