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1. Purpose
This Acceptable Use Policy outlines certain types of activity that are
expressly prohibited by DNS Made Easy (Tiggee LLC) ("Tiggee ") to
Users of Tiggee’s Network and related products and Services (the "Services").
This Policy is in addition to any restrictions or other limitations on use
that a User may be subject to by virtue of its Service Agreement with Tiggee.
Tiggee may modify this Policy at any time, effective upon posting of the
modified policy to the appropriate DNS Made Easy / Tiggee website. Please ask for anytime for the most recent
AUP.
2.
Application
This Policy applies to all Users of Tiggee’s Network. For the purposes of
this Policy, a User includes, collectively, a Tiggee’s customer, its
customers or end users, resellers, distributors, or any person or entity that
utilizes the Tiggee Network for any purpose whatsoever. This terms of use
contained in this Policy are intended to be in addition to any contractual
terms included in a User's Service Agreement.
3. Use of
the Tiggee Network
By accessing and utilizing the Tiggee Network and related services, Users
understand and acknowledge that:
- Tiggee does not routinely
monitor the content of its User's communications and except for
violations of this Policy, does not attempt to control, edit or
otherwise police the content of its Users' communications or other use
of its Network or its Services;
- Notwithstanding the
foregoing, Tiggee reserves the right to monitor its Network, including,
but not limited to, User communications and mailboxes, in order to
ensure compliance with this Policy, maintain its own network security,
or to address and resolve system problems with the Tiggee Network or
Services. Tiggee’s Network is not considered a secure communications
medium.
- User is responsible for the
security of its account(s) and password(s);
- except for products or
services identified as being supplied by Tiggee, Tiggee does not
operate, control, or endorse any information, product or services
available on the Internet;
- the Internet contains
unedited materials, some of which may be sexually explicit or offensive.
A User accesses such materials at its own risk.
4.
Prohibited Activites
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a. Illegal
Use
The Tiggee
Network may be used only for lawful purposes. 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.
b. System
and network security
Violations of
system or network security are prohibited, and may result in criminal and
civil liability. Tiggee will investigate incidents involving such violations
and may involve and will cooperate with law enforcement if a criminal
violation is suspected. Examples of system or network security violations
include, without limitation, the following:
- Unauthorized access to or use
of data, systems or networks, including any attempt to probe, scan or
test the vulnerability of a system or network or to breach security or
authentication measures without express authorization of the owner of
the system or network.
- Unauthorized monitoring of
data or traffic on any network or system without express authorization
of the owner of the system or network.
- Interference with service to
any User, host or network including, without limitation, mailbombing,
flooding, deliberate attempts to overload a system and broadcast
attacks.
- Forging of any TCP-IP packet
header or any part of the header information in an email or a newsgroup
posting.
- Use of IRC bots or clonebots.
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c. Email
Sending
unsolicited mail messages, including, without limitation, commercial
advertising and informational announcements, is explicitly prohibited. A User
shall not use another site's mail server to relay mail without the express
permission of the site.
d. Usenet
Posting the
same or similar message to one or more newsgroups (excessive cross-posting or
multiple-posting, also known as "SPAM") is explicitly prohibited.
e. Other
Types of Misuse
Tiggee reserves the right to protect its Network
and its Users from any activity that it deems, in its sole discretion, to be
an abuse or misuse of its Network. Such misuse or abuse may include, but is
not limited to, unauthorized attempts to gain root access or access to any
account not belonging to that User, use of Tiggee’s Network as a "staging
ground" to disable other systems or networks, or any other use that
adversely affects the ability of other Users or systems to use Tiggee’s
Network.
INDIRECT
OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY
A THIRD PARTY ON BEHALF OF A TIGGEE USER, SHALL BE CONSIDERED VIOLATIONS OF
THE POLICY BY SUCH USER.
5.
Investigation and Remedial Action
Complaints
regarding any violation of this Policy should be sent to
abuse@dnsmadeeasy.com.
It is
Tiggee's policy to investigate complaints in a commercially reasonable and
prompt manner. Tiggee reserves the right to take such actions as it, in its
sole discretion, deems necessary to secure the Tiggee Network or the rights of any User,
including, without limitation, suspension of service. A violation of this
Policy by a User may also be a breach of its contractual obligations to
Tiggee.
Where a User
is the subject of multiple or repeated complaints for the same or similar
conduct, in addition to any other rights Tiggee may have, Tiggee may charge
that User the reasonable costs of its investigation into such complaints.
6. NO
WARRANTIES; LIMITATION OF LIABILITY
- TIGGEE’s SERVICES ARE OFFERED
ON AN "AS IS, AS AVAILABLE BASIS". TIGGEE HEREBY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
- TIGGEE SHALL NOT BE LIABLE
FOR ANY CLAIMS OR DAMAGES, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, OR
SPECIAL, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR LOST PROFITS,
ARISING OUT OF USER'S USE OF THE TIGGEE NETWORK OR ITS RELATED PRODUCTS
AND SERVICES. IN ANY JURISDICTION THAT DOES NOT PERMIT A PARTY TO
DISCLAIM ALL LIABILITY, THEN TIGGEE'S LIABILITY SHALL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
- ANY AND ALL CLAIMS BY USER
ARE GOVERNED EXCLUSIVELY BY ITS SERVICE AGREEMENT WITH TIGGEE.
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