HC has no responsibility for the content that any Customers access through contracted
services and does not guarantee the accuracy, integrity or quality of such content.
Customers are responsible for the security of their password(s) and the use of the
services provided by HC for their account (with or without the consent or knowledge
of the Customer). Customers will keep their password(s) confidential. Customers
agree that the use of or connection to the Internet is inherently insecure and
provides opportunity for unauthorized access by a third party to a Customer's
computer systems, networks, and any and all information stored therein. HC shall
not be responsible for any adverse consequences whatsoever arising from a Customer's
connection to or use of the Internet.
All information, data, text, software, music, sound, photographs, graphics, video,
messages or other materials ("Content"), whether publicly or privately transmitted,
are the sole responsibility of the person from which such Content originated. Customer
is solely responsible for all Content that Customer uploads, posts, e-mails or otherwise
transmits via the contracted service(s). Customer acknowledges that in using the
contracted service(s), the Customer may be exposed to Content that is offensive,
indecent or objectionable. HC shall have no responsibility or liability whatsoever
for any Content, for any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise
transmitted via the contracted service(s).
Customers using functionality provided by HC shall not use or allow the use of
services or Internet access provided by HC (Services) for illegal or improper
purposes or in an illegal or improper manner. This includes, without limitation,
actions described below, which would be deemed unacceptable conduct under this
AUP.
a) Any activities which adversely affect the ability of other people or systems to
use HC services or the Internet. This includes "denial of service" (DoS) attacks
against another network host or individual user.
b) Engaging in hacking, port scanning or any other attempt, whether successful or
unsuccessful, to gain unauthorized access to any computer system, network or other
entities' data.
c) Sending unsolicited commercial e-mail (Spam) or large volumes of unsolicited
e-mail. Using an HC e-mail or website address to collect responses from unsolicited
commercial email is also prohibited.
d) Transmitting content that is unlawful, abusive, profane, libelous, slanderous,
obscene, threatening, defamatory, invasive of another's privacy, hateful, or racially,
ethically or otherwise objectionable.
e) Unauthorized copying or transmission of copyrighted, trademarked, or other proprietary
material.
f) Intentional or unintentional propagation of computer worms or viruses.
g) Unlawfully collecting or storing personal data about other users.
h) Adding, removing, or modifying identifying network header information (a.k.a. "spoofing")
in an effort to deceive or mislead.
If excessive bandwidth or disk space utilization is determined by HC to adversely affect
our ability to provide service, immediate action will be taken. The account owner will
be notified by e-mail as soon as practicable to immediately limit its use. In the
alternative, the account owner may agree with HC on a more appropriate service arrangement
to handle the increased use.
Customers shall indemnify and hold HC and its affiliates harmless from any and all
liabilities, costs and expenses, including reasonable attorneys' fees, related to
or arising from:
a) any material violation of the AUP that remains uncured during the applicable grace
period, if any, b) any violation of the AUP by Customer or those who access services
through Customer's account, c) claims of infringement or unlawful use of any third
party software used by Customer 's account or d) claims of third parties relating to
the use of services through Customer's account, including without limitation liabilities
resulting from electronic commerce conducted through Customer's account and the placement
or transmission of any message, information, software, audio files or other materials on
the Internet.
HC may, without notice to Customer, terminate Customer's access to the contracted
services if HC believes that Customer has violated HC's Acceptable Use Policy or
acted inconsistently with the letter or spirit of HC's Acceptable Use Policy. Customer
also agrees that HC shall not be liable to you or any third-party for any termination
of Customer's access to the contracted services.
If any provision of HC's Acceptable Use Policy is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of HC's Acceptable Use Policy shall remain in full force
and effect. The section titles in this Acceptable Use Policy are for convenience
only and have no legal or contractual effect. HC may amend, supplement or revise
this Acceptable Use Policy from time to time. If HC does amend, supplement or
revise this Acceptable Use Policy, it is HC's responsibility to notify Customers
of the update.
