Background
From time to time
ChiTownAds.com, Inc., may impose reasonable rules and regulations regarding
the use of its services. Such rules and regulations are called Acceptable
Use Policies (AUPs) and are posted on the Internet at http://www.ChiTownAds.com.com/legal/
The AUPs are not exhaustive and ChiTownAds.com, Inc., reserves the right to modify
the AUPs at any time, effective upon either the posting of the modified AUPs
to www.ChiTownAds.com.com/legal/ or notification of the modified AUPs. By registering
for and using the services, and thereby accepting our terms and conditions of
or its equivalent, you agree to abide by the AUPs
as modified from time to time. Any violation of the AUPs may result in the suspension
or termination of your account or such other action as ChiTownAds.com, Inc., deems appropriate.
An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible,
or disruptive use of the Internet. No credits will be issued for any interruption
in service resulting from policy violations.
VIOLATION
OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION
OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM ChiTownAds.com. YOU SHALL REMAIN SOLELY
LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT
THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES.
"CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL
HOME PAGES, AND DOMAIN NAMES. IT IS ChiTownAds.com'S POLICY TO TERMINATE REPEAT INFRINGERS.
ChiTownAds.com RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
Customer
Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers
under customer control. If a customer's server is involved in an attack on another
server or system, it will be shut down and an immediate investigation will be
launched to determine the cause/source of the attack. In such event, the customer
is responsible for the cost to rectify any damage done to the customer's server
and any other requirement affected by the security breach. The labor used to
rectify any such damage is categorized as emergency security breach recovery
and is currently charged at $250 USD per hour. Enquiries regarding security
matters may be directed to security@ChiTownAds.com.com.
Compromised Servers
A compromised server is one that has been accessed or manipulated by any third
party not authorized by the customer. As a compromised server is potentially
disruptive to the ChiTownAds.com, Inc., network and to other ChiTownAds.com, Inc.'s customers, ChiTownAds.com, Inc.,
can not allow a compromised server to remain online for extended periods of
time. Therefore, once ChiTownAds.com, Inc., has determined that a customer's server has
been compromised and ChiTownAds.com, Inc., has generated a support ticket to notify the
customer of the compromised server, the customer will have 24 hours from the
time ChiTownAds.com generates the support ticket to agree to one of the options offered
by the ChiTownAds.com, Inc., support team. If there has been no response at the end of
the 24 hour period or if the customer responds but does not agree to one of
the options offered by the ChiTownAds.com, Inc., support team in the support ticket, the
compromised server will be taken offline and all access to and use of such compromised
server will be suspended. Customers will then have 5 days after the date of
suspension of the compromised server to contact ChiTownAds.com, Inc., to resolve the issue.
If the issue is not resolved to the satisfaction of ChiTownAds.com after 5 days,
the compromised server will be cancelled and removed permanently from our
network.
However, the 24 hour grace period does not apply to any compromised server that
is actively attacking other networks or other ChiTownAds.com, Inc., customers. In these
cases, ChiTownAds.com, Inc., will act to protect the integrity of its network and will suspend
or permanently terminate access to and use of such compromised server immediately
without prior notice to customer.
System And Network Security
Violations of system or network security are prohibited,
and may result in criminal and civil liability. ChiTownAds.com, Inc.,
may investigate incidents involving such violations and
may involve and will cooperate with law enforcement if a
criminal violation is suspected. Examples of system or network
security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks,
including any attempt to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without express authorization of the owner
of the system or network.
- Unauthorized
monitoring of data or traffic on any network or system
without express authorization of the owner of the system
or network.
- Interference
with service to any user, host or network including,
without limitation, mailbombing, flooding, deliberate
attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP
packet header or any part of the header information in an e-mail or a newsgroup
posting.
Violators of the policy
are responsible, without limitations, for the cost of labor to clean up and
correct any damage done to the operation of the network and business operations
supported by the network, and to respond to complaints incurred by ChiTownAds.com.
