Acceptable Use Policy

This Acceptable Use Policy constitutes an Agreement between ACME Hosting and Design and it's Company and Individual Account Holders ("Account Holders").  This Agreement applies to all ACME Hosting and Design Account Holders and any users accessing ACME Hosting and Design servers, including FTP access to any server hosted on ACME Hosting and Design's servers and related network.  This Agreement represents the complete agreement and understanding between ACME Hosting and Design, its Account Holders and Users and supersedes any other written or oral agreement.  ACME Hosting and Design reserves the right to discontinue or change services offered, at any time. ACME DOES NOT HOST ADULT CONTENT UNDER OUR "STANDARD" HOSTING PLANS.  Contact sales@acme-ent.net for information regarding Adult Hosting options. USE OF YOUR ACCOUNT CONSTITUTES YOUR APPROVAL AND ACCEPTANCE OF THIS AGREEMENT.  ACCEPTANCE OF THIS AGREEMENT IS A CONDITION TO USE OF THE ACME NETWORK AND/OR ACME'S UPSTREAM PROVIDER NETWORK. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE THE ACME NETWORK. IF YOU ARE AN ACCOUNT HOLDER, PLEASE NOTIFY OUR BILLING DEPARTMENT AT 877.642.4845 or cancel@acme-ent.net SO WE CAN INITIATE CLOSURE OF YOUR ACME ACCOUNT. ACME Hosting and Design Acceptable Use Policy described below defines the actions which ACME considers to be abused and strictly prohibited.  There are no exclusions in this listing.  Please, be aware that the actions listed below are also prohibited from other Internet Presence Providers (IPP's) and their users on behalf of ACME to advertise any service hosted by ACME or connected via the ACME Network.   As defined by the Federal Trade Commission Deception Policy Statement, such services are not to be advertised by way of deceptive marketing policies. For abbreviation purposes, the Acceptable Use Policy will be referred to as AUP, ACME Hosting and Design will be referred as ACME and companies or individual account owners using our services as CUSTOMERS. ACME Acceptable Use Policy has been formulated with the following goals in mind: Ensure security, reliability and privacy of ACME systems and network, and the networks and systems of others. Avoid situations that may cause ACME to incur civil liability. Maintain the image and reputation of ACME as a responsible organization. Preserve the value of Internet resources as a conduit for free expression. Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services. Preserve the privacy and security of individual users. The Acceptable Use Policy below defines the actions which ACME considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to ACME customers. If you are unsure whether any contemplated use or action is permitted, please send mail to abuse@acme-ent.net and we will assist you. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by DI, or connected via the ACME network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement. top of page Network Security Customers may not use ACME's network as to attempt to circumvent user authentication or security of any host, network, or account.  Illegal or Unauthorized Access to Other Computers or Computer Networks by accessing, attempting to access, monitoring, or disrupting another's account, computer, computer network, or otherwise attempting to circumnavigate the security measures of another individual's system without their permission. This type of activity is extremely harmful and could result in a severe security breach. Any activity that might be used as a precursor to an attempted system penetration is also regarded in the same manner (for example: port scan, stealth scan, or other information gathering or monitoring activity). This includes, but is not limited to, accessing data not intended for the Customer in order to obtain access to services on ACME servers that are not provided in your account, logging into a server or account the Customer is not expressly authorized to access, password cracking, probing the security of our or other networks in search of weakness, or violation of any other organization's security policy with the intent to breach and or evaluate security vulnerabilities. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding. mailbombing, or other deliberate attempts to overload or crash a host or network. If your server or website is the initiator or target of a denial of service attack that adversely affects our/somebody else network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action. Activities that attract denial of service attacks are expressly prohibited. Customers involved in these activities will be terminated as soon as we are aware of them. These activities include, but are not limited to: selling shell accounts, and involvement with IRC of any kind. This prohibition is for the protection of our customer base as a whole; these kinds of services tend to attract attacks that have the potential to degrade service for all of our customers. Software may not be installed on or compiled on any ACME server without prior explicit permission. The use of any unattended connection software is prohibited without prior permission. IP Numbers - ACME maintains control and ownership of any and all IP numbers and network addresses that may be assigned to the client. Abuse of ACME hosting server resources - Running programs in the background on one of ACME's hosting servers without prior written authorization by ACME to include banner ad rotators, chat rooms, Internet Relay Chat, IRC bots, Video Cameras and the like are not acceptable uses of ACME hosting servers. Furthermore, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and deemed unacceptable. In the event that your usage ever exceeds five percent (5%) of our system resources we will advise you via email or phone and see how this can be remedied. In the event that your usage exceeds ten percent (10%) of our system resources, your account can be terminated without prior notice and a fee imposed to restore server usage.  