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acceptable
use policy (aup)
For the purposes of this
Agreement, 'You/Your' means You, our clients, and 'We/Us/Our' means
us, wildvalleymedia. In accessing this website and
using any of our services You are agreeing to the wildvalleymedia Acceptable
Use Policy (AUP). In accepting services from wildvalleymedia,
You
enter into this Agreement in its entirety.
The purpose of this policy is
to set forth an Acceptable Use Policy (AUP) by which You will abide
while using, renting, leasing, or otherwise making use of wildvalleymedia goods
and services.
The objective is for us to be able
to prevent the fraudulent and immoral use of webspace (to protect our
children and other
segments of
society
from defamatory, racist, violent or lewd internet sites); as well as
to maintain a high-level of service by stopping abuse of our resources.
By using wildvalleymedia’s
web hosting and email services, You agree to comply with the following
policies and assume responsibility
for the
compliance of all Your Users permitted by You to use wildvalleymedia products and services.
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Potentially Tortuous
or Illegal Conduct
The following shall be construed as violations of this
Agreement and may result in suspension or deletion of a
Your account
or in Termination of this Agreement.
a) wildvalleymedia products and
services may only be used only for lawful purposes. Transmission,
distribution, or storage of any material
in violation of any applicable law or regulation is strictly
prohibited. This includes, without limitation, material protected
by copyright,
trademark, trade secret, or other intellectual property right
used without proper authorization, or material that is obscene,
defamatory,
constitutes an illegal threat, or violates export control
laws.
Non-acceptable content or links may include, but are
not
limited to: Pirated software,
Hackers’ programs or archives, Warez, Game Mods or Patches,
Irc Bots, Chat Sites/Servers, Pornography and Adult Content,
TGP, or any other file or media deemed by wildvalleymedia to
be illegal
or for which You or Your Users do not have the
legal right to use, post, or otherwise store on wildvalleymedia servers. b) No one shall post defamatory, scandalous, or private
information about a person without their consent or with intention
to inflict
emotional distress, or post any information that violates any
rightful trademarks, copyrights, or other intellectual property
rights.
c) Sending unsolicited email messages ('Spam')
from or through wildvalleymedia’s
servers, including, without limitation, commercial advertising
or informational
announcements, shall be prohibited.
wildvalleymedia reserves the right
to terminate this Agreement and
Your account if
wildvalleymedia determines that
unsolicited mass email has occurred or if wildvalleymedia receives
complaints that unsolicited email messages have been sent
from Your account.
d) Posting to any
Usenet or other newsgroup, forum, email mailing list or
other similar group, listing articles with
the intent
to engage in commercial advertising or informational announcements.
In UK/European Law this constitutes 'Spam'.
e) Engaging in any of the foregoing activities using the
service of another provider, but channelling such activities
through
a wildvalleymedia-provided
server, or using a wildvalleymedia -provided
server as a mail drop
for responses.
f) Any unauthorized distribution or copying
of copyrighted material, violations of UK export restrictions,
harassment,
fraud, dealing
in contraband, and other illegal activities, or dealing
in content and material that has been deemed illegal
in the
Your community,
state, province, or municipality.
g) Falsifying any
User information provided to wildvalleymedia or
to other Users of the service in connection with
the use of a wildvalleymedia service.
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System and Network Security
Violations of system or network security are strictly prohibited,
and may result in criminal or civil liability. Examples include,
but are not limited to: allowing unauthorized access, use, probe,
or scan of any wildvalleymedia system,
security, authentication measures, data or traffic; interference
with service to any User,
host or network, mail bombing, flooding, or attempts to overload
a system or broadcast attacks. You or Your
Users shall not engage in forging of any TCP-IP packet header,
email headers, or any other information provided or passed through
wildvalleymedia Systems or Network at
any time.
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Misuse of System Resources
It is a violation for anyone who, including but not limited to, employs posts
or programs that consume excessive CPU time, server memory, or storage space;
permits the use of mail services, mail forwarding capabilities, POP accounts,
or auto-responders other than for their own account; or resells access to CGI
scripts installed on wildvalleymedia servers.
wildvalleymedia reserves
the right to immediately and without notice to the You, terminate any
service or process that uses a disproportionate amount of
any system resources.
