Acceptable Use Policy

Nycia has formulated this Acceptable Use Policy in order to encourage the responsible use of Nycia's services by our customers ("Clients"), and to enable us to provide our Clients with secure, reliable and productive services. By signing up for a Nycia Hosting Account, Client agrees to and accepts these terms and conditions and acknowledge that the use of the Nycia's services is subject to certain limitations set forth below. If you do not accept this agreement, do not complete the sign-up process. Nycia reserves the right to amend or change the Terms of Service Agreement at any time without prior notice, provided the Agreement is publicly available on this website. This agreement incorporates all the Nycia policies excluding the Image Terms Agreement.

General Conduct

• The Nycia network, including the websites hosted by Nycia (collectively, the 'Nycia Network'), may be used only for lawful purposes. Clients may not use the Nycia Network in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or (c) that is obscene, threatening, abusive or hateful, including the advocating of terrorism and/or the killing of any individual or group.
  

Restrictions

• Nycia may terminate Client accounts and Client agrees and will hold harmless Nycia if and when Client's files are deleted, without notic, for conduct that violates these guidelines. Client agrees not to do or participate in any of the following nonexclusive list of UNACCEPTABLE content and behaviors while a Web-Host Client:
  • Content that contains or contains links to nudity, pornography, adult content, sex, or extreme violence, or material that is otherwise illegal or objectionable, in the opinion of the Nycia. Content that condones, promotes, contains, or links to warez, cracks, hacks, viruses, worms, harmful code, Trojan horses and/or their associated utilities, or other piracy-related information, whether for educational purposes or not.
  • Content that has been promoted through the sending of unsolicited email (spamming) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. Those who use Nycia's resources, including e-mail addresses that Client will acquire when becoming a Client, for spam are also subject to prosecution to the fullest extent of the law.
  • Content that commits acts of copyright, trademark, patent, tradename, trade secret or other intellectual property infringement or violates any other third party right.
  • Content that is racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames or abuses others.
• Content that exploits children under 18 years of age.
• Content that holds Nycia up to public scorn or ridicule. Content that contains, links to or from, or participates in pyramid schemes, gambling, raffles, lotteries, and so forth. Content that posts or discloses personal identification information or private information of individuals under the age of 13 or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.
• Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, pirated materials, pornography or sexual products or services, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others' property, or to illegally harm any people or animals.
• Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual passworking of Client sites or pages; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices. To report violations of the above restrictions, please e-mail . Nycia does not actively monitor the content of Client sites, but will investigate complaints of a violation of third-party rights, including copyright and other intellectual property rights..

Child Pornography

• Nycia will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Nycia network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. No credits will be issued for any interruption in service resulting from policy violations. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at icpicc@customs.treas.gov.

System and Network Security

• Clients are prohibited from violating or attempting to violate the security of the Nycia Network, including, without limitation, (a) accessing data not intended for such Client or logging into a server or account which Client is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any Client, host or network, including, without limitation, via means of overloading, 'flooding', 'mailbombing' or 'crashing', (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such Client is not entitled. Violations of system or network security may result in civil or criminal liability. Nycia will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
• Nycia may place limits the amount of bandwidth, server disk space, and other system resources used by the Client for various services, and may halt or limit services if the Client's account exceeds such limits. To increase these limits, Client must pay for upgrades in advance.

E-Mail

• Nycia has a zero tolerance policy for spam (unsolicited bulk commercial e-mail), pornography, and copyright infringement. Any sites found to contain, promote, or link to such content are subject to immediate removal from our service. To report a violation of this agreement, please e-mail . Acceptable Use Policy / Terms of Service Agreement explicitly states the terms and conditions governing the use of the services, including technology and content, of Nycia.
• Clients may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ('spam') in a way that could be reasonably expected to adversely impact the Nycia Network, including, without limitation, using an e-mail account on Nycia's network to send spam or bulk e-mail, or using the service of another provider to send spam or to promote a site hosted on or connected to the Nycia Network. In addition, Clients may not use the Nycia Network in order to (a) send e-mail messages which are excessive and/ or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, 'mailbombing', (e) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (f) use an e-mail box exclusively as a storage space for data (g) Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.

