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Back Acceptable Usage Policy oceanfree.net's editors periodically attempt to review every site on its website and apply its best endeavours to exclude listings for pornographic, violent sites, or sites which would bring the name of oceanfree.net into disrepute. However, oceanfree.net does not accept any responsibility for the content of the web sites listed, as it is the nature of the Internet generally, that certain sites may change quickly and without notice. Nor does oceanfree.net accept any responsibility for links from the sites listed in its directory or search engine to third party sites. Good practice in the Internet service provision industry requires service providers to formulate and adapt usage policies for their customers. The information superhighway is a challenging and valuable resource which is however, capable of abuse. oceanfree.net has adopted as the cornerstone of its Acceptable Usage Policy the core principle that no customer shall use its services for any activity, which contravenes the laws of Ireland or any other applicable jurisdiction, or to create, host or transmit offensive or obscene material. Accordingly customers may not use Esat Fusion's services to engage in activities which:-
oceanfree.net reserves the right to take any action it deems in its - sole discretion necessary to ensure its customers adhere to its Acceptable Usage Policy. Such action may include, inter alia, the suspension, interruption, restriction or termination of service by Esat Fusion. In such circumstances, oceanfree.net will take such steps, which, at its sole discretion, it considers reasonable and appropriate. The oceanfree.net Acceptable Usage Policy has been formulated with the following goals in mind, to:
Accordingly, the following rules shall apply while you the user use our service(s): 1. The use of any oceanfree.net service for illegal purposes (or to solicit any illegal act) is strictly prohibited. Further, the regulations promulgated by the Irish Securities and Exchange Commission shall apply to the use of the website and any rules of any national or other securities exchange. The Customer agrees not to use oceanfree.net Email Service to interfere with or disrupt any networks connected to the Email Service. 2. Pornographic, obscene, nude, graphically violent, and other inappropriate images which bring our website into disrepute are e strictly prohibited. 3. Defamatory, libelous, hateful, pornographic, profane or obscene language is strictly prohibited. 4. Offensive and indecent Customer names, screen names, or handles (nicknames) are not allowed and will be prohibited. In the event that any such misleading Customer profiles, Customer names, screen names, or handles appear on the service, they will be immediately removed and or disabled. 5. Solicitation of gambling is strictly prohibited. 6. You shall not disrupt the flow of a discussion in a chatroom environment by repeatedly posting the same message or image or posting excessively large images to the users of a site. 7. Parents of children under the age of eighteen years of age should be aware that the use of the website appeals to a broad audience and accordingly, as a parent or legal guardian it is your responsibility to determine whether any feature of the service is appropriate or otherwise for your child. 8. Impersonation of others, including but not limited to, an oceanfree.net employee, agent, or oceanfree.net customer is prohibited. Accordingly, any customer names or handles that are impersonated may be blocked, removed or disabled. 9. Esat Fusion, may elect at its sole discretion to monitor some, all, or no areas of the service for adherence to these terms and conditions as amended from time to time.. You, the user and customer acknowledge that by oceanfree.net providing you with the means to distribute your content. oceanfree.net is acting as a passive conduit for such distribution and that oceanfree.net is not assuming any obligation or liability in relation to any content or activities in community applications as described in more detail in Esat Fusion's Disclaimer. 10. It is Esat Fusion's policy to respect the privacy of its Customers. Users acknowledge that oceanfree.net may disclose personal registration information/data in the aggregate to third parties as described in our Privacy Policy. Further, oceanfree.net reserves the right to edit or disclose the contents of your private communications to the Irish gardai or other law enforcement authorities, if in the opinion of Esat Fusion, this action is necessary to: (i) ensure compliance with Irish law and or comply with any legal process served on Esat Fusion; or (ii) to protect and defend the rights or property of Esat Fusion; or (iii) act in such a way so as to protect the personal safety of Esat Fusion's Customers or the general public. 11. oceanfree.net is not responsible for any user-generated content. We reserve the right to remove and or disable any homepages or other user generated content, which violates the terms and conditions or this Acceptable Usage Policy. Customers are legally responsible for the content of their Personal Homepages including, but not limited to, the use of copyrighted material, or posting material considered indecent for minors (being those persons under the age of eighteen) on the website. 12. You and any person who has access to your Account must evaluate and bear the risk associated with, the accuracy, completeness or usefulness of any message, information, text, data or other materials ("Content"). oceanfree.net reserves the right to remove or disable any Content which is deemed in its sole discretion to be unlawful, harmful, defamatory, hateful, offensive, or otherwise objectionable in violation of these terms and conditions. The Customer agrees not to use oceanfree.net for chain letters, junk mail, unsolicited bulk mail, or any type of Spamming. 13. Customer access will be prohibited if any of the following activities occur as a result of your use of the Service i.e.
