This service is provided to authorized persons or organizations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these terms and policies. If you do not agree to be bound by these terms and policies, you must cancel your account immediately and may not thereafter use or attempt to use this Service.

Accentix grants you a non-exclusive right to use the Service to host any material that is considered property of you or your organization. You may not assign, sub-license or transfer any rights or obligations of the Service without the express written consent of Accentix

If violations of this Acceptable Use Policy occur, Accentix reserves the right to terminate services with or take action to stop the offending customer or user from violating this policy as Accentix deems appropriate, WITHOUT NOTICE.

2. Coverage. If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be imputed to you.

3. Prohibited Uses of Accentix Systems and Services:

A. 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.

B. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Accentix's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Accentix's servers, is prohibited. Accentix accounts or services may not be used to solicit customers from, or collect replies to; messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

C. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Accentix customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Accentix-hosted domain, or referencing any Accentix account, is prohibited.

D. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

E. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.

F. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

G. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

H. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Accentix customers or end-users by any means or device.

I. Knowingly engaging in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Accentix network or on another provider's network.

J. Using Accentix's Services to interfere with the use of the Accentix network by other customers or authorized users.

4. Intellectual Property. Accentix does not undertake to examine or review messages, files, or other materials that are accessible through, pass through, or reside on the Service. If Accentix is informed of an alleged copyright or trademark infringement on the Service, Accentix will attempt to notify the affected person(s) of those allegations and secure a response. Accentix may, at its sole discretion, remove on a temporary or permanent basis materials that Accentix believes may create, constitute, or contribute to copyright or trademark infringements. You agree not to assert any claims against Accentix for any such removal.

5. Liability. You agree that use of the Service is at your own risk. Neither Accentix nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Accentix neither endorses nor is responsible for the accuracy of such material, and you agree that Accentix is not responsible for any loss or damage caused by your use of, or reliance on, such material.

You understand and agree that you have sole responsibility for your posting of any material to any service provided by Accentix You agree to indemnify and hold harmless Accentix and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.

You agree to be liable for any damages or loss of service that results in damages to Accentix as a result of any spamming or other violations of described herein. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Accentix may pursue any such claims against you in Court in Clinton County, Ohio.

6. Warranty. ACCENTIX MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY ACCENTIX OR ITS EMPLOYEES SHALL CREATE A WARRANTY.

THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY ACCENTIX ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; ACCENTIX DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. ACCENTIX DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF YOUR DATA STORED ON THE SERVICE.

7. Content. You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Accentix has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material persons may find objectionable.

8. Privacy. Accentix commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. Accentix will not provide names, addresses, telephone numbers, e-mail addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or under an appropriate court or administrative directive. Accentix may access and use individual Subscriber information in the operation of the Service and as necessary to protect the Service.

9. Disputes. Subscriber agrees that any dispute arising out of use of the Service provided by Accentix which cannot be resolved first between Accentix and subscriber will be submitted by the aggrieved party for binding arbitration under the auspices of the American Arbitration Association. Any demand for arbitration under this Section must be filed with the American Arbitration Association’s offices. Subscriber agrees arbitration must be held in Clinton County, Ohio and Ohio law is the choice of law as controlling authority. Subscriber also agrees the arbitrator must be a person with experience in online services and law.

10. Changes. Accentix WITHOUT NOTICE may change at any time and for any reason these terms of service and acceptable use policies. If you do not wish to continue subscribing to the Service under any revised terms and policies, inform the company http://www.accentix.com/contact at once, and your account will be closed.