ACCEPTABLE USE POLICY
Elink Media, Inc., and its
subsidiaries, divisions and related web sites (hereinafter collectively
referred to as “Elink Media”) Acceptable Use Policy ("AUP")
describe the proper kinds of conduct and prohibited uses of Elink Media’s
services (the "Services"), as described and subscribed to
pursuant to the Terms and Conditions Agreement (“Agreement”) attached
hereto. The AUP is not exhaustive and Elink Media reserves the right
to modify the AUP at any time, effective upon posting of the modified
AUP to www.elinkmedia.net. 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 Elink Media deems appropriate.
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, Elink 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). Elink 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 Elink 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, Elink 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 ELINK 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.
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.
Elink 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 Elink Media determines in its sole
discretion is harmful to its servers, systems, network, reputation,
good will, other Elink Media customers, or any third party.
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, 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.
3. SYSTEM AND NETWORK SECURITY AND INTEGRITY
Violations of Elink 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. Elink Media may investigate
incidents involving such violations. Elink 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 send 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. E-MAIL
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 Elink 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.
5. INSTANT MESSAGING and CHAT Services
Inappropriate use or misuse of instant messaging or chat applications
on the Elink Media network is not acceptable. Examples include: Sending
instant messages that contain threatening, abusive, illegal or libelous
material.
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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.
Any questions regarding this AUP should be directed to info@elinkmedia.net.
Updated: November 10, 2005