Excessive CPU, Bandwidth or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers. ACME will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability. top of page Server Interface The ACME Web Interface and Control Panel are proprietary software. Although we do not protect the software with compilation nor with encryption, it is protected under copyright and trade secret laws and is not to be modified nor distributed in any fashion unless authorized in writing by ACME. Under no circumstances will we allow changes to the Copyright notice and/or disclaimers on version 2 of the interface (revisions 1.110 and above), since the "Server Interface" tradename and logo are already protecting resellers from references to ACME. Requests for modification, including translating into other languages, addition of links or advertising, changes to menus, or customer-specific options, must be sent to sales@acme-ent.net and are subject to an approval process by all departments. In general, the only changes approved are those of a general nature, representing an increase in functionality for all customers. Changes for a single customer which would cause changes in more than one concurrent version of the software will not be considered. Changes which are approved will be done on a prioritized basis by the ACME technical staff. Expedited processing of a change order can be paid for by a customer, but the changes remain property of ACME and may be given to other customers. top of page Customer Spamming/Harassment Policy ACME maintains a zero tolerance for SPAM (unsolicited e-mail or excessive multi-posting to newsgroups) originating from our customers, or from our customers' customers, or for SPAM advertising web sites of our customers or our customers' customers. The Policy You refers to the ACME Enterprises Customer; we refers to ACME Enterprises. ACME has the right to charge you $500 per complaint to investigate. ACME does not deal with your customers or their customers etc.; We hold our customers responsible for dealing with SPAM from or about their section of the network. If we get a first complaint, we will forward it to you. If we don't receive a response indicating the complete resolution of the complaint within 24 hours, we may drop the domain or section of IP space involved in the SPAM complaint until we are convinced that the problem is resolved. In particular, we are concerned with SPAM that not only originates from your network, but also that advertises sites hosted on your network. If we get repeat complaints and it is clear that the problem has not been resolved, we may 'blackhole' the domain or section of IP space involved in the SPAM complaint until we are convinced that the problem is resolved. If so, we will contact you as soon as is feasible. We reserve the right, to drop the domain or section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible. What does this mean to me? You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. You must educate your customers about SPAM so that it does not become a problem for you, or for us. If you sell accounts on your system(s), you must provide an Acceptable Use Policy (AUP) at least as restrictive as our own. You must promptly investigate and deal with any SPAM or other abuse complaints forwarded to you. Forging Headers - Forging Headers refers to the act of altering, removing or misrepresenting email headers, whether in whole or in part, to mask the originator of the email. Like SPAM, forging headers is harmful to our servers and compromises our reputation. Spamming Newsgroups - Spamming Newsgroups by sending, or commissioning the sending of, commercial advertisements or other messages to one or more different, off-topic newsgroups, are unwelcome in most Usenet discussion groups and on most electronic mailing lists (discussion lists). If you are unsure about a posting to a Usenet group, please refer to the newsgroup or mailing list's charter to determine if advertising is allowed. Harassment - Harassment represents the act or intention of intimidating, threatening, frightening or otherwise harassing others, using ACME servers, networks and infrastructure. Harassment can result from the language of correspondence, or the frequency or size of messages. A single unwelcome message can be considered harassment. Additional messages sent to an unwilling recipient, after being requested to stop by that recipient, can also be construed as harassment. Why this Policy? - We at ACME feel strongly that the usability of the Internet is dependent on the elimination of unsolicited e-mail (UE) or excessive multi-postings (EMP) from the mailboxes and newsgroups of both casual and heavy Internet users. If you host web sites, you must be particularly vigilant, as you and your other customers could be disconnected from the Internet due to one customer's spamming. top of page Bandwidth Charges Higher levels of traffic will incur overcharges on a monthly basis. However, the rates for bandwidth usage are lower for ACME than for any other services we offer. ACME provides full access to industry standard Multi Router Traffic Grapher (MRTG) web reports for network traffic monitoring and reporting. ACME also provides graph that represents how ACME computes customer's monthly usage, according to the industry-standard "95th Percentile" system. The bandwidth analysis total reflects the bandwidth month's total of 95th measurement column in Kilobytes Per-Second (Kbps). The conversion takes place through another report to convert Kbps to Gigabytes Per-Second (Gbs). These charges reflect our expenses in network maintenance, upgrades, backbone port charges, leased line loops, and equipment. We set a limit of transfer per month on your domain based upon your plan - anything over this we bill to your account at $9/gigabyte.  