This document explains the Acceptable Use Policy for use of services provided by Maleserver (hereinafter known as Maleserver) by the client/user (hereinafter known as Customer). This document supersedes all
forms of this document previously published by Maleserver. This document is maintained and published on-line on the Maleserver home page
All Customers of Maleserver are required to be familiar with this policy. Use of Maleserver services in any form constitutes acceptance of this Acceptable
Use Policy and agreement to adhere to it.
This Acceptable Use Policy may be known hereinafter as policy, AUP or Acceptable Use Policy.
Account and Policy Term
The effective date of these Terms and Conditions and the Acceptable Use Policy is the date of acceptance by the Customer of services from Maleserver, and they shall remain in effect until Customer terminates his/her account or Maleserver cancels Customer's account.
Maleserver reserves the right to change the terms and conditions of use or its Acceptable Use Policy at any time. Notification of changes will be
announced via email. If customer does not agree to changes, Customer may cancel services by giving Maleserver proper written notice as directed
Termination for Cause
Maleserver may terminate an account at any time for any violation of this Acceptable Use Policy. Such termination generally means that all files are deleted and all services are rescinded. All losses and expenses suffered by Customer as a result of such termination will be Customer's to bear alone, and Maleserver will have no liability whatsoever.
Provision of Services
Maleserver will provide services on its host computing systems to customers in exchange for banner advertising on Customer's Maleserver-hosted sites and compliance with this Acceptable Use Policy. Maleserver services are defined as the use by Customer of computing, telecommunications, software, and information services provided by Maleserver. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the worldwide computer network known as the Internet.
Security of Accounts
Maleserver accounts are for individual Customers. Customer therefore agrees not to share the password of the account with others. Customer agrees
to maintain a secure password to the account and is responsible for any use of his/her account. Customer agrees not to use any Maleserver services
to obtain the passwords of other customers on Maleserver or other systems. Customer agrees not to use Maleserver services to make unauthorized
attempts to access any systems and networks.
Use of Internet Services
Customer agrees not to use Maleserver services to violate copyright or other intellectual property rights. For example, Customer may not upload or download commercial software in violation of software license agreements. Customer agrees to use the services provided by Maleserver as permitted by applicable local, state, and federal laws. Customer agrees, therefore, not to use these services to conduct any business or activity that is prohibited by law.
Specific Acceptable Use Policies
Maleserver believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to
the same degree as they do to print media. Maleserver has no intention of infringing upon those rights.
Unauthorized use of other people's accounts or computers
Maleserver will react strongly to any unauthorized use or attempted unauthorized use of an Internet account or computer without the owner's
authorization. Whether or not the attacked account or computer belongs to Maleserver, such attempts include but are not limited to "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, and denial of service attacks.
Possible actions including warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.
Commercial advertising is an accepted and welcome use of the Internet. However, there is appropriate and inappropriate Internet advertising. ISPs that don't abide by this Internet standard may be denied access to newsgroups and in some cases to the Internet entirely.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most E-mail mailing lists. Inappropriate postings may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Unsolicited commercial advertisements sent out via E-mail or to many off-topic newsgroups are not allowed. Generally ads should be placed in the ".biz" newsgroup hierarchy.
Sending a message, such as unsolicited e-mail, especially an unrequested advertisement, to multiple recipients is by itself "spamming," unauthorized use of E-mail, unless the individuals have specifically requested to be added to a mailing list on that topic.
Make Money Fast
Any mailing or posting of "Make Money Fast" (MMF) or "Fast Cash" or pyramid schemes or chain letters of any sort will result in quick account termination. Pyramid schemes are illegal no matter how the message is presented. Pyramid schemes are NOT permitted.
Maleserver assumes no legal liabilities relating to Customer's use of Maleserver's computer network and equipment. However, Maleserver requires that its customers not use Maleserver's network for illegal purposes. In any legal matters that result from a Customers action, Maleserver is under no obligation to defend itself rather than settle. Any losses suffered by Maleserver to settle or defend legal action, and all civil or criminal penalties inflicted on Maleserver as a result of any Customers act are payable by the customer. Customer shall have no defense against prompt and full repayment to Maleserver. When presented with a search warrant, Maleserver is obligated to release appropriate information requested, and will cooperate with the authorities in any criminal investigation.
While Maleserver recognizes that the legal status of the Internet has not yet been fully resolved, Maleserver considers certain actions illegal
and therefore not allowed on its network, for example; unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources.
Maleserver makes no representations concerning any attempt to review the content of sites hosted on its servers, and so Maleserver is not responsible for the accuracy, copyright compliance, legality or decency of material contained in sites hosted on its servers.
Harassment or abusive use of E-mail and other Internet services is a serious misuse of Internet resources. Maleserver will handle incidents of harassment on a case-by-case basis, consulting with the parties involved.
Inappropriate use of Web Service
Maleserver provides space for commercial web pages with some services. Maleserver maintains no responsibility for the content of such pages. Maleserver will handle complaints about inappropriate web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code, bulk E-mail lists, illicit advertising, and web-based services that allow members of the public to send E-mail or post news anonymously.
Abuse of Maleserver Services
Any use of Maleserver system resources that disrupts the normal operation of the system or the use by other Maleserver customers is considered to be abuse of system resources and is grounds for administrative intervention. Use of Maleserver computers or Internet connection to send ping or other packets in an attempt to deny service to another user is considered abuse. Depending on the nature and the severity of the abuse, the customer may receive an E-mail warning, have his processes halted, or have his account suspended. If the misuse is unintentional or has other mitigating circumstances, the suspension may be rescinded but may require a reconnection charge. Customers who believe their activity has been inappropriately handled may appeal to Maleserver Management.
To report abuse of Maleserver systems, please send a message to abuse@Maleserver.com. Please include the URL of the site in question, as well as any other pertinent information.
Offensive or Adult Materials
Maleserver does not censor on the basis of politics, religion, sexual themes, or artistic content. Maleserver has no control over the content of materials accessed. Some materials may be offensive or adult in nature. Parents are responsible for monitoring children's exposure to any material. Maleserver assumes no responsibility for any material or for monitoring or controlling access to such material.
Maleserver makes no warranties of any kind, whether expressed or implied, for its services. Maleserver specifically disclaims any
implied warranties of merchantability or fitness for any particular purpose. Maleserver will not be held responsible for any losses or
damages resulting from delays, non-deliveries, mis-deliveries, service interruption, or Customer's or Maleserver's errors or omissions.
Maleserver will not under any circumstances be responsible for consequential damages.
Maleserver reserves the right to suspend or terminate accounts for any reason, if, in Maleserver's opinion, the Customer is disrupting or threatening the operation of this site and/or the Internet or its components. In the context of this AUP, using other sites or servers to abuse the net via Maleserver access is regarded the same as using Maleserver's site.
These rules cannot be superseded by any verbal agreements of Maleserver employees or customers. Any agreement modification or special changes to this AUP must be in writing and signed by an officer of the Company.
The laws of Washington State shall govern the validity, construction and performance of this AUP and Customer's agreement to abide by this AUP.
If any provision of this policy is held by a court to be contrary to law, the remaining provisions will remain in full force and effect.