.pw Master Terms of Service

This Master Terms of Service (hereinafter referred to as the "Master TOS" or "Agreement") between You ("Customer" or "You" or "Your") and .pw ("Company" or "We" or "Us") sets forth the terms and conditions of all .pw Services you use. Please read this document carefully as they contain important information regarding your legal rights, remedies and obligations.

Definitions

  • ".pw Database" is the collection of all data elements stored on the .pw Servers.
  • ".pw Platform" refers to the set of servers, software, interfaces, products, services and APIs that are used by the Company, Service Providers or Customer, directly or indirectly, for the purpose of providing .pw Services
  • ".pw Servers" refer to machines, servers, infrastructure that Company or Service Providers maintain to fulfill services and operations of the .pw Platform
  • ".pw Services" refer to all services provided to the Customer by Company under this Master TOS
  • "Person" refers to an artificial juridical persons, company, concern, corporation, enterprise, firm, individual, institute, institution, organization, person, society, trust or any other legal entity
  • "Service Providers" refers individually and collectively to any Person(s) that Company or Service Providers may, directly or indirectly, engage / employ / outsource / contract for the fulfillment / provision / purchase of parent products, orderbox, and any other services and operations of parent.

Master Terms and Additional Terms

  • Unless otherwise agreed in writing with .pw, Customer's agreement with .pw will always include, at a minimum, the terms and conditions set out in this Master TOS
  • Each .pw Service may have its supplementary terms (each an "Additional TOS") which shall then be included as a part of this Master TOS.
  • Any conflicting definitions, terms and conditions in an Additional TOS shall take precedence over the same definition, terms and conditions in the Master TOS, and shall be applied only to that Additional TOS.

Customer's Obligations

  • Customer acknowledges that all its information in the .pw Database, including authentication information is accessible to Company and Service Providers. This information is governed by the Privacy Policy set herein
  • Customer shall comply with all terms or conditions established by Company and/or Service Providers from time to time.
  • Customer acknowledges that .pw Services are dependent on Service Providers, and as such, changes in structure, or contracts may occur, and as a result .pw Services may be adversely affected. Customer acknowledges and agrees that Company shall not have any liability associated with any such occurrence.
  • Customer agrees to provide, and maintain, and update, current, complete and accurate information for all the data elements in the .pw Database.

Company's Rights

  • Company may change any information, including authentication information in the .pw Database upon receiving authorization from Customer or any of Customer's authorised representatives in any form as maybe prescribed by the Company from time to time.
  • Company may at its own discretion, at any point of time, temporarily or permanently cease to provide a .pw Service
  • Company, in its sole discretion, without notice, expressly reserves the right to fix any bugs in, modify, upgrade, freeze the .pw Platform or .pw Services. Company in its sole discretion, without notice, expressly reserves the right to modify the content on any page within the .pw Platform and .pw Services interfaces, including but not limited to marketing content, images, html, styles and any other information, Customer acknowledges that actions described in this paragraph may occur without notification or Customer's knowledge. Company will not be held responsible or liable for any such changes under any circumstance.
  • Notwithstanding anything to the contrary, Company and Service Providers, in their sole discretion, expressly reserve the right to without notice or refund, acccess, delete, suspend, deny, cancel, modify, intercept and analyze traffic of, copy, backup, access data of, redirect, log usage of, monitor, limit access to, limit access of, take ownership of or transfer any .pw Service, or to delete, suspend, freeze, modify Customer's access to the .pw Platform, or to modify, upgrade, suspend, freeze .pw Platform, or to publish, transmit, share data in the .pw Database with any person or entity, or to contact any entity in the .pw Database, in order to recover any payments, or to contact any entity in the .pw Database, or to correct mistakes made by Company or Service Providers in processing a .pw Service, or in case of any breach or violation or threatened breach or violation of this Agreement, or incase Company learns of a possibility of breach or violation of this Agreement which Company in its sole discretion determines to be appropriate, or if Company learns of any such event which it reasonably determines would constitute as a breach of this Agreement, or to protect the integrity and stability of the .pw Platform and .pw Services, or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in compliance with any agreements executed by Company, or to avoid any liability, civil or criminal, on part of the Company and/or Service Providers, as well as its affiliates, subsidiaries, officers, directors and employees, or if Customer, directly or indirectly, violates any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent or Company learns of the possibility of any such violation, or upon authorization from Customer in any manner that it deems satisfactory, or for any other appropriate reason. Customer agrees that Company and Service Providers, and its contractors, employees, directors, officers, representatives, agents and affiliates, are not liable for loss or damages that may result from any of the above.