We reserve the right to shut down any site without notice that is in arrears on payments for overage on traffic.  ACME at it's sole discretion, reserves the right to charge advance for overages on sites that in our judgment regularly exceed bandwidth terms.  ACME also reserves the right to modify the price per gigabyte costs if ACMEs costing changes. top of page General Conduct Customers are prohibited from transmitting on or through any of ACME's services, any material that is, in ACME's sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Distribution of Internet Viruses, Worms, Trojan Horses, Denial of Service Attacks, or Other Destructive Activities by sending or distributing malicious code, or information regarding the creation of Internet viruses, worms, Trojan Horses, mail bombing or denial of service attacks, whether you actually intended to send or distribute such malicious code or information. This includes sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, and any other activity that may be deemed harmful and that may result in a denial of service against any computer or computer network. Also, activities that disrupt the use of, or interfere with the ability of, others to use a computer network and any connected network, system, service or equipment. These types of activities are not only harmful to the shared hosting environment but also slow and cause damage to the entire Internet. ACME's services 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 any other statute. ACME reserves the right to remove such illegal material from its servers. The customer is responsible for keeping his billing data with ACME up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability. The resale of ACME products and services is not permitted, unless specifically permitted and documented in a written agreement.  Unauthorized Reselling or Providing Access to Account Services such as offering email services and accompanying features for use by individuals outside of the required use on your own account; the reselling of CGI scripts installed on ACME servers; or providing access codes to individuals not authorized to receive such materials as necessary for the running of your website or account. Important IP Disclosure: ACME Enterprises may assign customer a reasonable amount of IP addresses (Internet Protocol) on a temporary basis or for the life of the contract. Customer agrees that IP addresses are not portable and acknowledges that IP addresses are the sole property of ACME Enterprises and are assigned as part of the services. Furthermore, Customer acknowledges that use of IP addresses not allocated by ACME Enterprises to customer or users is expressively prohibited and will incur a penalty fee.  This fee would be calculated on a standard engineers hourly rate fee of $150 separate from any other service or incident fees prepaid by customer. Defamatory or Abusive Language - Defamatory or Abusive Language by using our network as a means to distribute, transmit, facilitate or post defamatory, harassing, abusive or threatening language or anything that a reasonable person would regard as hate speech or literature. This includes language or other activity that significantly prejudices, creates a hostile bias, or grossly defames a class of individuals. This policy includes links placed in websites to other materials and sites containing this type of information.  While this policy applies to anything that is not protected under free speech, ACME will be the sole arbiter in determining violations of this provision and reserves the right to take immediate action up to and including disabling your account upon receiving notice that your account contains this information. Obscene Speech or Materials - Use of obscene speech or materials by using our computer network to advertise, transmit, store, post, display or otherwise make available child pornography or obscene speech or material. All material on our network and servers must comply with United States laws. Furthermore, all material placed on our network and servers by our customers must be legal in their own jurisdiction. For child pornography, we immediately notify law enforcement agencies when we become aware of the presence of child pornography on or being transmitted through our network. Other Illegal Activities where the transmission or storage of any information, data or material is in violation of United States Federal or State regulations. Engaging in activities that are determined to be illegal, including advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging or collecting credit cards or information, and pirating software. Activities may be deemed illegal according to the laws and jurisdictions of where the activity is generated, as well as according to the jurisdiction of where the activity is directed. Other Activities or Information, lawful or unlawful, that we deem harmful, offensive, controversial, infamous or other to either ACME, its customers, or third-parties, such that we reasonably believe our