5. GENERAL RULES OF CONDUCT
You acknowledge and agree that: 1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. 2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. 3. You will not use this Site or the Services in a manner (as determined by Silver Rack in its sole and absolute discretion) that: • Is illegal, or promotes or encourages illegal activity; • Promotes, encourages or engages in child pornography or the exploitation of children; • Promotes, encourages or engages in terrorism, violence against people, animals, or property; • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; • Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; • Infringes on the intellectual property rights of another User or any other person or entity; • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; • Interferes with the operation of this Site or the Services found at this Site; • Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging or limiting the functionality of any software or hardware; or • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Silver Rack or Silver Rack’s Services. 4. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by Silver Rack. 5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies. 6. You will not access Silver Rack Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Silver Rack may designate. 7. You agree to back-up all of your User Content so that you can access and use it when needed. Silver Rack does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content. 8. You will not re-sell or provide the Services for a commercial purpose, including any of Silver Rack’s related technologies, without Silver Rack’s express prior written consent. 9. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested. 10. You are aware that Silver Rack may from time-to-time call you about your account. You will be informed about such recording, purposes thereof, as well as any other information will be provided to you as required by applicable law. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding, in which Silver Rack is a party. Silver Rack reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
6. YOUR USE OF SILVER RACK CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section apply specifically to your use of Silver Rack Content and User Content posted to Silver Rack’s corporate websites (i.e., those sites which Silver Rack directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites. Silver Rack Content. Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Silver Rack Content”), are owned by or licensed to Silver Rack in perpetuity, and are subject to copyright, trademark, and/or patent protection in the England and Wales and foreign countries, and other intellectual property rights under England and Wales and foreign laws. Silver Rack Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Silver Rack. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Silver Rack reserves all rights not expressly granted in and to the Silver Rack Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights. User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to Silver Rack that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Silver Rack Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Silver Rack Content or the User Content therein.
7. SILVER RACK’S USE OF USER CONTENT
The provisions in this Section apply specifically to Silver Rack’s use of User Content posted to Silver Rack’s corporate websites (i.e., those sites which Silver Rack directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites. Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it. With Respect to User Submissions. You acknowledge and agree that: 1. Your User Submissions are entirely voluntary. 2. Your User Submissions do not establish a confidential relationship or obligate Silver Rack to treat your User Submissions as confidential or secret. 3. Silver Rack has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions. 4. Silver Rack may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action. Silver Rack shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else. With Respect to User Content (Other Than User Submissions). If you have a website or other content hosted by Silver Rack, you shall retain all of your ownership or licensed rights in User Content. By posting or publishing User Content to this Site or through the Services, you authorize Silver Rack to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant Silver Rack a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Silver Rack’s (and Silver Rack’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Silver Rack may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Silver Rack shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Silver Rack’s (or Silver Rack’s affiliates’) business(es).
8. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
Silver Rack generally does not pre-screen User Content (whether posted to a website hosted by Silver Rack or posted to this Site). However, Silver Rack reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Silver Rack may remove any item of User Content (whether posted to a website hosted by Silver Rack or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Silver Rack in its sole and absolute discretion), at any time and without prior notice. Silver Rack may also terminate a User’s access to this Site or the Services found at this Site if Silver Rack has reason to believe the User is a repeat offender. If Silver Rack terminates your access to this Site or the Services found at this Site, Silver Rack may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
9. ADDITIONAL RESERVATION OF RIGHTS
Silver Rack expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Silver Rack in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Silver Rack in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Silver Rack, its officers, directors, employees and agents, as well as Silver Rack ’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Silver Rack. Silver Rack expressly reserves the right to terminate, without notice to you, any and all Services where, in Silver Rack’s sole discretion, you are harassing or threatening Silver Rack and/or any of Silver Rack’s employees. Silver Rack expressly reserves the right to access, edit, and (or) in any other way modify your Account and (or) Services, including but not limited to, User Submissions and User Content, in order to assist you when you reach out to the Customer Service via live chat, email or ticketing system or any other way described in Customer Service Policy. Silver Rack shall not be liable for any loss or damage resulting from such actions.
10. NO SPAM; LIQUIDATED DAMAGES
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation. We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following: • Email Messages • Newsgroup postings • Windows system messages • Pop-up messages (aka “adware” or “spyware” messages) • Instant messages (using AOL, MSN, Yahoo or other instant messenger programs) • Online chat room advertisements • Guestbook or Website Forum postings • Facsimile Solicitations • Text/SMS Messages We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number. If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services until customer responds. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question. We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email firstname.lastname@example.org
Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.