Total EPAY ACCEPTABLE USE POLICY - AUP

• This is the EPAY Acceptable Use Policy. This document contains information about what type of behavior is and is not allowed on the EPAY Network. If you have any questions, please contact us.
• Background
  • From time to time EPAY may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted on this page.
  • The AUPs are not exhaustive and EPAY reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to www.totalepay.com/ or notification of the modified AUPs. By registering for and using the services, and thereby accepting the terms and conditions of the Master Services Agreement or its equivalent, you agree to abide by the AUPs as modified from time to time.
• Any violation of the AUPs may result in the suspension or termination of your account or such other action as EPAY deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.
  
• VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM EPAY. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS EPAY'S POLICY TO TERMINATE REPEAT INFRINGERS. EPAY RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.
• System And Network Security.
• Violations of system or network security are prohibited, and may result in criminal and civil liability. EPAY may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
  • (a) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
  • (b) Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
  • (c) Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.(d) Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
  • (e) Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by EPAY. Such labor is categorized as emergency security breach recovery and is currently charged at $195 USD per hour required. Enquiries regarding security matters may be directed to support@totalepay.com.
• EPAY is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, EPAY urges its Merchants to assume that all of their online communications are insecure. EPAY cannot take responsibility for the security of information transmitted over EPAY's facilities.
• Password Protection. The Merchant is responsible for protecting Merchant's password and for any authorized or unauthorized use made of Merchant's password. The Merchant will not use or permit anyone to use EPAY's service to guess passwords or to access other systems or networks without authorization. EPAY will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
• Copyright Infringement. Software Piracy Policy.
  The EPAY network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or 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 other intellectual property rights.
  
  Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.
  
  In compliance with the Digital Millennium Copyright Act (the "DMCA"), please send DMCA notifications of claimed copyright infringements to:Total ePay, 445 Park Ave., Suite 1904, New York, NY 10022, or support@totalepay.com. EPAY will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.
  

• Network Responsibility.
• Merchants have a responsibility to use the EPAY network responsibly. This includes respecting the other Merchants of EPAY. EPAY reserves the right to suspend and or cancel service with any Merchant who uses the EPAY network in such a way that adversely affects other EPAY Merchants. This includes but is not limited to:
  • (a) Attacking or attempting to gain unauthorized access to servers and services that belong to EPAY or its Merchants (i.e. computer hacking), and/or,
  • (b) Participating in behavior which result in reprisals that adversely effect the EPAY network or other Merchants' access to the EPAY network.
  • (c) EPAY will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc.
    Any unauthorized use of accounts or computers by a EPAY Merchant, whether or not the attacked account or computer belongs to EPAY, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or Merchant, of EPAY is strictly prohibited. Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm.
  • Lawful Purpose. 
    All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: state, federal, and international banking regulatory laws; copyrighted material or material protected by trade secret and other statute; or dissemination of harmful or fraudulent content. Using any EPAY service or product for the purpose of participating in any activity dealing with subject matters that are prohibited under applicable law is prohibited. 
    
    Any conduct that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of EPAY services or products is prohibited. Using the EPAY network to solicit the performance of any illegal activity is also prohibited, even if the activity itself is not performed. In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited. 
    
    Servers hosted within EPAY network are open to the public. You are solely responsible for your usage of the EPAY network and servers and any statement you make on servers hosted within the EPAY network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.
  • Suspension. EPAY reserves the right to suspend network access to any Merchant if, in the judgment of the EPAY network administrators, the Merchant's server is the source or target of the violation of any of the other terms of the AUPs or for any other reason which EPAY chooses. If inappropriate activity is detected, all accounts of the Merchant in question will be deactivated until an investigation is complete. Prior notification to the Merchant is not assured. In extreme cases, law enforcement will be contacting regarding the activity. The Merchant will not be credited for the time the Merchant's machines were suspended. The Merchant will be credited on a prorated basis based on the monthly fees the Merchant pays for the servers that are suspended for the time the Merchant's machines were suspended.
    
  • Cancellation. EPAY reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the Merchant in question will be deactivated until an investigation is complete. Prior notification to the Merchant is not assured. In extreme cases, law enforcement will be contacting regarding the activity. All fees paid in advance of cancellation will be prorated and paid by EPAY if EPAY institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the Merchant (i.e. transfer, space etc.). 
    
  • Indemnification. EPAY wishes to emphasize that in signing the Master Services Agreement or its equivalent, Merchant indemnifies EPAY for any violation of the Master Services Agreement or its equivalent, law or AUP that results in loss to EPAY or the bringing of any claim against EPAY by any third-party. This means that if EPAY is sued because of a Merchant's or a Merchant of a Merchant's activity, the Merchant will pay any damages awarded against EPAY, plus costs and reasonable attorney's fees.
  • Disclaimer of Responsibility. EPAY is under no duty to look at each Merchant's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. EPAY disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy. All Sub-Networks, resellers and managed servers of EPAY must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.
  • INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, THIS WILL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.