customers, operations, reputation, goodwill or general customer relations could potentially be negatively impacted. top of page Intellectual Property/Trademarks Intellectual Property Violations - Intellectual Property Violations by engaging in any activity that infringes or misappropriates the intellectual property rights of others, including but not limited to copyrights, trademarks, service marks, trade secrets, software, and patents held by other individuals, corporations or other entities. ACME is required by law to respond immediately to a copyright infringement and block access to customer content upon receipt of an official notice of a copyright violation. For more information on the Digital Millennium Copyright Act (DMCA), click on the following link: http://lcweb.loc.gov/copyright/legislation/dmca.pdf. Common instances leading to intellectual property violations involve the unauthorized use of pictures, framing another's website within your own without permission, and using another's trademarks without their permission to promote competing goods or services. The Digital Millennium Copyright Act (DMCA) Procedures: When we receive proper notice that your website infringes the copyrights of another, we have a legal obligation, per Title 17 United States Code, Section 512, to "respond expeditiously to take the material down or block access to it." The procedure we follow, given our reading the DMCA [Title 17 United States Code, Section 512(c)(3)], is as follows: If we receive "proper notification" (or court order) of an infringing website, we "deactivate" the website and send an email notice to both our customer and the individual or organization issuing the "proper notification." If we receive "notification," but it is not proper, we will use our best judgment to ascertain whether the website does indeed infringe on the copyrights asserted by the notification. If we deem the website to infringe, we follow the activities in Step 1 above. If we cannot validate infringing activity, we will not "deactivate" the website, but instead send an email notice to both Customer and the individual or organization issuing the "notification" (hereinafter "Complaining Party") with a statement that we opted to not "deactivate" the website because notice was not proper, and we could not determine copyright infringement; and we then request either "proper notification" or a court order. If we do "deactivate" your website because of "proper notification" (not court order), you can submit a "proper counter notification" to us indicating that "the material was removed or disabled through mistake or misidentification," we have 10-14 business days (legally, although we will attempt to do this in 24 hours or less) to reactivate your website after receiving proper counter notification, assuming you (or we) have not received a court order to the contrary. Proper Notice of Copyright Infringement: [Title 17 United States Code, Section 512(c)(3)(A)]. For "proper notice," we require (1) a physical or electronic signature of copyright holder or authorization to act on behalf the copyright holder; (2) Identification of the copyright work alleged to be infringed on the website; (3) Identification of the material that is infringing or the subject of infringing activity; (4) Information necessary for us to contact the Complaining Party; (5) A statement that the Complaining Party has a good-faith belief that material alleged to be infringing is not authorized by the copyright holder; and (6) A statement that "the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." Proper Counter Notification: [Title 17 United States Code, Section 512(g)(3)]. For "proper counter notification," we require (1) Your physical or electronic signature; (2) Identification of the material which has been removed, disabled or deactivated; (3) A statement "under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;" and (4) Your name, address, telephone number and a statement that you "consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for the United States District Court, District of New Mexico, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person." Deactivation: Deactivation does not necessarily mean deletion. Unless under court order, or if we judge your website content to contain prohibited content, we will not delete your website content when deactivated because of "proper notification" of copyright infringement. Your website content will remain on our servers for as long as your account remains in good standing with ACME. Trademark Infringement - Trademark Infringement is any use of a trademark, service mark, trade dress or other identifying mark, word, phrase, color, picture or layout that could lead to a likelihood of confusion between you and the legitimate holder of a valid trade or service mark. For the purposes of this AUP, a "valid trade or service mark" is defined as another entity that either has a registered mark in a World Trade Organization (WTO) signatory country (http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm), or can prove prior use. There are relatively few "safe harbor" provisions or exceptions in United States Trademark law that limit our liability to a Customer's infringing activity of a trademark. Therefore, we take notices of alleged trademark infringement seriously, and with few exceptions, will require Customers to quickly comply. There are fair use exceptions to trademark protections. We will allow Customer to use another's trademark in fair use situations, but we apply a rather restrictive view on the meaning of fair use. If there is any possibility of a likelihood of