Such labor is categorized as emergency security breach recovery and is currently
charged at $250 USD per hour required.
Enquiries regarding security matters may be directed to security@ChiTownAds.com.
ChiTownAds.com, Inc., is concerned with the privacy of online communications and web sites.
In general, the Internet is neither more nor less secure than other means of
communication, including mail, facsimile, and voice telephone service, all of
which can be intercepted and otherwise compromised. As a matter of prudence,
however, ChiTownAds.com, Inc., urges its customers to assume that all of their online communications
are insecure. ChiTownAds.com, Inc., cannot take responsibility for the security of information
transmitted over ChiTownAds.com, Inc.'s, facilities.
Password Protection
The customer is responsible for protecting customer's
password and for any authorized or unauthorized use made
of customer's password. The customer will not use or permit
anyone to use ChiTownAds.com, Inc.'s service to guess passwords or
to access other systems or networks without authorization.
ChiTownAds.com, Inc., will fully cooperate with law enforcement authorities
in the detection and prosecution of illegal activity.
Internet Etiquette
The customer is expected to be familiar with and to practice good Internet etiquette
(Netiquette). The customer will comply with the rules appropriate to any network
to which ChiTownAds.com, Inc., may provide access. The customer should not post, transmit,
or permit Internet access to information the customer desires to keep confidential.
The customer is not permitted to post any material that is illegal, libelous,
tortuous, indecently depicts children or is likely to result in retaliation
against ChiTownAds.com, Inc., by offended users. ChiTownAds.com, Inc., reserves the right to refuse
or terminate service at any time for violation of this section. This includes
advertising services or sites via IRC or USENET in clear violation of the policies
of the IRC channel or USENET group.
Copyright Infringement - Software
Piracy Policy
The ChiTownAds.com network may only be used for lawful purposes.
Transmission, distribution, or storage of any information,
data or material in violation of United States or state
regulation or law, or by the common law, is prohibited.
This includes, but is not limited to, material protected
by copyright, trademark, trade secret, or other intellectual
property rights.
Making
unauthorized copies of software is a violation of the law,
no matter how many copies you are making. If you copy, distribute
or install the software in ways that the license does not
allow, you are violating federal copyright law. If caught
with pirated software, you or your company may be liable
under both civil and criminal law, and you may be fined
up to $250,000 and/or receive up to 5 years in jail.
In compliance with the
Digital Millenium Copyright Act (the "DMCA"), please send DMCA notifications
of claimed copyright infringements to: Sally Jo Rudnick, ChiTownAds.com, Inc., 951 Dunham Lane, Buffalo Grove, IL 60089. Or by email to sallyjo@chitownads.com.
ChiTownAds.com, Inc.,
will cooperate fully with any civil and/or criminal litigation
arising from the violation of this policy.
Network Responsibility
Customers have a responsibility to use the ChiTownAds.com network responsibly. Customers are expressly prohibited from using the
ChiTownAds.com, Inc., network or services in such a way that adversely affects other ChiTownAds.com, Inc., customers or the ChiTownAds.com, Inc., network, and
ChiTownAds.com, Inc., reserves the right to suspend, block individual services, or cancel service with any customer who ChiTownAds.com, Inc., determines in
its sole discretion is in violation of such express prohibition. These prohibited uses include but are not limited to:
- Attacking or attempting to gain unauthorized access to servers and services that belong to ChiTownAds.com, Inc.,, its customers, or to any
other entity on the Internet (i.e. computer hacking).
- Engaging in any behavior or activity or taking any actions that directly or indirectly result in any server under customer's
control being the target of a Denial of Service (DoS) attack.
- Directly or indirectly using the ChiTownAds.com network, services or servers to launch DoS attacks.
- Participating in any other activity or behavior that results in reprisals that adversely affect the ChiTownAds.com, Inc., network or other
customers' access to the ChiTownAds.com, Inc., network.