14. If oceanfree.net becomes aware of the presence of copyright infringing material on its servers either in the course of its ordinary business activities or by notification from a third party, the Customer responsible for the page with the infringing material will, at Esat Fusion's sole discretion, have the offending home page immediately, removed, disabled or deleted. If the Customer fails to remedy this breach with immediate effect, then oceanfree.net shall be entitled to remove, disable or delete the offending homepage and revoke the Customer's account. 15. WE RESERVE THE RIGHT TO TERMINATE ANY CUSTOMER AT ANY TIME FOR ANY REASON. Customers shall accept individual responsibility for their account. We expect customers to adhere to reasonable security standards. For example, customers shall not share passwords, leave passwords lying around in plain text, or otherwise compromise the security of their account. Unless we have reason to believe an account has been broken into by means beyond the customers' control, we shall hold the Customer responsible for policy violations stemming from the account. The Customer hereby agrees to indemnify and hold oceanfree.net harmless from any claims, costs, damages, loss or expenses of whatsoever nature arising by third parties alleging that use of the oceanfree.net network and/or the oceanfree.net connection through use of the Customer's account has infringed
The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgments incurred by Esat Fusion. Further, the Customer shall provide oceanfree.net with notice of any claims of such nature, which come to its attention without limitation to the foregoing. The Customer acknowledges that oceanfree.net is unable to exercise control over the content of the information passing over the oceanfree.net connection and/or the oceanfree.net network and oceanfree.net hereby excludes itself from all liability of any kind howsoever arising, from the transmission and or reception of infringing information of whatever nature. Specifically, Customers shall not: 1. Share your password with anyone or allow anyone else to use your personal use account, except in your presence and with your consent. 2. Tamper with other customer accounts, or commit unauthorized intrusion into any part of Esat Fusion's system, services network or use any of Esat Fusion's machines, or files to intrude without authorisation into any other system (cracking ). 3. Use services for which you have not paid. 4. Use the Service willfully or negligently in a manner that encumbers disk space, processors or other system resources so as to interfere with the normal use of services by other users on oceanfree.net or on other systems (a "denial of services" attack). 5. Create or participate in chain letters or pyramid schemes. 6. Harass users (on oceanfree.net or elsewhere). Examples of harassment include sending email or real-time messages to a user who has asked explicitly and unambiguously that you not do this. Publishing someone's real-world data (phone number, address etc.) in a news group or on the web, etc. in such a way as to cause the person trouble or to incite others to do so (even if you do not do it yourself) is strictly prohibited. Demonstrating that the information you published is available, a phone directory or elsewhere is not a defense to this kind of harassment. 7. Abuse the services of a remote server, [or violate a remote system's terms of service while connected to that service from your oceanfree.net account. 8. Send unsolicited mass messages or unsolicited subscriptions with a "negative option" for continuation. (The negative option is one where you invite people who do not wish to receive further contact to reply to you.) 9. Run daemons (A daemon is a program that runs continuously and exists for the purpose of handling periodic service requests that a computer system expects to receive), MUDs (Multi User Dungeon), BOTs (Robots) or other background processes. We reserve the right to terminate any account for other kinds of nontrivial misbehaviour, or for any breach of the terms of this Acceptable Usage Policy. In all of these matters, oceanfree.net shall have sole discretion to terminate a Customer Account. We reserve the right to change the terms of our Acceptable Usage Policy at any time without prior notice and it is the responsibility of the Customer to update itself of the Acceptable Usage Policy. Customers who find any of the foregoing and following terms and conditions unclear and who accordingly require further clarification are requested to contact Esat Fusion's Customer Service Department before subscribing for the Service. Advertising Policy Advertisers assume full liability for the content of advertisements published and/or any claims arising from them against the publisher, Esat Fusion. Advertisers hereby undertake in producing advertisement for publication on Esat Fusion's website not to:
