General
OTFB encourages our clients to
be good citizens of the Internet - "netizens"
The Internet has a history steeped in traditions
of cooperation and volunteerism. It is a vast, world-wide community
of users of every imaginable kind. The Internet is an invaluable
resource from which enormous benefit can be had. As always, the
actions of a very few can "spoil it for the rest of us."
Hooligans, vandals, thugs, hackers and others that reflect poorly
on OTFB can imperil the ability of OTFB clients
to use and benefit from this vast resource.
OTFB sets forth the following rules,
policies and conditions with the aim of promoting Internet use
for the benefit of all OTFB clients and the greater Internet
community.
The actions prohibited by these Terms
of Service are not all-encompassing -- we couldn't begin
to imagine some of the things people might do to incur the wrath
of other netizens and thus threaten the activities of OTFB
and our clients. However, rest assured that other actions not
listed below which we find objectionable, actions which injure
OTFB or our Clients and / or which reflect badly on OTFB
and our Clients will not be tolerated and may lead to termination
of service.
|
Anti-Spam Policy
It is contrary to OTFB policy for
any user of any of our services to effect or participate in any
of the following activities through an OTFB provided service:
- To send unsolicited commercial emailings to email users;
- To post a single article or advertisement
to more than five (5) Usenet or other newsgroups, forums, email
mailing lists or other similar groups or lists;
- To post to any Usenet or other newsgroup,
forum, email mailing list or other similar group or list articles
which are off-topic according to the charter or other owner-published
FAQ or description of the group or list;
- To engage in any of the foregoing spamming
activities using the service of another provider, but channeling
such activities through a OTFB account or remailer, or
using a OTFB account as a mail drop for responses;
- To use the OTFB name, OTFB-hosted
domain name or your OTFB supplied Email address (either as a Reply
to: or as the From: header), or advertise your OTFB Web
site via Unsolicited Commercial Email;
OTFB considers the above practices
to constitute abuse of our service and of the recipients of such
unsolicited mailings and/or postings, who often bear the expense.
Therefore, these practices are prohibited by OTFB' terms
and conditions of service. Engaging in one or more of these practices
may result in termination of the
offender's account and/or access to OTFB services.
In addition, OTFB reserves the right
to implement technical mechanisms that block multiple postings
as described above before they are forwarded.
This policy addresses only the kinds of
network abuse specifically enumerated above. In addition to these
activities, OTFB's terms and conditions of service also
prohibit other forms of abuse such as harassment and the posting
of illegal or unlawful materials, and OTFB will respond
as appropriate to these other activities as well.
|
Spam Blocking Policy
OTFB reserves the right to employ various technical means to block receipt of
email from known and suspected spam sources. In the event that any user of OTFB's
service prefers not to have any mail blocked from user's account, the user should contact OTFB's
postmaster and request that the user account in qustion be "e;white-listed". White-listed accounts will
receive email that would have otherwise been rejected as being from known or suspected spam sources. If you have
questions about spam blocking or white-listing, contact our postmaster.
|
Abuse of Service Policy
It is contrary to OTFB policy for any user of any of our services:
- To access or attempt to access and/or
download information from non-public areas of the OTFB
servers.
- To modify or attempt to modify web pages
or other files which are not the client's own.
- To resell web site space or service.
- To engage in any activity that has the
effect of denying services to OTFB or any OTFB
client.
| Any action that interferes
with, disrupts, electronically intrudes upon, or attempts to
gain unauthorized access to OTFB's network, servers, or
other equipment used by OTFB will be prosecuted and may
result in civil and / or criminal penalties. |
|
Software "Piracy" Policy
It is contrary to OTFB policy for
any user of any of our services:
- To make available for download or distribution
copyrighted software, without written authorization of the copyright
owner;
- To make available serial numbers for software
which can be used to illegally validate or register software;
- To make available information concerning
software "cracking" methods;
- To make available tools which can be used
for no purpose other than for "cracking" software (This
does not include tools that have legitimate uses for software
developers, system administrators, etc.).
|
Copyright Policy
All material on the OTFB web site,
including, without limitation, text, software, photos, video,
graphics, music and sound, are protected by U.S. and international
copyright laws, both as individual works and as a collection.
The downloading or use of copyrighted material provided by OTFB
or a third-party content provider is allowed by Clients for personal
use only. Clients may not copy, reproduce, retransmit, distribute,
publish, commercially exploit, or otherwise transfer any such
copyrighted material in any format, electronic or otherwise.
It is contrary to OTFB policy for any user of our services:
- To use or distribute any copyrighted material
without the express permission of the author or copyright owner.
