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ACCEPTABLE USE POLICY
Version 1.2
Introduction
Our company, S. H. Pierce & Co. d/b/a Moxie.com encourages the responsible
use of our services.
This Acceptable Use Policy delineates the relatively narrow range of uses of
S. H. Pierce & Co. services that are contrary to our mission, generally
because such uses either pose an unacceptable risk to the stability, integrity,
or quality of our systems or the systems of our sub-contracted service providers,
or harm (or threaten to harm) the rights and interests of third parties. This
Acceptable Use Policy supplements your Service Agreement with us.
Prohibited Uses
I. You agree to comply with all applicable local, state, national and
international laws and regulations regarding use of all services delivered by
S. H. Pierce & Co.
The following are prohibited uses of our services:
1 Transmission, distribution, uploading, posting or storage of any material
in violation of any applicable law or regulation is prohibited. This includes,
without limitation, material protected by copyright, trademark, trade secret
or other intellectual property right used without proper authorization, material
kept in violation of state laws or industry regulations such as social security
numbers or credit card numbers, 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 material of any kind or nature. You may not transmit,
distribute, or store material that contains a virus, "Trojan Horse,"
adware or spyware, corrupted data, or any software or information to promote
or utilize software or any of S. H. Pierce & Co. 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.
2 Sending Unsolicited Bulk Email ("UBE", "spam"). The sending
of any form of Unsolicited Bulk Email through S. H. Pierce & Co.´s
servers is prohibited. Likewise, the sending of UBE from another service provider
advertising a web site, email address or utilizing any resource hosted on S. H. Pierce & Co.´s servers, is prohibited. S. H. Pierce & Co. 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.
3 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 S. H. Pierce & Co. 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. Purchasing lists of email addresses from
3rd parties for mailing to or from any S. H. Pierce & Co.-hosted domain,
or referencing any S. H. Pierce & Co. account, is prohibited.
4 Advertising, transmitting, or otherwise making available or using any software,
program, product, or service that is designed to violate this Acceptable Use Policy or the Acceptable Use Policy
of any other Internet Service Provider, 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.
5 Forwarding Internet users to any Web site that, if such web site were provided
by S. H. Pierce & Co., would violate the provisions of this Acceptable Use
Policy.
6 Using our services to provide anonymity to activities which are unlawful,
fraudulent, or violate the intellectual property rights of a third party.
7 Using the DNS Manager service, or knowingly or recklessly permitting others
to use the DNS Manager Services: (a) for any unlawful, invasive, infringing,
defamatory, or fraudulent purpose; (b) to alter, steal, corrupt, disable, destroy,
trespass or violate any security or encryption of any computer file, database
or network; (c) so as to materially interfere with the use of S. H. Pierce & Co.´s network by other customers or authorized users; (d) in a manner
that is inconsistent with S. H. Pierce & Co. routing policies, provided
you have notice of such policies or such policies are publicly available on
S. H. Pierce & Co. Web site; (e) in violation of the applicable acceptable
use policies of S. H. Pierce & Co.´s backbone providers, provided
you have notice of such policies or such policies are publicly available on
such backbone providers´ Web sites; (f) to alter, tamper with, adjust,
repair or circumvent any aspect of the DNS Manager Service provided by S. H. Pierce & Co.; or (g) in a manner which, in S. H. Pierce & Co. opinion,
is inconsistent with the generally accepted rules of Internet etiquette and
conduct.
8 Unauthorized attempts by a user to gain access to any account or computer
resource not belonging to that user (e.g., "cracking").
9 Obtaining or attempting to obtain service by any means or device with intent
to avoid payment.
10 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 S. H. Pierce & Co. network or on another provider´s
network.
11 Using S. H. Pierce & Co.´s services in a manner that interferes
with the use or enjoyment of the S. H. Pierce & Co. network or other services
by other customers or authorized users. This shall include excessive use of
services which impair the fair use of other S. H. Pierce & Co. customers.
12 Holding of S. H. Pierce & Co. (including its affiliates) or their employees
or shareholders up to public scorn, ridicule, or defamation.
13 Impersonating any person or entity, including, but not limited to, a S. H. Pierce & Co. official, or falsely stating or otherwise misrepresenting your
affiliation with a person or entity.
II. You acknowledge and agree that it is a violation of this Acceptable Use Policy for
your services to cause an interruption or degradation of, interference with,
or disproportionate burden on the operations of S. H. Pierce & Co.´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 over which you have no control.
III. You are solely responsible for the content you furnish to S. H. Pierce & Co. in connection with your Web site or other services we provide
to you, or make available to others through use of our services. S. H. Pierce & Co. cannot and does not design (except where you are receiving our Design
Services), 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) 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.
IV. 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 to 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 services.
V. You represent and warrant that no federal, state or local authority
prohibits or materially limits S. H. Pierce & Co. 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 S. H. Pierce & Co. determines in its sole discretion that your conduct
violates the terms of this Acceptable Use Policy, S. H. Pierce & Co. may
suspend, restrict, terminate, or take any other appropriate action with regard
to your services without any obligation to refund fees paid. S. H. Pierce & Co. reserves the right to take such actions without notice to you. You understand
that we reserve the right to conclude that your conduct is in violation of the
standards set forth in this Acceptable Use Policy, and we may arrive at such
a conclusion even if it is based upon our opinion or mere suspicion or belief,
without any duty to prove that our opinion or suspicion is well founded, and
even if (i) our opinion or suspicion is proven not to be well founded or (ii)
we provide other customers services that have similar characteristics or are
being used in a similar manner as your services. You agree that we, in responding
to a third party complaint, reserve the right in our sole discretion to suspend
or terminate the services subject to this Acceptable Use Policy without notice
and with no obligation to refund fees paid. You also understand and agree that
by providing you services, S. H. Pierce & Co. in no way endorses your Web
site or deems your content to be suitable under the terms of this Agreement.
You agree that S. H. Pierce & Co. 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 S. H. Pierce & Co., 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 S. H. Pierce & Co. services after the posting period constitutes acceptance
of the modification.
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