IPOP.COM: Acceptable Use Policy

Terms and Conditions of Use Agreement

This Terms of Use Agreement is intended to facilitate the contractual relationship between Sun Oak, Inc. d/b/a IPOP.COM, Inc. (IPOP) and the Client and to specify client actions prohibited by IPOP. IPOP reserves the right to alter, amend or modify this policy at its sole discretion and at any time, effective upon the posting of such alterations, amendments, or modifications to this URL.

CLIENT ACKNOWLEDGES AND AGREES THAT CLIENT HAS READ THIS AGREEMENT CAREFULLY AND THAT CLIENT HAS BEEN INFORMED OF AND UNDERSTANDS THE RELEVANT PROVISIONS OF THE HOSTING AGREEMENT ("HOSTING AGREEMENT") WHICH IT MAY HAVE ENTERED INTO WITH IPOP. The provisions hereof along with the applicable provisions of the Hosting Agreement are referred to as the "Terms and Conditions." If Client does not agree to the Terms and Conditions, Client may not be allowed to use the hosting and development services of IPOP.
Client represents, warrants and covenants that: Client shall not upload, post or transmit to or distribute or otherwise publish on the site hosted by IPOP, any material which (i) restricts or inhibits any other user from using or enjoying the Internet, including, but not limited to, mass mailings, mass advertisements, mail bombing, flooding, or deliberate attempts to overload a system (ii) in IPOP’s full and sole discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, including, but not limited to, pirating or copying of software, attempting unauthorized access to or breach of data, systems or networks, unauthorized monitoring of date or network traffic, and export of technical or military data to prohibited countries (iv) violates, plagiarizes or infringe the rights of third parties including, without limitation, copyright, trademark, patent, trade secrets, proprietary information and other intellectual property rights, rights of privacy or publicity or any other proprietary right, (v) contains a computer virus or other harmful component, (vi) constitutes or contains false or misleading indications of origin or statements of fact.
Client represents, warrants and covenants that: Client or a third party on Client’s behalf will not use the IPOP network (defined as any equipment which connects to the Internet through IPOP routers, any domain for which IPOP domain names are authoritative and any IP addresses which IPOP is responsible) to distribute Unsolicited Commercial EMail (UCE), commonly referred to as “spam”, from Client’s site on IPOP servers, or use any outside network to send bulk EMail advertising Client’s site on IPOP servers. IPOP will terminate Client’s account immediately upon the receipt and positive investigation of three (3) substantiated complaints of unsolicited EMail within a one-month period, and no refund will be issued for unused service.
Client acknowledges that any products or equipment ("Equipment") and technical data (such as specifications, images, plans, and information on use, access, deployment, or functionality) of such Equipment ("Technical Data") presented on Client’s site may be subject to the export control laws and regulations of the United States and to the import control laws and regulations of foreign countries or jurisdictions. Client represents and warrants that, if necessary, Client will obtain prior written authorization from the Bureau of Export Administration of the United States Department of Commerce or other relevant agency of the United States Government, regarding any export or re_export, directly or indirectly (including by disclosing to a foreign national), of Equipment or Technical Data to (i) any country destination to which export is restricted by the Export Administration Regulations of the United States Department of Commerce; (ii) any country subject to sanctions administered by the Office of Foreign Assets Control, United States Department of the Treasury (including but not limited to its list of Specially Designated Nationals); or (iii) such other countries to which export is restricted by any other United States government agency. Client further agrees that Client is solely responsible for compliance with U.S. export laws as well as the import laws and regulations of the country of destination of the export, and any other import requirement related to a permitted export; and Client represents and warrants that Client is solely responsible for any claims, litigation or other actions arising from Client’s non_compliance with any of the foregoing export or import laws, whether foreign or domestic.
Client hereby agrees to indemnify, defend and hold IPOP, and any of its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs, including, without limitation, regulatory penalties, attorneys fees and costs incurred by the Indemnified Parties in connection with any claim arising out of Client’s site’s use of the Internet on the IPOP network or any breach by Client of the Terms and Conditions, including, but not limited to, all liability and costs to IPOP for Client’s infringement of any of Client’s warranties, representations or acknowledgments herein. Client shall cooperate as fully as reasonably required in the defense of any claim. IPOP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Client and Client shall not in any event settle any matter related hereto without the written consent of Company.
IPOP does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through Client’s site. Client acknowledges that any reliance upon any such opinion, advice, statement, memorandum, or information by viewers of Client’s site shall be at Client’s sole risk. IPOP specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of the information obtained at Client’s site.
IPOP does not and cannot review all materials posted by its Clients and the viewers of their sites, and IPOP is not responsible for any such materials posted by such users. However, IPOP reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in IPOP's sole discretion are objectionable or in violation of the Terms and Conditions.
In the event that IPOP believes that their service is being utilized by the Client or a third party on behalf of the Client in indirect or direct contravention of the terms and conditions of this Agreement, IPOP may, at any time and in its sole and absolute discretion, immediately discontinue such service to Client, without recourse except for refund of unearned prepaid service fees.
This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in the Commonwealth of Kentucky.
The Terms and Conditions constitutes the entire agreement between IPOP and Client with respect to Client’s use of the IPOP network. Any cause of action Client may have with respect to Client’s use of the IPOP network must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.