oceanfree.net - Privacy Policy STATEMENT The Internet contains a wealth of information. Unfortunately, it may also contain personal details about you that you do not want everyone to know. For example, your real name (lots of people on the Internet use aliases, alter egos or nicknames), street address, phone number, or e-mail address. Also, when you go online, sites you visit may be gathering information about you-without your knowledge. Esat Fusion's policy is to respect and protect the privacy of our Customers. oceanfree.net will never willfully disclose individually identifiable information about its Customers to any third party without first receiving that Customer's permission. This policy statement tells you how we collect information from you and how we use it. oceanfree.net shares information about our Customers with advertisers, business partners, sponsors and other third parties. However, in most cases, we talk about our Customers in aggregate, not as individuals. For example, we will say Esat Fusion's audience is 'x' percent females and 'y' percent males. This data is used to customise oceanfree.net content and advertising for our Customers. There are cases where oceanfree.net may ask you for personal information such as your name or address. We do this when you register for contests/promotions or services that require registration or subscription (for example, chat or e-mail). oceanfree.net needs to collect this information for fulfilling prizes, tracking/verifying compliance with oceanfree.net policies as well as any applicable laws and/or for editorial and feedback solicitation purposes. When we intend to use your personal information, we tell you up front. This way you can decide whether you want to give us the information or not. For example, we may want to post the names of contest winners on our site or send you materials via e-mail or regular mail at your request. In case you change your mind or some personal information may change (such as your marital status), we will endeavor to provide a way to correct, update or remove the personal data you give us. Customers acknowledge that oceanfree.net may disclose certain registration information in the aggregate to third parties as described herein. oceanfree.net reserves the right to edit or disclose the contents of your private communications to the Gardai or other international law enforcement authorities, if in Esat Fusion's opinion such action is reasonably necessary to: (i) comply with the laws of Ireland or comply with legal process served on Esat Fusion; (ii) protect and defend the rights or property of Esat Fusion; or (iii) act in such circumstances as to protect the personal safety of Esat Fusion's Customers or the general public. Upon your first visit to Esat Fusion, oceanfree.net sends a "cookie"1 to your computer. A cookie is a file that identifies you as a unique Customer. It may store personal preferences and Customer data. In no way does this tell us that you're "Bob Smith." oceanfree.net has two primary uses for its cookies. First, we use them to specify unique preferences. We use cookies to track Customer trends and patterns. This helps us better understand and improve areas of the oceanfree.net service that our Customers find valuable. While both of these activities depend on the use of a "cookie," visitors to oceanfree.net always have the option of disabling cookies via their browser preferences. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, note that some parts of the oceanfree.net service may not function properly if you refuse cookies. Users should be aware that when you are using the service you could be directed to other sites that are beyond our control. There are links to other sites from oceanfree.net pages that take you outside our service. For example, if you "click" on a banner advertisement or an oceanfree.net search result, the "click" may take you off the oceanfree.net site. This includes links from advertisers, channel sponsors and partners that may use Esat Fusion's logo as part of a co-branding agreement. These other sites may send their own cookies to Customers collect data or solicit personal information. Always be aware of where you end up! Please keep in mind that whenever you give out personal information online- example, via message boards or chat- information can be collected and used by people you don't know. While oceanfree.net strives to protect its Customer's personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk. Esat Fusion's policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Esat Fusion's control, and is not to be applied in any manner contrary to applicable law or governmental regulation. We reserve the right at our discretion to make changes to this policy at any time. Please check this page periodically for changes. 1A message given to a Web browser by a Web server. The browser stores the message in a text file called for example cookie.txt. The message is then sent back to the server each time the browser requests a page from the server. The main purpose of cookies is to identify users and possibly prepare customized Web pages for them. When you enter a Web site using cookies, you may be asked to fill out a form providing such information as your name and interests. This information is packaged into a cookie and sent to your Web browser, which stores it for later use. The next time you go to the same Web site, your browser will send the cookie to the Web server. The server can use this information to present you with custom Web pages. So, for example, instead of seeing just a generic welcome page you might see a welcome page with your name on it. The name cookie derives from UNIX objects called magic cookies. These are tokens that are attached to a user or program and change depending on the areas entered by the user or program. Cookies are also sometimes called persistent cookies because they typically stay in the browser for long periods of time. Contract 1. Interpretation In this Agreement: 'Acceptable Usage Policy', means the usage policy as available on Esat Fusion's web site. oceanfree.net may amend this policy from time to time. 