Content

Customer understands that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that Customer, and not Company, is entirely responsible for all Content that Customer uploads, posts, emails, transmits or otherwise makes available via the .pw Services. Company does not control the Content posted via the .pw Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Customer understands that by using the .pw Services, they may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the .pw Services.

Customer acknowledges that Company may or may not pre-screen Content, but that Company and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the .pw Services. Without limiting the foregoing, Company and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. Customer agrees that they must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, Customer acknowledges that they may not rely on any Content created by Company or submitted to Company, including without limitation information in message boards and in all other parts of the .pw Services.

Customer understands that the .pw Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Company and/or content providers who provide content to the .pw Services. Customer may not attempt to override or circumvent any of the usage rules embedded into the .pw Platform. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the .pw Services, in whole or in part, is strictly prohibited.

Customer agrees and acknowledges that Parent owns all data, compilation, collective and similar rights, title and interests worldwide in the .pw Database, and all information and derivative works generated from the .pw Database. Company and Service Providers, and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by Company or Service Providers, or in order to fulfill services under this Agreement, or for any other appropriate reason.

With respect to content that Customer submits or makes available for inclusion within the .pw Database, on publicly accessible areas of the .pw Services, Customer grants Company the a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable and non-exclusive license(s) to use the data in any manner as required to provide the .pw Services, including but not limited to the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content (in whole or in part) on .pw Services, and to incorporate such content into other works in any format or medium now known or later developed. Publicly accessible areas of .pw Services are those areas accessible to users other than the Customer either anonymously or by providing authentication information.

Contributions via Feedback

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Company through our suggestion or feedback channels, Customer acknowledges and agrees that: (a) Customer's Contributions do not contain confidential or proprietary information; (b) Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Company shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Company may have something similar to the Contributions already under consideration or in development; (e) Customer's Contributions automatically become the property of Company without any obligation of Company to Customer; and (f) Customer is not entitled to any compensation or reimbursement of any kind from Company under any circumstances.

Right to modify limits and storage practices

Customer acknowledges that Company may establish and modify, in its own discretion, at anytime, without notice, practices and limits concerning use of the .pw Services, including without limitation the maximum number of days that data, content, email messages, information or other uploaded content will be retained within the .pw Database, the maximum number of messages or content that may be sent from or received by the Customer using .pw Services at any given time, the maximum size of any message or content that may be sent, received, uploaded, hosted, posted, transmitted by the Customer, the maximum disk space that will be allotted on .pw Servers on Customer's behalf, and the maximum number of times, and the maximum duration for which Customer may access the .pw Services in a given period of time. Customer agrees that Company has no responsibility or liability for the deletion or failure to store any content, messages, and other communications maintained or transmitted by .pw Services. Customer acknowledges that Company reserves the right to log off and/or delete accounts that are inactive for an extended period of time. Customer further acknowledges that Company reserves the right to modify these general practices and limits from time to time.

Representations and Warranties

Customer and the Company represent and warrant that: -

  • they each have all requisite power and authority to execute, deliver and perform their obligations under this Agreement;
  • This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable against Customer and the Company in accordance with its terms;
  • The execution and performance of this Agreement and the consummation by Customer and the Company of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate any provision of law, rule, or regulation, any order, judgment, or decree, any provision of corporate by-laws or other documents, or any agreement or other instrument.
  • No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby;
  • Customer represents and warrants that they have read and understood every clause of this Agreement, independently evaluated the desirability of .pw Services and are not relying on any representation, guarantee or statement other than as set forth in this Agreement
  • Customer represents and warrants that they are eligible to enter into this Contract according to the laws of Customer's country

Limitation of Liability

In no event will Company, Service Providers, or contractors or third party beneficiaries be liable to Customer for any special, indirect, ancillary, incidental, punitive, exemplary or consequential damages, or any damages resulting from loss of profits, arising out of or in connection with this agreement, even if parent and/or service providers, or contractors or third party beneficiaries have been advised of the possibility of such damages. Company further disclaims any and all loss or liability resulting from, but not limited to

  • loss or liability resulting from the unauthorized use or misuse of authentication information;
  • loss or liability resulting from force majeure events;
  • loss or liability resulting from access delays or access interruptions;
  • loss or liability resulting from non-delivery of data or data miss-delivery;
  • loss or liability resulting from errors, omissions, or misstatements in any and all information or .pw Services;
  • loss or liability resulting from the interruption of service.

