By using the SBSI Site or using SBSI services, you signify your agreement to these Acceptable Use Policies outlined below. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this SBSI Site following the posting of changes to these terms will mean you accept those changes.

RESTRICTIONS

All materials contained in any SBSI Site are the copyrighted property of SBSI or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to SBSI or its affiliates. No material from any SBSI Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

CONTENT LINK NOTICE

You should be aware that when you are on a SBSI Site, you could be directed to other sites that are beyond our control. There are links to other sites from SBSI pages that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a SBSI Site. We reserve the right to disable links from third-party sites to any SBSI Site.

DISCLAIMER

THE MATERIALS IN THIS SBSI SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY SBSI SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SBSI SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any SBSI Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any SBSI Site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content.


ACCEPTABLE USE POLICY- SBSI SYSTEM/NETWORK

From time to time SBSI, Inc. may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies. SBSI reserves the right to modify the Acceptable Use Policy at any time and will be posted at www.shawbinary.com/docs/acceptable.asp. By using SBSI’s services you agree to abide by the Acceptable Use Policy as modified from time to time. Any violation of the Acceptable Use Policy will result in the suspension or termination of your account or such other action SBSI deems appropriate.

1. Legal Uses. SBSI's system and services may not be used in any way which violates Federal, State, Local, or International law. This prohibits, but is not limited to, any actions which are threatening, obscene, defamatory, or which violate trade secret, copyright or patent protection, or rights of privacy or publicity, or which result in the spread of computer viruses or other damaging programs or data files, or which violate any export restrictions (including making non-exportable information or software available to foreign nationals as may be prohibited by law). In the event User is suspected of any such violation, Host reserves the right to immediately suspend or terminate User's account.

2. Network Transmissions. Customer is responsible for any materials passed via SBSI's system to other networks, and agrees to comply with any restrictions posed by the other network's terms of service or acceptable use policies.

3. Confidentiality. SBSI will protect to the best of its ability the confidentiality of any files and electronic mail stored on or exchanged over the system, except as may be necessary to provide the requested Internet services, or as may be necessary to preserve the security and proper operation of SBSI's system, or to protect SBSI's rights or property.

SBSI, except as otherwise provided for in this Agreement or as required by law, will use its best efforts to avoid disclosing the contents of private electronic mail to anyone other than addressees, authorized recipients, or those to whom such disclosure is necessary to assure forwarding or delivery.

Customer acknowledges that no system on the Internet can be guaranteed safe from unauthorized intrusion, and therefore any confidential information stored on or transmitted through SBSI's system is stored or transmitted at Customer's own risk.

4. Security Concerns. Customer is responsible for choosing a secure password and for keeping it secret.

Customer may not attempt to bypass any security mechanisms in place on SBSI's system, or use any of SBSI's systems or services to attempt to bypass any security mechanisms in place on any remote system. This includes, but is not limited to, running any password cracking software, or attempting to access a system which any user knows or reasonably should know he or she is not authorized to access in the manner or to the extent attempted.
 
  1. Customer Security Responsibilities: SBSI is not responsible for any breaches of security affecting servers under customer control or those under control by SBSI. Basic protection (such as firewall, etc.) may be afforded by SBSI, but does not imply warranty against attack by, but not limited to, hacking or any other intrusion. Loss of data or any financial losses incurred by such losses are expressly not covered by SBSI.

    If a customer’s server is involved in an attack on another server or system, it may be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach
     
  2. System And Network Security: Violations of system or network security are prohibited, and may result in criminal and civil liability. SBSI may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
     
    • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
       
    • Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
       
    • Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
       
    • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by SBSI.
5. Copyright Issues. The SBSI network may only be used for lawful purposes. User agrees not to upload to, download from, make available for public access on, or transmit through SBSI's system any copyrighted material in violation of the copyright owner's rights in that material. By uploading, downloading, making available for public access, or transmitting any copyright-protected material, Customer warrants that User has the proper authorization to make or authorize the making of any copies involved with such uploading, downloading, making available for public access, or transmission. Unauthorized copying, or authorizing the copying of protected works in excess of any legal right through SBSI's system is a violation of federal law and international treaties, and may result in not only termination of Customer's account, but also may result in civil and/or criminal fines and prison sentences.