Usenet

• Clients who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Clients may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as 'Usenet spam'), (b) cancel or supersede posts not originally posted, unless done so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.

Suspension; Termination

• Any Client which Nycia determines to have violated any element of this policy or any policy that Nycia has posted shall receive a written warning, and may be subject at Nycia's discretion to a temporary suspension of service pending such Client's agreement in writing to refrain from any further violations; provided, however, that if Nycia deems it necessary, it may immediately suspend or terminate such Client's service without issuing such a warning. Client's which Nycia determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice and will not receive a prorated refund as a result of the violation of this or any of Nycia's policies. To further clarify: If Nycia terminates this Client's Acount for cause, Client will remain liable for the full monthly or annual charge for the month during which service is terminated.
• Termination Without Cause, however, by Nycia may occur at any time and without notice, Nycia, in its discretion, may discontinue service in whole or in part, without cause. In such a case, the Client may be entitled to a refund under the terms.

Responsibility

• Nycia takes no responsibility for any material input by others and not posted to the Nycia Network by Nycia. Nycia is not responsible for the content of any other websites linked to the Nycia Network; links are provided as Internet navigation tools only. Should such material be posted by a Client, that Client will be solely responsible financial and otherwise to Nycia.

Indemnification

• Nycia warrants that if a Client is dissatisfied with the Nycia's service, technology, or content, upon notice from Client, Nycia will terminate the Agreement and, upon Client's request, will refund unused portions of any fees paid for future months and services, less balances due to Nycia. Setup fees and will not be refunded. Client agrees to indemnify Nycia, and its partners, parent, subsidiaries, affiliates, directors, officers, employees, agents and representatives against any and all liabilities, claims, cost, and expenses, including attorneys' fees, arising from the Client's use of the Nycia's services. This expressly includes Client's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libelous or unlawful material contained within the Client's files, messages, or other communications.

Content

• Nycia shall not be held responsible for the content of Web pages, e-mail messages, or any other files or communications created, transmitted, received or maintained by Client using any Nycia service, tool or feature. The opinions and views expressed by Client do not reflect those of Nycia or its partners, parent, affiliates or subsidiaries and Nycia does not review site pages, messages, or any other files or communications for content before they are posted. Furthermore, Nycia does not verify, endorse or otherwise take responsibility for the content of any Client site pages, messages, or any other files or communications. Client is solely responsible for all contents of all site pages, messages, or any other files or communications the Client controls through any services, tools or features provided by Nycia, and Client can be held legally liable for those contents. Neither Nycia nor its partners, parent, affiliates or subsidiaries make any guarantee as to the accuracy, correctness or completeness of any information displayed, uploaded or otherwise by Client and not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on Nycia's servers or leased servers; or losses or damages arising from the use of the content or services provided by the Nycia. Nycia may link to, or include on its Web site, resources and information provided by third parties (NOT INCLUDING ANY THIRD PARTY COOKIES ON THE NYCIA SITE). Neither Nycia nor its partners, parent, affiliates or subsidiaries make any guarantee as to the reliability of this information, nor does the inclusion of this information imply a recommendation of these services..

Trademarks and Servicemarks

• Nycia's graphics, logos, and service names used to identify Nycia's products or services are the trademarks of Nycia. Client agrees not to use Nycia trademarks in connection with the Client's, or any third party's, products or services in a way that discredits or ridicules the Nycia or infringes upon Nycia's intellectual property rights. All other brands and names used on Nycia are the property of their respective owners.

Privacy [Click here for Legal Privacy Policy]

• Any Client interacting with our site and providing Nycia with name, address, telephone number, e-mail address, domain name or URL or any other personally identifiable information permits Nycia to use such information for commercial purposes only of its own, including contacting Client about products and services which may be of interest. For each visitor to our Web Site, our Web server recognizes only the visitor's domain name, not the e-mail address. We collect information volunteered by the visitor, such as form submittals and/or site registrations. This information is used to improve the content of our Web site, it is not shared with other organizations for commercial purposes.

Selling of Information

• Nycia does not sell, rent or otherwise disclose its mailing lists to third parties. Nycia reserves the right to modify this Acceptable Use Policy at any time in its sole and absolute discretion.