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Acceptable Use Policy The follo
Acceptable Use Policy
The following is Viral Marketing Media Corp., its subsidiaries,
divisions and related web sites (hereinafter collectively referred to as
“Viral Marketing Media”) Acceptable Use Policy ("AUP"). This policy is
intended to describe the proper conduct and prohibited uses of Viral
Marketing Media’s Internet services (the "Services"). By registering for
and using the Services, and thereby accepting the terms and conditions
of that Agreement, you agree to abide by the AUP. The AUP is not
exhaustive and Viral Marketing Media reserves the right to modify the
AUP at any time, effective upon posting of the modified AUP to
www.ViralMarketingMedia.com Viral Marketing Media supports the free flow
of information and ideas over the Internet and does not actively monitor
use of the Services under normal circumstances. Similarly, Viral
Marketing Media does not exercise editorial control over the content of
any Web site, electronic mail transmission, news group, or other
material created or accessible over or through the Services, except for
certain proprietary websites. However, in accordance with our standard
terms and conditions for service Agreement, Viral Marketing Media may
remove any materials that, in our sole discretion, may be illegal, may
subject it to liability, or which may violate this AUP. Viral Marketing
Media may cooperate with legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil wrong. Any
violation of this AUP may result in the suspension or termination of
Service or other actions as detailed in this policy or at the sole
discretion of Viral Marketing Media. This AUP should be read in
conjunction with Viral Marketing Media’s Service Agreement and other
policies.
1. YOUR GENERAL RESPONSIBILITIES
The Services enable you to develop and display a Web site through which
you can interact with users of the Internet and retrieve and send vast
amounts of information. It also allows for the deploying of email to
promote the sale of your product or services. Generally, Viral Marketing
Media will not actively monitor, censor, or directly control any content
that is or will be displayed on your Web site(s) or information that you
collect or use through your Web site(s). Viral Marketing Media, however,
provides the Services with the goals of (a) ensuring security,
reliability and privacy of the Services and the users of the Services,
(b) maintaining an image and reputation of Viral Marketing Media as a
responsible provider of the Services, (c) preserving the value of
Internet resources as a conduit for free expression, (d) encouraging the
responsible use of Internet resources and discouraging degrading,
libelous or illegal uses of such resources. Consequently, Viral
Marketing Media expects you, and all other users of the Services, to
take responsibility in using the Internet with courtesy and
responsibility, and be familiar with and to practice good Internet
etiquette, in furtherance of the above stated goals.
VIOLATION OF ANY OF THESE GUIDELINES IS STRICTLY PROHIBITED AND MAY
RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU
RECEIVE FROM VIRAL MARKETING MEDIA. YOU WILL 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.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP, AND ACTUAL OR ATTEMPTED
VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED
VIOLATIONS OF THE AUP BY YOU.
2. ILLEGAL OR HARMFUL USE
You may use the Services only for lawful purposes. Transmission,
distribution, sale, or storage of any material in violation of any
applicable law, regulation, or the AUP is prohibited. The following
non-exhaustive list details the kinds of illegal or harmful conduct that
are prohibited. Viral Marketing Media reserves the rights to restrict or
prohibit any and all uses of the Services or content on your Web site(s)
and to remove such materials from its servers that Viral Marketing Media
determines in its sole discretion is harmful to its servers, systems,
network, reputation, good will, other Viral Marketing Media customers,
or any third party.
The following are prohibited uses and violations of this AUP:
Illegal use. Using the Services to transmit any material (by
email, uploading, posting, or otherwise) that, intentionally or
unintentionally, violates any applicable local, state, national or
international law, or any rules or regulations promulgated thereunder.
Harm to minors. Using the Services to harm, or attempt to harm,
minors in any way.
Threats. Using the Services to transmit any material (by email,
uploading, posting, or otherwise) that threatens or encourages bodily
harm or destruction of property.
Harassment. Using the Services to transmit any material (by
email, uploading, posting, or otherwise) that harasses another.
Infringement. Infringement of intellectual property rights or
other proprietary rights including, without limitation, material
protected by copyright, trademark, patent, trade secret, or other
intellectual property right used without proper authorization.
Infringement may result from, among other activities, the unauthorized
copying and posting of pictures, logos, software, articles, musical
works, and videos.
Offensive Materials. Transmission, disseminating, sale, storage
or hosting material that is unlawful, libelous, defamatory, obscene,
pornographic, indecent, lewd, harassing, threatening, harmful, and
invasive of privacy or publicity rights, abusive, inflammatory or
otherwise objectionable.
Export Violations. Posting or sending of software or technical
information in violation of U.S. export laws, including, without
limitation, the Export Administration Act and the Export Administration
Regulations maintained by the Department of Commerce.
Harmful Content. Disseminating or hosting harmful content
including, without limitation, viruses, Trojan horses, worms, time
bombs, cancelbots or any other computer programming routines that may
damage, interfere with, surreptitiously intercept or expropriate any
system, program, data or personal information.
Fraudulent Conduct. Offering or disseminating fraudulent goods,
services, schemes, or promotions (i.e., make money fast schemes, chain
letters, pyramid schemes), or furnishing false data on any signup form,
contract or online application or registration, or the fraudulent use of
any information obtained through the use of the Services, including
without limitation use of credit card numbers.
Forgery or impersonation. Adding, removing or modifying
identifying header information in an effort to deceive or mislead is
prohibited. Attempting to impersonate any person by using forged headers
or other identifying information is prohibited.
