eTailor Acceptable Usage Policy (AUP)
By undertaking or purchasing any of any eTailor product or service, you are agreeing to abide by the below Acceptable Usage Policy. If you do not subscribe to the below Policy, you should notify us immediately to arrange for termination of any service provided to you.
The eTailor Acceptable Usage Policy is designed to ensure legal compliance with the laws governing Internet usage and propriety. Illegal usage of eTailor products or services are not permitted, or acceptable. eTailor expects its customers to have a reasonable knowledge of how the Internet functions, and what types of use are considered acceptable, and this document outlines the uses and practices deemed unacceptable for the purposes of a better understanding of acceptable usage and practice on the Internet. eTailor reserves the right at all times to prohibit any activity that it, at its sole discretion, believes may damage its commercial reputation.
With regard to this agreement, eTailor makes no representations of any sort regarding its ability or responsibility to monitor the activities of any customer’s account, website or mail service.
eTailor shall be the sole arbiter of what is, and what is not a violation of the Acceptable Use Policy or Terms of Service.
Examples of Unacceptable Practices:
The below examples are provided for illustration and example purposes only. This is not a complete or comprehensive list of all conduct or practices deemed unacceptable by eTailor. The limitation of the list below is determined by the laws governing the region in which both services are provided (Republic of Ireland), and the laws governing the region in which the services are used. Any conduct that breaches a law, regulation or any of the accepted norms of the Internet community, whether expressed within this document or not, is prohibited.
The below are examples of this:
- Distribution of pirated software, data, copyrighted material (such as music, movies, mp3’s MPEG’s, ROM’s and ROM emulators).
- Infringement of Copyright, Patent, Trademark, Trade Secret or Intellectual Property Right.
- Linking to illicit or illegal material.
- Collection of personal data for the purpose of identity theft.
- The use of eTailor services to collect, or attempt to collect personal information about third parties without their knowledge or consent.
- Trafficking in obscene material, pornography and sex-related material or merchandising involving children under the age of 17, as per the Child Trafficking and Pornography Act 1998, sending a message of having content that is obscene, lewd, lascivious, filthy or indecent with intent to abuse, threaten, annoy or harass a third party.
- Spamming. Spamming is defined as:
The sending of unsolicited mass mail messages, including, without limitation, any commercial advertising and informational announcements. The use of another site’s mail server to relay mail without the express permission of the site. The posting to any Usenet or other newsgroup, forum, mailing list or other group or list any article which is off-topic according to the charter, FAQ or description of the group or list. The sending unsolicited mass email, if such unsolicited email provokes complaints from the recipients. The use of a eTailor provided mail server as a mail drop for responses to the mailings and/or postings described above.
- Distributing mass email programs with intent to spam.
- Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network.
- Accessing data illicitly.
- Distribution of Viruses.
- Distribution, storage or transmission of any material in violation of any laws or regulations as governed by the governing regions defined above.
- Access or attempting to circumvent any user authentication or probing security measures of any host, network or account
- Any violation of export control laws.
- Dealing, supplying or trading in illegal drugs or pharmaceutical products.
- The resale of access to CGI scripts installed on eTailor’s servers.
- The forging of any TCP-IP packet header or part thereof.
- The use of postings or programs which consume excessive processor time or hard disk storage space.
Disclosure to Law Enforcement
It is understood that as the Acceptable Usage Policy prohibits any and all illegal activities, eTailor must, in cases where illegal activities have occurred, disclose all necessary information to the law enforcement agent who makes a written request, without further consent or notification to the customer. In addition, eTailor shall have the right to terminate all service to the customer in the event of illegal activity on their account or service.
Any violation of any aspect of this Acceptable Usage Policy shall be liable for immediate account termination or suspension without prior notification and without any refund or compensation. Any customer in breach of this Policy shall be held liable for all damages to eTailor and may be charged a fee at the discretion of eTailor to repair, cover or compensate for any necessary repairs or restoration.
It is understood that all activity originating from the account is the responsibility of the customer, unless it is proven that any activity is a result of outside hacking or address forgery.
The customer is responsible for securing their username/password.
The customer is required to provide, and keep current, good contact information for their account. Contact is used, in order of preference; email, billing address, telephone, and finally fax.
Bandwidth and Disk Usage:
The customer is responsible for both bandwidth and disk usage. eTailor shall alert any customer if their bandwidth or disk usage reaches an unacceptable level. An unacceptable level is defined by their subscription package, and the purpose of this usage limit is to ensure there is no degradation of service for other eTailor customers. In the case that usage levels are at or reaching an unacceptable level, the customer will be requested to lower their usage. Failure to comply with this request, or repeated excessive usage of bandwidth or disk space will result in corrective action such as the assessment of additional charges, disconnection or discontinuance of any and all services to the customer’s account in breach, or termination of their contract with eTailor. All actions taken are at the sole discretion of eTailor.
It is deemed the customer’s responsibility to maintain and backup local copies of their website content. eTailor will not be responsible for loss of data such as website files or any information stored on the website. Regular backups of the eTailor servers are made, but we strongly recommend that the customer should maintain an up to date backup on your own computer any time your website is updated or amended. The backups actioned by eTailor made to ensure system-wide continuity, and are not intended to backup a single domain. High quality software is used to backup the servers, but no backup is guaranteed, so we cannot guarantee or warrant the quality of a recovery, system wide or individual recoveries. Please remember to backup your site frequently.
Limitation of Liability:
eTailor shall not be responsible for any claimed damages, incidental damages or consequential damages which may arise from eTailor servers going off-line or being unavailable for any reason whatsoever. Further, eTailor shall not be responsible for any claimed damages, incidental damages or consequential damages, resulting from the corruption or deletion of any website from one of eTailor’s servers. All damages shall be limited to the immediate termination of service.
Any website linked to the eTailor Network is in no way under the responsibility of eTailor, as links are provided as Internet navigation tools only. eTailor does not accept any responsibility for any inappropriate use and any liability to any person, customer or third party for any other reason or customer, person or third party’s violation of this policy.
eTailor does not make implied or written warranties for any of our services to the customer. As such, eTailor is not responsible for any damages your business may suffer. eTailor denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery and any and all service interruptions caused by eTailor.
eTailor reserves the right to add to, delete from, or modify any of the provisions of this document at any time and without prior notice. If you have reason to believe that any party has violated any of the clauses contained herein, you are requested to notify eTailor by email.