oCommunity Suite v3.2

Terms and Conditions


Terms of Service

This Terms of Service Agreement (TOS) is a formal and legally binding agreement between oCommunity.net (we, Company) and You, the service user (you, Subscriber). Use of our service constitutes acceptance and agreement to the TOS in full.

Contents:
0. This is not a SPAM tool
1. Purpose and Overview of the TOS
2. Specific Violations of the TOS
3. Security
4. Network Performance
5. Payment Policy
6. Limitations of Liability
7. Miscellaneous Provisions

0. THIS PRODUCT IS NOT TO BE USED TO SEND UNSOLICITED MESSAGES [SPAM]
This software and accompanying documentation are provided "as is" and without warranties as to performance or merchantability or any other warranties wether expressed or implied. Because of the various hardware and software environments into which this application may be used, no warranty of fitness for a particular purpose is offered. The user must assume the entire risk of using this software. In no case shall any of the contributors to this project be liable for any incidental, special or consequential damages or loss, including, without limitation, lost profits or the inability to use equipment or access data. This is true even if we are advised of the possibility of such damages. Although we will almost always have an update, we have no obligation to fix eventual bugs or to add new features.
1. PURPOSE AND OVERVIEW OF THE TOS
The TOS is provided to give our customers and users a clear understanding of what we expect of them while using our services. All users of our services including those who access our services but do not have accounts, as well as those who pay a service fee to subscribe to the services, must comply with our TOS.

In accordance with our TOS, we may terminate any accounts that, in our sole discretion, deem to be used as illegal, may subject us to liability, or which may violate the TOS. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of the TOS may result in the suspension or immediate termination of your account without prior notice.

2. SPECIFIC VIOLATIONS OF THE TOS
By using our services you agree not to commit any of the following specific violation of the TOS. The following constitute specific violations of the TOS:

Illegal use: Our services may not be used for illegal purposes, or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. If illegal content or usage is found, the account will be suspended and/or terminated. Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber.

Harm to minors: Use of our service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography is prohibited. Violation of this policy will result in immediate termination of your service and a report will be made to law enforcement authorities.

Threats: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property is prohibited.

Harassment: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another is prohibited. This also includes the harassment of oCommunity.net, our affiliates, customers, or MySpace.

Fraudulent activity: Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters" is prohibited This also includes any knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. Forging any message header, in part or whole, of any electronic transmission, originating or passing through our service is in violation of the TOS. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM): Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, we will initiate an investigation. During the investigation, we may restrict Subscriber access to the network to prevent further violations. If a Subscriber is found to be in violation of our SPAM policy, we may, at our sole discretion, restrict, suspend or terminate the Subscriber's account. Further, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in an "Administrative Fee" of $25 and your account will be reviewed for possible immediate termination. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer. A second violation will result in an "Administrative Fee" of $100 and immediate termination of your account.

Unauthorized access: Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ours or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Copyright or trademark infringement: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited. This also includes intellectual property rights. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Collection of personal data: Use of the service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited.

Network disruptions and unfriendly activity: Use of the service for any activity which affects the ability of other people or systems to use our services or the Internet is prohibited. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. This includes, but is not limited to: "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. It is the Subscriber's responsibility to ensure that their account(s) are configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their account for illegal or inappropriate actions. A Subscriber may not permit their account, through action or inaction, to be configured in such a way that gives a third party the capability to use their account in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any Subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your account, or if denial of service attacks are originating from your account. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Distribution of Viruses: Intentional distributions of software or anything that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using our services could result in suspension of service.

Objectionable Material: You may not use our service to publish material, which we determine, at our sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including but not limited to: narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. If you unsure if your content is objectionable, please contact us before posting it.

Incriminating intent: Our services and software may not be used as a means of information to be used against the oCommunity.net, the ISP, the host, our affiliates, our customers, or MySpace.

Controversial Misuse: You my not be affiliated with or a part of MySpace, a law, legal, or government entity or organization. You may not use our software in any way to take in whole or in part, the features or functionality for your own products, or your own gain.