Emails. The Services may be used to transmit Unsolicited
Commercial E-mail that complies with all state and federal laws
including, but not limited to the CAN-SPAM Act of 2003. However, you may
not distribute, publish, or send any of the following types of e-mail:
1. Unsolicited promotions, advertising or solicitations (commonly
referred to as "spam") that is not compliant with the CAN-SPAM Act of
2003, including, without limitation, commercial advertising and
informational announcements to those email addresses who have requested
that their email addresses be opted out.
2. Commercial promotions, advertising, solicitations, or informational
announcements that contain false or misleading information in any form.
3. Harassing e-mail, whether through language, frequency, or size of
messages.
4. Chain letters.
5. Malicious e-mail, including without limitation "mailbombing"
(flooding a user or Web site with very large or numerous pieces of mail)
or "trolling" (posting outrageous messages to generate numerous
responses).
6. E-mails containing forged or falsified information in the header
(including sender name and routing information), or any other forged or
falsified information.
7. Third Party Links. Links to third party web sites should not be
inserted in emails without the direct or indirect permission of the
third party, and your email should conspicuously notify the recipient
that the link is to a third party over which you have no control or
operation.
8. In addition, you may not use Viral Marketing Media’s mail server or
another Web site's mail server to relay mail without the express
permission of the account holder or the Web site. Posting the same or
similar message to one or more newsgroups, message boards, blogs, online
discussion groups, etc., (excessive cross-posting or multiple-posting)
also is explicitly prohibited.
Instant Messaging and Chat Services. Inappropriate use or misuse
of instant messaging or chat applications on the Viral Marketing Media’s
network is not acceptable. Examples include: Sending instant messages
that contain threatening, abusive, illegal or libelous material.
Unauthorized access. Using the Services to access, or to attempt
to access, the accounts of others, or to penetrate, or attempt to
penetrate, security measures of 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.
Collection of personal data. Using the Services to collect, or
attempt to collect, personal information about third parties without
their knowledge or consent.
Reselling the services. Reselling the Services without Viral
Marketing Media’s express written consent.
Network disruptions and unfriendly activity. Using the Services
for any activity which adversely affects the ability of other people or
systems to use Viral Marketing Media’s Services 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, network services or network equipment is prohibited. It is your
responsibility to ensure that their network is configured in a secure
manner. You may not, through action or inaction, allow others to use
your network for illegal or inappropriate actions. You may not permit
your 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.
Prohibited Content. Under no circumstances shall you use Viral
Marketing Media’s Services to promote or in any way relate (a) the use
of any illegal substance; (b) pornography; (c) expletives or
inappropriate language; (d) illegal activity, racism, hate, mail fraud,
or advice not permitted under law; (f) firearms, alcohol, tobacco; (g)
prescriptive medications or pharmaceutical related items and/or (e) any
other content deemed inappropriate by Viral Marketing Media.
3. SYSTEM AND NETWORK SECURITY AND INTEGRITY
Violations of Viral Marketing Media’s or any third party's server,
system or network security through the use of the Services are
prohibited, and may result in criminal and civil liability. Viral
Marketing Media may investigate incidents involving such violations.
Viral Marketing Media may involve and cooperate with law enforcement if
a criminal violation is suspected. Examples of server, system or network
security violations include, without limitation, the following:
Hacking. Unauthorized access to or use of data, systems, servers
or networks, including any attempt to probe, scan or test the
vulnerability of a system, server or network or to breach security or
authentication measures without express authorization of the owner of
the system, server or network.
Interception. Unauthorized monitoring of data or traffic on any
network, server, or system without express authorization of the owner of
the system, server, or network.
Intentional Interference. Interference with service to any user,
host or network including, without limitation, mail bombing, news
bombing, other flooding techniques, deliberate attempts to overload a
system, broadcast attacks and any activity resulting in the crash of a
host. Intentional interference also means the use of any kind of
program/script/command, or sends messages of any kind, designed to
interfere with a user's terminal session, via any means, locally or by
the Internet.
Falsification of Origin. Forging of any TCP-IP packet header,
e-mail header or any part of a message header. This prohibition does not
include the use of aliases or anonymous remailers.
Avoiding System Restrictions. Using manual or electronic means to
avoid any use limitations placed on the Services such as timing out.
Failure to Safeguard Accounts. Failing to prevent unauthorized
access to accounts, including any account passwords.
4. REPORTING VIOLATIONS OF VIRAL MARKETING MEDIA’S AUP
Viral Marketing Media requests that anyone who believes that there is a
violation of this AUP direct the information to their legal department
at: legal [at] viralmarketingmedia.com
In making this report, please provide the following information if it is
available: (1) the IP address used to commit the alleged violation; (2)
the date and time of the alleged violation; (3) evidence of the alleged
violation.
In response to any complaint, Viral Marketing Media may take any one or
more of the following actions: (1) issue written or verbal warnings; (2)
suspend services; (3) terminate services without notice; (4) bring legal
action to enjoin violations and/or to collect damages, if any caused by
the violation; (5) such other actions in the sole discretion of Viral
Marketing Media.
5. REVISIONS TO THIS ACCEPTABLE USE POLICY
Viral Marketing Media reserves the right to revise, amend, or modify
this AUP, its Service Agreements and other policies and agreements at
any time and in any manner unless other stated in such Agreement or
Policy. Notice of any revision, amendment, or modification will be
posted on www.ViralMarketingMedia.com
Any questions regarding this AUP should be directed to legal [at] viralmarketingmedia.com. |
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