SPAMMING
Sending unsolicited bulk and/or commercial
messages over the Internet (known as "spamming"). It is
not only harmful because of its negative impact on consumer attitudes
toward GSWS, but also because it can overload GSWS's network and disrupt
service to GSWS subscribers. Also, maintaining an open SMTP relay
is prohibited. When a complaint is received, GSWS has the discretion
to determine from all of the evidence whether the email recipients
were from an "opt-in" email list.
INTELLECTUAL PROPERTY VIOLATIONS
Engaging in any activity that infringes or misappropriates
the intellectual property rights of others, including copyrights,
trademarks, service marks, trade secrets, software piracy, and patents
held by individuals, corporations, or other entities. Also, engaging
in activity that violates privacy, publicity, or other personal
rights of others. GSWS is required by law to remove or block access
to customer content upon receipt of a proper notice of copyright
infringement. It is also GSWS's policy to terminate the privileges
of customers who commit repeat violations of copyright laws.
OBSCENE SPEECH OR MATERIALS
Using GSWS's network to advertise, transmit,
store, post, display, or otherwise make available child pornography
or obscene speech or material. GSWS is required by law to notify
law enforcement agencies when it becomes aware of the presence of
child pornography on or being transmitted through GSWS's network.
DEFAMATORY OR ABUSIVE LANGUAGE
Using GSWS's network as a means to transmit or
post defamatory, harassing, abusive, or threatening language.
FORGING OF HEADERS
Forging or misrepresenting message headers,
whether in whole or in part, to mask the originator of the message.
ILLEGAL OR UNAUTHORIZED ACCESS TO OTHER
COMPUTERS OR NETWORKS
Accessing illegally or without authorization
computers, accounts, or networks belonging to another party, or
attempting to penetrate security measures of another individual's
system (often known as "hacking"). Also, any activity
that might be used as a precursor to an attempted system penetration
(i.e. port scan, stealth scan, or other information gathering activity).
DISTRIBUTION OF INTERNET VIRUSES, WORMS,
TROJAN HORSES, OR OTHER DESTRUCTIVE ACTIVITIES
Distributing information regarding the
creation of and sending Internet viruses, worms, Trojan horses,
pinging, flooding, mailbombing, or denial of service (DOS) attacks.
Also, activities that disrupt the use of or interfere with the ability
of others to effectively use the network or any connected network,
system, service, or equipment.
FACILITATING A VIOLATION OF THESE TERMS
AND CONDITIONS
Advertising, transmitting, or otherwise making
available any software, program, product, or service that is designed
to violate these Terms and Conditions, which includes the facilitation
of the means to spam, initiation of pinging, flooding, mailbombing,
denial of service attacks, and piracy of software.
EXPORT CONTROL VIOLATIONS
Exporting encryption software over the
Internet or otherwise, to points outside the United States.
USENET GROUPS
GSWS reserves the right not to accept
postings from newsgroups where we have actual knowledge that the
content of the newsgroup violates these Terms and Conditions.
OTHER ILLEGAL ACTIVITIES
Engaging in activities that are determined
to be illegal, including advertising, transmitting, or otherwise
making available ponzi schemes, pyramid schemes, fraudulently charging
credit cards, and pirating software.
OTHER ACTIVITIES
Engaging in activities, whether lawful or unlawful,
that GSWS determines to be harmful to its subscribers, operations,
reputation, goodwill, or customer relations.
CANCELLATIONS AND BILLING
Accounts are billed on a monthly basis,
unless other arrangements have been made and agreed upon by GSWS
in writing. If the customer chooses to cancel, the customer will
be billed for that entire month of service. Accounts are billed
in advance (i.e. – if you open an account on July 1, the customer
will pay for service for the month of July on July 1).
In the event the customer has elected to prepay subsequent,
additional months' fees, GSWS retains the right to charge the customer
an administrative fee and deduct the administrative fee from the
subsequent, future months' fees before refunding them to the customer.
Setup fees are nonrefundable.
LIMITATIONS OF LIABILITY
GSWS services are provided "as is"
without any warranty of any kind whatsoever, express or implied.
GSWS is not liable for:
A) (1) Any loss
of use, loss of data, interruption of business, or (2) any
indirect, special, incidental, consequential, or punitive
damages of any kind (including, lost profits) regardless of
the form of action.
B) Any temporary
delay, outages or interruptions of the services. Further,
GSWS is not liable for any delay or failure to perform its
obligations under these Terms and Conditions, where the delay
or failure results from any act of God or other cause beyond
its reasonable control (including, any mechanical, electronic,
communications or third-party supplier failure).
C) Any material
downloaded or otherwise obtained through the use of GSWS is
done at the customer's own discretion and risk and that the
customer is solely responsible for any damage to their computer
system or loss of data that results from the download of any
such material.
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These Terms of Service constitute the entire agreement
between the customer and GSWS and govern the customer's use of GSWS
services, superceding any prior agreements between the customer
and GSWS. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content
or third-party software.
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