This Acceptable Use Policy document is an integral part of your Hosting Agreement with MacDave. The Customer may only use MacDave's services for lawful purposes. If you engage in any of the activities prohibited by this AUP document or any unlawful activities, MacDave has the right to immediately discontinue such service to Customer without liability.
MacDave's Acceptable Use Policy (the "Policy") for MacDave Services is designed to help protect MacDave, MacDave's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by MacDave. MacDave reserves the right to modify the Policy at any time.
1. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through MacDave's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a website, email address or utilizing any resource hosted on MacDave's servers, is prohibited. MacDave 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.
Unsolicited advertising via email and/or "Spamming" is a violation of State and Federal Law and is otherwise a violation of this agreement. This includes referencing domains hosted on MacDave servers in said spam. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. MacDave reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. In addition, MacDave has the right to charge one dollar (US$1.00) per email recipient for any such activity.
2. Mass mailings, scripts that send out mass mailings or any other kind of high-volume mailing activities are not allowed on our servers. Purchasing lists of email addresses from 3rd parties for mailing to from any MacDave-hosted domain, or referencing any MacDave account, is prohibited.
3. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), 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 or attempting without authorization to enter into a secured computer system. MacDave reserves the right to determine what is internet abuse.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP 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. We do not host porn/adult websites. We do allow erotic photography, erotic art and other adult material. You are responsible for making sure that you provide proper warnings and disclaimers concerning the contents of your website. Our definition of a porn website is a website that sells memberships to access adult images and video or a website that is solely setup to distribute adult images and video. Most porn websites in general tend to have a heavy load on the server because they attempt to attract as much traffic as possible to the website and the visitors to these websites in turn download a high volume of files. We avoid hosting any websites that may have a adverse affect on the performance of our servers and the websites they host.
The Customer expressly understands and agrees that MacDave is not liable for legal action taken against Customer websites that have content featuring nudity and/or of a sexual nature.
If you're sill not sure how we would classify your website, then
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referencing the url of your website and we'll let you know if it is the type of website that we will host.
6. Unauthorized distribution or copying copyrighted software and files (including MP3's, warez, cracks, ROMs, etc.), violation of US export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities. MacDave reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
7. In general, we do not host public download websites, ie websites that exist specifically to enable people to download files, ie mp3's, ROMs, emulators, video games, cheats etc. Transmission, distribution 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, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
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. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any MacDave customers or end-users by any means or device.
11. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the MacDave network or on another provider's network.
12. Using MacDave's Services to interfere with the use of the MacDave network or servers by other customers or authorized users.
13. Tortious conduct such as posting of defamatory, libelous, slanderous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property right.
14. Any other misuses of the system resources, such as employing scripts or programs which consume excessive CPU time or storage space, permitting use of mailservers, mail forwarding capabilities, POP accounts, file managers, autoresponders or resale/outsource of access to scripts installed on our servers.
15. Attempting without authorization to enter into a secured computer system. Malicious hacking, cracking or otherwise altering of a website owned and operated by another person. MacDave reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
16. Script sharing with other domains is not permitted. Any scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
17. Customer installed chat room scripts or programs are not allowed on our servers.
18. Shell emulators, virtual servers, file systems or system binaries are not allowed on our servers.
19. We do not allow websites that provide banner ad services outside websites. Using banner ads on your own website is fine.
20. Dating or personals scripts and other scripts that send out anonymous email are not allowed on our servers.
Each MacDave customer is responsible for the activities of its users and, by accepting service from MacDave, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a MacDave customer will be forwarded to the MacDave customer's primary contact for action. If violations of the MacDave Acceptable Use Policy occur, MacDave reserves the right to terminate services with or take action to stop the offending customer from violating MacDave's AUP as MacDave deems appropriate, without notice.
