|
The Game Monsters Acceptable Use Policy
(Version 4.0 - Revised October 01,
2006)
- Scope.
This Acceptable Use Policy (this "Policy") governs the
usage of The Game Monsters products and services (the
"Services"). This Policy is incorporated by reference
into each contract The Game Monsters enters into with a
customer (each, a "Customer") for the use of such
Services. The Game Monsters may modify this Policy at
any time without notice. In addition, this Policy is
incorporated by reference into the
Terms and
Conditions applicable to The Game Monsters Web site
so that no person who utilizes The Game Monsters Web
site (regardless of whether that person is a Customer)
may take any action utilizing The Game Monsters Web site
that a Customer would be prohibited to take utilizing
the Services.
- Purpose. The purpose of this Policy
is to enhance the quality of the Services and to protect
The Game Monsters customers, and the Internet community
as a whole, from illegal, irresponsible, or disruptive
Internet activities. This Policy applies to each
Customer and its employees, agents, contractors or other
users of such Customer who obtain Services from The Game
Monsters (each such person being a "User"). Each User
should use common sense and good judgment in connection
with the Services. Parents or guardians should always
supervise minors in using the Internet. Parents and
guardians should remain aware at all times of what is on
the Internet and how the minors under their care are
using the Services and the Internet.
- Prohibited Uses. Users may not:
- Utilize the Services to send
mass unsolicited e-mail to third parties.
Provided, however, that Users may use software
programs or services provided by The Game Monsters
to send unsolicited commercial e-mail so long as the
User ensures that such transmissions comply with all
applicable regulations, rules and laws, including,
without limitation, the U.S. CAN-SPAM Act of 2003.
- Utilize the Services in
connection with any illegal activity.
Without limiting the general application of this
rule, Users may not:
- Utilize the Services to copy
material from third parties (including text,
graphics, music, videos or other copyrightable
material) without proper authorization;
- Utilize the Services to
misappropriate or infringe the patents,
copyrights, trademarks or other intellectual
property rights of any third party;
- Utilize the Services to traffic in
illegal drugs, illegal gambling, obscene
materials or other any products or services that
are prohibited under applicable law;
- Utilize the Services to export
encryption software to points outside the United
States in violation of applicable export control
laws; or
- Utilize the Services in any manner
that violates applicable law.
- Utilize the Services in
connection with any tortious or actionable activity.
Without limiting the general application of
this rule, Users may not:
- Utilize the Services to publish or
disseminate information that (A) constitutes
slander, libel or defamation, (B) publicizes the
personal information or likeness of a person
without that person’s consent or (C) otherwise
violates the privacy rights of any person.
- Utilize the Services to threaten
persons with bodily harm, to make harassing or
abusive statements or messages, or to solicit
the performance of acts or services that are
illegal under applicable law.
- Utilize the Services in
connection with any other disruptive or abusive
activity. Without limiting the general
application of this rule, Users may not:
- Utilize the Services to cause
denial of service attacks against The Game
Monsters or other network hosts or Internet
users or to otherwise degrade or impair the
operation of The Game Monsters servers and
facilities or the servers and facilities of
other network hosts or Internet users;
- Post messages or software programs
that consume excessive CPU time or storage
space;
- Utilize the Services to offer mail
services, mail forwarding capabilities, POP
accounts or auto responders other than for the
User’s own account;
- Utilize the Services to resell
access to CGI scripts installed on The Game
Monsters servers;
- Utilize the Services to subvert, or
assist others in subverting, the security or
integrity of any The Game Monsters systems,
facilities or equipment;
- Utilize the Services to gain
unauthorized access to the computer networks of
The Game Monsters or any other person;
- Utilize the Services to provide
passwords or access codes to persons not
authorized to receive such materials by the
operator of the system requiring the password or
access code;
- Utilize the Services to (A) forge
the signature or other identifying mark or code
of any other person, (B) impersonate or assume
the identity or any other person, or (C) engage
in any other activity (including "spoofing") to
attempt to deceive or mislead other persons
regarding the true identity of the User
(excluding the use of anonymous remailers or
Internet nicknames);
- Utilize the Services to distribute
or post any virus, worm, Trojan horse, or
computer code intended to disrupt services,
destroy data, destroy or damage equipment, or
disrupt the operation of the Services;
- Utilize the Services to conduct
port scans or other invasive procedures against
any server (except any server for which the User
is an authorized system administrator);
- Utilize the Services to distribute,
advertise or promote software or services that
have the primary purpose of encouraging or
facilitating unsolicited commercial e-mail or
spam;
- Utilize the Services to solicit or
collect, or distribute, advertise or promote,
e-mail address lists for the purpose of
encouraging or facilitating unsolicited
commercial e-mail or spam;
- Utilize the Services in any manner
that might subject The Game Monsters to
unfavorable regulatory action, subject The Game
Monsters to any liability for any reason, or
adversely affect The Game Monsters public image,
reputation or goodwill, including, without
limitation, sending or distributing sexually
explicit, hateful, vulgar, racially, ethnically
or otherwise objectionable materials as
determined by The Game Monsters in its sole
discretion; or
- Utilize the Services in any other
manner to interrupt or interfere with the
Internet usage of other persons.