confusion as to the originator of the offerings (product, service or information) on your website, we will side with the complaining party. Alleged Trademark Infringement Procedure: When ACME receives notice of alleged trademark infringement activity, we will act as follows: Submit a notice to the Customer. If we believe there is any merit to the notice, we will give the Customer a predetermined amount of time (usually 48 hours) to take corrective action or provide unequivocal proof of either (a) permission to use trademark, or (b) that the Customer's use of trademark is superior to complaining party. If the Customer fails to take corrective action, or fails to respond with unequivocal proof as required above, we will deactivate the account. top of page Facilitating a violation of this AUP Advertising, transmitting, or otherwise making available any software, program, product, service or information that promote, enable, or facilitate any activity that is prohibited within this document, including SPAM, denial of service attacks, compromise of other systems or attempts to compromise other systems are ALL considered to be violations of this AUP. This includes the facilitation of the means to SPAM, initiation of pinging, flooding, mail bombing, denial of service attacks, piracy of software, or other means or mechanisms that interrupt another's use of the Internet or another's property. Remedies and Action Responsibility of avoiding the above harmful activities rests solely on you, our Customer. We do not, and will not, monitor website content or communications of our customers. However, if we learn of a violation of our AUP, we will respond accordingly and at our sole discretion. The type of action taken will depend on the severity and duration of the violation, as well as perceived breadth and severity of the harm to us, or others. When we become aware of an alleged violation of our AUP, we will (as quickly as practical) investigate the claim and determine the course of action necessary to remedy the problem. No credits will be issued for down time incurred if the account is suspended (i.e. "deactivated") or deleted due to what we perceive as a violation of this AUP, whether or not it is later proven that any AUP violation existed.  One or more of the following responses may occur: A warning is issued to the account holder. A request is issued to remove offending content. The hosting account is suspended (i.e. "deactivated"). A monetary deposit is requested as assurance against future behavior (i.e. "security deposit"). The hosting account is deleted, such that all information is permanently and irretrievably removed from our servers, potentially without your knowledge or notice. Action is taken in accordance with our AUP, Service Agreement, or applicable law. In certain egregious (flagrant) circumstances, we may notify the proper legal authorities. ACME reserves the right to charge up to $500 to investigate any violations. top of page Payment Customers agree to supply appropriate payment for the services received from ACME, in advance of the time period during which such services are provided. Customers agree that all setup fees are non-refundable once setup is completed. Customer is aware that if you are paying by credit card, prepayments will be billed and charged automatically, and that ACME may apply the amount due to the provided card at any time. All invoices are sent to customers via e-mail. If payment is received by wire transfer, there is an administrative fee of $20 US per instance. Customer understands and agrees that ACME shall not be responsible for any charges or expenses that customer may incur resulting from overdrawing customer's bank account or exceeding customer's credit card limit as a result of an automatic or manual charge generated by ACME Enterprises pursuant to this authority. Returned checks will incur an administrative fee of $45 US. Timely payment is crucial. All accounts that are past due by more than 5 calendar days are subject to 10% late Fee and interruption of service(s) without further notice. With all disconnection's, a $50.00 reinstatement fee will apply to reactivate the service(s) again. If customer's account is in default and their account is sent to collections, customer will be responsible for any collections fees that may apply. top of page Contract ACME requires that its agreements be made with a person who is qualified to contract. As such, Customers must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and assume responsibility for payment of ACME services and for Customer's compliance with this Agreement. The minimum contract length for any of our services is 6 months, for Network Access and Dedicated Server services, "Rent to own" programs are for 1 year. Customer can change programs or services as many times with a $50.00 upgrade/downgrade fee and $500.00 upgrade/downgrade fee for Dedicated Server services. top of page Cancellation ACME reserves the right to cancel service(s) for any reason without prior notice. In case of cancellation, all fees paid in advance of cancellation will be pro-rated and refunded by ACME to customer if ACME initiates its right of cancellation and customer is NOT in violation of these Terms and Conditions. Customers must notify ACME in writing to cancel service. If cancellation is caused by customers and/or its Customer's breach of the AUP, then customer agrees that no refund is due.  