Terms
And Conditions / Acceptable Use Policy
This represents
the MailProbe.com™ Acceptable Use Policy ("AUP")
in its entirety and supercedes any other written or oral policy.
This policy defines the terms and conditions all Users agree to
when using all services provided by MailProbe.com. MailProbe.com
reserves the exclusive right to revise, change or amend any portion
of this Policy at any time, without advance notice to Users.
Users using
any services offered by MailProbe.com consent to be bound by and
must comply with all policies in this AUP. At the sole discretion
of MailProbe.com, any violators of this AUP may be permanently
prevented from using the service, or face potential legal prosecution.
1. INTERPRETATION
The provisions
of this Policy are intended as guidelines and not meant to be
exhaustive. In general, any conduct that violates any laws, regulations,
or any of the accepted norms of the Internet community, whether
or not expressly mentioned in this Policy, is strictly prohibited.
MailProbe.com reserves the exclusive right at any and all times
to prohibit activities that in any way damage its commercial reputation
and/or goodwill.
2. SYSTEM
AND NETWORK SECURITY
Activities
strictly prohibited:
- Tampering
with other accounts, or committing unauthorized intrusions into
any part of MailProbe.com or related systems, or use of any
servers, files, accounts, or networks to intrude without authorization
into any other system or systems is strictly prohibited.
- Using accounts
not provided or intended for use by User, or circumventing security
provisions in order to access services without incurring charges.
- Using the
system in a manner that unfairly encumbers disk space, processors
or other system resources beyond those provided as part of the
service or services purchased.
- Making
deliberate attempts to interfere with a service, overload a
service or attempt to disable a host.
3. EMAIL
Activities
strictly prohibited:
- Sending
commercial e-mail to a recipient if recipient has requested
that User discontinue such communication.
- Transmitting
e-mail that is harassing, libelous, defamatory, legally obscene
or pornographic, threatening, abusive or hateful to non-consenting
recipients.
- Forging
e-mail header information in any way.
- Using a
User's account, or network connection, to collect e-mail replies
of messages sent from any other provider that violates the rules
of this Policy or those of the originating provider.
- Sending
unsolicited e-mail messages ("Spamming"), including,
without limitation, commercial advertising and informational
announcements, is explicitly prohibited. A User shall not use
another site's mail server to relay mail without the express
permission of the site.
4. GENERAL
All Users
agree to abide by the following general provisions:
- All e-mail
services provided to the User by MailProbe.com may only be used
for lawful purposes. Transmission, distribution or storage of
any material in violation of any applicable law or regulation
is strictly prohibited. This includes, without limitation, material
protected by copyright, trademark, trade secret or other intellectual
property right used without proper authorization, and material
that is obscene, defamatory, constitutes an illegal threat,
or violates export control laws. Examples of non-acceptable
content or links: "Pirated Software", "Hackers
programs or achieves", "Warez Sites", "IRC
Bots", MP3".
- MailProbe.com
reserves the right, at its sole discretion, to prevent a User
from accessing the service at anytime if a violation of this
AUP is determined. MailProbe.com will be the sole arbiter as
to what constitutes a violation of any and all sections of this
policy.
- All services
provided by MailProbe.com are provided on an "as is"
basis. MailProbe.com gives absolutely no warranty, expressed
or implied, for any service(s) provided, including, without
limitation, warranty of merchantability and warranty of fitness
for a particular purpose. This expressly includes any financial
reimbursement, of any kind, for losses of income due to disruption
of service by MailProbe.com or its providers.
- User acknowledges
that MailProbe.com is not responsible for any damages arising
from the User's use of any service(s) provided by MailProbe.com
or User's inability to use any service(s) for any reason.
- MailProbe.com
is not responsible in anyway for the content a User hosts on
MailProbe.com servers, or for the reliability of the transmission
of data across or through the MailProbe.com network.
- User hereby
agrees that any material submitted for publication or transmission
on MailProbe.com managed and/or owned servers or network, will
not contain anything leading to an abusive or unethical use
of the service. Abusive and unethical materials include, but
are not limited to pornography, obscenity, nudity, violations
of privacy, computer viruses, and any defamatory, harassing
and harmful materials or uses. User hereby agrees to indemnify
and hold harmless MailProbe.com, its directors, officers and
employees from any claim(s) resulting from your publication
of materials or your use of those materials. MailProbe.com,
at its sole discretion, may or may not give notice before deactivating
or preventing any customer from accessing MailProbe.com when
a violation this AUP is determined in anyway.
- Due to
the public nature of the Internet, all information should be
considered generally accessible to the public and important
or private information should be treated carefully. MailProbe.com
is not liable for protection or privacy of electronic mail or
other information transferred through the Internet or any other
network MailProbe.com or its Users may utilize.
- Use of
any information obtained via MailProbe.com is at your own risk.
MailProbe.com specifically denies any responsibility for the
accuracy or quality of information obtained through its services.
- Use of
other organizations' networks or computing resources is subject
to their respective permission and usage policies.
- If MailProbe.com
prevents or permanently bans a User from using the service for
any reason, User agrees not to reregister without MailProbe.com's
written consent.
- The User
agrees to defend, hold harmless, and expeditiously indemnify
MailProbe.com from any and all liability, claim, loss, damage
or expense arising out of User's breach or violation of any
covenant contained in this Policy, or resulting from the User's
use of the service.
- User agrees
to waive and hold MailProbe.com harmless from any claims relating
to any action taken by MailProbe.com as part of an investigation
into a suspected violation of this Policy or as a result of
its conclusion that a violation of this Policy has occurred.
Therefore, User cannot sue or recover any damages whatsoever
from MailProbe.com as a result of the decision to remove material
from its server, or to suspend or terminate a User's account.
- MailProbe.com
reserves the right to kill off CPU or any other resource intensive
process, including but not limited to bandwidth, disk usage,
etc…
5. POLICY
ENFORCEMENT
When MailProbe.com
becomes aware of any alleged violation of this AUP, MailProbe
will immediately initiate an investigation. MailProbe.com, may
at its own discretion anytime during an investigation, restrict
a User's access in order to prevent any further possible unauthorized
activity. During this investigation, MailProbe.com will not read
any personal e-mail since MailProbe.com does not store any passwords
and does not have the ability to login to a user's account for
its own use. All user e-mail is considered strictly private and
can not be accessed by MailProbe.com at anytime. Depending on
the severity of the violation, MailProbe.com may, at its sole
discretion, restrict, suspend, or terminate a User's account and/or
pursue other legal remedies. If such violation is a criminal offense,
MailProbe.com will promptly notify the appropriate law enforcement
department of such violation.
6. REPORTING
ABUSE OF THIS POLICY
Any party
seeking to report any violations of this policy may send an e-mail
to: abuse@MailProbe.com
MailProbe.com™ and MailProbe™ are trademarks and brand
owned by WebWizard Works, Inc.
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