If OTFB becomes aware of the presence
of alleged copyright-infringing material on its servers either
in the course of its ordinary and reasonable business activities,
or through notification by a third party, OTFB will:
- Contact the Client responsible for the
page and alert him or her to the allegations of copyright infringement
and notify the person that within five days he or she must respond
demonstrating why the allegedly infringing material does not
infringe the purported copyright. OTFB will also alert
the Client that absent such a response, OTFB reserves
the right to delete the page; and
- If the Client fails to respond within
five days, OTFB will make a decision whether to remove
the page. If the alerted party responds to the allegations and
claims the page is not infringing, OTFB will either forward
the response to the third party alleging the infringement, or
in the case that OTFB has discovered the infringement,
make a decision whether to remove the page.
- If, in its sole discretion, OTFB
concludes that one of its Client's web pages contains a particularly
egregious copyright violation, OTFB reserves the right
to delete the offending web page at any time and without prior
notice.
|
Payment
Payment for all services provided by OTFB
is due the 10th day after billing. Overdue payment may result
in suspension or termination of service. Restoration of service
following suspension or termination may result in a reinstatement
fee.
|
Disclaimers
OTFB is not responsible for the
content of any Client web page, and the views expressed are the
responsibility of the Client and not OTFB. OTFB
does not review web pages in any way before they appear on OTFB.
OTFB reserves the right to remove any page from OTFB.
|
Miscellaneous
By using the OTFB services, you
agree to use OTFB in a manner consistent with all applicable
laws and regulations and in accordance with the Terms and Conditions
discussed herein.
In addition to activities prohibited elsewhere
herein, the following actions and content are not permitted by
OTFB:
- Pages that exploit the images of children
under 18 years of age.
- Material that is grossly offensive to
OTFB, its Clients or the general public, including clear
expressions of bigotry, racism, or group hatred.
- Pages that promote illegal activity.
- Material that defames, abuses or threatens
others.
- Pages that contain material inconsistent
with the values and the spirit of OTFB.
Continuity of Service
OTFB provides a variety of services
for our Clients but makes no implied or express warranties about
the reliability of such services. Internet sites can become unavailable
for a wide variety of reasons outside of OTFB's control.
OTFB is not responsible for any loss or damage, including
consequential damages, caused by anyone's inability to access
Client web pages, or other provided services.
|
Modifications
OTFB reserves the right to modify
these terms and conditions. Clients will be notified of changes
via email and all changes become effective at the time notice
is sent.
Nothing contained in this policy shall
be construed to limit OTFB' actions or remedies in any
way with respect to any of the foregoing activities, and OTFB
reserves the right to take any and all additional actions it
may deem appropriate with respect to such activities, including
without limitation taking action to recover the costs and expenses
of identifying offenders and removing them from the OTFB
service.
In addition, OTFB reserves at all
times all rights and remedies available to it with respect to
such activities at law or in equity.
|
Limitations of Liability and Warranty
OTFB services are provided on an
"as is" basis without warranties of any kind, either
expressed or implied and use thereof is entirely at client's
own risk. Furthermore, neither OTFB nor any third-party
content provider makes any warranty with respect to any content,
information, services, or products provided through or in conjunction
with OTFB.
The Client specifically agrees that OTFB
and third-party content providers are not liable for any conduct
by Clients associated with OTFB, including, but not limited
to, Client web pages.
OTFB and third-party content providers
make no guarantee of the accuracy, correctness, or completeness
of any information on OTFB and are not responsible for
- any errors or omissions arising from the
use of such information;
- any failures, delays, or interruptions
in the delivery of any content or services contained within OTFB;
or
- losses or damages, including consequential
damages, arising from the use of the content or services provided
by OTFB.
|
Indemnity
Client agrees to indemnify and hold harmless
OTFB against any and all claims and expenses, including
attorneys' fees, arising from the Client's use of OTFB.
This expressly includes:
- Client's responsibility for any and all
liability arising from the violation or infringement of proprietary
rights or copyrights and
- any libelous or unlawful material contained
within Client's web pages.
|
Termination of Service
OTFB may terminate any and all information,
access, communications, postings, or web pages at any time, without
notice, for conduct that violates this Agreement or other policies
or guidelines set out by OTFB elsewhere on the OTFB
web site if OTFB believes them harmful to other Clients,
the business of OTFB, or other third-party information
providers.
|
Issues of Law
This Agreement shall be constructed and
controlled by the laws of the State of Arizona, without regard
to its conflict of law provisions. Any dispute arising hereunder
will be governed by the laws of the State of Arizona. The Client
agrees to personal jurisdiction by the state and federal courts
of the State of Arizona.
|
This Agreement constitutes the
entire agreement between OTFB and its Clients with respect
to the subject matter contained herein and supersedes any other
agreement, proposals and communications, written or oral, between
OTFB representatives and Client. OTFB may amend
this Agreement at any time with notice from OTFB to Client
as published on the OTFB web site.
|
If any provision of this agreement
shall be deemed invalid or unenforceable, then that provision
shall be reformed to the least extent necessary to make it enforceable,
and nothing shall affect the validity of any other provision
of this agreement.
|
Use of OTFB's services constitutes acceptance of these Terms of Service.
|
| If you have questions regarding any of these policies, please
contact OTFB. |