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Consequences of Violation
If wildvalleymedia becomes aware of an alleged violation
of any of the terms contained in this Agreement, or any other policy that has
been posted on its
website, made available to You via email, or posted in any other form,
wildvalleymedia shall initiate an investigation.
During
the investigation, wildvalleymedia may restrict
You or Your Users’ access to wildvalleymedia products
and services in order to prevent further possible unauthorized activity.
wildvalleymedia may,
at its sole discretion, restrict, suspend, or terminate Your account
without notice or refund,
or pursue civil remedies as
it
deems necessary. wildvalleymedia shall
notify the appropriate law enforcement department of any such violations.
wildvalleymedia shall not be responsible
for any payment, refunds, or compensation in any way for service disruptions
or termination resulting from violations of this Agreement.
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Domain Agreements,
Restrictions, and Transfer Policies
Under ICANN policy, wildvalleymedia is
prohibited from allowing the transfer of domain name Registrars
during
the first sixty (60) days after the initial registration
of the domain name. This applies to ALL domain names, regardless of where they
are purchased. These are ICANN rules.
Domain names cannot be transferred to or from wildvalleymedia’s
system within this period. Beginning on the sixty-first (61st) day after
the initial registration, the procedures for transferring
domain names can be completed
without restriction. The full ICANN policy concerning domain name registration
can be found at www.icann.org.
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Domain Name Transfer
Notifications
wildvalleymedia does not guarantee that all domain
name transfers or updates to DNS records, MX records, Aliasing Records, URL forwarding,
domain name forwarding
or other Registrar or DNS-related service or product will succeed.
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DNS Information
wildvalleymedia shall not be responsible for updating
any of the DNS records or entries for transferred domain names. You shall have
sole responsibility
for ensuring that all relevant DNS entries for domain name(s) are correct.
Fees paid for transferred domain names are not refundable if the transfer fails
for any reason. This may include, but is not limited to: timeouts resulting
from a delay in owner or registry approval, incorrect contact information in
the WHOIS record, or attempted transfers of domains that are not transferable
for any other reason.
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Right to Service
a) wildvalleymedia's service
will be provided on an ‘as is, as available’ basis.
Further, wildvalleymedia provides no warranty, written,
expressed, or implied, for any web hosting and email services provided, including,
without limitation,
warranty of the merchantability and warranty of fitness for a particular purpose.
This
expressly includes any reimbursement for losses of income due to disruption
of service by wildvalleymedia or its providers
beyond the fees paid for these services.
b) You
and Your Users will use the web hosting and email services in a manner
consistent and compliant with any and all applicable UK and European laws.
c) Use of any
information obtained by way of wildvalleymedia is
at Your own risk, and wildvalleymedia specifically
denies any responsibility
for the
accuracy or
quality of information obtained through its services. wildvalleymedia makes no warranty, written, expressed or implied of any
guaranteed uptime, or
that the
service will function at a reliable level based on past performance. d)
wildvalleymedia is not responsible
for any damages arising from Your or Your Users use of
wildvalleymedia’s
services or by any inability to use the web hosting and
email services
for any reason.
e) wildvalleymedia shall make
every reasonable effort to protect data stored on Your server(s).
wildvalleymedia is
not responsible for You or Your Users’ data,
files, or directories residing on wildvalleymedia's
equipment. You are solely responsible for maintaining data, files,
and
back-ups.
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Limit of Liability
wildvalleymedia shall not be liable for any content
posted, opinions expressed, or actions taken by any of the Users of wildvalleymedia services.
Any
conduct that violates the laws, regulations, or the accepted norms of the
Internet community or the community standards in which the
User lives, whether expressly
mentioned in this Agreement or not, is strictly prohibited.
wildvalleymedia reserves
the exclusive right to prohibit any activities that it deems will adversely
affect its commercial reputation or goodwill, endanger its network,
impact its Customers, or expose it to liability or tort.
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Modification of Agreement
wildvalleymedia reserves the right to add, modify,
or delete any provision of this Agreement at any time and without notice. wildvalleymedia reserves
the exclusive right and will be the sole arbiter as to what constitutes a violation
of any of these provisions. The AUP will always be found at this web address.
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