Acceptable Use Policy

INTRODUCTION

This Acceptable Use Policy encourages responsible use of AMERICANEAGLE.COM's web hosting services and sets forth a range of uses of AMERICANEAGLE.COM services that are prohibited by AMERICANEAGLE.COM for its Users, generally because such uses either pose an unacceptable risk to the stability, integrity or quality of Americaneagle.com systems or the systems of its vendors, or harm to the rights and interests of third Parties. This Acceptable Use Policy supplements your Agreement with AMERICANEAGLE.COM.

AMERICANEAGLE.COM adopts a philosophy of self-regulation and offers its Users connection to local network and Internet, provided that the User accepts personal responsibility for actions taken when connected to the network and Internet.

PROHIBITED USES

User agrees to comply with all applicable local, state, national and international laws and regulations regarding the use of all services of AMERICANAGLE.COM. The following activities are expressly prohibited, and may result in account suspension, termination and/or legal action:

1. Illegal Use: Use of any AMERICANEAGLE.COM service for, or in support of, illegal purposes or activities.
2. Fraudulent Activity: Use of any AMERICANEAGLE.COM service to make fraudulent offers to sell or buy products, items, services or otherwise; or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters".
3. Forgery or Impersonation: The adding, removing, or modifying identifying network header information in an effort to deceive or mislead. Attempting to impersonate any person by using forged headers or other identifying information is also prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
4. Unsolicited Commercial E-mail ("UCE")/Unsolicited Bulk E-Mail ("SPAM"): Use of any AMERICANEAGLE.COM service to transmit any unsolicited commercial or unsolicited bulk e-mail.
5. Spyware and Other Malware: Any website containing any type of spyware or other malware. This also includes, but is not limited to, spyware or other malware residing on advertising banners on websites hosted on our network.
6. E-Mail/News Bombing: Malicious intent to impede another person's use of electronic mail services or news.
7. E-Mail/Message Forging: Forging any message header, in part or in whole, of any electronic transmission, originating or passing through the AMERICANEAGLE.COM network or service.
8. Usenet SPAMing: Posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
9. Unauthorized Access: Use of the AMERICANEAGLE.COM network or service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of AMERICANEAGLE.COM or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
10. Copyright or Trademark Infringement: Use of the AMERICANEAGLE.COM network or service to transmit any material (by e-mail, uploading, posting, linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of printed or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
11. Collection of Personal Data: Use of any AMERICANEAGLE.COM service or network to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
12. Network Disruption and Ignorant/Unfriendly Activity: Use of any AMERICANEAGLE.COM service for any activity which affects the ability of other people or systems to use the AMERICANEAGLE.COM service or network or the Internet. This includes "denial of service" ("DOS") attacks against another network host or individual user. Interference with, or disruption of, other network users, services or equipment is expressly prohibited. It is the member's responsibility to ensure that their network is configured in a secure manner. A subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
13. Net Send Spam: The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. This also includes the use of the net send utility to advertise any website, product or service which the subscriber hosts on the AMERICANEAGLE.COM network.
14. Fraud: Dissemination of a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
15. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Rights: Distribution and/or posting of copyrighted or the aforementioned infringements.
16. Distribution of Viruses or Malware: Intentional distributions of software that attempt to and/or cause damage, harassment, or annoyance to persons, data and/or computer systems are prohibited.
17. Violation of AMERICANEAGLE.COM Virtual Accounts: Hosting of any pornographic content or IRC servers on Virtual Server Accounts.
18. Peer to Peer Software (File Sharing): The use of Peer to Peer or file sharing software to permit the sharing, copying or distribution of unauthorized copyrighted material on the AMERICANEAGLE.COM service or network.
19. Unlawful Materials: Transmission, distribution or storage of any materials in violation of any applicable law or regulation or coming to or from any unauthorized network or system. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization; government and military data protected by law and national security; university and academic data protected by public policy; and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
20. Other: Any violation of the above which compromises the integrity of the AMERICANEAGLE.COM web hosting network or any other network is strictly prohibited.

Third Party Accountability: AMERICANEAGLE.COM Users shall be held responsible and accountable for any activity by third parties using their account that violates guidelines created by this Acceptable Use Policy.

SYSTEM AND NETWORK SECURITY

Violations of system or network security are prohibited, and can result in criminal and civil liability. AMERICANEAGLE.COM will investigate incidents involving such violations and may involve and/or cooperate with law enforcement officials if a criminal violation is suspected. Examples of unlawful acts, system or network security violations include, but are not limited to, the following:

• Unauthorized access or use of data, systems or networks, including any attempt to probe, damage, 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.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
• Unauthorized access to any data, system or network from an unauthorized system or network for any purpose which is not lawful or which is intended to do harm;
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. Electronic forging of any kind shall include, but not be limited to, IP addresses, domains, business names, etc.;
• Sending unsolicited mail messages, including without limitation, commercial advertising and informational announcements. A user shall not use another site's mail server to relay mail without the express permission of the site owner.
• Unauthorized entry and/or use of another company and/or individual's computer system. AMERICANEAGLE.COM will not tolerate any subscribe attempting to access the accounts of others, or penetrate security measures of any other systems, whether or not the intrusion results in corruption or loss of data.

VIOLATIONS

If AMERICANEAGLE.COM determines, in its sole discretion that a User's conduct violates the terms of this Acceptable Use Policy, AMERICANEAGLE.COM may suspend, restrict, terminate, or take any other appropriate action with regard to User's services, without any obligation to refund fees paid. AMERICANEAGLE.COM reserves the right to take such actions without notice to you. User understands that AMERICANEAGLE.COM reserves the right to conclude that the conduct is in violation of the policies set forth in this AUP based upon mere suspicion or belief, without any duty to prove that its opinion or suspicion is well founded. User agrees that AMERICANEAGLE.COM, in responding to a third party complaint, reserves the right in our sole discretion to suspend or terminate the services subject to this AUP without notice and with no obligation to refund fees paid. User also understands and agrees that by providing services, AMERICANEAGLE.COM in no way endorses your web site or deems your content suitable under the terms of this AUP.

User agrees that AMERICANEAGLE.COM shall, under no circumstances, be held liable on account of any action it takes in good faith, to restrict transmission of material that it or any user of the services considers to be fraudulent, obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable, whether or not such material is constitutionally protected.

MODIFICATIONS TO ACCEPTABLE USE POLICY

User agrees that AMERICANEAGLE.COM in its sole discretion may modify this AUP, at any time without notice, effective upon posting of the modified Policy on its website. Use of AMERICANEAGLE.COM services after the posting period constitutes an acceptance of the modification.

ENFORCEABILITY/JURISDICTION

If any provision of this AUP or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect.

This AUP shall be governed by the laws of the United States of America and the parties submit to the exclusive jurisdiction of the state of Illinois.