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Acceptable Use Policy |
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The following is BHE-Bill&39;s Acceptable Use Policy (AUP). By using BHE-Bill&39;s Services, Provider agrees to comply with the terms of this AUP. Provider also agrees to require its end users to comply with this AUP. BHE-Bill reserves the right to amend this AUP at any time, with or without notice. However, BHE-Bill agrees to post any changes to this AUP on the BHE-Bill Homepage (located at: http://www.bhe-bill.com). Provider agrees to periodically review this AUP as modified from time to time. Provider agrees to be bound by and to this AUP, as modified from time to time, every time Provider uses or accesses the Services. BHE-Bill, in its sole discretion, reserves the right to immediately and without recourse terminate Provider's access to the Services if BHE-Bill reasonably believes that Provider's conduct or the conduct of Provider&39;s users violates this AUP. Any capitalized terms (e.g., "Provider") used in this AUP not otherwise defined herein shall have the same meaning as defined by the BHE-Bill Provider Terms & Conditions. NO UNLAWFUL OR PROHIBITED USE As a condition of Provider's use of the Services, Provider will not use the Services, nor permit any of its users to use the Services, for any purpose that is unlawful or otherwise prohibited by this AUP. Provider may not use the Services, nor permit any of its users to use the Services, in any manner that could (1) damage, disable, overburden, or otherwise impair any of the services offered by BHE-Bill or any third party, or (2) interfere with any party&39;s use or enjoyment of any of BHE-Bill&39;s Services. Provider may not itself attempt, nor permit any of its users to attempt, to gain unauthorized access to any Services, other accounts, computer systems or networks connected to BHE-Bill's network through hacking, password mining, or any other means. Neither Provider nor its users may use the Services to obtain or attempt to obtain by any means, any materials or information not intentionally made available to the person or entity attempting to access such materials or information.. USE OF SERVICES The Services are designed to enable Provider and its users to communicate with others via the Internet. Provider agrees to use the Services, and to require its users to use the Services, only to post, send, and receive messages and material that is proper and, when applicable, related to the particular Service. Without limitation, PROVIDER AGREES, REPRESENTS, AND WARRANTS that when Provider or its end users use a Service, Provider and its end users will not: A. Use the Service in connection with any unlawful contest, lottery, gambling enterprise, pyramid scheme, chain letter, junk email, spamming, or any duplicative or unsolicited messaging (commercial or otherwise). B. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as, without limitation, the rights of privacy and publicity) of another. C. Publish, post, upload, distribute, traffic, or disseminate any defamatory, obscene, or otherwise unlawful content, such as, without limitation, child pornography. D. Publish, post, upload, distribute, or disseminate any topic, name, material or information likely to incite discrimination, hate, or violence towards any person or group due to race, religion, nationality, or any other shared characteristic, or which insults the victims of crimes against humanity by contesting the existence of those crimes. E. Upload, or otherwise make available, files containing images, photographs, software, or other material protected by intellectual property laws, including, without limitation, copyright or trademark laws, or protected by rights of privacy or publicity, unless Provider or its user(s) own or control the rights thereto or have permission from the rights owner to use the files. F. Use the Services to make available any material or information, including without limitation images or photographs, in any manner that infringes upon any copyright, trademark, patent, trade secret, or other proprietary right belonging to any party. G. Use the Services to upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or program which could damage the operation of another&39;s computer or property. H. Use meta tag searches on any Site(s). I. Use the Services to Download any file that Provider or its user knows, or reasonably should know, cannot legally be distributed in such manner. J. Falsify or delete any author attribution, legal or other proper notice, proprietary designation, or labels of the origin or source of software or other material contained in a file uploaded through use of the Services. K. Restrict or inhibit any other user&39;s ability to use or enjoy the Services. L. Violate any code of conduct or other guideline applicable to any particular website or service. M. Use the Services to harvest or otherwise collect information about others, including but not limited to e-mail addresses, except as needed by Provider to operate its Site and as permitted in its Site&39;s privacy policy (if any). N. Use the Services to violate any applicable law or regulation. O. Use the Services to create, maintain, or perpetuate a false identity for the purpose of misleading others. P. Use, download, copy, or provide, whether or not for a fee, to a person or entity, any directory of users of the Services or other user or usage information or any portion thereof. Q. Use the site to post or allow to be posted any content or material as to which Provider and/or any other responsible party is not in complete compliance with all applicable statutes regarding record-keeping, including but not limited to 18 U.S.C. 2257, et seq. BHE-Bill reserves the right, at all times and in its sole discretion, to disclose to the proper party any information BHE-Bill deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part. BHE-Bill does not control or endorse the content, messages, or information found on any Site and, therefore, BHE-Bill specifically disclaims any and all liability arising from the use of the Services by Provider or any of its users, and from any legal action resulting from the activities of Provider or any user on or in connection with any Site. MATERIALS PROVIDED TO BHE-Bill FOR POSTING BHE-Bill does not claim ownership of any materials provided to BHE-Bill to be posted, uploaded, inputted, or submitted to any Site or through use of the Services ("Submission"). However, by posting, uploading, inputting, providing, or submitting ("Posting") any Submission, Provider grants BHE-Bill permission to use such Submission in connection with Provider's site, including, without limitation, the license rights to: (i) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Submission; (ii) publish Provider's name in connection with the Submission; and (iii) sublicense such rights to any supplier of Services. In no event shall BHE-Bill be considered a "provider" as that term is used in 18 U.S.C. 2257, et seq. No compensation will be paid for BHE-Bill&39;s use of any Submission as provided herein. BHE-Bill is under no obligation to post or use any Submission, and BHE-Bill may remove any Submission at any time, in its sole discretion and without notice. BHE-Bill will not accept for Submission any content or materials which would cause BHE-Bill to be considered a "provider" under the language of 18 U.S.C. 2257, et seq. By Posting a Submission, Provider warrants and represents that it owns or otherwise controls all of the rights to use the Submission as described in this AUP, including, without limitation, all the rights necessary to provide, post, upload, input, or submit the Submission. RECORD KEEPING With respect to all content appearing on Provider's website, Provider represents and warrants that:
(a) All such content complies with Title
18 of the United States Code, Section 2257; TERMINATION/ACCESS RESTRICTION BHE-Bill has no obligation to monitor the Services or their content. However, BHE-Bill reserves the right, in its sole discretion, to review any materials posted to the Services and to remove any materials. BHE-Bill reserves the right, in its sole discretion, to terminate Provider's access to any or all Services and the related services, or any portion thereof, at any time and with or without notice, for violation of this AUP. Provider's rights and obligations upon termination of any Service are governed by the BHE-Bill Content Provider Terms and Conditions Agreement. Upon termination of the Services, Provider's right to use the Services or any other BHE-Bill facilities shall immediately cease. BHE-Bill shall have no obligation to maintain any content or to forward any messages to Provider or any third party after termination of Provider&39;s access to the Services. NO SPAM; DAMAGES BHE-Bill reserves the right to immediately terminate any account which BHE-Bill believes, in its sole discretion, is being used to transmit spam or other unsolicited commercial or bulk e-mail, or is otherwise connected with the transmission thereof. In addition, in recognition of the fact that damages from such activities are often difficult to quantify, Provider hereby agrees that if actual damages cannot be reasonably calculated, Provider will pay BHE-Bill liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Provider's account. Otherwise, Provider agrees to pay BHE-Bill&39;s actual damages, to the extent such actual damages can be reasonably calculated. Provider agrees to comply with all applicable laws regarding commercial or bulk e-mail, including without limitation, all applicable notice requirements and "do not contact" requests. |