If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against the Company by Customer, then in no event will the Company's liability exceed actual amount paid by Customer for any .pw Service

Indemnification

  • Customer, at its own expense, will indemnify, defend and hold harmless, Company, Service Providers and the contractors, employees, directors, officers, representatives, agents and affiliates, of Company and Service Providers against any claim, suit, action, or other proceeding brought against Company and/or Service Providers based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, Company Products provided hereunder or use of the Company Products, including without limitation:-
    • arising out of any breach by the Customer of this Agreement
    • relating to any product or service of the Customer
    • relating to any actions of the Customer, or the Customer's employees, contractees, agents, or any other party affiliated with the Customer directly or indirectly;
    • relating to the Customer's Business, including, but not limited to, the advertising, application process, systems and other processes, fees charged, billing practices and customer services provided
    • relating to or arising out of any .pw Service or use of any .pw Service
    • relating to any action of Company as permitted by this Agreement
    • relating to any action of Company carried out on behalf of Customer as described in this Agreement

However, that in any such case Company may serve the Customer with notice of any such claim and upon the Customer's written request, Company will provide to the Customer all available information and assistance reasonably necessary for the Customer to defend such claim, provided that the Customer reimburses Company for its actual costs.

  • The Customer will not enter into any settlement or compromise of any such indemnifiable claim without Company's prior written consent, which shall not be unreasonably withheld.
  • The Customer will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded against or otherwise incurred by Company in connection with or arising from any such indemnifiable claim, suit, action or proceeding.

Intellectual Property

Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.

Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Company to the Customer, or by any disclosure of any Confidential Information to the Customer under this Agreement.

Customer shall further ensure Customer does not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. Customer acknowledges that Company cannot and does not check to see whether any services or the use of the services by the Customer under this Agreement, infringes legal rights of others.

Delays or Ommissions and Waivers

No failure on the part of any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.

No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing duly executed and delivered.

Right to Modification

During the period of this Agreement, Customer agrees that Company may revise the terms and conditions of and change the services provided under this Agreement, or any Additional TOS. Any such revision or change will be binding and effective immediately on posting of the revision on the web or on notification to the Customer via email.

Customer agrees to review the Company Website including the agreements, periodically, to be aware of any such revisions. If the Customer does not agree with any revision, the Customer must stop using .pw Services immediately. Customer agrees that, continuing use of .pw Services following any revision will constitute as an acceptance of any such revisions or changes

Publicity

Customer shall not create, publish, distribute, or permit any written / Oral / electronic material that makes reference to the Company or our Service Providers or uses any of Company's registered Trademarks / Service Marks or our Service Providers' registered Trademarks / Service Marks without first submitting such material to Company and receiving prior written consent. Customer gives the Company the right to recommend / suggest the Customer's name and details to other potential clients, and prospective customers and use the Customer's name in marketing / promotional material with regards to Company's products.

Force Majeure

Neither party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a "Force Majeure Event") including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party's employees), any Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party's reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either party's performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first three months of such interference, provided that such party uses best efforts to avoid or remove such causes of non performance as soon as possible.

DISCLAIMER

THE .pw PLATFORM, .pw SERVERS AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IS PROVIDED ON "AS IS" AND "WHERE IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.

COMPANY AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.

COMPANY AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, CUSTOMER'S COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH CUSTOMER'S ACCESS TO, USE OF, .pw PLATFORM OR BY ACCESSING COMPANY SERVERS. WITHOUT LIMITING THE FOREGOING, COMPANY AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH .pw PLATFORM OR COMPANY SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH THE .pw PLATFORM/COMPANY SERVERS WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY COMPANY AND SERVICE PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE .pw PLATFORM WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA. OR (F) CUSTOMER WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO CUSTOMER'S ORDER, ANY TRANSACTION IN CUSTOMER'S ACCOUNT, ANY EXPIRY OF AN ORDER

COMPANY AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION, CONTENT, DATA, SERVICES, AVAILABLE OR WITH RESPECT TO THEIR LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. COMPANY AND SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO CUSTOMER.

FURTHERMORE, COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE .pw PLATFORM, .pw SERVERS, COMPANY WEBSITE AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Jurisdiction and Attorney's Fees

This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Country, State and City where Company is incorporated, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in a court in the city, state, country where Company is incorporated. Company reserves the right to enforce the law in the Country/State/District where the Registered/Corporate/Branch Office, or Place of Management of the Customer is situated as per the laws of that Country/State/District.

If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled.

TERMS AND CONDITIONS OF .pw Services USAGE

This Appendix A covers the terms of access to the .pw Platform. Any violation of these terms will constitute a breach of agreement, and grounds for immediate termination of this Agreement.

