ACCEPTABLE
USE POLICY, TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS OF SERVICE PROVISION
CAREFULLY, BEFORE USING OUR SERVICES.
Your use of the Publisher’s service(s) signifies
your acceptance of the Publisher’s terms and conditions
of service provision. If you do not wish to be bound
by the Publisher’s terms and conditions of service
provision, you may not use the service(s) offered and
you should leave this web site immediately. It is your
responsibility to review these terms from time to time
so you will be apprised of any change.
In order to use certain services of the Publisher you
agree to:
a) provide true, accurate, current and complete information
about yourself or your company as prompted by the applicable
registration form(s) and
b) maintain and promptly update the
information. If you provide any information that is
untrue, inaccurate, not current or incomplete or information
the Publisher has reasonable grounds to suspect to be
untrue, inaccurate, not current or incomplete, the Publisher
reserves the right to refuse any and all current or
future use of the services (or any portion thereof)by
you.
RULES FOR, AND LIMITATIONS
ON, USE OF PUBLISHER’S SERVICES
This represents the Publisher’s Acceptable Use
Policy in it’s entirety and supersedes any other
written or oral policy. This policy defines the terms
and conditions all customers agree to when they sign-up
for services offered for sale by the Publisher. The
publisher reserves the exclusive right to revise, change
or amend any portion of this policy, at any time, without
advance notice to any party.
Customers using any service(s) offered by the Publisher
shall be bound by and, must comply with, all policies
in this agreement. Clients or customers violating the
Publisher’s Terms and Conditions of Service Provision
may, at the sole discretion of the Publisher, have their
services cancelled without refund and/or face prosecution
for such violation(s).
INTERPRETATION
The provisions of this Policy are intended as guidelines
and not meant to be exhaustive. In general, any conduct
that violates any laws, regulations, or any of the accepted
norms of the Internet community, whether or not expressly
mentioned in this Policy, is prohibited. The Publisher
reserves the exclusive right at any and all times to
prohibit activities that the Publisher deems as damaging
to it’s commercial reputation and goodwill.
NETWORK SECURITY
Activities strictly prohibited:
· Tampering with other accounts, or committing
unauthorized intrusions into any part of the Publisher’s
or related systems, or use of any servers, files, accounts,
or networks to intrude without authorization into any
other system or systems is strictly prohibited.
· Using accounts not provided or intended for
use by Customer, or circumventing security provisions
in order to access services without incurring charges.
· Using the system in a manner that unfairly
encumbers disk space, processors or other system resources
beyond those provided as part of the service or services
purchased.
· Making deliberate attempts to interfere with
a service, overload a service or attempt to disable
a host.
GENERAL
All customers agree to abide by the following general
provisions:
1. All web-marketing services provided
to the Customer by the Publisher may only be used for
lawful purposes. Transmission, distribution or storage
of any material in violation of any applicable law or
regulation is prohibited. This includes, without limitation,
material protected by copyright, trademark, trade secret
or other intellectual property right used without proper
authorization, and material that is obscene, defamatory,
constitutes an illegal threat, or violates export control
laws. 2. The Publisher reserves the
right, at it’s sole discretion, to deactivate
the Customer's account(s) upon an indication of credit
problems, including delinquent payments, and if portions
of this agreement are, at the discretion of the Publisher
being violated in any way.
3. All services provided by the Publisher
are provided on an "as is" basis. The Publisher
gives absolutely no warranty, expressed or implied,
for any service(s) provided, including, without limitation,
warranty of merchantability and warranty of fitness
for a particular purpose beyond those expressed for
certain services. The Publisher expressly excludes any
reimbursement for losses of income due to disruption
of service by the Publisher or its providers that exceed
the fees paid by the Customer.
4. Customer acknowledges that the Publisher
is not responsible for any damages arising from the
Customer's use of any service(s) provided by the Publisher
or Customer's inability to use any service(s) for any
reason whatsoever.
5. Customer is solely responsible for
backing up their content and or any files that reside
on Publisher’s managed and/or owned servers. The
Publisher is not responsible in anyway for the content
a customer hosts on the Publisher’s servers, or
for the reliability of the transmission of data across
or through the Publisher’s network.
