ACCEPTABLE USE POLICY
ProspectMX.com Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what ProspectMX.com expects of them while using the service. All users of ProspectMX.com (i.e. those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services) must comply with this AUP, Terms of Use and Privacy Policy.
This AUP Applies to any an all sites owned and/or operated by ProspectMX.
Use of ProspectMX.com constitutes acceptance and agreement to ProspectMX.com’s AUP, Terms of use and Privacy Policy. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY THE CUSTOMER SERVICE DEPARTMENT OF SO THAT YOUR ACCOUNT MAY BE CLOSED. We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
We support the uncensored flow of information and ideas over the Internet and do not actively monitor client activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites.
However, in accordance with our Terms of Use, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. ProspectMX.com may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your ProspectMX.com account or other actions as deemed necessary.
ProspectMX.com intends to provide its customers access to everything the Internet has to offer. ProspectMX.com is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the ProspectMX.com and the Internet and cannot be permitted under the guise of free speech. The resources of the ProspectMX.com and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
You may not use your virtual site to publish material, which ProspectMX.com determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings.
If a ProspectMX.com account is used to violate the AUP, Privacy Policy or our Terms of Use, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the AUP will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at [email protected].
The following constitute violations of the ProspectMX.com AUP:
Any Form of Illegal Use
ProspectMX.com services may not be used to support any kind of illegal activities or be used for any illegal purposes. ProspectMX.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Distribution of Viruses
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
USENET Newsgroups
Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it.
EMAIL
The use of SPAMMING, sending Unsolicited bulk or commercial e-mail, is strictly prohibited. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious messages. Such messages may only be sent to those who have explicitly requested it. Violations of this type will result in the immediate termination of the offending ProspectMX.com account. Anyone hosting websites or services on our servers in violation of this will have their services immediately removed from our network. ProspectMX.com has a zero tolerance policy in regards to SPAM.
Mail Bombing is prohibited. There must not be any malicious intent to impede another person’s use of electronic mail services or news. This will result in the immediate termination of the offending ProspectMX.com account. Forging any message header, in part or whole, of any electronic transmission, originating or passing through the ProspectMX.com service is in violation of this AUP and will not be tolerated. Removing, adding, or modifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is also prohibited.
Collection of Personal Data
You may not use ProspectMX.com service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Causing Harm to Minors
The ProspectMX.com service may not be used to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Harrassment/Threats
Use of the ProspectMX.com service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens, harrasses or encourages bodily harm or destruction of property is prohibited.
Fraud
Use of ProspectMX.com service to make a misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it is prohibited.
Inappropriate Use of Software
Use of software or any device that would involve, but not limited to pinging, while using ProspectMX.com services, will not be tolerated and could result in suspension and/or termination of services.
Unauthorized Access
Use of the ProspectMX.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ProspectMX.com or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending ProspectMX.com account is subject to immediate termination.
Copyright, Intellectual Property or Trademark Infringement
Distribution and/or posting of copyrighted or trademarked materials will not be tolerated. Use of the ProspectMX.com service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Network disruptions and unfriendly activity
Use of the ProspectMX.com service for any activity which affects the ability of other people or systems to use ProspectMX.com Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Client may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. ProspectMX.com will not tolerate any client attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Third Party Accountability
ProspectMX.com clients will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the Acceptable Use Policy.
Security
It is Your responsibility to keep your password secure as it provides access to your account. It is prohibited to share your password and account access with unauthorized users. Since You are responsible for Your account, You should take care to prevent others from using your account. Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of Your account.
You are responsible for any misuse of Your account, even if the inappropriate activity was committed by a friend, family member, guest, employee or customer with access to your account. Therefore, You must take steps to ensure that others do not gain unauthorized access to the Services. In addition, You may not use Your account to breach security of another account or attempt to gain unauthorized access to another network or server.
You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for You, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security such as password guessing programs, cracking tools, packet sniffers or network probing tools, etc. is prohibited.
You may not disrupt the Services. The Services also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature also is prohibited.
If You violate systems or network security, You may incur criminal or civil liability. ProspectMX.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Network Performance
ProspectMX.com accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and will result in termination of your account. Examples of this include; sending news feeds, hosting shell accounts, providing news or email service, etc.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of ProspectMX.com systems or networks. ProspectMX.com, at its own discretion reserves the right to terminate or limit such activities.
Reporting Violations of the ProspectMX.com AUP
ProspectMX.com requests that anyone who believes that there is a violation of this AUP direct the information to ProspectMX.com at [email protected].
REVISIONS TO THIS ACCEPTABLE USE POLICY
ProspectMX.com may revise, amend or modify this Acceptable Use Policy at any time without notice by posting a new version of this document at www.ProspectMX.com/AUP.
You should consult this AUP, Terms of Use, and Privacy Policy regularly to make sure Your activities conform to the most recent version of the Policies.