1. ACCESS TO .pw Platform

  • Customer will not attempt to hack, crack, gain unauthorized access, misuse or engage in any practice that may hamper operations of the .pw Platform including, without Limitation temporary / permanent slow down of the .pw Platform, damage to data, software, operating system, applications, hardware components, network connectivity or any other hardware / software that constitute the .pw Platform and architecture needed to continue operation thereof.
  • Customer will not send or cause the sending of repeated unreasonable network requests to the .pw Platform or establish repeated unreasonable connections to the .pw Platform. Company will in its sole discretion decide what constitutes as a reasonable number of requests or connections.
  • Customer will take reasonable measures and precautions to ensure secrecy of their authentication information.
  • Customer will take reasonable precautions to protect .pw Platform Data from misuse, unauthorized access or disclosure, alteration, or destruction.
  • Company shall not be responsible for damage caused due to the compromise of Customer's Authentication information in any manner OR any authorized/unauthorized use of the Authentication Information.
  • Company shall have the right to temporarily or permanently suspend access of Customer to the .pw Platform if Company in its sole discretion suspects misuse of the access to the .pw Platform, or learns of any possible misuse that has occurred, or will occur with respect to a Customer.
  • Company and Service Providers reserve the right to, in their sole discretion, reject any request, network connection, e-mail, or message, to, or passing through, .pw Platform

2. Acceptable Usage Policy of .pw Platform

Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates, shall not use or permit use of the .pw Platform, directly or indirectly, in violation of any country, state or local rule, regulation or law, or for any unlawful purpose, or in a manner injurious to Company, Service Providers or other customers, or their reputation, including but not limited to the following activities -

  • Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.)
  • Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 2-3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic)
  • Sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider
  • Offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses ("spamware")
  • Advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, including but not limited to the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software
  • Harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or Company
  • Impersonating another user or entity or an existing company/user/service or otherwise falsifying one's identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service, or for the purpose of directing traffic of said user or entity elsewhere
  • Pointing to or otherwise directing traffic to, directly or indirectly, any material that, in the sole opinion of Company, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Company, to be threatening or obscene or inappropriate
  • Engaging in or soliciting illegal activities, or to conduct any other activity that infringes the rights of Company, Service Providers or any other third party
  • Making foul or profane expressions, or impersonating another person with fraudulent or malicious intent, or to annoy, abuse, threaten, or harass that person
  • Transmitting Unsolicited Commercial e-mail (UCE) or bulk e-mail
  • Being listed, or, in the Company's sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist
  • Denial of Service attacks of any kind
  • Excessive use of any web service obtained under this agreement beyond reasonable limits as determined by the Company in its sole discretion
  • Copyright or trademark infringement
  • Promoting net abuse in any manner (providing software, tools or information which enables, facilitates or otherwise supports net abuse)
  • Causing lossage or creating service degradation for other users whether intentional or inadvertent.
  • Distributing chain letters
  • Sending large or multiple files or messages to a single recipient with malicious intent
  • Cross-posting articles to an excessive number of, or inappropriate, newsgroups, forums, mailing lists or websites
  • Phishing (identity theft), pharming, distribution of virus or malware, child pornography, Fast Flux techniques, running Botnet command and control, network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution
  • Referencing an .pw Service within a spam email
  • Harming minors in any way
  • Forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the .pw Service;
  • disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to use .pw Services;
  • interfering with or disrupting the .pw Services or servers or networks connected to the .pw Services, or disobeying any requirements, procedures, policies or regulations of networks connected to the .pw Services, including using any device, software or routine to bypass our robot exclusion headers;
  • stalking or otherwise harassing another
  • collecting or storing personal data about other users in connection with the prohibited conduct and activities set forth in this entire section
  • Hosting, transmitting, providing, publishing, uploading, emailing, posting or storing inappropriate content, including but not limited to the following material, information, messages, data or images:
    • content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
    • content which threatens physical harm or property damage
    • content which is obscene, pornographic, salacious, explicitly erotic or offensive
    • content that the Customer does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • content that violates applicable intellectual property laws or regulations, including but not limited to, the transmission of copyrighted material or trade secrets and the infringement of patents and trademarks
    • content which violates any export, re-export or import laws and regulations of any jurisdiction
    • hacker programs or archives, "warez", passwords or "cracks"
    • material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • internet relay chat servers ("IRCs") IRC bots
    • any content which Company in its sole discretion determines as illegal, unlawful, or otherwise inappropriate
      ethnically or otherwise objectionable;

Company in its sole discretion will determine what constitutes as violation of appropriate usage including but not limited to all of the above.