Terms of Services
Revision date: April 17th, 2009
All services provided by New Yorkers Gift ("New Yorkers Gift") may
be used for lawful purposes only. Transmission, storage or presentation
of any information, data or material in violation of any United States
federal, state or city law is prohibited. This includes, but is not limited
to: copyrighted material, material we judge to be threatening or obscene,
or material protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless New Yorkers Gift from any claims resulting
from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content
that may be damaging to New Yorkers Gift' servers, or any other server on
the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL
MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER
ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE,
AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, New Yorkers Gift
WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of New Yorkers Gift
is strictly prohibited. As our customer you are responsible for all your
accounts. Should you violate the Terms of Services outlined within, your
account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
All sub-networks, distributive hosting sites and dedicated servers of
New Yorkers Gift must adhere to the above policies, with the exception of
system resources in respect to dedicated servers.
Limitation of Liability
New Yorkers Gift shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from New Yorkers Gift.
All damages shall be limited to the immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be referred to crisss1205@gmail.com.
All complaints will be investigated promptly. Failure to follow any term
or condition will be grounds for immediate account deactivation.
Disclaimer
New Yorkers Gift cannot be held liable for system down time, crashes or
data loss. Failure to comply with any terms or conditions will result
in the automatic deactivation of the account in question. We reserve the
right to remove any account, without advance notice for any reason without
restitution, as New Yorkers Gift
sees fit.
Privacy
Revision date: April 17th, 2009
New Yorkers Gift has created this privacy statement in order to demonstrate
our firm commitment to privacy. The following discloses the information
gathering and dissemination practices for this Web site.
Contacting the Web Site
If you have any questions about this privacy statement, the practices
of this application, or your dealings with this application, you can contact: crisss1205@gmail.com
Acceptable Use Policy
Revision date: April 17th, 2009
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet.
It is harmful because of its negative impact on consumer attitudes
toward New Yorkers Gift.
Adult-Oriented Content:
New Yorkers Gift does not allow adult content and will suspend/terminate
any offending account.
Large File Policy:
New Yorkers Gift is not for file hosting and distribution - as such,
customers may not host any files larger than 50MB in size that are observed
to be available for the sole purpose of download. Such files include but
are not limited to .ISO, audio/video files, .EXE files. If you are unsure
whether your file is against this policy, please e-mail crisss1205@gmail.com.
Obscene Speech or Materials:
Using New Yorkers Gift' network to advertise, transmit, store, post, display,
or otherwise make available child pornography or obscene speech or material
is prohibited. New Yorkers Gift is required by law to notify law enforcement
agencies when it becomes aware of the presence of child pornography on
or being transmitted through its network.
Defamatory or Abusive Language:
Using New Yorkers Gift' network as a means to transmit or post negative,
defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole
or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or
networks belonging to another party, or attempting to penetrate security
measures of another individual's system (often known as "hacking").
Also, any activity that may be used as a precursor to an attempted system
penetration (i.e., port scan, stealth scan or other information-gathering
activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other
Destructive Activities:
Distributing information regarding the creation of and sending Internet
viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial
of service attacks. Also, activities that disrupt the use of or interfere
with the ability of others to effectively use the network or any connected
network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software,
program, product or service that is designed to violate this AUP, which
includes the facilitation of the means to spam, initiation of pinging,
flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points
outside the United States.
Usenet Groups:
New Yorkers Gift reserves the right not to accept postings from newsgroups
where we have actual knowledge that the content of the newsgroup violates
the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but
not limited to, advertising, transmitting or otherwise making available
ponzi schemes, pyramid schemes, fraudulently charging credit cards and
pirating software.
Other Activities:
Engaging in activities, whether lawful or unlawful, that New Yorkers Gift
determines to be harmful to its subscribers, operations, reputation, goodwill
or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities
just described rests primarily with the subscriber. New Yorkers Gift will
not, as an ordinary practice, monitor the communications of its subscribers
to ensure that the comply with New Yorkers Gift' policy or applicable law.
However, when New Yorkers Gift becomes aware of harmful activities, it may
take any action to stop the harmful activity, including, but not limited
to, removal of information, shutting down a web site, implementing screening
software designed to block offending transmissions, denying access to
the Internet, or any other action deemed appropriate by New Yorkers Gift.
New Yorkers Gift is also aware that many of its subscribers are themselves
providers of Internet services, and that information reaching New Yorkers Gift'
facilities from those subscribers may have originated from a customer
of the subscriber or from another third party. New Yorkers Gift does not
require its subscribers who offer Internet services to monitor or censor
transmissions or web sites created by customers of its subscribers. New Yorkers Gift
reserves the right to directly take action against a customer of its subscribers.
Also, New Yorkers Gift may take action against the New Yorkers Gift' subscriber
because of activities of a customer of the subscriber, even though the
action may affect other customers of the subscriber. Similarly, New Yorkers Gift
anticipates that subscribers who offer Internet services will cooperate
with New Yorkers Gift in any corrective or preventive action that New Yorkers Gift
deems necessary. Failure to cooperate with such corrective or preventive
measures is a violation of New Yorkers Gift policy.
New Yorkers Gift will not intentionally monitor private electronic mail
messages sent or receive by its subscribers, unless required to do so
by law, governmental authority or when public safety is at stake. New Yorkers Gift
may, however, monitor its service electronically to determine that its
facilities are operating satisfactorily. Also, New Yorkers Gift may disclose
information, including, but not limited to, information concerning a subscriber,
a transmission made using our network, or a web site, in order to comply
with a court order, subpoena, summons, discovery request, warrant, statute,
regulation or governmental request. New Yorkers Gift assumes not obligation
to inform the subscriber that subscriber information has been provided
and, in some cases, may be prohibited by law from giving such notice.
Finally, New Yorkers Gift may disclose subscriber information or information
transmitted over its network where necessary to protect New Yorkers Gift
and others from harm, or where such disclosure is necessary to the proper
operation of the system. However, New Yorkers Gift will never sell information
to other services or outside companies.
New Yorkers Gift expects that its subscribers who provide Internet services
to others will comply fully with all applicable laws concerning the privacy
of online communications. A subscriber's failure to comply with those
laws will violate New Yorkers Gift policy. Finally, New Yorkers Gift wishes
to emphasize that, in signing the Service Agreement, subscribers indemnify
New Yorkers Gift for any violation of the Service Agreement, law or New Yorkers Gift
policy resulting in loss to New Yorkers Gift or the bringing of any claim
against New Yorkers Gift by any third party. This means that, if New Yorkers Gift
is sued because of a subscriber's or customer of a subscriber's activity,
the subscriber will be responsible for payment of any damages awarded
against New Yorkers Gift, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet
users, including New Yorkers Gift and its subscribers, as responsible
members of the Internet. Any complaints about a subscriber's violation
of this AUP should be sent to crisss1205@gmail.com.
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