'Agreement' means this Agreement and Esat Fusion's Acceptable Usage Policy, Advertising Policy, Privacy Policy and Indemnity (as varied and amended from time to time) and any other terms and conditions appearing online 'Customer' means the person using the Service. 'Internet' means the global data network comprising interconnected networks using the TCP/IP protocol suite. 'Internet Standards' means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any other applicable protocols and standards. 'Esat Fusion' means Esat Telecommunications Limited (trading as Esat Fusion) of 1 Grand Canal Quay, Dublin 2 and registered under Company registration number 141524. 'Service' means the Service or Service(s) as indicated on a registration form prepared for that purpose (the "Registration Form") as having been selected by the Customer from the range of services and facilities offered by oceanfree.net to Customers and which may be varied, modified or extended from time to time by agreement between oceanfree.net and the Customer. Software means any software provided by oceanfree.net to enable the Customer to access or use the Service. 2. Provision Of The Service oceanfree.net will provide the Customer with the Service on the terms of this Agreement. oceanfree.net will provide the Service with the reasonable skill and care of a competent telecommunications service provider providing a comparable service. Occasionally oceanfree.net may: (a) change the technical specification of the Service, provided that any change to the technical specification does not materially affect the performance of the Service; or (b) suspend the Service for operational reasons such as repair, maintenance or improvement of the Service or because of an emergency, but before doing so will give as much online, written or oral notice as is reasonably practicable. oceanfree.net will restore the Service as soon as it reasonably can after suspension. oceanfree.net reserves the right to cancel the Service for any reason or restrict the availability of the Service. With the exception of the Software, the Customer is responsible for providing suitable computer hardware, software and telecommunications equipment and services necessary to access and use the Service. This Agreement does not include the provision of telecommunications services necessary to connect to the Service. 3. Security oceanfree.net reserves the right to suspend the Customer's ID and/or password and/or access to the Service if at any time oceanfree.net considers that there is or is likely to be a breach of security, or breach of the terms and conditions of this Agreement. oceanfree.net reserves the right (at its sole discretion) to require the Customer to change any or all of the passwords used by the Customer in connection with the Service 4. Use of the Service The Service is provided solely for the Customer's own use and benefit and the Customer shall not resell or attempt to resell the Service (or any part or facility of it) to any third party. The Customer is solely responsible for evaluating any goods (including software) or services offered by third parties via the Service. oceanfree.net will not be a party to or in any way responsible for any transactions between the Customer and third parties. The Service must not be used: (a) to send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights; or (b) to cause annoyance, inconvenience or needless anxiety; or (c) to send or provide unsolicited advertising or promotional material or to receive responses to any unsolicited advertising or promotional material sent or provided using the Service by any third party; or other than in accordance with the acceptable use policies of any connected networks and the Internet Standards. If the Customer or anyone else, with or without the Customer's knowledge or approval, uses the server capacity or the Software made available to it in any way which, in Esat Fusion's opinion, is, or is likely to be, detrimental to the provision of the Service to the Customer or any other customer and fails to take corrective action within a reasonable period of receiving notice from Esat Fusion, oceanfree.net may treat the contravention as a material breach of this Agreement which cannot be remedied for the purposes of paragraph 8. 5. Internet The Service enables access to the Internet. The Internet is independent of the Service and oceanfree.net and use of the Internet is solely at the Customer's risk and subject to all applicable laws. oceanfree.net has no responsibility for any information, software, services or other materials obtained by the Customer using the Internet. 6. Limitation Of Liability oceanfree.net shall have no obligation, duty or liability whatsoever in contract, tort or otherwise to the Customer (or to anyone claiming through the Customer). Under no circumstances shall oceanfree.net be liable to the Customer (or to anyone claiming through the Customer) in contract, tort or otherwise (including any liability for negligence), for any loss of revenue, business, contracts, anticipated savings or profits or any direct, indirect or consequential loss whatsoever (whether or not foreseeable). oceanfree.net shall have no liability under this Agreement for the acts and omissions of other public telecommunication operators. The Customer accepts that oceanfree.net has no control over the content of information that is transmitted and made available on the Internet and that the security of the Internet as a communication medium, or as a medium for purchasing or payment cannot be guaranteed. oceanfree.net shall make reasonable efforts to prevent unauthorised access to the Service(s) by third parties but shall have no liability to the Customer for any unauthorised access to the Customer's personal information and computer system. 