Acceptable Use of Hosting Services
Subscriber acknowledges and agrees that the provision of services to Subscriber by Madgenius.com Inc (“Madgenius.com”), and Subscriber’s acceptance and use of Madgenius.com’s services, constitute Subscriber’s acceptance of and agreement to the terms and conditions of this document — Madgenius.com’s Acceptable Use Policy (“Madgenius.com’s AUP”) — and that Madgenius.com’s AUP is an integral part of, and is incorporated by reference into, the Terms Of Service (“TOS”) Agreement by and between Madgenius.com and Subscriber.
MADGENIUS.COM may amend MADGENIUS.COM’s AUP from time to time by posting it at http://www.Madgenius.comservers.net/vbulletin/, and Subscriber’s use of MADGENIUS.COM’s services after MADGENIUS.COM posts any such changes on its website shall constitute Subscriber’s acceptance of any/all such amendments.
VIOLATIONS:
Doing, causing or allowing (whether by act or omission) any of the following, and/or any direct or indirect aiding or abetting of any person or entity to do, cause or allow (whether by act or omission) any of the following, is considered a violation of MADGENIUS.COM’s AUP and of the TOS Agreement between MADGENIUS.COM and Subscriber:
1. Illegal Activities:
Using MADGENIUS.COM’s services for illegal purposes or in support of illegal activities, including, but not limited to, transmitting (by email, uploading, posting or otherwise) or distributing, downloading, copying, caching, hosting or storing data, information or content which, in MADGENIUS.COM’s sole determination, constitutes a violation of any relevant law, regulation, ordinance or court order. Subscriber shall be responsible for determining what laws, regulations, ordinances and court orders are applicable to its use of MADGENIUS.COM’s services;
2. Threats:
Using MADGENIUS.COM’s services to transmit (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material that threatens or encourages bodily harm, destruction of property or any other type of harm;
3. Harassment:
Using MADGENIUS.COM’s services to transmit (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material that harasses or stalks another;
4. Harmful:
Using MADGENIUS.COM’s services to transmit (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material that is harmful, abusive, defamatory or libelous;
5. Violation of Duty:
Using MADGENIUS.COM’s services to transmit (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material in violation of any duty under any law (including court order), contract or any fiduciary relationship;
6. Forgery or Impersonation:
Adding, removing, modifying or forging any message header, network header, TCP/IP packet header or any part of any header or information in any transmission (including any email, upload, posting or other transmission), originating or passing through MADGENIUS.COM’s services, in an effort to deceive or mislead another; impersonating or attempting to impersonate any person or entity in any transmission (including any email, upload, posting or other transmission) originating or passing through MADGENIUS.COM’s services; misleading or attempting to mislead any person or entity by use of incorrect identifying information. The use of anonymous re-mailers or nicknames does not constitute a violation hereunder. Subscriber must maintain a policy requiring proper “From” and/or “Reply To” headers on all email and usenet postings.
7.Fraud/Fraudulent Activity:
Using MADGENIUS.COM’s services in furtherance of or involving any fraudulent activity or fraudulent purpose, or to make any fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam including, but not limited to, pyramid schemes, chain letters or any other financial scam; using MADGENIUS.COM’s services to effect a misrepresentation or misleading statement, writing or activity;
8. SPAM / Unsolicited Commercial Email (UCE) / Unsolicited Bulk Email (UBE):
Using MADGENIUS.COM’s services to: transmit (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any spam, UCE or UBE; operate mailing lists, listservs or mailing services that target an audience that has not voluntarily signed up for email information using a double opt-in process or that has not made their email addresses available to Subscriber for distribution of information; effect spamming via third-party proxy, aggregation of proxy lists or installation of proxy mailing software; accept and process third-party messages for sending without user identification and authentication; host, or permit hosting of, web pages, sites or information advertised within SPAM, UCE or UBE from another network (such as spamvertising); violate the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), establishing requirements for sending certain types of commercial mail.
