- This AUR is intended to protect V-MORE and the Internet community from the inappropriate use of Customer and Merchant’s use of the internet.
- You shall not perform any of the following actions and also procure that its end users or any third party that uses its services (“Users” or “User”), shall not perform any of the following actions:
- Use the Services or V-MORE Portal to accept, transmit or distribute unsolicited bulk data (which includes, without limitation, e-mail, bulletin boards, newsgroups, software, files) or otherwise send, or facilitate the sending of unsolicited commercial email (“UCE”) and mail bombs to any person or system in a way that could be expected to adversely impact V-MORE's network or facilities, or may potentially encroach on a third party’s intellectual property rights or any rights of publicity or privacy; The only circumstances in which the Services may be used to send unsolicited data of an advertising or promotional nature is where the unsolicited data is sent to persons with whom the sender has a pre-existing business, professional or personal relationship or to persons who have previously indicated their consent to receive data from the sender from time to time, for example by ticking a box to that effect on the sender’s web site. Unless these requirements are met, Users must not send unsolicited bulk data through the Services. If these requirements are met, the User must also provide an unsubscribe function on their web site (and make this function known to recipients in the relevant data) which allows those recipients to be removed from that mailing list.
- Attempt to connect to any third party systems without prior permission or arrangement;
- Use the Services or V-MORE Portal in a manner which is intended to abuse or to violate the property rights of others, including, without limitation, activities which result in the distribution of viruses, worms, time bombs, Trojan horses, cancelbots, or other destructive activities like Denial of Services (“DOS”) attacks, or scanning or any form of probing / automated network status polls / information collection of a third party’s network / system without prior permission, intentional or otherwise;
- Use the Services or V-MORE Portal to conduct any other activities, which in V-MORE’s view are detrimental to its Users and/or its own operations.
- Use the Services or V-MORE Portal to:-
- send data, or cause data to be sent, that hides or obscures the source of the data, that contains invalid or forged headers or domain names or deceptive addressing; and
- relay data from a third party’s mail server without permission or which employs similar techniques to hide or obscure the source of the data; and
- Violate or attempt to violate the security of the Services, including without limitation, attempting to interfere with, disrupt or disable services to any user, host or network, including but not limited to via means of overloading, “flooding”, “mail bombing” or “crashing”.
- Users shall immediately notify V-MORE of any unauthorised access or attempted breach of security.
- Users are responsible for ensuring that its equipment are configured in a secure manner. Users should not, through action or inaction, allow others to use its network for illegal or inappropriate activities.
- V-MORE may, at its sole discretion remove or disable Users’ network connections, block network addresses, or suspend all Services to Users with or without prior notice to Users. Service suspension by V-MORE due to breach of this AUR shall not prejudice any of V-MORE’s rights under the Customer Agreement and Merchant Agreement.
- V-MORE shall not be liable for any loss, expense, costs or damages of any nature suffered by any User resulting in whole or in part from V-MORE's exercise of its rights under this AUR. By using the Services, Merchant agrees to waive and hold harmless V-MORE from any claims relating to any action taken by V-MORE under this AUR including conduct of investigation, issuing of warnings, refusal to post materials, removal of material, or suspension or termination of services, or other appropriate action.
- Users are required to protect the security of its internet accounts (ftp, email, etc.) and usage to ensure the security of V-MORE’s network and every such network object, including without limitation, routers, switches and workstations. Further, User is responsible for validating the integrity of the information and data it receives or transmits over the Internet and reporting any weaknesses in V-MORE’s network and any incidents of possible misuse or violation of this AUR.
- To determine compliance with this AUR, V-MORE reserves the right to monitor User usage of V-MORE’s network, including without limitation, occasionally sampling bulk email and monitoring bandwidth usage. User hereby consents to such monitoring and agrees that V-MORE is under no duty under this AUR or otherwise, to monitor User use of V-MORE services.
- Violation of this AUR will result in severe penalties. V-MORE may initiate an immediate investigation to substantiate the alleged violation. During the investigation, V-MORE may restrict User access to the network to prevent further violations. The designation of any materials and actions as prohibited as described in this AUR is left entirely to the discretion of V-MORE. If a User is found to be in violation of our AUR, V-MORE may, at its sole discretion, restrict, suspend or terminate such User’s account. V-MORE has no obligation to provide warnings under any circumstances and can terminate the User’s account without prior notification upon a finding that the User has violated this AUR. Further, V-MORE reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. V-MORE will notify law enforcement officials if the violation is believed to be a criminal offense and will cooperate fully with law enforcement authorities in investigating the alleged criminal offense. First violations of this AUR will result in an "administrative fee" of US$250 and the User’s account will be reviewed for possible immediate termination. A second violation will result in an administrative fee of US$500 and immediate termination of the User’s account. Users who violate this AUR shall also be responsible for "research fees" in an amount of US$175 per hour for all time that V-MORE personnel must spend to investigate the matter.
- Users waives the right to bring any claim against V-MORE arising out of or in any way relating to this Agreement more than one (1) year after the date these Services are discontinued, expired, terminated or otherwise ceased, or one (1) year after the date of the occurrence of the event giving rise to the basis of a claim, whichever the earlier date. In the latter case, where an event is not an instantaneous event but occurs over a period of time, or if the basis of a claim arises from a series of events, then the one (1) year period shall be deemed to commence from the first day of such event, or the first day of the series of events, respectively.
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