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FTP Today Acceptable Use Policy (AUP)

FTP Today requires that each of its customers accept and agree to FTP Today’s Terms of Service. The Terms of Service constitute a legal agreement between the customer and FTP Today. In the Terms of Service, each customer agrees, among other things, to be bound by the terms and conditions of this Acceptable Use Policy (AUP).* This AUP also binds all users of and visitors to FTP Today’s services and Web sites: by the act of using FTP Today’s services or visiting its Web sites, all such users and visitors agree to be bound by this AUP. (Customers, users, and visitors are referred to herein collectively as “Customers.”)

Please note that this AUP is subject to change, and it is Customer’s responsibility to regularly check for modifications.

FTP Today requires that all Customers conduct themselves as good citizens of the Internet and at all times behave with respect for others. Each Customer is responsible for preventing violations of this AUP by third parties accessing FTP Today services through Customer’s computers or accounts, including without limitation hackers and Customer’s own users.

A. The following activities are expressly prohibited:

1. Anonymous FTP or any user-authenticated FTP intended to resemble anonymous FTP.
2. Distribution of software, or any other type of mass distribution of files.
3. Unauthorized access to any computer or system , including intrusion into or scanning of other FTP Today accounts.
4. Dissemination of deliberately offensive material , including any message or information that is or may be threatening, libelous, obscene, or harassing.
5. Child pornography or any other activity harmful to minors.
6. Fraud.
7. Violations of privacy rights.
8. Intellectual property infringement , including violations of copyright, trademark, or patent rights.
9. Use of third party software without a proper license or other appropriate permission, including Microsoft software.
10. Network attacks or any unfriendly effort to interfere with service on another network or server.
11. Virus distribution or distribution of any worm or other harmful code.
12. Illegal activities of any kind.
13. Hacking or perpetration of any security breach.
14. The use of HTTP server resources for any activity other than allowing users to load the FTP Today Java FTP client.

B. Adult Content:

FTP Today does NOT allow the transfer of any adult content using its service.

C. Investigations, disruptions, & security:

FTP Today reserves the right to disable service or terminate service and/or to remove content in order to investigate suspected violations of this AUP or of the Terms of Service without first giving notice. The cost of any investigation will be charged to the Customer at $99 per hour, in addition to charges for attorneys’ fees and related expenses (if any). FTP Today furthermore reserves the right to disable Customer’s service if FTP Today suspects that such service is the target of an attack or in any way interferes with services provided to other customers, even if Customer is not at fault. FTP Today does not issue refunds for terminating service due to any of the causes specified above.

Customer is responsible for the use of its service, including transfer and bandwidth, even use by unauthorized users or hackers.  Customer is responsible for maintaining security by using reasonable methods of password assignment, and for maintaining all original data files and backups. (Customer is advised to maintain backups on its own premises and to never maintain the sole copy of any file on the FTP server.)

D. Reporting AUP Violations:

FTP Today requests that anyone with information about a violation of this AUP, or of FTP Today’s Terms of Service, report it by contacting us immediately.

E. Monitoring & Disclaimers:

FTP Today has no obligation to monitor its services but may do so and may disclose information regarding use of the services for any reason, including: to satisfy laws, regulations, or governmental, legal, or law-enforcement requests; to operate such service properly; or to protect itself and its customers. FTP Today may grant law enforcement agencies access to its equipment to monitor use of its services.

FTP Today’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FTP Today DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. FTP Today MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE PROVIDED BY FTP Today OR ANY OF ITS REPRESENTATIVES WILL CREATE A WARRANTY.

FTP Today WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF FTP Today WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. FTP Today’S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO PROVISION OF ITS SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF FEES BILLED TO CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

FTP Today WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: (i) OTHER FTP Today CUSTOMERS OR THIRD PARTIES ACCESSING CUSTOMER’S DATA OR ASSIGNED COMPUTERS; (ii) SECURITY BREACHES; (iii) EAVESDROPPING; (iv) DENIAL OF SERVICE ATTACKS; (v) INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING FTP Today’S SERVICE; (vi) CUSTOMER’S RELIANCE ON OR USE OF THE SERVICE; (vii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE; (viii) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE; OR (ix) LOSS OF DATA OR LOSS OF ACCESS TO DATA.

FTP Today’s limitations and exclusions of liability apply equally to FTP Today’s officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.