7. Matters Beyond Either Parties' Reasonable Control oceanfree.net shall not be liable for any loss or damage which may be suffered if oceanfree.net cannot do what is promised under this Agreement because of something beyond Esat Fusion's reasonable control such as any act of God, lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done or omitted to be done by government or other competent authority or by any telecommunication operators or industrial disputes or labour disturbances of any kind (including those involving Esat Fusion's employees). 8. Breaches Of This Agreement Either party may terminate this Agreement or the provision of Service (in whole or in part) under it without notice if the other:
If either party delays in acting upon a breach of this Agreement that delay will not be regarded as a waiver of that breach. If either party waives a breach of this Agreement that waiver is limited to that particular breach. 9. Changes To This Agreement oceanfree.net may, from time to time, amend the Conditions of this Agreement, whereby a copy will be available on our website. 10. Assignment Neither party may assign or transfer any of their rights or obligations under this Agreement, without the written consent of the other, except that oceanfree.net may assign its rights or obligations (or both) to an oceanfree.net Group Company without consent. 11. Notices oceanfree.net shall give notices under this Agreement via the "Esat Fusion" website and any other means of communication which oceanfree.net deems appropriate. Customer shall give notices to oceanfree.net at the address of Esat Fusion's office as aforementioned or via the applicable link on the "Esat Fusion" website; 12. Data Protection In accordance with the provisions of the Data Protection Act 1988, any information obtained by oceanfree.net through an application for the Service(s), or through the use of the Service(s) may be accessed by Esat Fusion, its associated and or any affiliated companies,for its internal purposes, and (subject to the right of the Customer to request otherwise in writing to Esat Fusion) may be used by Esat Fusion, it associate and affiliated companies to identify other products and services which may be offered to the Customer by either Esat Fusion, its associate and affiliated companies or relevant third parties. oceanfree.net may disclose any information so obtained to any person where this is necessary for the provision of the Service(s) or to any person who assumes the rights of oceanfree.net under this Agreement and to any credit reference agency or bureau. 13. Law This Agreement shall be governed by and construed in in accordance with the law of Ireland and each Party hereby submits to the exclusive jurisdiction of the Irish Courts.
Disclaimer Customer's Duty: The Customer shall ensure that 1. Parents of children under the age of eighteen are aware that this product is designed to appeal to a broad audience. Accordingly, as a parent or legal guardian it is you're the Customer's responsibility to determine whether any feature of the product is appropriate for your child. 2. the Information complies with Customer's needs; 3. the Customer has legal rights to store, reproduce or otherwise make use of Information in the manner contemplated by Customer; 4. They comply with any legal obligations, including but not limited to, obligations imposed by copyright, secrecy, defamation, decency, and export laws; 5. The do not isolate Information, execute anti-contamination software and otherwise take steps to ensure that Information, if contaminated or infected, shall not damage Customer's information or system. INFORMATION Not Warranted Or Guaranteed In Any Way INFORMATION IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. oceanfree.net MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO oceanfree.net OR ANY INFORMATION.' oceanfree.net does not warrant or guarantee: 1. the accuracy, adequacy, quality, currentness, correctness, validity, completeness, or suitability of any Information for any purpose; 2. that any Information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 3. that the Information will not contain adult-oriented material, or material which some individuals may deem objectionable; or 4. that the functions or services performed by oceanfree.net will be uninterrupted or error-free or that defects in oceanfree.net will be corrected. No oceanfree.net Liability In no event shall oceanfree.net be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the Information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of the Information. oceanfree.net will not be responsible if any Information infects or contaminates a Customer's system or information. The entire risk as to the quality and performance of oceanfree.net and the accuracy, adequacy, completeness, currentness, correctness, validity and quality of any Information is with the Customer.
IN NO EVENT SHALL oceanfree.net BE LIABLE TO ANY PARTY (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE oceanfree.net OR ANY 'INFORMATION', EVEN IF oceanfree.net SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS,OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY 'INFORMATION. |
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