6. Customer hereby agrees that any
material submitted for publication on the Publisher’s
managed and/or owned servers will not contain anything
leading to an abusive or unethical use of the hosting
service. Abusive and unethical materials include, but
are not limited to, pornography, obscenity, nudity,
violations of privacy, computer viruses, and any defamatory,
harassing and harmful materials or uses. Customer hereby
agrees to indemnify and hold harmless the Publisher,
it’s directors, officers and employees from any
claim resulting from your publication of materials or
your use of those materials. The Publisher at it’s
sole discretion, may or may not give notice before deactivating
the use of any account(s) that are determined to violate
this agreement in anyway.
7. Due to the public nature of the
Internet, all information should be considered generally
accessible to the public and important or private information
should be treated carefully. The Publisher is not liable
for protection or privacy of electronic mail or other
information transferred through the Internet or any
other network the Publisher or its customers may utilize.
8. The Publisher maintains exclusive
control and ownership of any and all I.P. Numbers and
addresses that may be assigned to Customer and reserves,
in its sole discretion, the right to change or remove
any and all I.P. numbers and addresses.
9. Use of any information obtained
via the Publisher is at user’s risk. The Publisher
specifically denies any responsibility for the accuracy
or quality of information obtained through its services.
10. Use of other organizations' networks or computing
resources is subject to their respective permission
and usage policies.
11. If EDEN PRODUCTION cancels Customer's
account for any reason, Customer agrees not to re-register
without the Publisher’s written consent. In the
event Customer re-registers without Publisher’s
prior written consent, the Publisher will cancel Customer's
account and, all dues and fees paid to date will be
forfeit regardless of whether service has been rendered.
Additionally, any amounts owed in arrears shall be due
and payable immediately.
12. The Publisher requires that Customer
be qualified to enter into a legal contract. The Publisher
cannot accept payments from persons who are not at least
eighteen (18) years of age. Customer will be held responsible
for keeping all billing data for Publisher accurate
and up to date. False data supplied for the contract
between Publisher and Customer shall be legal reason
for account termination. Further, use of service(s)
provided by Publisher shall constitute proof that Customer
is of legal age to enter into legal contract(s).
13. The Customer agrees to defend,
hold harmless, and expeditiously indemnify EDEN PRODUCTION
from any and all liability, claim, loss, damage or expense
arising out of Customer's breach or violation of any
covenant contained in this Policy, or resulting from
the Customer's use of service(s) provided by the Publisher.
14. Customer agrees to waive and hold
Publisher harmless from any claims relating to any action
taken by the Publisher as part of an investigation into
a suspected violation of this Policy or as a result
of its conclusion that a violation of this Policy has
occurred. Therefore, Customer cannot sue or recover
any damages whatsoever from Publisher as a result of
the decision to remove material from its server, or
to suspend or terminate a Customer's account.
15. The web server is physically located
in the province of Ontario, and the Customer may only
access the server by means of the Internet, an interstate
common carrier of information.
16. EDEN PRODUCTION reserves the right
to reduce or remove CPU or any other resource intensive
process, including but not limited to bandwidth, disk
usage, etc.
17. The Publisher has a strong corporate
policy to respect and protect the privacy of it’s
customers and their information that is stored on the
Publisher’s Hosting Services. The Publisher will
only access and disclose information as necessary to
comply with applicable laws and government requests,
to provide the Publisher Services, to operate or maintain
it’s systems or to protect Publisher or its customers.
POLICY ENFORCEMENT
When The Publisher becomes aware of any alleged violation
of this agreement, Publisher will immediately initiate
an investigation. The Publisher may at its own discretion
anytime during an investigation, restrict a Customer's
access in order to prevent any further possible unauthorized
activity. Depending on the severity of the violation,
the Publisher may, at its sole discretion, restrict,
suspend, or terminate a Customer's account and/or pursue
other legal remedies. If such violation is a criminal
offence, the Publisher will promptly notify the appropriate
law enforcement department of such violation.
Notwithstanding the above the Publisher reserves the
sole and exclusive right to terminate any service to
any customer at anytime. Any fees that have been paid
in advance of cancellation will be pro-rated and paid
to customer provided the Publisher initiates such cancellation
without cause. If cancellation of service is a result
of a violation of this agreement that causes the Publisher
to incur any additional costs (i.e. network traffic,
unlimited disk space, licensing charges, etc…),
customer acknowledges their responsibility to reimburse
the Publisher for fees paid in advance and/or future
billing.