IMPORTANT NOTICE: A Subscriber hosting websites or services on Subscriber’s server supporting spammers or resulting in any of MADGENIUS.COM’s IP space to be listed in any of the various Spam Databases or black hole lists will have its service immediately disconnected. Subscribers who operate mailing lists, listservs or mailing services must a) maintain complete and accurate records of all consents and opt-ins, including the actual emails and their headers, b) provide such records to MADGENIUS.COM upon request, and c) allow any party on the list to remove itself automatically and permanently. If Subscriber cannot provide proof of such consents and opt-ins, MADGENIUS.COM will consider the mass mailing to be unsolicited. Subscribers must maintain proper security on their servers to prevent them from being used as SPAM amplifiers by third parties;
9. Interference:
(Several of the sites called this “threatening the integrity of the network” or “threatening the integrity of another network”)Interfering with, disrupting or adversely affecting, or attempting to interfere with, disrupt or adversely affect, the ability to use MADGENIUS.COM’s services, the Internet or any other services or equipment (this includes denial of service attacks against another network, host or individual user); using MADGENIUS.COM’s services to interfere with, disrupt or adversely affect, or to attempt to interfere with, disrupt or adversely affect, the service of any subscriber, subscriber’s sub-users, host, network or system, including, without limitation, via means of overloading, flooding, email bombing, news bombing, crashing or any similar activity; using MADGENIUS.COM’s services to impede another person’s use of electronic mail services or news; using any program, or sending messages of any kind, designed to interfere with or disable a user’s session;
10. Usenet SPAMing:
Using MADGENIUS.COM’s services for the purpose of transmitting (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material, messages or commercial advertisements that violate the regulations, FAQ’s, charters, policies or other rules of any newsgroup or mailing list. Usenet posts and content must conform to standards established by the Internet community and the applicable newsgroup rules; commercial messages deemed appropriate under the rules of a newsgroup or mailing list, or that are solicited by the recipients, are permitted;
11. Unauthorized Access ( Cracking/Hacking):
Accessing, corrupting or taking, or attempting to access, corrupt or take, any data, information or the accounts of others; logging into a server or account, or entering or using or attempting to enter or use another person’s or entity’s computer system which Subscriber/ Subscriber’s Sub-User is not authorized to access, enter or use; penetrating or attempting to penetrate MADGENIUS.COM’s security measures or another person’s or entity’s computer software or hardware, electronic communications system, or telecommunications system or security; and any similar activity prohibited by federal or state law;
12. Infringement on Intellectual Property Rights:
Using MADGENIUS.COM’s services to transmit (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any information, data, content, material or work that infringes any copyright, trademark, service mark, patent, trade secret any or other intellectual property right(s) of any person or entity;
13. Collection of Personal Data:
Using MADGENIUS.COM’s services to collect, or to attempt to collect, personal information about third parties without the third party’s(ies’) knowledge or consent;
14.Unfriendly Activity:
Subscriber’s/ Subscriber’s Sub-User’s (as defined in the TOS Agreement) allowance of others to use its/their network, or permitting its/their network to be configured in such a way that affords a third party the capability to use its/their network, in an illegal, inappropriate or unfriendly manner; causing or initiating security breaches or disruptions of network communication or connectivity; executing any form of activity that intercepts data not intended for Subscriber’s/ Subscriber’s Sub-User’s server(s); evading or circumventing user authentication or security of any host, network or account; engaging in any conduct designed to avoid restrictions or access limits to specific services, hosts or networks; probing, scanning or testing, or attempting to probe, scan or test, the vulnerability of a system or network without proper authorization; breaching or attempting to breach security or authentication measures without proper authorization; taking any action in order to obtain, or attempting to obtain, services to which such Subscriber/ Subscriber’s Sub-User is not entitled;
15. Distribution of Unwanted Software:
Using MADGENIUS.COM’s services to effect the intentional distribution of software or computer code, files or programs that causes, or attempts to cause, damage, harassment or annoyance to persons, entities, data and/or computer systems;
16. Inappropriate Use of Software:
Using MADGENIUS.COM services to employ software or any device that would facilitate a continued connection (such as pinging) or would negatively affect a person’s or entity’s ability to engage in real time exchanges;
17. IP Addresses:
Using IP addresses that were not assigned to you/your device by MADGENIUS.COM;
18. Support to Terrorists:
Using MADGENIUS.COM services to provide support or resources (including concealing or disguising the nature, location, source, or ownership of support or resources) to any organization designated by the U.S. government as a terrorist organization pursuant Section 219 of the Immigration and Nationality Act;
19. Gambling:
Using MADGENIUS.COM services for or to promote gambling that is or may be prohibited or restricted by any state or federal gambling laws or regulations;
20. Harm to Minors / Child Pornography:
Harm to Minors / Child Pornography: Using MADGENIUS.COM services to harm minors in any way or transmitting (by email, uploading, posting or otherwise), distributing, downloading, copying, caching, hosting or storing on a server any child pornography as defined by U.S. law. Adult content is allowed; and
21. Violation of Security:
Violating or attempting to violate the security of MADGENIUS.COM’s systems. It is Subscriber’s obligation to maintain and enforce these provisions against all of Subscriber’s Sub-users, to maintain its own abuse/postmaster email addresses for reporting abuses and to promptly and appropriately respond to all emails sent to these addresses. Please consult an attorney if you are uncertain of the legal status of your any of your activities. MADGENIUS.COM will comply with all orders and obligations of any court or government agency. MADGENIUS.COM expressly disclaims any liability for the data and content residing on its network and for the actions and inactions of its Subscribers, including Subscriber’s Sub-Users