Information Distribution: You may not distribute in whole or in part any feature or function of our products to compeditors, or anyone who would be violating the TOS by using the products themselves; law enforcement, or MySpace employes.

Downloading Purposes: You agree that all files are available for educational and archival purposes only.

Use of our service by minors: Persons under the age of eighteen (18) must have permission from their parent/guardian to use our services. By signing up for our service, you agree that you are over the age of eighteen, OR your parent/guardian has permitted you to do so and has read and agreed to the TOS, and has accepted responsibility for any actions you may take as a minor under their custody.

3. SECURITY
By using our services you agree to adopt adequate security measures to prevent or minimize unauthorized use of your account. Your password provides access to your account. It is your responsibility to keep your password and your license key secure. Sharing your password, license key and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Users will be held responsible for any activity by third parties using their accounts in a way that violates ours or the third parties TOS. You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account.

Users will be held responsible for any unathorized use of their license key by third parties. You are responsible for keeping your license key safe. You are not allowed to share your license key in public, even if your account has been canceled for any reason.

Users who are resellers are responsible for enforcing the TOS to all of their clients. If their clients are found to be violating the TOS, we will suspend and or/terminate the offending site and let the reseller know. It is advisable that you adopt similar or stricter policies than ours. Our Subscribers may use and/or modify a copy of our TOS for use on their website(s).

4. NETWORK PERFORMANCE
By using our service you agree to abide by this policy. Our services operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of our systems or networks. This may include certain scripts or forums that put excessive use on the SQL server in a way which degrades performance for other users. We reserve the right to terminate or limit such activities. Additionally, if your account(s) becomes the target of denial-of-service (DOS or DDOS) or other malicious attacks against the server, we reserve the right to suspend or terminate your service.

5. PAYMENT POLICY
By using our services you agree to the following payment policy and instructions.

We do offer trial periods and evaluation versions of at cost. Even sale is final. We offer refunds only to proven cases that our software is not working as described in the web site. If you dispute a charge to your credit card issuer or take any action that results in a payment being reversed that, in our sole discretion is a valid charge under the provisions of the TOS, you agree to pay us an "Administrative Fee" of $100. Refunds are negotiated under strict circumstances due to software piracy and are not liberally given. Our services, wether paid for or not, are privileges, not rights.

6. LIMITATIONS OF LIABILITY
By using our services you agree that we are not liable to the following.

The software and the accompanying files are distributed "As Is" and without warranties as to performance of merchantability or any other warranties whether expressed or implied. In no event will oCommunity.net be liable to you for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use this software, even if oCommunity.net has been advised of the possibility of such damages. No refunds will be given to any "As-Is" software.

You take full responsibility of the file after it has entered your possession. The oCommunity.net staff does not take any responsibility or liability for this file after you have downloaded it. Any Terms of Service violated outside the jurisdiction of oCommunity.net will remain the responsibility of the user.

Permission is granted to anyone to use this software for personal, or business use. You may not alter or redistribute to anyone. You may not resell this software without prior authorization from oCommunity.net.

Purchasing, is purely information and distribution purchasing. oCommunity.net holds no explicit warranty or rights to the software distributed through the oCommunity.net distribution system.

oCommunity.net takes no responsibility of the functionality of it's products with third party systems. If an entity other than oCommunity.net changes their system, we are not required to repair our products to meet their requirements. We will however do this from time to time as we see it as necessary.

You agree that we will not be responsible to you for any indirect, consequential, special or punitive damages or losses you may incur in connection with our system or any of the data or other materials transmitted through or residing on our system, even if we have been advised of the possibility of such damage or loss. In addition, you agree to defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) relating to any acts by you or materials or information transmitted by you in connection with our system leading wholly or partially to claims against us or our system by other callers or third parties.

7. MISCELLANEOUS PROVISIONS
Any unauthorized access to this system or services, or access violating these Terms of Service, is prohibited and is subject to criminal and civil penalties under Federal Laws (including but not limited to Public Laws 83-703 and 99-474).

oCommunity.net reserves the right to modify these terms and conditions at any time.


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