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Upon signing up for The Merkur Desktop's services, all customers agree to comply
with Company23's Terms of Use. The spirit of this policy is to ensure our customers
are using The Merkur Desktop's services with due regard to the rights of other
Internet users and in conformity with the requirements of Company23's network environment. |
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| Advertisements |
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Ads posted on The Merkur Desktop may only contain Merkur related content for sale
or want. Company23 reserves the right to remove any ads it deems inappropriate. Examples
of unacceptable content include but are not limited to, eBay auctions, solicitation of any
products non-Merkur related, non-merchandise sales. |
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| Illegal Use |
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Company23 servers may be used for lawful purposes only. Transmission, storage,
or distribution of any information, data, or material in violation of any applicable
law or regulation is prohibited. This includes, but is not limited to: copyrighted
material; trademarks; trade secrets or other intellectual property rights used
without proper authorization; material that is obscene, defamatory, constitutes
an illegal threat, or violates export control laws. Examples of unacceptable content
or links include but are not limited to: pirated software, hacker programs or
archives, Warez sites, MP3, and IRC bots. |
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| Security |
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Violations of system or network security are prohibited and may result in criminal
and civil liability. Examples include but are not limited to the following: unauthorized
access, use, probing, or scanning of systems security or authentication measures,
data, or traffic; interference with service to any user, host, or network including,
without limitation, mail bombing, flooding, deliberate attempts to overload a system,
broadcast attacks; forging of any TCP-IP packet header or any part of the header
information in an email or a newsgroup posting. |
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| Server Abuse |
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Any attempts to undermine or cause harm to a Company23 server or customer are
strictly prohibited. |
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| Copyright Violations |
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The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for
valid copyright infringement notification. If you would like to notify Company23
of an infringement of your copyright, the DMCA requires that you:
- Send your notification to Company23's designated agent Email at
rmattson@company23.com
- Include in your notification the following information
- A physical or electronic signature of the copyright owner
or a person authorized to act on the copyright owner's behalf
(the "Claimant")
- Identification of the copyrighted work(s) claimed to have been infringed
- Identification of the material claimed to infringe the copyright(s),
and enough information for Company23 to locate it
- The Claimant's name, address, and telephone number(s)
- A statement that the Claimant has a good faith belief that
use of the disputed material is not authorized by the
copyright owner or his agent
- A statement, under penalty of perjury, that the information
in the notification of copyright infringement is accurate
and that the Claimant is authorized to act on behalf of
the copyright owner.
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| Actions Taken by Company23 |
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The failure by a customer to meet or follow any of the above Terms of Use
is grounds for account deactivation. Company23 will be the sole arbiter
as to what constitutes a violation of the Terms of Use. Company23 reserves
the right to remove any account without prior notice. |
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When Company23 becomes aware of an alleged violation of its Terms of Use,
Company23 will initiate an investigation. During the investigation, Company23
may restrict a customer's access in order to prevent further potentially
unauthorized activity. Depending on the severity of the violation,
Company23 may, at its sole discretion, restrict, suspend, or terminate a
customer's web hosting account and/or pursue other civil remedies. If
such violation is a criminal offense, Company23 will notify the appropriate
law enforcement authorities of such violation. |
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Company23 does not issue credits for outages incurred through service
disablement resulting from Terms of Use violations. |
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Company23 customers agree to indemnify and hold harmless Company23 from
any claims resulting from the use of our services that damages them or any
other party. The Company23 service is provided on an as is, as available
basis without warranties of any kind, either express or implied, including,
but not limited to, warranties of merchantability, fitness for a particular
purpose or non-infringement. Company23 expressly disclaims any representation
or warranty that the Company23 service will be error-free, secure or
uninterrupted. No oral advice or written information given by Company23,
its employees, licensors or the like, will create a warranty; nor may you
rely on any such information or advice. Company23 and its partners and
suppliers will not be liable for any cost or damage arising either directly
or indirectly from any transaction or use of the service. |
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| Modification |
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Company23 reserves the right to add, delete, or modify any provision of
its Terms of Use at any time without notice. |