Customer agrees not to remove any copyright ownership information, or falsify such information, on any files uploaded, downloaded, made publicly available through, or transmitted via SBSI's system.

Customer explicitly licenses SBSI to make any copies of copyright protected materials necessary to provide Internet and related services to User, as well as make any necessary copies necessary to preserve and maintain SBSI's system and Customer's files and electronic mail.

Customer explicitly licenses SBSI to make any copies, without limitation, of any copyrighted materials submitted to a public forum maintained on SBSI's system, or submitted to any forum to which Host provides access. This clause cannot be modified by either party unless any modification is in writing and signed by both parties.

6. Unattended Forms. Customer is not permitted to run any programs or software which continually send data over or access SBSI's system, or run any programs or software on SBSI's system unattended, unless such use has been approved in advance by SBSI's staff.

7. Network Responsibility: Customers have a responsibility to use the SBSI network responsibly. This includes respecting the other customers of SBSI. SBSI reserves the right to suspend and or cancel service with any Customer who uses the SBSI network in such a way that adversely effects other SBSI customers. This includes but is not limited to:
  • Attacking or attempting to gain unauthorized access to servers and services that belong to SBSI or its customers (i.e. computer hacking), and/or
     
  • Participating in behavior which result in reprisals that adversely effect the SBSI network or other customers' access to the SBSI network.

SBSI will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a SBSI customer, whether or not the attacked account or computer belongs to SBSI, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of SBSI is strictly prohibited.

8. Lawful Purpose: All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or Acceptable Use Policies is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fradulent content.

Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of SBSI services or products is prohibited. Using the SBSI network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within SBSI network utilize the public Internet. You are solely responsible for your usage of the SBSI network and servers and any statement you make on servers hosted within the SBSI network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

9. Child Pornography on the Internet: SBSI will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the SBSI network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT.

10. Net Etiquette: The following violations of net etiquette are grounds for immediate suspension of service pending investigation by SBSI and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. These violations are in addition to and do not limit any obligations of User under the Acceptable Use Policy.
(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
(b) Sending unsolicited mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients.
(c) Engaging in either (a) or (b) from a provider other than SBSI and using an account on SBSI as a mail drop for responses.
(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by SBSI.
(e) Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
(f) Use of IRC "bots" on SBSI, whether on our IRC server or any other. Such software may not be stored on SBSI's servers.

11. Billing: Dues must be paid on a timely basis to maintain Customer's Account privileges. Dues charged will continue regardless of your use unless and until you notify us in writing that you wish to cancel your Account at the end of your contracted period. Failure to pay dues may result in suspension or cancellation. Customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation. SBSI reserves the right to confiscate customer servers and hardware located within the SBSI network to pay for any outstanding charges owed to SBSI.

12. Suspension/Cancellation: SBSI, at its sole business judgment, may terminate network access to any Customer immediately or suspend Customer's access to the service upon any breach of the Acceptable Use Policies by Customer or Customer’s agents, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of SBSI that User may be performing activities harmful to SBSI or its Customers, employees, vendors, business relationships or any other users of the Internet. Prior notification to the Customer is not assured. Law enforcement may be contacted regarding the activity.

13. Indemnification. Customer agrees to indemnify and hold harmless SBSI from any and all claims pertaining to any violation of the Acceptable Use Policies in addition to loss of data provided by the public and/or the functionality of SBSI’s services during use by the public.

14. Disclaimer of Responsibility. SBSI is under no duty to look at each customer's or user's activities to determine if a violation of the Acceptable Use Policies has occurred. SBSI disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.

All Customers, and agents of customers must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.
Shaw Binary Systems, Inc. (SBSI) © 2007