The purpose of this Agreement is to set forth an Acceptable Use Policy (“AUP”) by which Customer will abide while using, renting, leasing, or otherwise making use of Company goods and services. By using Company´s Web Hosting and Email services, Customer agrees to comply with the following policies and assume responsibility for the compliance of all Customer´s Users permitted by Customer to use Company products and services.
1. Limit of Liability
Company shall not be liable for any content posted, opinions expressed, or actions taken by any of the Users of Company 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. Company 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.
2. 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 Company servers. Company reserves the right to immediately and without notice to the User, terminate any service or process that uses a disproportionate amount of any system resources.
3. Adult Content
Only legal Adult Content is allowed.
4. 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 Company 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. Customer´s or Customer´s Users shall not engage in forging of any TCP-IP packet header, email headers, or any other information provided or passed through Company Systems or Network at any time.
5. Consequences of Violation
If Company 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 web site, made available to Customer via email, or posted in any other form, Company shall initiate an investigation. During the investigation, Company may restrict Customer or Customer´s Users´ access to Company products and services in order to prevent further possible unauthorized activity. Company may, at its sole discretion, restrict, suspend, or terminate Customer’s account without notice or refund, or pursue civil remedies as it deems necessary. Company shall notify the appropriate law enforcement department of any such violations. Company shall not be responsible for any payment, refunds, or compensation in any way for service disruptions or termination resulting from violations of this Agreement.
6. Prohibited uses
Prohibited Offerings: No Subscriber may utilize the Services to provide, sell or offer to sell the following controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products,programs or services; escort services or other content deemed adult related.
Private Information and Images: Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).
Violations of Intellectual Property Rights: Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. newmoonweb.com is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see “Copyright Infringement Notice Information” below).
Viruses and Other Destructive Activities: Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited.
Hacking: “Hacking” and related activities are prohibited
Child Pornography: The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. newmoonweb.com is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.