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Acceptable Use Policy

El Valle Consulting, LLC. ACCEPTABLE USE POLICY (the Policy).

For purposes of the following paragraphs, "Services" is defined as any service provided by El Valle Consulting, LLC. (EVC) on behalf of Client.

The term "Client" above and below refers to the person or organization that is contracting with EVC for Services.

General Usage:

Services may only be used for lawful purposes. Transmission, storage or displaying any information, data or other material in violation of any United States Federal, State, County or City law is strictly prohibited. This includes, but is not limited to:
  • Copyrighted Materials (for which Client do not have written permission from the copyright holder)

  • Pirated Software

  • Hacking/Cracking other websites or any software

  • Warez Materials (Copyrighted material traded in violation of its copyright license)

  • Copyrighted MP3 files

  • Pornography or other adult related material

  • Sexually related materials (products, services, banners)

  • Links to any of the above materials

Sites found to contain any prohibited materials may be canceled immediately without warning and will not be eligible for any refund of fees due from, or already paid by, Client. EVC retains absolutely the right of final decision, at EVC's sole discretion, as to what constitutes a violation of this policy. EVC may, at EVC's sole discretion, report and forward any suspected materials to a variety of law enforcement agencies (local, state and/or federal whether in the United States or any other country), including, but not limited to the Software Piracy Association and the FBI. EVC will cooperate fully with official investigations by any recognized law enforcement agency.

Websites whose primary purpose is for file distribution or site mirroring are expressly prohibited.


E-Mail, SPAM and UCE

EVC maintains a "zero tolerance" for SPAM and UCE.

SPAM or "UCE" (Unsolicited Commercial E-mail (does not necessarily need to be commercial in nature)) is the sending of unsolicited e-mail to any person or persons the sender does not know or have prior explicit consent to send the message(s) to. Using fictitious e-mail addresses of any domain housed on EVC servers is expressly forbidden. Unsolicited e-mail of any type (to e-mail addresses or newsgroup postings) is classified as UCE.

UCE referencing websites on EVC servers in any manner (as originator, intermediary, destination or reply-to address) is STRICTLY PROHIBITED and Client's Services may be terminated without notice or refund if Client sends UCE through EVC servers or Client's site on EVC's servers is referenced in UCE. In addition, EVC reserves the right to impose a minimum $150 fee for each reported unsolicited e-mail. Additional charges may apply for administrative work or any penalties incurred by EVC or it's up-line providers for abusing EVC services.

Opt-Out mailing lists are strictly prohibited. This includes any lists or databases purchased or otherwise obtained from third parties, as the persons on such lists did not specifically solicit mail from Client. Any mailing lists Client maintains must be valid and truly confirmed opt-in in nature. (information regarding confirmed opt-in lists and responsible e-mail marketing can be found here). This requires a Client's user to specifically request that the user be added to Client's mailing list. Having to unsubscribe from mailing lists during product registration and similar sign up forms is not classified as opt-in, but rather opt-out, which is in violation of this UCE policy. In addition, any opt-in mailing lists must include an automated unsubscribe facility where clicking on a link within the e-mail that will automatically and immediately unsubscribe the user from email lists. Reply-to e-mail addresses to unsubscribe are known to be ignored and are unreliable, therefore reply-to e-mail unsubscribe e-mails are NOT permitted.

Any violation(s) of this Policy may result in the immediate termination of Client's e-mail service and/or Client's entire Services without notice by EVC and at EVC's sole discretion. No refunds will be issued for Services canceled for sending or being referenced in UCE. EVC reserves the right to refuse or cancel Services of known SPAMmers. We may also notify other service providers of any confirmed UCE including, but not limited to, service providers used or referenced in the transmission of UCE, as well as law enforcement agencies when appropriate.

The bottom-line -- UCE will not be tolerated!


Please contact EVC if you believe UCE violations are occuring on EVC servers.


Privacy

Customer's information will not be given or sold to any person or entity outside of EVC, with exception of illegal use of EVC services, in which case EVC may provide information and/or suspected files to the appropriate law enforcement agencies. See EVC's Privacy Policies for additional privacy policies.


Copyright Violations

EVC complies with the Digital Millennium Copyright Act. Copyright infringement issues can be forwarded to:

El Valle Consulting, LLC.
P.O. Box 1A
Cowles, NM 87573

Telephone: 505.757.2243


Excessive Usage

CGI, ASP, ASP.net and Cold Fusion and other script languages may cause excessive usage (server system resources and/or bandwidth) which will detrimentally effect other sites on EVC servers. Client takes full responsibility for all scripts executed from their account - regardless of how the script was obtained. Any Client found to have excessive usage may result with suspended or terminated Services without warning. When possible, advance warning will be provided by EVC; however, if the excessive usage is deemed to be causing immediate harm to EVC servers and/or networks, no warning will be provided. Client will need to make acceptable arrangements (typically removal of the offending script) with EVC prior to the account being reinstated. Repeated excessive usage will result in the Client's Services being canceled without the possibility for reinstatement or refund.

Bulletin Boards (e.g., Ultimate Bulletin Board), forums and chat rooms are known to be major resource hogs and are strongly discouraged for Shared Hosting Services. If Client expects to host a highly active bulletin board, forum or chat room script, Client must move to a dedicated server to prevent Services suspension or cancellation. Chat room scripts are not allowed on EVC Shared Hosting servers due to their known resource demands.

EVC retains sole discretion over what constitutes excessive usage.


Overages

If EVC finds out that a Client is using more server system resources and/or bandwidth than provided by the Client's Hosting Plan, EVC reserves the right to charge Client for such overages. Invoices will be sent to the Client. EVC reserves the right to go back 4 months for overages. Overage rates for bandwidth are $5.00 per GB, or part thereof. Overages rates for web space are $1.00 per each 10 MB or part thereof.


Sub-directories/Breaking Up of Sites

Any sub-directory that seems to be a site within an existing site is strictly prohibited (i.e., www.yourdomain.com/smithpharmacy - if it is determined that Smith Pharmacy warrants its own site, i.e. www.smithpharmacy.com then EVC can suspend service). EVC has the discretion to determine whether or not a sub-directory requires an additional account. The breaking up of one account to multiple accounts via sub-directories is strictly prohibited. EVC can suspend a Client's Services without notice and may charge a $75 reconnection fee if EVC is forced to shut down a website that does not comply with this Policy. This holds true even if it is found that the Client is not reselling these sub-directories.


Server Abuse

Any attempts to cause harm or hack into EVC servers or networks in any manner is strictly prohibited. EVC will actively pursue any user attempting to illegally access EVC servers or networks. All evidence will be turned over to the FBI or other law enforcement agencies.

Reselling space within a Client's Service is prohibited. Forwarding multiple domains into a single website via remote DNS or other services without the express permission of EVC is prohibited.


Commerce on the Web

Through Client's uses of the EVC Services, Client may have opportunities to sell merchandise or services to other Clients, subscribers and users of EVC Services and users of other communications outlets such as the Internet. Client acknowledge that all transactions relating to merchandise or services offered by Client through EVC Services, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to be solely between Client and third party purchasers.

Client specifically indemnifies EVC for loss of data caused by hacking or any other manner causing loss of Client's data.

EVC and its affiliates make no warranties or representations whatsoever with respect to Client's goods and services, or with respect to the qualifications of any third party purchaser.

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