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Terms of Use
 

fryspam.com
a Winslow Systems Limited managed service


Upon signing up for Winslow Systems Limited's services, all customers agree to comply with Winslow Systems Limited's Terms of Use (“TOU”). The spirit of the TOU is to ensure customers are using Winslow Systems Limited's services with due regard to the rights of other Internet users and in conformity with the requirements of Winslow Systems Limited's network environment. The TOU are not exhaustive and Winslow Systems Limited reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.fryspam.com/terms-os-use.html or notification of the modified TOU. Any complaints about a customer’s violation of the TOU should be sent to abuse@winslowsystems.com.

A. All Winslow Systems Limited's Customers
B. Winslow Systems Limited's Web Hosting & E-mail filtering Customers

A. All Winslow Systems Limited's Customers

Actions Taken by Winslow Systems Limited's:
The failure by a customer to meet or follow any of the Terms of Use (TOU) is grounds for account deactivation. Winslow Systems Limited will be the sole arbiter as to what constitutes a violation of the Terms of Use. Winslow Systems Limited reserves the right to remove any account without prior notice. When Winslow Systems Limited becomes aware of an alleged violation of its Terms of Use, Winslow Systems Limited will initiate an investigation. During the investigation, Winslow Systems Limited may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Winslow Systems Limited may, at its sole discretion, restrict, suspend or terminate a customer's web hosting or email filtering account and/or pursue other civil remedies. If such violation is a criminal offence, Winslow Systems Limited will notify the appropriate law enforcement authorities of such violation. Winslow Systems Limited does not issue credits for outages incurred through service disablement resulting from Terms of Use violations. Winslow Systems Limited customers agree to indemnify and hold harmless Winslow Systems Limited from any claims resulting from the use of our services that damages them or any other party. The Winslow Systems Limited service is provided on an as-is-available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Winslow Systems Limited expressly disclaims any representation or warranty that the Winslow Systems Limited service will be error-free, secure or uninterrupted. No oral advice or written information given by Winslow Systems Limited, its employees, licensers or the like, will create a warranty; nor may you rely on any such information or advice. Winslow Systems Limited and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Adult Content
Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Backup/Recovery
If a loss of data stored on Winslow Systems Limited server occurs whilst using Winslow Systems Limited services and is deemed that a loss of data is the fault of Winslow Systems Limited . Winslow Systems Limited will provide cost free backup and data recovery for lost data up until the last available backup of said server. Winslow Systems Limited shall be the sole Winslow Systems Limited of the cause of the data loss. If the cause of the data loss is the fault of the Customer, there will be a fee for any data recovered.

Child Pornography
The use of Winslow Systems Limited's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Winslow Systems Limited is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify Winslow Systems Limited of an infringement of your copyright, the DMCA requires that you:

Send your notification to Winslow Systems Limited's designated agent. You may choose any of the following avenues for this notification:
a. Email to abuse@winslowsystems.com
b. Mail or courier to 5309 Ember Lane - Kernersville, NC 27284

Include in your notification the following information:

  1. A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")
  2. Identification of the copyrighted work (s) claimed to have been infringed
  3. Identification of the material claimed to infringe the copyright (s), and enough information for Winslow Systems Limited to locate it
  4. The Claimant's name, address, and telephone number (s)
  5. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent
  6. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner

Customer Responsibility
Customers are required to use the Winslow Systems Limited network responsibly. This includes respecting the other customers of Winslow Systems Limited . Winslow Systems Limited reserves the right to suspend and/or cancel service with any customer who uses the Winslow Systems Limited network in such a way that adversely affects other Winslow Systems Limited customers. While Winslow Systems Limited may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Winslow Systems Limited does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Winslow Systems Limited becomes aware of any violation of the TOU or other user agreements, Winslow Systems Limited may take any action to stop or correct such violation, including, but not limited to, denying access to Winslow Systems Limited’s services and equipment or to the Internet. In addition, Winslow Systems Limited may take action against a customer or a customer of such customer because of the activities of such customer. Winslow Systems Limited anticipates that customers who offer Internet services will cooperate with Winslow Systems Limited in any corrective or preventive action that Winslow Systems Limited deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Winslow Systems Limited policy and Winslow Systems Limited reserves the right to take any such action even though such action may affect other customers of the Winslow Systems Limited customer.

