This Acceptable Use Policy (“AUP”) governs your use of MMIC Media services. This Policy prohibits uses of MMIC Media services that are contrary to MMIC Media regulations, including any and all uses that pose an unacceptable risk to the stability, integrity, or quality of MMIC Media's systems or the systems of its vendors, or harm (or threaten to harm) the rights and interests of third parties. This Acceptable Use Policy supplements your Service Agreement with us.
- You agree to comply with all applicable local, state, national and international laws and regulations regarding use of all services delivered by MMIC Media. The following are prohibited uses of MMIC Media services:
- Transmission, distribution, uploading, posting or storage of any material in violation of any applicable law or regulation. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right, used without proper authorization, and material that is obscene, defamatory, libelous, unlawful, harassing, abusive, threatening, harmful, vulgar, constitutes an illegal threat, violates export control laws, hate propaganda, fraudulent material or fraudulent activity, invasive of privacy or publicity rights, profane, indecent or otherwise objectionable in any respect or nature. You may not transmit, distribute, or store material that contains a virus, "Trojan Horse," corrupted data, or any software or information, nor may you promote or utilize any software or any MMIC Media services to deliver unsolicited e-mail. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation.
- Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through MMIC Media' servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on MMIC Media's servers, is prohibited. MMIC Media accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by MMIC Media customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Using lists of email addresses obtained from third parties for mailing to or from any MMIC Media-hosted domain, or referencing any MMIC Media account, is prohibited.
- Advertising, transmitting, or otherwise making available or using any software, program, product, or service that is designed to violate this AUP, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
- Forwarding Internet users to any Web site that, if such web site were provided by you, would violate the provisions of this Acceptable Use Policy.
- Using the Private Registration service to provide anonymity to activities which are unlawful, fraudulent, or violate the intellectual property rights of a third party.
- Unauthorized attempts to gain access to any account or computer resource not belonging to that user (e.g., "cracking"), including without limitation accessing or attempting to access to any MMIC Media services or any MMIC Media systems without authorization.
- Engaging in any activities that do or are designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the MMIC Media network or on another provider's network.
- Using MMIC Media services in a manner that interferes with the use or enjoyment of the MMIC Media’s network or other services by other customers or authorized users. This shall include excessive use of services which impair the fair use of other MMIC Media customers.
- You acknowledge and agree that it is a violation of this AUP for your use of MMIC Media services to cause an interruption or degradation of, interference with, or disproportionate burden on the operations of MMIC Media's systems or the services of other customers, regardless of whether such interruption, degradation, interference or burden is the result of your actions or those of a third party.
- You are solely responsible for the content you furnish to MMIC Media in connection with your Web site or other services we provide to you, or make available to others through use of our services. MMIC Media does not review or screen content you provide to us for inclusion in your Web site (or that you use, provide or make available in connection any services we provide to you) in advance and does not assume any obligation to monitor such content. However, you agree that we may review your Web site or other content in responding to a third party complaint or for any other reason.
- You may access and use our services for lawful purposes only and you are solely responsible for the knowledge and adherence to any and all laws, statutes, rules and regulations pertaining to your use of our services. You agree that you will not (i) use the services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local state, Federal or international law or regulation; (ii) upload or otherwise transmit any content that you do not have a right to transmit under any law or contractual or fiduciary duty; (iii) interfere or infringe with any trademark or proprietary rights of any other party; (iv) interfere with the ability of other users to access or use our services; (v) claim a relationship with or speak for any individual, business, association, institution or other organization for which you are not authorized to claim such a relationship; (vi) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; or (vii) reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit for any commercial purposes any portion of the MMIC Media services.
- You represent and warrant that no federal, state or local authority prohibits or materially limits MMIC Media from transacting business with you or providing our services to you or your agents, representatives, affiliates or related entities. If, at any time, a federal, state or local authority prohibits or materially limits the transaction of business or our provision of services to you or your agents, representatives, affiliates or related entities, such prohibition or restriction shall be a violation of this Acceptable Use Policy and a material breach of the Service Agreement.
Violations. If MMIC Media determines in its sole discretion that your conduct violates the terms of this Acceptable Use Policy, MMIC Media may suspend, restrict, terminate, or take any other action it deems appropriate with regard to the services without any obligation to refund fees paid. MMIC Media reserves the right to take such actions without notice to you. You also understand and agree that by providing you services, MMIC Media in no way endorses your Web site or deems your content to be suitable under the terms of this Agreement.
You agree that MMIC Media 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, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
Modifications to this Acceptable Use Policy. You agree that MMIC Media, in its sole discretion, may modify this Acceptable Use Policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. Use of the MMIC Media services after the posting period constitutes acceptance of the modification.