Legal Statement
Acceptable Use Policy of WWW.ASTROPAK.COM and all related sites owned, operated or controlled by Astro Pak, Inc. ("Astro Pak website")
Acceptance of Terms Through Use
This site provides you the ability to learn about ASTRO PAKTM and its products and services as well as the ability to access our network and services ("ASTRO PAK Services"). By using this site, and any other site owned and operated by ASTRO PAK, you signify your agreement to the terms, conditions and notices of this policy. "You" when used in this statement shall mean the ASTRO PAK Customer of record and ASTRO PAK Customer end users.
This Acceptable Use Policy is used in conjunction with the terms of your service agreement. Violating any of these policies grants ASTRO PAK the authority to take action to restrict or terminate your access to ASTRO PAK Services. We reserve the right, at our discretion, to update or revise this policy, any other policy or statement on any ASTRO PAK website, and any product offerings or programs described on any ASTRO PAK website. Please check back periodically to review any changes to this policy.
ASTRO PAK disclaims, to the maximum extent permitted by law, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, this service, the systems which provide it and the Internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights. ASTRO PAK does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed. In no event shall ASTRO PAK (or any persons or entities related thereto) be liable for any special, indirect, or consequential damages associated with or arising from use of this service in any way, including any loss of use, data or profits, regardless of the form of action. Any failure by ASTRO PAK to enforce this policy in every instance in which it might have application does not amount to a waiver of ASTRO PAK's rights
Lawful Use
You must use this site and the ASTRO PAK Services in accordance with the terms of this policy and your ASTRO PAK Service Agreement, and in accordance with all federal, state and local laws, ordinances, and regulations.
User Conduct, Prohibited or Unlawful Use
In order to maintain an informative and valuable service that meets the needs of the users of this site and ASTRO PAK Services, the following rules have been established to protect against abuse.Use of this site or ASTRO PAK Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site, the ASTRO PAK Network or ASTRO PAK Services or any other party's use or enjoyment of this site, the ASTRO PAK Network or ASTRO PAK Services, is strictly prohibited.Specifically, you may not:
- » Attempt to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any ASTRO PAK Services or those of any other party
- » Interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system
- » Forge any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting
- » Falsify address information or otherwise modify e-mail headers to conceal the sender's or the recipient's identity
- » Use this site or ASTRO PAK Services to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider
Additionally, you may not, by use of any ASTRO PAK Service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that, in ASTRO PAK's discretion:
- » Is unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, invasive of another's privacy, tortious, indecent, pornographic or inaccurate
- » Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason
- » Is posted in violation of a newsgroup charter Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer
- » Has a negative effect on ASTRO PAK or its network (including, without limitation, overloading servers on the ASTRO PAK Network; causing portions of the ASTRO PAK Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of ASTRO PAK, impose an unreasonable administrative burden on the Astro Pak; etc).
- » Constitutes unsolicited duplicative e-mail (commercial or otherwise)
- o This prohibition extends to the sending of unsolicited and/or mass e-mailings from any ASTRO PAK account, or via another service which in any way implicates the use of this site or ASTRO PAK Services, ASTRO PAK equipment or any ASTRO PAK e-mail address; (ii) that is relayed from any ASTRO PAK or third party's mail servers without permission; (iii) which employs techniques to hide or obscure the source of the e-mail; (iv) which are sent, or caused to be sent, to or through the ASTRO PAK Network that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing may be deemed to be counterfeit.
- o A communication may be unsolicited if: (1) recipients' email addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from sender, or (3) recipients have opted out of receiving communications from sender when given notice of the opportunity to do so.
ASTRO PAK reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the ASTRO PAK Network
Your participation in online communication or use of any ASTRO PAK service is not edited, censored or otherwise controlled by ASTRO PAK. However, ASTRO PAK reserves the right to monitor content on this site and any ASTRO PAK Services and to remove content, disable sites, or suspend or terminate services if ASTRO PAK, in its discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.
International Use
ASTRO PAK makes no representation that materials available on this site or any or through any ASTRO PAK service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access this site or any site hosted by ASTRO PAK from other locations are responsible for compliance with local law.
Intellectual Property Rights
Copyright: All ASTRO PAK web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of ASTRO PAK © 2000-2003. All rights reserved. If any pages, information or content is copied, it may only be copied for non-commercial uses and ASTRO PAK shall, in any event, retain all copyright and other proprietary interests therein.
User's Grant of Limited License
By posting or submitting content to any ASTRO PAK website, you:
- Grant ASTRO PAK the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose, subject to the ASTRO PAK Privacy Policy, which is incorporated in and made a part of this Policy; and,
- Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by ASTRO PAK will not infringe or violate the rights of any third party.
Internet Relay Chat Rules
You must not use any programs that may or will interfere with another's use of this site or ASTRO PAK Services. You must not run any Internet Relay Chat ("IRC") robot on any IRC server which might interfered with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC's service administrator.
Dial-up Use Rules
When accessing ASTRO PAK Services via dial-up, you must not use ASTRO PAK Services to operate server programs, including but not limited to, mail, IRC, ftp or Web servers. You must not use dial-up access on a standby or inactive basis in order to maintain a connection. The use of automated electronic or mechanical processes to maintain a constant connection, such as the use of an auto-dialer, persistent checking of e-mail or "pinging" the host, are prohibited.
Controlling Law and Termination
This Authorized Use Policy is subject to, and shall be construed and enforced in accordance with the laws of the State of California without regard to its choice of law principles, and any disputes hereunder shall be brought in the United States District Court for the State of California.
Notices
The ASTRO PAK Terms of Service Agreement and Acceptable Use Policy prohibit acts of copyright and trademark infringement and other unlawful behavior by ASTRO PAK subscribers. ASTRO PAK takes subscriber violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary.
General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to abuse@AstroPak.com. ASTRO PAK will reasonably investigate incidents involving such violations. ASTRO PAK may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.
