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Official Abuse Clauses.
excerpts from the terms of service
and acceptable use policy
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Acceptable Uses Policy and terms of service.
for all yourfavorite.com customers and customers
of affiliated sites.
As a yourfavorite.com
customer or user, you must agree to these terms of service. Use of
yourfavorite.com products and/or services constitutes agreement to the following
terms:
UNACCEPTABLE
USES: The following are unacceptable uses of services including, but not
limited to software and web hosting:
Illegality
in any
form, including but not limited to activities such as unauthorized distribution
or copying of copyrighted software, violation of U.S. export restrictions,
harassment, fraud, trafficking in obscene material, drug dealing, money
laundering, factoring, scrubbing, and other illegal activities are prohibited.
Net
abuse,
including but not limited to activities such as using a non-existent email
return address on a commercial solicitation, use of email addresses gathered
from an FFA site, spamming (sending unsolicited advertising to numerous email
addresses or newsgroups and/or generating a significantly higher volume of
outgoing email than a normal user), allowing spamming by third parties to
promote a web site hosted by us, trolling (posting outrageous messages to
generate numerous responses), mailbombing (sending multiple messages without
significant new content to the same user), subscribing someone else to a mailing
list without that person's permission, cross-posting articles to an excessive
number of newsgroups, transmitting a virus over the Internet to one or more
users or systems, or attempting without authorization to enter into a secured
computer system. We reserve the right to determine what constitutes net abuse.
Customers will take full financial responsibility for any incident of net abuse.
. By using yourfavorite.com services, email communication is considered
authorized, regardless of format and while use of the removal system is
permitted, reporting such communication as "Spam," or "UCE," will be considered
"net abuse" under this agreement.
Tortuous conduct,
including but not limited to posting of defamatory, scandalous, or private
information about a person without their consent, intentionally inflicting
emotional distress, or violating trademarks, copyrights, or other intellectual
property rights. Making threats, or threatening remarks toward employees, or
representatives of yourfavorite.com
Misuse
of system resources,
including but not limited to employing posts or programs which consume excessive
CPU time or storage space; permitting use of mail services, mail forwarding
capabilities, excessive use or abuse of support services, POP accounts, or
autoresponders other than for the customer's own account; resale of access to
CGI or API scripts installed on our servers; or attempting to use a single
customer account for third party web sites by allowing more than one domain
pointer to be used to reference pages within the customer's site.
Hijack of
resources and/or systems,
including but not limited to using resources such as SMTP or MAIL servers and
NET addresses without prior authorization. Linking or hacking the databases
supplied by yourfavorite.com and within software designed and licensed by
yourfavorite.com in an inappropriate manner. By using system resources without
having an established account with yourfavorite.com, or an affiliate, you will
automatically become responsible for payment of $120 per hour for any necessary
administrator time that may result from your actions, plus actual damages. You
will also be responsible for all incidental expenses that may result from your
actions. This includes, but is not limited to time for virus removal, system
hardware or software repair, phone time, and letter writing. You will also be
responsible for all costs for collection should collections activity be
required. Use of system resources with, or without placing an order, and with
or without receiving official permission, will initiate your unconditional
agreement to the terms of service.
Unauthorized Use of services or websites.
Use of public web
pages linked from the yourfavorite.com home page or other top level domain names
managed by yourfavorite.com is permitted, as is accessing sites or web pages
that are indexed in public search engines, however, it is prohibited to use web
pages that are not intended for public use such as private pages, mock up pages,
client pages, pages listed in the archives or history sections of
yourfavorite.com, expired web pages with copyright dates older than 1 year, or
password protected sections of any website, without the proper credentials.
Accessing such pages without invitation, or rightfully issued credentials will
be considered hacking under these terms.
FEES
Yourfavorite.com may also institute fees on a customer, or user's account in the
following circumstances:
ABUSE
- When the customer has violated the yourfavorite.com abuse policy or terms of
this contract, yourfavorite.com reserves the right to bill the customer's
default payment method, or any valid payment method on file for the following
fee schedule. $50 for the first incident, plus actual cost of any damages;
$100 for the second incident, plus actual cost of damages; $1000 for third
offense, plus actual cost of damages.
Policy on Spamming
Specifically:
We
do not allow our users to send Spam.
Please report any Spam to
registrars @ yourfavorite.com.
We would appreciate if you would forward
a copy of the entire message, including all headers, as an attachment, so we can
identify the sender, and terminate their account. We can only
fully authenticate messages if we receive a copy of the entire message,
including all headers.
We will attempt to collect damages
and enforce these terms of service against any proven violator.
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