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Scope of Policy
Brain Box, Inc. maintains this Acceptable Use Policy to provide users of its services with a clear statement of rules and restictions that apply to the use of the services it provides.
Prohibited Uses
Your use of Brain Box, Inc.'s services may not violate any of the following. Brain Box may suspend or terminate your service if it determines, in its sole and exclusive discretion, that you have engaged in an activity that violates this AUP. You violate this policy when you, your agents, employees, or end users engage in any activity, directly or indirectly, or attempt to engage in an activity, whether successful or otherwise, that is against the terms of this policy.
Brain Box, Inc.will not intervene or become involved in any disputes between you and a third party. Consequently, Brain Box reserves the right, in its sole and exclusive discretion, to suspend or terminate your services upon receipt of any third party complaint that you have have engaged in any activity that violates this AUP, that may subject Brain Box, Inc. to liability for any reason.
Brain Box, Inc. may suspend and terminate your services under this AUP without notice to you. Brain Box may also report your activities to federal, state, and/or local law enforcement agencies.
- Unlawful Purposes
You may use the services provided by Brain Box, Inc. only for lawful purposes. You may not transmit, store, or present any information, software, data, file, or material in violation of any applicable law or regulation. You may not use the provided services to facilitate or otherwise assist in the violation of any law or regulation.
- Spamming
Brain Box, Inc. striclty prohits your use of its services to transmit SPAM or to host a site that is advertised or announced via SPAM. "SPAM" is any form of unsolicited advertisement that is transmitted, whether singularly or in bulk, via any Internet based communications including, but not limited to, e-mail, chat programs, Internet facsimile, Internet phone, and instant messaging.
- Violations of Intellectual Property Rights
You many not use the services provided by Brain Box, Inc. in any manner that infringes upon the intellectual property rights of a third party including, but not limited to, trademarks, trade names, logos, domain names, patents, trade secrets, copyrighted information, and other proprietary rights of a third party. Although Brain Box may suspend or terminate your services upon its receipt of a third party claim, Brain Box, in its sole and exclusive discretion, allow you to continue use of its services to provide you time to provide Brain Box with a court order confirming that your activities do not infringe the intellectual property rights of such a third party.
- Defamation and Harassment
You may not use Brain Box services, to inlcude servers; routers; switches; and other equipment; data and telephone networks, to defame, harass, abuse, libel, slander, or threaten a third party or Brain Box and any of its agents.
- Child Pornography
You many not use the services provided by Brain Box, Inc. to disseminate or display images or other content that constitutes child pornography under United States laws. Brain Box, Inc. takes an active role in cooperating with law enforcement agencies in their efforts to prosecute violations of statutes concerning child pornography. Brain Box will report the use of its services in this manner as required by law. You may not be notified that Brain Box is cooperating with law enforcement or that you have been reported.
- Disruptive or Abusive Activity
You may not use Brain Box services:
- to forge, omit, or delete message headers to conceal the orign of a message;
- to create or transmit any Internet virus, worm, or computer code intended to disrupt services, destroy data, destroy equipment;
- to engage in any Internet attacks, whether intentional or incidental, including but not limited to:
- floods or other types of denial of service attacks
- unauthorized intrusion
- phishing
- to hack, or assist others in hacking the security of Brain Box services;
- to solicit or disseminate information that is considered to be confidential such as passwords or credit card information;
- in any manner that might subject Brain Box, Inc. to any liability or adversly affect Brain Box's public image, reputation, or business operations
- Privacy
You may view Brain Box's privacy at http://www.brainboxdev.com/privacy.aspx
While Brain Box, Inc. is concerned with the privacy of Internet communications, the Internet is no more secure than any other means of communications. You should be under the assumption that all Internet communications are insecure. Brain Box is not responsible for the security of any information transmitted through its services, unless it has expressly agreed to do so.
Brain Box, Inc. does not issue refunds or credits for outages that are the result of its decision to suspend or terminate its services for a violation of this policy. You agree to indemnify, defend, and hold harmless Brain Box, Inc. from any claims by any third party that they have been damaged as a result of the suspension or termination.
You are solely responsible for ensuring the materials disseminated or posted using Brain Box's services comply with this AUP and all applicable laws and regulations. Brain Box does not review, censor, or take any other responsibility for any information you, your employees, agents, or end users cause to be displayed on your web site.
It is your responsibility to provide accurate and current contact information. Brain Box is not responsible for communications that are misdirected as a result of your failure to provide Brain Box with accurate contact information and to keep that information updated.
Brain Box may disclose information, including that which you may consider confidential, in order to comply with a court or government order. Brain Box assumes no obligation to inform you that such information has been provided and in some cases may be prohibited by law from providing you notice.
Effective Date
This Acceptable Use Policy was last updated on December 1, 2006.
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