TERMS OF SERVICE (TOS)

TERMS OF SERVICE (TOS)

AnSky Grid ACCEPTABLE USE POLICIES AND TERMS OF SERVICE FOR CUSTOMERS

Persons obtaining SERVICES from AnSky Grid or possible future affiliated entities agree to the following terms governing usage (these terms are referred to herein as AnSky Grid’s “Acceptable Use Policy”).

These terms are in addition to terms to be agreed to for other possible services that may be procured from AnSky Grid.

1. NO RESPONSIBILITY FOR CONTENT

AnSky Grid (the “Service”) provides server use for a 3D online world; AnSky Grid has no responsibility for the content that you access through the Service and does not guarantee the accuracy, integrity or quality of such content; AnSky Grid assumes no responsibility for the timeliness, deletion, or failure to store any user communications, personalization settings, or content.

2. PRIVACY AND SECURITY

Information regarding your service usage that is available to AnSky Grid will be maintained in confidence except for disclosures required by law (e.g., a lawful subpoena), disclosures you agree to, disclosures of general information on usage that does not refer to the user’s identity, and disclosures for billing, collection or enforcement purposes. You are responsible for maintaining the confidentiality of any password and account credentials, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify AnSky Grid of any unauthorized use of your password or account or any other breach of security, if this effects your services from AnSky Grid.

3. MEMBER CONDUCT

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Customer is solely responsible for all Content that Customer uploads, posts, instant messages or otherwise transmits via the Service or that may be stored by the service. Customer acknowledges that in using the Service, Customer may be exposed to Content that is offensive, indecent or objectionable in the customers opinion. AnSky Grid shall have no responsibility or liability whatsoever for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

Customer agrees not to use the Service to:

a. Upload, post, email, instant message or otherwise transmit any Content that is unlawful, harmful, harassing, defamatory, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

b. Transmit material that is intended to or is likely to cause harm to minors;

c. Impersonate any person or entity, including, but not limited to, an AnSky Grid employee or

representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e. Upload, post, email, instant message or otherwise transmit any Content that the Customer does not have a right to transmit under any law or under contractual or fiduciary relationships (including, for example and without limiting the scope of this clause, proprietary and confidential information or information protected under non-disclosure agreements);

f. Upload, post, email, instant message or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

g. Upload, post, email, instant message or otherwise transmit any unauthorized advertising, promotional materials, “junk mail,” “spam,” or “pyramid schemes”;

h. Upload, post, email or otherwise transmit messages of any type to any other recipient list obtained from a third party or where permission was not granted directly by the recipient to the sender in a clear and concise manor;

i. Use the Service to collect replies or responses from any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “pyramid schemes,” or anything which violates this acceptable use policy (including, for example and without limiting the scope of this clause, hosting websites, images, email accounts, email servers, or other electronic means used to collect responses, orders or to track receipt of messages which violate this AUP, even if message did not originate from this Service).

Sending Spam can lead to industry blacklisting of business and mail servers, IP addresses and blocks, resulting in interruption and/or termination of Customer’s Services;

j. Upload, post, email or otherwise transmit any material that contains malicious scripts and/or programs such as computer viruses, worms, Trojan horses, keyloggers, password or personal information collectors, analysis tools, network probing or scanning tools or similar computer code or materials designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment either owned by or leased by AnSky Grid or the Services affiliates (other account holder);

k. Engage in hacking, port scanning or any attempt to access any information, computer or network without proper authorization, including but not limited to accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other entities not limited to hosts, networks or accounts;

l. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service. Disrupt, degrade, harm or attempts to harm the AnSky Grid network or any of its services;

m. Intentionally or unintentionally violate any applicable local, state, federal or international law;

n. “Stalk” or otherwise harass another User or Account holder.

o. Unlawfully collect or store personal data about other users.

4. INDEMNITY

Customer shall indemnify and hold AnSky Grid and its subsidiaries, affiliates, officers, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content submitted or transmitted by Customer through the Service, Customer’s use of the Service, Customer’s connection to the Service, Customer’s violation of AnSky Grid’s Acceptable Use Policy, Customer’s violation of local, state, federal or international law, or Customer’s violation of any rights of another person or entity through use of the Service.

5. TERMINATION

AnSky Grid may, without notice to Customer, terminate Customer’s access to the Service, or any other resource provided by AnSky Grid as part of the Service, if the Service believes that Customer has violated AnSky Grid’s Acceptable Use Policy or acted inconsistently with the letter or spirit of AnSky Grid’s Acceptable Use Policy. Customer also agrees that AnSky Grid shall not be liable to you or any third-party for any termination of Customer’s access to the Service.

6. LIMITATION OF LIABILITY

AnSky Grid, the service, and the owners of said service shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits or revenues, goodwill, use, data or other intangible losses (even if AnSky Grid has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) any other matter relating to the service.

7. MISCELLANEOUS

If any provision of AnSky Grid’s Acceptable Use Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of AnSky Grid’s Acceptable Use Policy shall remain in full force and effect. The section titles in this Acceptable Use Policy are for convenience only and have no legal or contractual effect. AnSky Grid reserves the right in its sole discretion to amend, supplement or revise this Acceptable Use Policy from time-to-time.

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