Customers that ChiTownAds.com, Inc., determines in its sole discretion to be in violation of the ChiTownAds.com, Inc., AUP, including, without limitation,
the prohibitions set forth above, may be terminated and subject to additional fees or fines including, without limitation, any
applicable reconnect fees. In addition, ChiTownAds.com, Inc., reserves the right to take such other actions that ChiTownAds.com, Inc., determines to be
necessary to protect the ChiTownAds.com, Inc., network and/or other ChiTownAds.com, Inc., customers as a result of any violation of the ChiTownAds.com, Inc., AUP,
including, without limitation, the prohibitions set forth above.
ChiTownAds.com, Inc., will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization.
Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password
robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a ChiTownAds.com, Inc., customer, whether or
not the attacked account or computer belongs to ChiTownAds.com, Inc., will result in severe action taken against the attacker. Possible actions
include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Any attempt to undermine or cause harm to a server or customer of ChiTownAds.com, Inc., is strictly prohibited.
Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at
http://www.fbi.gov/programs/ipcis/ipcis.htm. ChiTownAds.com, Inc., will cooperate fully with any civil and/or criminal litigation arising from
the violation of this policy.
Lawful Purpose
All services may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material
in violation of any applicable law, regulation, or AUP is
prohibited. This includes, but is not limited to: copyrighted
material or material protected by trade secret and other
statute or dissemination of harmful or fradulent content.
Using
any ChiTownAds.com, Inc., service or product for the purpose of participating
in any activity dealing with subject matters that are prohibited
under applicable law is prohibited.
Any
conduct that constitutes harassment, fraud, stalking, abuse,
or a violation of federal export restriction in connection
with use of ChiTownAds.com, Inc., services or products is prohibited.
Using the ChiTownAds.com, Inc., network to solicit the performance of
any illegal activity is also prohibited, even if the activity
itself is not performed. In addition, knowingly receiving
or downloading a file that cannot be legally distributed,
even without the act of distribution, is prohibited.
Servers
hosted within ChiTownAds.com network are open to the public.
You are solely responsible for your usage of the ChiTownAds.com, Inc.,
network and servers and any statement you make on servers
hosted within the ChiTownAds.com, Inc., network may be deemed "publication" of the information entered. Acknowledging the foregoing,
you specifically agree not to use our service in any manner
that is illegal or libelous.
Child Pornography on the Internet
ChiTownAds.com will cooperate fully with any criminal investigation
into a Customer's violation of the Child Protection Act
of 1984 concerning child pornography. Customers are ultimately
responsible for the actions of their clients over the ChiTownAds.com, Inc.,
network, and will be liable for illegal material posted
by their clients.
According
to the Child Protection Act, child pornography includes
photographs, films, video or any other type of visual presentation
that shows a person who is or is depicted as being under
the age of eighteen years and is engaged in or is depicted
as engaged in explicit sexual activity, or the dominant
characteristic of which is the depiction, for a sexual purpose,
of a sexual organ or the anal region of a person under the
age of eighteen years or any written material or visual
representation that advocates or counsels sexual activity
with a person under the age of eighteen years.
Violations
of the Child Protection Act may be reported to the U.S.
Customs Agency at 1-800-BEALERT
Unsolicited Commercial Email/Unsolicited Bulk Email (UCE/UBE)
Unsolicited commercial email (UCE) is defined by ChiTownAds.com, Inc., as any electronic
communication (e-mail, ICQ, IRC, Instant Messenger, etc…) sent for purposes
of distributing commercial information of any kind, soliciting the purchase
or sale of products or services or soliciting any transfer of funds to a recipient
who has not agreed to receive such communication.
Unsolicited bulk e-mail
(UBE) is defined by ChiTownAds.com, Inc., as any electronic communication (e-mail, ICQ,
IRC, Instant Messenger, etc…) to multiple recipients who have not agreed
to receive such communication.
