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Terms of Use

As the leading provider of outsourced Web site creation, Web promotion and Web transaction services for businesses and private-label channel partners, Merchant Partners offers its customers and partners, and their customers and users, the means to acquire and distribute various forms of public, private, commercial and non-commercial information and images. While Merchant Partners respects and promotes the Internet as a forum for free and open discussion and distribution of information and images, Merchant Partners reserves the right to prohibit and protect itself, and its customers and partners, from interests that may be detrimental or harmful to the interests, goodwill, business reputation or operations of Merchant Partners and its customers and partners. For this reason, Merchant Partners imposes this Acceptable Use Policy regarding use of the Merchant Partners services. Customers and partners of Merchant Partners must comply with this Acceptable Use Policy and impose this policy upon their customers or users to the extent necessary to ensure compliance. Pursuant to this Acceptable Use Policy, the following activities are considered to be inappropriate, prohibited and unacceptable uses:

1. Merchant Partners does not allow its customers or partners, and their customers and users, to engage in or promote:

(a) Illegality in any form, including, but not limited to, activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, promotion or facilitation of drug use, pyramid schemes, and any other illegal activities.

(b) Internet, E-mail and Network abuse, including, but not limited to, activities such as using a non-existent return email address on a commercial solicitation, foregoing header information, sending junk mail or spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses), mail-bombing (sending multiple messages without significant new content to the same user), flooding (attempting to overload a service or network, or attempting to crash a host), hacking or cracking (attempting without authorization to enter into a secured computer system), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or introducing computer viruses, harmful code and/or trojan horses on the Internet. Merchant Partners reserves the right to determine what constitutes Internet, E-mail or Network abuse.

(c) Misuse of system resources, including, but not limited to, employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for the customer's own account; or resale of access to CGI scripts installed on Merchant Partners’ servers.

(d) Tortious conduct, including, but not limited to, posting of defamatory, libelous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

2. Merchant Partners prohibits use of its service in which access to chat areas, bulletin boards, Web pages, email, or other services are used to send, submit, post, publish or display materials or content that is defamatory, inaccurate, abusive, obscene, infringing, threatening, or materials or content that violates any international, federal, state, or local law.

3. Merchant Partners reserves the right to reject or discontinue the service due to any Web site, Web promotion, or Web transaction content (including any language, words, text, photographs, designs, drawings, graphics, images, logos or symbols) which Merchant Partners reasonably deems to be:

(a) Infringement on a propriety interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret or patent right.
(b) In violation of any federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders.
(c) Grossly offensive, including without limitation, bigotry, racism, discrimination, hatred or profanity.
(d) Pornographic or obscene.
(e) Excessively violent or encouraging violence.
(f) Disparaging, defamatory, libelous or resulting in an invasion of privacy.
(g) Promotion or providing of instructional information about illegal activities or physical harm or injury to any group, individual, institution or property.
(h) Intentional holding of Merchant Partners (including its affiliates) or their employees or shareholders up to public scorn or ridicule.

Merchant Partners expects its customers and partners to comply fully with this Acceptable Use Policy and any applicable law, and Merchant Partners makes every effort to ensure compliance with this Acceptable Use Policy or any applicable law. Because of the magnitude of Merchant Partners customer and partner base, Merchant Partners may not always be able to monitor all of the information, content or communications of its customers and partners. However, if Merchant Partners becomes aware of any activities or circumstances indicating violation of this Acceptable Use Policy or any applicable law, Merchant Partners reserves the right to take any action to stop such activities or circumstances, including, but not limited to, removing information, shutting down a Web site, suspending Web site promotion or Web site transaction service, implementing screening software designed to block offending or harmful messages, denying access to Merchant Partners services, discontinuing the Merchant Partners service, or any other action Merchant Partners deems appropriate. Additionally, Merchant Partners mandates that its customers and partners who utilize the Merchant Partners service will cooperate fully with Merchant Partners to promptly take any corrective or preventive actions that Merchant Partners deems necessary to ensure compliance with this Acceptable Use Policy. Failure to cooperate with such corrective measures are considered a violation of this Acceptable Use Policy, and Merchant Commerce Inc. reserves the right to suspend or discontinue service for that reason.

By providing this Acceptable Use Policy, Merchant Partners strives to clarify and inform of the obligations its customers and partners must follow to ensure that the Merchant Partners services are used responsibly, and with respect and courtesy to the rights of other Internet users. Merchant Partners reserves the right to change this policy at any time in an effort to maintain this goal.


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