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Acceptable
Use Policy
The
Giants of Marketing aup was last updated 22nd May 2009.
The
Giants of Marketing’s Acceptable Use Policy (”AUP”)
is provided to give our customers and users a clear understanding
of what The Giants of Marketing expects of them while using
the service. All users of The Giants of Marketing’s Internet
services: those who access some of our Services but do not
have accounts, as well as those who pay a service fee to subscribe
to the Services, must comply with this AUP and our TOS (Terms
of Service).
Use
of The Giants of Marketing Service constitutes acceptance
and agreement to The Giants of Marketing’s AUP as well
as The Giants of Marketing’s TOS (Terms of Service)
We
support the uncensored flow of information and ideas over
the Internet and do not actively monitor subscriber activity
under normal circumstances. Similarly, we do not exercise
editorial control over the content of any web site, e-mail
transmission, newsgroups, or other material created or accessible
over or through the services, except for certain proprietary
Web sites. However, in accordance with our TOS (Terms of Service),
we may remove any materials that, in our sole discretion,
may be illegal, may subject us to liability, or which may
violate this AUP. The Giants of Marketing may cooperate with
legal authorities and/or third parties in the investigation
of any suspected or alleged crime or civil wrongdoing. Your
violation of this AUP may result in the suspension or immediate
termination of either your The Giants of Marketing account
or other actions.
This
document is intended to provide a basic understand of The
Giants of Marketing’s Acceptable Use Policy. The following
are guidelines for the establishment and enforcement of The
Giants of Marketing’s AUP:
* Ensure reliable service to our customers
* Ensure security and privacy of our systems and network,
as well as the networks and systems of others
* Comply with existing laws
* Maintain our reputation as a responsible service provider
* Encourage responsible use of the Internet and discourage
activities which reduce the usability and value of Internet
services
* Preserve the value of Internet resources as a conduit for
free expression and exchange of information
* Preserve the privacy and security of individual users
The
Giants of Marketing intends to provide its customers access
to everything the Internet has to offer. While The Giants
of Marketing is firmly committed to the principles of free
speech, certain activities that may be damaging to the resources
of both The Giants of Marketing and the Internet and cannot
be permitted under the guise of free speech. The resources
of The Giants of Marketing and the Internet are limited, and
abuse of these resources by one user has a negative impact
on the entire community.
We
do not routinely monitor the activity of accounts except for
measurements of system utilization and the preparation of
billing records. However, in our efforts to promote good citizenship
within the Internet community, we will respond appropriately
if we become aware of inappropriate use of our service.
You
may not use your server to publish material, which The Giants
of Marketing determines, at its sole discretion, to be unlawful,
indecent or objectionable. For purposes of this policy, “material”
refers to all forms of communications including narrative
descriptions, graphics (including photographs, illustrations,
images, drawings, logos), executable programs, video recordings,
and audio recordings.
If
a The Giants of Marketing account is used to violate the Acceptable
Use Policy or our TOS, we reserve the right to terminate your
service without notice. We prefer to advise customers of inappropriate
behavior and any necessary corrective action, however, flagrant
violations of the Acceptable Use Policy will result in immediate
termination of service. Our failure to enforce this policy,
for whatever reason, shall not be construed as a waiver of
our right to do so at any time.
As
a member of our network community, you must use your Internet
access responsibly. If you have any questions regarding this
policy, please contact us at abuse@The Giants of Marketing.com.
VIOLATIONS
OF The Giants of Marketing ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
1.
Illegal use:
The Giants of Marketing’s services may not be used for
illegal purposes, or in support of illegal activities. The
Giants of Marketing reserves the right to cooperate with legal
authorities and/or injured third parties in the investigation
of any suspected crime or civil wrongdoing.
2.
Harm to minors:
Use of the The Giants of Marketing service to harm, or attempt
to harm, minors in any way, including, but not limited to
child pornography.
3.
Threats:
Use of the The Giants of Marketing service to transmit any
material (by e-mail, uploading, posting or otherwise) that
threatens or encourages bodily harm or destruction of property.
4.
Harassment:
Use of the The Giants of Marketing service to transmit any
material (by e-mail, uploading, posting or otherwise) that
harasses another.
5.
Fraudulent activity:
Use of The Giants of Marketing service to make fraudulent
offers to sell or buy products, items, or services, or to
advance any type of financial scam such as “pyramid schemes,”
“ponzi schemes,” and “chain letters.”