Use of the ChiTownAds.com, Inc., network,
servers or services to transmit any unsolicited commercial or unsolicited bulk-e-mail
is expressly prohibited, as is hosting web sites or services on a server which
are advertised in any UCE/UBE. ChiTownAds.com, Inc., also prohibits the sending of any fraudulent,
malicious, harassing, false or misleading electronic communications, including,
without limitation, chain letters, pyramid schemes, or e-mails with forged headers.
Posting off-topic advertisements to Usenet discussion groups, ICQ, Instant Messenger,
etc., is also expressly prohibited. Additionally, ChiTownAds.com, Inc., customers are expressly
prohibited from sending any UCE/UBE from our network or any email from another
network that in any way references a document, image, or Web site that resides
on the ChiTownAds.com, Inc., network or in one of our data centers. Violations of this type
may result in the termination of the offending ChiTownAds.com, Inc., account. Our customers
are ultimately responsible for any violations of the AUP by their clients, and
any violation of the AUP by a client of a ChiTownAds.com, Inc., customer shall be deemed
a violation of the AUP by such ChiTownAds.com, Inc., customer.
Customers whose actions
directly or indirectly result in ChiTownAds.com, Inc., IP space being listed in any of the
various abuse databases may be subject to having the offending domain(s), server(s),
or user(s) immediately removed from our network. In addition, if ChiTownAds.com, Inc., in
its sole discretion determines that a customer is in violation of our AUP, ChiTownAds.com, Inc.,
may, at its sole discretion, restrict, suspend or terminate a customer's account.
ChiTownAds.com, Inc., will, in most cases, attempt to contact a customer prior to suspension
or termination of a server(s), but can not guarantee prior notification. Any
server suspended or terminated for AUP violations will be reconnected only after
the customer agrees to cease all activities that violate the ChiTownAds.com, Inc., AUP and
pays all applicable reconnect fees and related charges. Any account suspended
a second time for AUP violations WILL be immediately and permanently removed
from our network.
Customers that ChiTownAds.com, Inc.,
determines in its sole discretion to be in violation of the ChiTownAds.com, Inc., AUP may
be subject to additional fees or fines including, without limitation, any applicable
reconnect fees.
Violation of ChiTownAds.com, Inc.'s
UCE/UBE policy may be reported to abuse@ChiTownAds.com.
While ChiTownAds.com, Inc., prohibits the use of its systems or network to send unsolicited
email (UCE/UBE) as described above, customers may send permission-based email
marketing, subject to the guidelines provided herein. Permission-based marketing
is defined as electronic marketing that an end user agrees to receive. This
is often referred to as 'opt-in' electronic marketing. All recipient information
for such marketing conducted by ChiTownAds.com, Inc., customers must be documented and cataloged
by the customer. This information is to include date, time, originating IP and
the location from which the email address or other recipient information was
obtained. Additionally, a customer must at a minimum comply with the following
guidelines, and any additional guidelines established by ChiTownAds.com, Inc., from time
to time in its sole discretion, to engage in permission-based email marketing
without violating the AUP.
1. All commercial or bulk
email originating from a ChiTownAds.com, Inc., customer on the ChiTownAds.com network must have
a working unsubscribe link. The customer must honor all requests to unsubscribe
within 72 hours. Additionally, there must be text in the email stating that
while all requests to unsubscribe are honored, it may take up to 72 hours to
process.
2. All commercial or bulk
email originating from a ChiTownAds.com, Inc., customer on the ChiTownAds.com, Inc., network must clearly
list the email address to which the email was originally sent (the intended
recipient's email address) in the body of the message OR in the 'TO:' line of
the email.
3. All ChiTownAds.com, Inc., customers
sending commercial or bulk email must have a working abuse@domain.com address
from EVERY domain associated with the email campaign. Additionally, the abuse@
address must be prominently posted on the front page of the associated web site.
Customers must regularly answer any messages sent to the abuse@ address.