Illegal Use
Winslow Systems Limited servers may be used for lawful purposes only. Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation, is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Additionally, in purchasing Winslow Systems Limited services, all Winslow Systems Limited customers certify that they and/or the organization they represent in procuring services from Winslow Systems Limited' are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto. Winslow Systems Limited reserves the right to fine Customers who break this clause up to $500,000,000,000,000.00 in damages.

Modification
Winslow Systems Limited reserves the right to add, delete or modify any provision of its Terms of Use at any time without notice.

Payment
All payments are subject to Winslow Systems Limited's Billing Policy. By supplying your credit card for the payment of Winslow Systems Limited charges, you authorize Winslow Systems Limited to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Winslow Systems Limited’s Billing Policy.

Privacy
Winslow Systems Limited is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Winslow Systems Limited urges its customers to assume that all of their on-line communications are insecure. Winslow Systems Limited cannot take any responsibility for the security of information transmitted over Winslow Systems Limited facilities. Additional details on privacy and Winslow Systems Limited’s use of customer information can be found in Winslow Systems Limited’s Privacy Policy.

Server and System Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. 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; interference with service to any user, host or network including, without limitation, mail bombing, 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 email or a newsgroup posting.

Service Limitation
Winslow Systems Limited or its related persons shall not be held liable for any consequential, indirect, special, punitive, or incidental damages, whether foreseeable or unforeseeable, based on claims of the customer or its customers, (including but not limited to, claims for loss of data, goodwill, profits, use of money or use of the software, interruption in use or availability of data, stoppage of other work or impairment of other assets), arising out of breach of implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise, except only in the case of personal injury where and to the extent that applicable law prohibits exclusion of such liability. In no event will the aggregate liability which Winslow Systems Limited and its related persons may incur in any action or proceeding arising out of performance or non-performance of this agreement exceed the total amount actually paid to Winslow Systems Limited by the customer for the specific product or service that directly caused the damage.

UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from or through an Winslow Systems Limited server or using an email address that is maintained on an Winslow Systems Limited machine is STRICTLY prohibited. Winslow Systems Limited will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a website hosted on an Winslow Systems Limited server, or if they sell or distribute software on their website that facilitates spamming. Violators will be assessed a minimum fine of $1,000,000.00 and will face immediate suspension. Winslow Systems Limited also will enable precautions to monitor security and UCE on servers within European and United States guidelines.

Please report any instances of spamming from Winslow Systems Limited specific servers/IP's to abuse@winslowsystems.com detailing as much information as possible, clearly identifying the source of the unsolicited email. This will then be investigated, dealt with and replied to within 24 hours.

Viruses and Other Destructive Activities
Use of Winslow Systems Limited’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Winslow Systems Limited’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.


B. Winslow Systems Limited Web Hosting & email filtering Customers

The following Terms of Use apply only to Winslow Systems Limited’s Web Hosting and email filtering customers, and supplement the terms above in section A that apply to all Winslow Systems Limited customers:

Background Running Programs, Scheduled Tasks and Cron Jobs*
Winslow Systems Limited may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Winslow Systems Limited at support@winslowsystems.com so that we can arrange set-up.

CGI Scripts*
CGI script sharing with domains not hosted by Winslow Systems Limited is not permitted. Any CGI scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Chat Rooms*
Winslow Systems Limited does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.

Databases*
Any database stored on Winslow Systems Limited's servers shall be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.

IRC
Winslow Systems Limited does not allow IRC or IRC bots to be operated on our servers.

Multimedia Files*
Multimedia files are defined as any graphics, audio, and video files. Winslow Systems Limited web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any website whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Server Resources*
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service. Winslow Systems Limited shall be the sole arbiter of what is considered to be a high server usage level.

Software Distribution*
Winslow Systems Limited's shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact support@winslowsystems.com to make special arrangements.


Policy Last Modified: June 14th 2005

 
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Privacy Policy - Terms of Use
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