| (AUP) Acceptable Use Policy Terms And Conditions |
Opening Statement - As a provider of Internet
access, and image hosting, Webtrak Communications (also known as FTPpix.com)
offers its customers (also known as subscribers), the means to disseminate public, private, commercial,
and non-commercial information. Webtrak Communications respects that the Internet provides a forum for
free and open discussion and dissemination of information. However, Webtrak Communications reserves the
right to take any preventative or corrective actions it deems necessary at anytime without notice in
order to protect our interests and or network systems. Webtrak Communications has developed
this Acceptable Use Policy ("AUP"), which explains our terms of use at FTPpix.com. This AUP outlines our
customer's obligations when utilizing Webtrak Communications services. This AUP may be revised from time
to time. Our customers use of services at FTPpix.com after changes to the AUP are posted on the
FTPpix.com website, will constitute our customers acceptance of any new or additional terms of the
AUP that result from those changes.
Webtrak Communications expects its customers to use sound judgment and responsibility when they disseminate
images to the Internet. When customers disseminate information through the Internet, they must keep in mind
that Webtrak Communications does not review, edit, censor, or take responsibility for any information its customer's
may create. When our customers place information on the Internet, they have the same liability as other authors
for copyright infringement, defamation, and other harmful speech. Webtrak Communications reserves the right to
terminate all account services at our discretion to any customer who violates this AUP policy. This includes
but is not limited to the following prohibited activities:
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. Engaging in any activity that violates privacy, publicity, or
other personal rights of others. Webtrak Communications is required by law to remove or block access to customer
content upon receipt of a proper notice of copyright infringement. It is also Webtrak Communications policy to
terminate the privileges of any customer who commits violations of copyright laws.
Obscene Materials - Using Webtrak Communications network to advertise, transmit, store, post, display, or
otherwise make available pornography or obscene material.
Illegal or Unauthorized Access to Webtrak Communications Computers or Networks - Accessing illegally or without
authorization computers, accounts, or networks belonging to Webtrak Communications or any other party through our network.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities - Distributing information
regarding the creation of Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service
attacks. Also, any activities that disrupt the use of or interfere with the ability of others to effectively use the
Webtrak Communications network or any connected network system, service, or equipment.
Facilitating a Violation of this AUP - Advertising, transmitting, or otherwise making available any image, product,
or service that is designed to violate this AUP.
Other Activities - Engaging in activities, whether lawful or unlawful, that Webtrak Communications determines to be
harmful to its subscribers, operations, reputation, goodwill, or customer relations. Including but not limited to, fraudulently
submitting credit card payment information to gain account access.
Disclaimer Of Liability - Because of the variability and complexity of the Internet in no event shall Webtrak Communications
also known as (FTPpix.com) or its related entities be liable to any party for direct, indirect, special, incidental, or consequential
damages, including loss of profits, arising from the use of or the unavailability of this service, or its software at any time. Webtrak
Communications and its related entities specifically disclaim any warranties, including, but not limited to, any implied warranties of
merchantability and fitness for a particular purpose. Any claims of liability will be limited to a refund of unused service fees only.
Closing Statement - Webtrak Communications may disclose information including but not limited to, information concerning a subscriber,
a transmission made using our network, or a receiving web site, in order to comply with a court order, subpoena, summons,
discovery request, warrant, statute, regulation, or governmental request. Webtrak Communications assumes no obligation to
inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving
such notice. Webtrak Communications may disclose subscriber information and images transmitted over its network
if necessary to protect Webtrak Communications and others from harm, or where such disclosure is necessary to maintain the proper
operation of our network systems. Webtrak Communications expects its subscribers to fully comply with all applicable laws concerning
the privacy of on-line communications. A subscriber's failure to comply with those laws, will be a direct violation of Webtrak Communications
AUP policy.
Webtrak Communications wishes to emphasize that by agreeing to this service AUP, all subscribers indemnify Webtrak
Communications for any violation of this AUP service agreement, State, or Federal laws committed by the subcriber that results in a loss to
Webtrak Communications or the filing of any claim against Webtrak Communications by any third-party. This means that if
legal action is filed against Webtrak Communications because of a subscriber's direct activity that violates any laws, that subscriber
agrees to be held liable and make complete restitution of any and all damages awarded against Webtrak Communications, plus costs and reasonable
attorneys fees as outlined by the governing state. This AUP was created to insure our customers (subscribers) are aware of their obligations
as members of this service and the Internet information community. All new members will be asked to acknowledge and agree to the terms outlined
in this AUP before being granted access to this service.
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