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User Guidelines
1 January 2003
These User Guidelines form an integral part of the General Terms of Business of Clearing Systems Inc. The User Guidelines have to be observed by any user accessing the services ("Services") provided by Clearing Systems Inc.
Clearing Systems Inc. may revise these User Guidelines at any time by updating this posting on its web site. You are bound by any such revisions and should therefore periodically visit this page to review the then-current User Guidelines.
1. Warranty
Clearing Systems Inc. warrants that the Services shall be provided in a professional manner. However, a user is not entitled to an uninterrupted and fault free availability to the Services at any time.
Clearing Systems Inc. reserves the right at any time and without the express consent of the user to modify, change as well as suspend Services.
Without the express consent of the user, Clearing Systems Inc. shall not pass on any personal data to third parties and shall not trade with personal data of the user.
2. Legal / Illegal Use
The user is entitled to use the Services exclusively in accordance with the applicable Anguillian and International laws and regulations.
The user is under an obligation not to use the Services provided for committing, or aiding and abetting to, any punishable offences and to take suitable measures to prevent illegal use by his employees or by members of his household. This in particular applies to matters relating to illegal games of chance, money laundering, the dissemination and accessibility of representations of violence, pornography, incitement to crime or acts of violence, interference of religious and cultural freedom or to racial discrimination.
It is prohibited to transmit, disseminate and store material or information which violates applicable law or generally accepted regulations. This includes, without limitation, all material protected by copyright laws (copyrights, trademarks), as well as confidential information, for which there is no proof of authorisation.
Likewise the dissemination of contents, which are obscene or defamatory, which as such are deemed an illegal danger, or which violate applicable export or import control laws is also prohibited.
The user is under an obligation to notify Clearing Systems Inc. immediately about deficiencies, malfunctions or interruptions of Services, installations or software, which have come to his attention, including cases of third parties' use of the Services which is illegal or contrary to any agreement (e.g. hackers).
3. System and Network Security
Offences against the system and network security are prohibited. Infringements are criminal acts, for which the user may be prosecuted or sued under criminal and/or civil law.
Clearing Systems Inc. will investigate such events and violations. Should Clearing Systems Inc. thereby identify criminal offences, then it will also inform the responsible prosecuting authorities and collaborate with them.
Examples of violations of the system or network security include the following:
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Unauthorised access to or use of data, system and network elements, including traffic probe or scan as well as deliberate testing of the vulnerability of the system or the network element or attempts to circumvent the security and authorisation measures without the prior explicit authorisation of the system or network owner.
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Unauthorised monitoring of data or traffic flows without the prior explicit authorisation of the system or network owner.
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Interference with the Service to a user, with system or network components, in particular by means of mail bombs, news disseminations (broadcasts) or other attempts to overload the system.
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Falsification of control information in TCP/IP packets (packet-headers), e.g., of the TCP/IP addresses or of information in the control part (e.g., address of sender or recipient), in an electronic message (e-mail) or in a news group entry.
The user will take the necessary, appropriate measures for the prevention of unauthorised access to other systems, against the dissemination of viruses as well as for the compliance with the applicable legal provisions.
The user is required to follow Clearing Systems Inc.'s instructions regarding connection and use of equipment to access the Services. The compliance with the applicable legal and reasonable security precautions as well as for the compatibility of the hardware and software are the users own responsibility.
4. Electronic mail and news
The transmission of nuisance mail, including unrequested, commercial advertisement or general non-personal announcements is prohibited.
The use of an outside distribution station (relay), in particular an outside mail server, for the dissemination of electronic mail messages without the prior explicit authorisation by the owner is prohibited.
The transmission of the same unrequested message to one or to several electronic distribution lists, known as "spamming", is prohibited.
The transmission or the publication of an identical or of a similar message in several electronic discussion forums (news groups), such as, e.g., the excessive cross or multiple publication (also known as "Usenet spamming", "Excessive Multi-Posting" EMP, "Excessive Cross-Posting" ECP), is prohibited, irrespective of whether the content is commercial or non-commercial.
The falsification of information of the sender or of any other information in the message header is prohibited.
5. Complaints
Complaints or messages relating to the User Guidelines set forth herein are to be directed to [email protected]
6. Responsibility and Sanctions
Clearing Systems Inc. has the right to suspend the providing of Services in the event that any action or omission on the user's part, for which the user is responsible, endangers or appears to endanger the normal functioning or the security of the network, through which Clearing Systems Inc. provides the Services, or if the user does not observe the User Guidelines herein.
The user is responsible for the content of all messages, which the user transmits through Clearing Systems Inc.'s network.
The user will hold Clearing Systems Inc. harmless in case of any third parties' claims made against Clearing Systems Inc. in connection with the transmission or storage of messages from the user's part.
The user is liable to Clearing Systems Inc. for loss of or damage to the hardware and software which Clearing Systems Inc. makes available to the user. Without the prior written authorisation of Clearing Systems Inc., the user is not permitted to make any modifications to the hardware or software made available.
7. Severability
Should one of the provisions of these User Guidelines prove to be invalid, then it shall be replaced by another provision matching as closely as possible the purpose originally intended.
8. Termination of Services
Clearing Systems Inc. has the right to terminate without notice any (free or paying) Service if the user contravenes legal provisions, the General Terms of Business or these User Guidelines.
Unless otherwise agreed, Clearing Systems Inc. may terminate a Service by giving 30 days notice in writing (including by e-mail).
Clearing Systems Inc. assumes no liability for any direct or indirect damage in connection with the termination of a Service.