The Information We Collect
The Publisher may collect personally identifiable information
from service users in a variety of ways, including the
use of online forms for ordering products and services,
and other instances where Users are invited to volunteer
such information. The Publisher may also collect information
about how Users use our web site, for example, by tracking
the number of unique views received by the pages of
the web site or the domains from which Users originate.
We may use "cookies" to track how Users use
our Web site. A cookie is a piece of software that a
Web server can store on the Users' PC and use to identify
the User should they visit the Web site again. While
not all of the information that we collect from Users
is personally identifiable, it may be associated with
personally identifiable information that Users provide
us through our Web site.
How We Use Information
The Publisher may use personally identifiable information
collected through our web site to contact Users regarding
products and services offered by the Publisher and its
trusted affiliates, independent contractors and business
partners, and otherwise to enhance Users' experience
with the Publisher and such affiliates, independent
contractors and business partners. The Publisher may
also use information collected through our web site
for research regarding the effectiveness of the web
site and the marketing, advertising and sales efforts
of the Publisher, its trusted affiliates, independent
contractors and business partners.
Disclosure of Information
The Publisher may disclose information collected from
Users to trusted affiliates, independent contractors
and business partners who will use the information for
the purposes outlined above. We may also disclose aggregate,
anonymous data based on information collected from Users
to investors and potential partners. Finally, we may
transfer information collected from Users in connection
with a sale of the Publisher’s business.
Anti-Spam Policy
Eden Production specifically does not authorize the
use of its proprietary computers, servers, routers and
computer network (the "Eden Production Network")
to accept, transmit or distribute unsolicited bulk e-mail
sent from the Internet to Eden Production subscribers
(or to others). It is also a violation of Eden Production
policy, and the law, to send or cause to be sent to,
or through, the Eden Production Network email that makes
use of or contains invalid or forged headers, invalid
or non-existent domain names or other means of deceptive
addressing. Eden Production considers such email to
be unlawful and a violation of our policy, and any attempt
to send or cause such email to be sent to, or through,
the Eden Production Network is unauthorized. Moreover,
any email relayed from a third party's mail servers
without the permission of that third party, or any email
that hides or obscures, or attempts to hide or obscure,
the source of an email also constitutes an unauthorized
use of the Eden Production Network. Email sent or caused
to be sent to the Eden Production Network that violates
your agreement with Eden Production is also unauthorized.
Nor does Eden Production authorize the harvesting or
collection of screen names from the Eden Production
Online service for the purpose of sending unsolicited
email. Any such action also constitutes violation of
Eden Production policy.
Limitations on Sending
E-mail
• You may send a single e-mail message to a maximum
of 50 recipients in one mailing, not to exceed 100 recipients
within a 10 hour period. All single e-mails sent to
over 50 addressees will not be delivered. No notice
will be given to you in this case.
• If you send e-mails to more than 100 recipients
within a 10 hour period, your ability to send ANY e-mail
messages and your website will be suspended for 72 hours.
You will receive a Notice regarding this action.
Eden Production reserves the right to take all legal
and technical steps available to prevent unsolicited
bulk email or other unauthorized email from entering,
utilizing or remaining within the Eden Production Network.
Such action may include, without limitation, the use
of filters or other network devices, immediate termination
of Eden Production service, and prosecution of offenders
through criminal or civil proceedings. Nothing in this
policy shall be construed to grant any right to transmit
or send email to, or through, the Eden Production Network,
and in no event shall any failure by Eden Production
to enforce this policy constitute a waiver of Eden Production's
rights.
REFUND POLICY
The Publisher’s services are based on a fee paid
via the Customer's credit card. Publisher does not issue
credits or refunds in the event of a change in services
requested or cancellations. The cost to track and issue
credits or refunds would be relatively high and the
benefit would be relatively low considering the nominal
monthly fees. However, for ongoing services customer,
the Publisher, will refund the unused portion of the
service upon receipt of written notice requesting cancellation
at least 30 days prior to the date of requested service
cancellation. Such written notice of cancellation should
be forwarded to Support@edenproduction.com <mailto:Support@edenproduction.com>
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