Acceptable Use Policy

Last Updated September 24, 2007

Cactus Media, its parent, subsidiaries, divisions and related web sites (hereinafter collectively referred to as "Company") Acceptable Use Policy ("AUP") describes the proper kinds of conduct and prohibited uses of Company's services (the "Services"), as described and subscribed to pursuant to the Terms and Conditions Agreement ("Agreement") of which this policy is incorporated. The AUP is not exhaustive and Company reserves the right to modify the AUP at any time, effective upon posting of the modified AUP to the website. By registering for and using the Services, and thereby accepting the terms and conditions of the Agreement, you agree to abide by the AUP as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account and such other action as Company deems appropriate.

VIOLATION OF ANY OF THESE GUIDELINES IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM COMPANY. 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.

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, Company 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). Company, 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 Company 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, Company 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.

PROHIBITED CONDUCT

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. Company 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, which Company determines in its sole discretion is harmful to its servers, systems, network, reputation, good will, other Company customers, or any third party.

Defamation.  You agree not to post or transmit any content in violation of any applicable law of libel or defamation in the United States or elsewhere.

False advertising.  You agree not to post or transmit on or though any services any advertising or promotional materials that contain false, deceptive or misleading statements, claims, or representations.

Copyright/Trademark Infringement.  You agree not to post or transmit on or through the services any content that infringes on the intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right of another person or entity or use the same 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.  You agree not to transmit, disseminate, sell, store or host material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Export Violations.  You agree not to post or send 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.  You agree not to disseminate or host 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.  You agree not to offer or disseminate 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.

False Pretenses.  You agree not to use the services to impersonate any person or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication. False domain registration is strictly prohibited.

Failure to Abide by Third-Party Website Policies.  You agree not to violate the rules, regulations, or policies that apply to any third-party network, server computer database, or website that you access by or through the services.

Child Pornography.  You agree not to violate the Federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, visual depictions of "sexual intercourse" and/or "sexually explicit conduct" involving children.

Distribution of Viruses.  You agree not to intentionally distribute any software that attempts to and/or causes damage or annoyance to persons, data, and/or computer systems.

Facilitating a Violation of this AUP.  You agree not to advertise, transmit, or otherwise make available any software, program, product, or service that is designed to violate this AUP which includes, but is not limited to, spam, pinging, flooding, mailbombing, denial of service attacks or piracy of software.

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.  the Services without Company'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 Company'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.

NETWORK SECURITY AND INTEGRITY

Violations of Company'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. Company may investigate incidents involving such violations. Company 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 or Routing Information.  Forging of any TCP-IP packet header, e-mail header or any part of a message header. Using, selling, or distributing in conjunction with services any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an internet domain, header information, date or time stamp, originating email address or other identifier.

  • 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.

E-MAIL

The Services may be used to transmit Commercial E-mail that complies with all United States 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:

  • 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.

  • Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form.

  • Harassing e-mail, whether through language, frequency, or size of messages.

  • Chain letters.

  • 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).

  • E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.

  • " 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.

  • In addition, you may not use Company'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, Company discussion groups, etc., (excessive cross-posting or multiple-posting) also is explicitly prohibited.

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.

In addition, you may not use Company'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 Company network is not acceptable. Examples include: Sending instant messages that contain threatening, abusive, illegal or libelous material.

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.

LINKS TO THIRD-PARTY SITES

The Website may contain links to other websites that are maintained by third parties over which Company has no control. These links are provided for convenience only. Use of these links will cause you to leave this Site and use of third-party websites is entirely at your own risk. Company makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. Company does not sponsor or endorse the operators of the sites or the content, products or services they provide, and Company is not responsible or liable for the conduct of the sites' operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.

MODIFICATION OF THE POLICY AND AGREEMENT

We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified. Each time you use the Website, you agree to then currently posted policies and Agreements by accessing or using our Website, products or services.

PRIVACY POLICY

Company respects the privacy of visitors to our site. Please take a few minutes to review our Privacy Policy.

REPORTING VIOLATIONS OF AUP

Company requests that anyone who believes that there is a violation of this AUP direct the information to its legal department at: legalnotes@cactusmedia.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, Company 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 Company.

MISCELLANEOUS

Any failure to insist upon or enforce performance of any provision in this Policy will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. Company may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.

Any questions regarding this AUP should be directed to legalnotes@cactusmedia.com