This Acceptable Use Policy was last updated on Feb 20, 2013.
Geografx and Moonlite Enterprises (GaME)'s Acceptable Use Policy ("AUP") has been designed to assist in protecting GaME and it's clients from improper and/or illegal activity over the Internet and to further compliance with all relevant laws and regulations. This AUP is also intended to establish a clear understanding of what GaME expects of clients using our services.
GaME's AUP is applicable to any and all access or use of GaME's services (the "Service") or GaME's network (the "Network"). This includes, but is not limited to, any use or access by (a) GaME's clients, (b) GaME's clients' clients, members, end-users, and agents and (c) any other parties who use or access the Service or Network (collectively, "Users"). All Users must comply with this AUP. Any access or usage of the Service or Network constitutes acceptance and agreement to this AUP. Each client of GaME agrees that it is responsible for violations of this AUP by itself and by any party that uses or access the services or the network through such client, whether authorized by such client or not.
GaME supports the uncensored flow of information and ideas and does not exercise editorial control over the content created or accessible through the Service. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. GaME may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong doing.
GaME believes in communicating with our clients and will try to work with our clients to resolve any AUP violations before taking action which could cause a client's service to become unavailable. However, due to the nature or severity of some violations, this is not always possible or preferable. We reserve the right to immediately suspend or terminate, without warning, services to a client who is in violation of the AUP.
This AUP does not (a) obligate GaME to monitor, review, or police the data and content residing on its network or (b) create any obligation of GaME to any party that is not a direct client. GaME expressly disclaims any liability for the data and content residing on its network and for the actions of its Users.
The following activities are expressly prohibited, and are considered violations of the AUP. These descriptions are guidelines and are not intended to be exhaustive. GaME will be the sole arbiter as to what constitutes as unacceptable use.
Illegal Activity or Content
The Service shall not be used for any unlawful activities or in connection with any criminal or civil violation. Use of the Service or Network for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.
GaME expressly prohibits any activities that, in its sole discretion, constitute network abuse. This includes, but is not limited to: Denial of Service attacks or any activities designed to exhaust the resources of a host or network. Any attempt to monitor data or traffic on any network or system without the authorization of the owner of the system or network. Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system.
Port-scanning, vulnerability scanning, and any other activity that may be used as a precursor to an attempted system penetration. Introducing malicious programs into any network or server, such as viruses, worms, trojan horses, and key loggers. Intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information or incorrect DNS information.
Forging any e-mail message header, in part or whole, of any electronic transmission, originating or passing through the Network. Executing any form of network activity that will intercept data not intended for the client's server.
Users are prohibited from engaging in improper use or distribution of email. GaME will be the sole arbiter as to what constitutes a violation of this provision. This includes, but is not limited to:
- · Sending of any unsolicited email ("spam"). Any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses is automatically considered unsolicited.
- · Hosting web pages advertised within "spam e-mail" sent from another network ("spamvertising")
- · Using the Service to receive replies from unsolicited emails ("drop-box" accounts).
- · Configuring any email server in such a way that it will accept third party emails for forwarding ("open mail relay").
- · 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 GaME Users 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.
- · Purchasing lists of email addresses from 3rd parties for mailing to from any GaME hosted domain, or referencing any GaME account, is prohibited.
- · Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
All IRC activity is prohibited. This includes running any type of IRC software including, but not limited to, IRC client software, IRC server software, web-based IRC software, IRC bots such as "eggdrop", and IRC proxies such as "psyBNC".
Proxy Servers not part of the Service are prohibited without the expressed written consent of GaME. This includes, but is not limited to, SOCKS proxies, Squid proxies, Bittorrent Proxies, Tor, and any CGI or PHP proxy scripts.
Facilitating a Violation of this Policy
Advertising, transmitting, or otherwise making available 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.
GaME accounts operate on shared network resources. The terms of service agreement specifies User limits and discusses costs associated with overages of network limits. Misuse of network resources in a manner which impairs network performance is prohibited by this policy regardless of overage costs and may result in termination of your account.
GaME Hosted accounts operate on shared resources. The terms of service agreement specifies User limits and discusses costs associated with overages of limits. The use of resource-intensive programs which negatively impact the performances of the Service or Network is prohibited by this policy regardless of overage costs. GaME reserves the right to limit such activities.
Reporting violations of GaME's AUP
If available, please provide the following information:
- · The IP address used to commit the alleged violation
- · The date and time of the alleged violation, including the time zone or offset from GMT
- · Evidence of the alleged violation
- · An E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.
GaME may take any one or more of the following actions in response to complaints:
- · Issue written or verbal warnings
- · Disable access to a client's content which violates AUP
- · Remove content which violates AUP
- · Block mail or any other network service
- · Null-route client's IP address
- · Suspend the client's account
- · Terminate the clients's account
- · Bill the client for administrative costs and/or reactivation charges
- · Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations
Any violation of the AUP which results in a client's server being removed or blocked from network access may be subject to reconnection fees as described in the TOS.
The aforementioned list of actions shall not be construed in any way to limit the actions or remedies that GaME may take to enforce and ensure compliance with this AUP. GaME reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a client's violation of this AUP. No service credits will be issued for any interruption in service resulting from violations of this AUP.
The client agrees to indemnify and hold harmless GaME from any claims resulting from the use of the service, which damages the subscriber or any other parties.