- Violations
- Disclaimer. The Game
Monsters expressly disclaims any obligation to
monitor its Customers and other Users with respect
to violations of this Policy. The Game Monsters has
no liability or responsibility for the actions of
any of its Customers or other Users or any content
any User may post on any Web site.
- Reporting Non-Copyright
Violations. The Game Monsters encourages
Users to report violations of this policy by e-mail
to:
abuse@TheGameMonsters.com, including in any such
report the name of the offending domain (for
example, abc.com) and the type of abuse (for
example, spam, illegal acts, harassment, etc.) in
the "subject" field of the e-mail.
- Reporting Copyright Violations.
The Game Monsters complies with the Digital
Millennium Copyright Act ("DMCA"). The Game Monsters
encourages Users to report an alleged copyright
infringement involving a user by sending a notice
that complies with the DMCA to:
DMCA Notices
Attention: Legal Compliance
TGM Networks LLC
PO Box 306
Sherman, IL 62684
- Remedies. If The Game
Monsters learns of a violation of this Policy, The
Game Monsters will respond to the applicable
Customer and may, in The Game Monsters sole
discretion, take any of the following actions, in
accordance with the severity and duration of the
violation:
- Warning the Customer;
- Suspending the offending Customer
from the Services;
- Terminating the offending Customer
from the Services;
- Imposing fees or charges on the
offending Customer account in accordance with
the applicable service contract;
- Removing the offending content; and
- Taking other action in accordance
with this Policy, the applicable service
contract or applicable law.
- Reservation of Rights. The Game
Monsters reserves the right to cooperate with
appropriate legal authorities in investigations of
claims of illegal activity involving The Game Monsters
Services, Customers and other Users. The Game Monsters
reserves all other rights to respond to violations of
this Policy to the extent of applicable law and in
accordance with any applicable contractual obligations.
The Game Monsters may utilize technical means to monitor
communications into, and out of, its network facilities
to prevent the introduction of viruses or other hostile
code, to prevent intrusions and otherwise to enforce
this Policy and each Customer agrees that The Game
Monsters is authorized to monitor its communications
through The Game Monsters network for such purposes.
6. Customer Obligations for Software EULAS & Related
Legal Ageements. Customer agrees to maintain full
compliance with the various Acceptable Use Policies, User
Agreements, Terms & Conditions and End User License
Agreement (EULA) in force for the affected software title
they have installed on thier game server leased from The
Game Monsters (Please review the legal information provided
by the publishers of the respective software titles). If
Customer access to their leased services is prohibited by
the software publisher for any reason, the Customer will not
be entitled to a refund. It is the Customers responsibility
to maintain their software access priviledges in good
standing with the software publisher. If a Customer is found
to be manipulating software features to circumvent designed
features or controls they may be subject to the remedies
listed below. In the event Customer is found to be in
violation of the software publishers legal terms and
requirements, the Customer may have their game server lease
cancelled for violation of our policies and the polices of
the game publisher. Additional remedies for violation of
this section may include, but are not limited to: modified
settings, restricted access, disabling of features, modified
access, modified or restricted administrative access,
revoked administrative priviledges, temporary suspension of
services or cancellation of services. Customer agrees and
accepts that the applied remedy will be at the sole
discretion of The Game Monsters. If a Customer has violated
this clause, they will not be subject to any refunds or
service credits of any kind. Please review the various legal
documentation provided by the software publishers for your
selected services. |