Customer understands that service(s) can be cancelled at any time effective the end of the contract. Customers canceling service during the money back guarantee period (within 30 days of initial signup) will have their monthly service fee fully refunded. Due to protection concerns, all account cancellations must be done via the account e-mail of record, in writing via US mail or fax. Written or faxed notifications of cancellation must include the company letterhead, account name, principal contact name with valid signature, last four digits of credit card number on file and reason for cancellation. Third party cancellations are not accepted. To cancel an account you may fax the request to : 877.642.4845 or send via snail mail to : ACME Hosting and Design 200 W. 34th Ave, # 418 Anchorage, AK 99503  Upon termination, either by ACME Enterprises or Customer, for any reason, Customer is responsible for deleting his/her host registrations from domain registrar(s) within 10 business days. Account cancellation does not remove the customer responsibility of domain name payment. If ACME receives a collection notice from a domain registrar(s) for a domain name, the customer will pay ACME the applicable registration fee + a $30 service charge and forfeit their use of the domain name. Customer further agrees to pay ACME all reasonable administrative costs if ACME Enterprises must intervene in deregistering the hosts. top of page Miscellaneous Monitoring - We will not intentionally monitor private email messages sent or received by our customers, unless required to do so by law or court order. However, we reserve the right to monitor our servers and equipment, which may include your data and information, to ensure that our systems are operating optimally. Disclosure of Private Information - We will not disclose private customer information unless compelled by law or court order. Practicality / Timeliness - We will react to notices regarding violations as quickly as practical, given our judgment as to the potential harm and consequences of the alleged violation. Proof - In instances where alleged AUP violations by our customers have not been substantiated by the notice sent to ACME, and the accuracy of the notice cannot be substantiated by us after a review of the facts, we reserve the right to use our best judgment on who bears the burden of proof for or against the alleged AUP violation. In such cases, we generally place the burden of proving the AUP violation on the complaining party. However, there are some instances where we may place the burden of proving an AUP violation did not occur on our customer - these instances will usually involve what we view as a protected class (i.e. potential harm to minors). Jurisdiction - We always apply the laws of the United States, and the State of Alaska to any legal analysis by ACME. We will also apply, when and where applicable for a particular website, the laws of the jurisdiction where our Customer sits, the jurisdiction(s) directly targeted or marketed (through proactive means) by our Customer, and the jurisdiction that "owns" content on our customer's website (i.e. Jamaican law will be used for subject matter containing photos of a Jamaican movie star). top of page Disclaimer ACME will not be responsible for damages suffered by any Customer, including, without limitation, incidental or consequential damages or lost profits. This includes loss of data resulting from delays, non-deliveries, misdeliveries, system failures or service interruptions caused by any source whatsoever, including ACME's own negligence, subscriber's errors or omissions, or due to the fault of third parties. ACME makes no warranties of any kind, whether express or implied, for the service(s) providing. ACME 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 ACME. Customers understand and agree that ACME undertakes no obligation to maintain, protect or safeguard Customer's data stored on any ACME equipment and Customer agrees to accept responsibility for maintaining backup copies of all such data. Customer agrees to upload and store data to ACME equipment at Customer's own risk and Customer expressly assumes such risk. The Customer will not use its network nor space provided by ACME to violate any law. In the event Customer violates existing law, ACME shall have the right to terminate all service set forth in this Agreement. In the event ACME is informed by government authorities of inappropriate or illegal use of ACME facilities or other networks accessed through ACME, ACME may terminate customer's service. ACME will cooperate fully with investigations of violation of systems or network security at other sites. ACME will cooperate with law enforcement authorities in the investigation of possible criminal violations. Customers who violate systems and/or network security, may incur in criminal or civil liability. ACME reserves the right to amend its policies at any time. You will be held responsible for the actions of your Customers in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy. Indemnity Customers agree to defend, hold harmless and expeditiously indemnify ACME from any liability, claim, loss, damage or expense arising out of the Customer's or System User's breach or violation of any term, condition or covenant contained in this Agreement or resulting from the use of any ACME Hosting system, network or service. top of page We hope that this AUP is helpful in clarifying the obligations of our customers and their subscribers, as responsible users of the Internet.  If you have any questions concerning the above stated terms and conditions then please e-mail us at sales@acme-ent.net.  Any complaints about a Customer's violation of this AUP can be sent to abuse@acme-ent.net.

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