Without exception, Nicgrab.com and Contractor decry the practice of mass-mailing unwanted email solicitations of any type, regardless of content, and we will do everything within our power to reduce the flood of this type of traffic across the Internet.

To this and similar ends, we have instituted the following policies;

Unsolicited Bulk Email (popularly known as "spam")

• Any electronic mail customer who sends unsolicited advertisements or solicitations, commercial or otherwise, may have their account disabled and be disallowed further service.

   

• The electronic mail customer is responsible for ensuring that the services obtained from Nicgrab.com and Contractor are used in an appropriate manner. Therefore, the electronic mail customer must take steps to manage the use of the services obtained in such a way that network abuse is minimized. The electronic mail customer must also make contact information publicly available, and must respond in a timely manner to any complaints.

   

• In extreme cases, Nicgrab.com and Contractor operations personnel have the option to immediately disable any account in order to forestall further abuse or damage to email systems.

   

• Unsolicited advertisements or solicitations sent from other networks which reference email accounts hosted at Contractor shall be treated as if they originated from the account referenced, unless there is sufficient reason given for Contractor operations staff to believe that the message truly originated with some unrelated party.

   

• Likewise, postings made to the Usenet newsgroups or other online forums which reference email accounts hosted at Contractor, and are deemed to be inappropriate according to the local ethical standards of that forum, may be treated in the same manner as unsolicited bulk email above.

Filtering of Incoming Email

• As owner of the equipment and other resources utilized to provide services, Contractor has the legal right to block electronic communications from other entities on the Internet.

   

• Customers should be aware that such blocking or filtering may take place if deemed necessary by designated members of the Contractor operations staff (or a third party chosen by Contractor and made known to the Customer.) Whenever possible, the party being blocked shall be made aware of such action before it occurs.

Illegal Activities

• Services offered may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or of state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statue.

   

• Nicgrab.com and Contractor reserve the right to cooperate with law enforcement and other legal authorities in investigating claims of illegal activity.

   

• Nicgrab.com and Contractor will not release any information regarding our customers (excepting that which is public knowledge, such as the WHOIS database) to any third party except upon presentation of a valid court order from a government or legal entity with proper jurisdiction. The customer agrees that Nicgrab.com and Contractor's judgement as to the validity of any such order shall be considered proper and final.

Right to Damages

• Nicgrab.com and Contractor consider most instances of unsolicited bulk email to be a theft of services and reserves the right to prosecute originators of same in a court of law.

   

• Nicgrab.com and Contractor reserve the right to collect damages (software, hardware, and man hours) if any harm is done to our network or equipment which requires repair or reconfiguration of any kind.

   

• If deemed appropriate by Nicgrab.com and Contractor, the customer will be billed not less than $500 per individual complaint received by Nicgrab.com and Contractor staff.

   

• In addition, Nicgrab.com and Contractor reserve the right to collect punitive damages in recompense for any perceived loss of brand reputation.

  Nothing contained in this document shall be construed to limit action Nicgrab.com or Contractor may take or remedies available to either of us in any way with respect to any of the described conduct. Nicgrab.com and Contractor reserve the right to take any additional actions we may consider appropriate with respect to such conduct, including without limitation taking action to recover costs and expenses of identifying offenders and removing them from our network or systems, and levying cancellation charges to cover costs in the event of disconnection for the causes outlined in this Policy document. In addition, Nicgrab.com and Contractor reserve at all times all rights and remedies available to us with respect to such conduct at law or in equity.

  Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Nicgrab.com and Contractor reserve the right to enforce such policy or rule at their sole discretion.