4. All ChiTownAds.com, Inc., customers
sending commercial or bulk email must register the abuse@ address for every
domain associated with commercial email they send at abuse.net.
5. All ChiTownAds.com, Inc.'s customers
sending commercial or bulk email must have a Privacy Policy/AUP posted for each
domain associated with the email campaign.
6. All commercial or bulk
email sent must include information about where the email address was obtained
in the body of the email. For example:
"You opted-in to receive this email promotion from our web site or from
one of our partner sites.
7. All ChiTownAds.com, Inc.'s customers
sending commercial or bulk email must answer all complainants' requests for
details regarding where the complainant "opted-in" to receive electronic
marketing within 72 hours. This information must include the date, time, originating
IP and the location from which the email address or other recipient information
was obtained. Instructions on how to get this information must be stated clearly
in the body of the email. For example, a statement similar to the following
must be present in the body of the email:
If you would like to learn more about how we received your email address,
please contact us at abuse@domain.com.
Requests for "opt-in" information must be responded to within 72 hours.
8. All ChiTownAds.com, Inc.'s customers
sending commercial or bulk email must be able to track and identify anonymous
complainants. There are several software packages (such as RoboMail) that can
help accomplish this.
9. If a ChiTownAds.com, Inc.'s customer
is using an affiliate program to send commercial or bulk email through the ChiTownAds.com, Inc.'s
network and the affiliate program becomes subject to repeated abuse by users,
the customer must discontinue use of the affiliate program or be subject to
immediate suspension or cancellation.
10. All customers of ChiTownAds.com, Inc.,
are required to have up-to-date and valid contact information on file with their
registrar for any domain hosted on the ChiTownAds.com, Inc., network.
ChiTownAds.com, Inc., reserves
the right to test portions of any customer's email list in response to complaints
and request opt-in information from a random sample of that list at any time.
ChiTownAds.com, Inc., reserves the right to determine in its sole discretion the
validity of any customer's email list. Any list ChiTownAds.com, Inc., determines in its
sole discretion to be in violation of this AUP must be removed immediately or
the customer will be subject to immediate suspension or termination. Repeated
violations will result in permanent suspension.
ChiTownAds.com, Inc., reserves the right to test and otherwise monitor customer's
compliance with the above guidelines and requirements at any time during the
customer's term of service at ChiTownAds.com, Inc.
If ChiTownAds.com determines in its sole discretion that the customer is
not in strict compliance with the guidelines for permission-based e-mail marketing,
then ChiTownAds.com, Inc., may immediately suspend or terminate the customer's service.
If ChiTownAds.com, Inc., in its sole discretion determines that a customer has become the source or target of any violation concerning the ChiTownAds.com, Inc., Acceptable
Use Policy (AUP), ChiTownAds.com, Inc., reserves the right to suspend network access to
that account. While ChiTownAds.com, Inc., will attempt to contact the customer before suspending
network access to the customer's account, prior notification to the customer
is not assured. In certain cases, ChiTownAds.com, Inc., will contact law enforcement and
other agencies regarding these activities. Customers are responsible for all
charges, as well as any fees relating to the investigation, suspension, administration
and handling of their accounts before, during and after the suspension period.
ChiTownAds.com, Inc., reserves the right to cancel service at any time. If inappropriate
activity is detected, all accounts of the customer in question will be deactivated
until an investigation is complete. Prior notification to the Customer is not
assured. In extreme cases, law enforcement will be contacted regarding the activity.
ChiTownAds.com, Inc., wishes to emphasize that customer indemnifies ChiTownAds.com, Inc., for any violation of the Terms & conditions or its equivalent, law or AUP that results in loss to ChiTownAds.com, Inc., or the bringing of any claim against ChiTownAds.com, Inc., by any third-party. This means that if ChiTownAds.com, Inc., is sued because of a customer's or a customer of a customer's
activity, the customer will pay any damages awarded against ChiTownAds.com, Inc., plus
costs and reasonable attorney's fees.
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