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Appendix A

Terms & Conditions of Control Panel usage

CUSTOMER MASTER AGREEMENT - APPENDIX A

TERMS AND CONDITIONS OF CONTROL PANEL USAGE

This Appendix A covers the terms of access to the Control Panel. Any violation of these terms will constitute a breach of agreement, and grounds for immediate termination of this Agreement.

 

Access to Control Panel

Computer Solutions may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily suspend Control Panel Users' access to the Control Panel in the event of significant degradation of the Control Panel, or at any time Computer Solutions may deem necessary.

Computer Solutions may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications to the Control Panel from time to time.

Access to the Control Panel is controlled by authentication information provided by Computer Solutions. Computer Solutions is not responsible for any action in the Control Panel that takes place using this authentication information whether authorized or not.

Computer Solutions is not responsible for any action in the Control Panel by a Control Panel User.

Control Panel User will not attempt to hack, crack, gain unauthorized access, misuse or engage in any practice that may hamper operations of the Control Panel including, without Limitation temporary / permanent slow down of the Control Panel, damage to data, software, operating system, applications, hardware components, network connectivity or any other hardware / software that constitute the Control Panel and architecture needed to continue operation thereof.

Control Panel User will not send or cause the sending of repeated unreasonable network requests to the Control Panel or establish repeated unreasonable connections to the Control Panel. Computer Solutions will in its ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable number of requests or connections.

Control Panel User will take reasonable measures and precautions to ensure secrecy of authentication information.

Control Panel User will take reasonable precautions to protect Control Panel Data from misuse, unauthorized access or disclosure, alteration, or destruction.

Computer Solutions shall not be responsible for damage caused due to the compromise of your Authentication information in any manner OR any authorized/ unauthorized use of the Authentication Information.

Computer Solutions shall not be liable for any damages due to downtime or interruption of Control Panel for any duration and any cause whatsoever.

Computer Solutions shall have the right to temporarily or permanently suspend access of a Control Panel User to the Control Panel if Computer Solutions in its ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the access to the Control Panel, or learns of any possible misuse that has occurred, or will occur with respect to a Control Panel User.

Computer Solutions reserves the right to, in its sole discretion, reject any request, network connection, e-mail, or message, to, or passing through, Control Panel.



Terms of Usage of Control Panel

Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and Control Panel Users, either directly or indirectly, shall not use or permit use of the Control Panel, directly or indirectly, in violation of any federal, state or local rule, regulation or law, or for any unlawful purpose, or to promote adult-oriented or 'offensive' material, or related to any unsolicited bulk e-mail directly or indirectly (such as by referencing a Control Panel provided service within a spam email or as a reply back address), or related to ANY unsolicited marketing efforts offline or online, directly or indirectly, or in a manner injurious to Computer Solutions, Service Providers or their Resellers, Customers and Control Panel Users, or their reputation, including but not limited to the following:

  1. Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.)
  2. Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 2-3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic)
  3. Sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider.
  4. Offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses ('spamware').
  5. Advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, including but not limited to the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial-of-service attacks, and piracy of software.
  6. Harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or Computer Solutions.
  7. Impersonating another user or entity or an existing company/ user/ service or otherwise falsifying one's identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service, or for the purpose of directing traffic of said user or entity elsewhere.
  8. Using Control Panel services to point to or otherwise direct traffic to, directly or indirectly, any material that, in the sole opinion of Computer Solutions, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Computer Solutions, to be threatening or obscene or inappropriate.
  9. Engaging in or solicit illegal activities, or to conduct any other activity that infringes the rights of Computer Solutions, its parent Service Providers or any other third party.
  10. Making foul or profane expressions, or impersonating another person with fraudulent or malicious intent, or to annoy, abuse, threaten, or harass that person.
  11. Using Control Panel directly or indirectly for any of the below activities activities:
    • Transmitting Unsolicited Commercial e-mail (UCE)
    • Transmitting bulk e-mail
    • Being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist
    • Posting bulk Usenet/newsgroup articles
    • Denial of Service attacks of any kind
    • Excessive use of any web service obtained under this agreement beyond reasonable limits as determined by the Computer Solutions in its sole discretion
    • Copyright or trademark infringement
    • Unlawful or illegal activities of any kind
    • Promoting net abuse in any manner (providing software, tools or information which enables, facilitates or otherwise supports net abuse)
    • Causing lossage or creating service degradation for other users whether intentional or inadvertent.
    • Distributing chain letters.
    • Sending large or multiple files or messages to a single recipient with malicious intent.
    • Cross-posting articles to an excessive number of, or inappropriate, newsgroups, forums, mailing lists or websites.
    • Phishing (identity theft), pharming, distribution of virus or malware, child pornography, Fast Flux techniques, running Botnet command and control, network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution.
    • Referencing a Computer Solutions provided service or an Order within a spam email.
    • Hosting, transmitting, providing, publishing, or storing illegal content, including but not limited to the following material, information, messages, data or images:
      • libelous or defamatory content
      • content that violates any privacy right
      • content which threatens physical harm or property damage
      • content which is obscene, pornographic, salacious, explicitly erotic or offensive
      • content that violates applicable intellectual property laws or regulations, including but not limited to, the transmission of copyrighted material or trade secrets and the infringement of patents and trademarks
      • content which violates any export, re-export or import laws and regulations of any jurisdiction
      • hacker programs or archives, "warez", passwords or "cracks"
      • internet relay chat servers ("IRCs") IRC bots
      • any content which Parent in its sole discretion determines as illegal, unlawful, or otherwise inappropriate

Computer Solutions in its sole discretion will determine what constitutes as violation of appropriate usage including but not limited to all of the above.


Data in the Control Panel Database cannot be used for any purpose other than those listed below, except if explicit written permission has been obtained from Computer Solutions.

  1. To perform services contemplated under this agreement; and
  2. To communicate with Parent on any matter pertaining to Parent or its services

Data in the Control Panel Database cannot specifically be used for any purpose listed below :

  • Mass Mailing or SPAM; and
  • Selling the data