6.
Forgery or impersonation:
Adding, removing or modifying identifying network header information
in an effort to deceive or mislead is prohibited. Attempting
to impersonate any person by using forged headers or other
identifying information is prohibited. The use of anonymous
remailers or nicknames does not constitute impersonation.
7.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM):
Use of the The Giants of Marketing service to transmit any
unsolicited commercial or unsolicited bulk e-mail is expressly
prohibited. Violations of this type will result in the immediate
termination of the offending The Giants of Marketing account.
IMPORTANT
NOTICE:
Anyone hosting web sites or services on their server that
support spammers or cause any of our IP space to be listed
in any of the various Spam Databases will have their server
immediately removed from our network. The server will not
be reconnected until such time that you agree to remove ANY
and ALL traces of the offending material immediately upon
reconnection and agree to allow us access to the server to
confirm that all material has been COMPLETELY removed. Severe
violations may result in immediate and permanent removal of
the server from our network without notice to the customer.
Any server guilty of a second violation WILL be immediately
and permanently removed from our network without notice.
8.
E-mail / News Bombing:
Malicious intent to impede another person’s use of electronic
mail services or news will result in the immediate termination
of the offending The Giants of Marketing account.
9.
E-mail / Message Forging:
Forging any message header, in part or whole, of any electronic
transmission, originating or passing through the The Giants
of Marketing service is in violation of this AUP.
10.
Usenet SPAMing:
The Giants of Marketing has a zero tolerance policy for the
use of its network for the posting of messages or commercial
advertisements, which violate the rules, regulations, FAQ
or charter of any newsgroups or mailing list. Commercial messages
that are appropriate under the rules of a newsgroup or mailing
list or that are solicited by the recipients are permitted.
11.
Unauthorized access:
Use of the The Giants of Marketing service to access, or to
attempt to access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures of The Giants of
Marketing’s or another entity’s computer software
or hardware, electronic communications system, or telecommunications
system, whether or not the intrusion results in the corruption
or loss of data, is expressly prohibited and the offending
The Giants of Marketing account is subject to immediate termination.
12.
Copyright or trademark infringement:
Use of the The Giants of Marketing service to transmit any
material (by e-mail, uploading, posting or otherwise) that
infringes any copyright, trademark, patent, trade secret or
other proprietary rights of any third party, including, but
not limited to, the unauthorized copying of copyrighted material,
the digitization and distribution of photographs from magazines,
books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software.
The
customer understands, acknowledges and agrees that by initial
and continued use of the services provided by The Giants of
Marketing, hereinafter referred to as “The Giants of
Marketing”, that he or she agrees to, and is bound by
the The Giants of Marketing Digital Millennium Copyright Act
Policy.
The
customer understands, acknowledges and agrees that The Giants
of Marketing may revise policies, agreements and notices at
any time without notice and that he or she shall be bound
by the policies, agreements and notices as currently posted
on the The Giants of Marketing web site which as a whole shall
constitute The Giants of Marketing’s Acceptable Use Agreement.
The
Giants of Marketing is committed to complying with U.S. copyright
law and expects all end users who access some of our Services
but do not have accounts (”Visitors”) as well as
those who pay a monthly service fee to subscribe to the Services
(”Subscribers”) to do the same.
The
Digital Millennium Copyright Act of 1998 (”DMCA”)
provides recourse for owners of copyrighted material who believe
that their rights under U.S. copyright law have been infringed
on the Internet.
Under
the DMCA, copyright owners may contact the authorized agent
of an Internet service provider to report alleged infringements
of their protected works appearing on Web pages hosted by
the service provider.
Upon
receipt of a properly filed complaint satisfying the requirements
of the DMCA, The Giants of Marketing will remove or block
access to the allegedly infringing material. If a Member or
user of the The Giants of Marketing Service believes in good
faith that a notice of copyright infringement has been wrongly
filed, such person may submit a counter notice to The Giants
of Marketing. The Giants of Marketing will not be a party
to disputes over alleged copyright infringement.
This
information should not be construed as legal advice to our
Subscribers or Visitors. If you believe that your copyrights
have been infringed, or if a notice of copyright infringement
has been filed against you, we advise that you seek legal
counsel. We are providing the following information to you
for informational purposes only.
Notification
of Claimed Copyright Infringement
If
you believe that a Web page hosted by The Giants of Marketing
is violating your rights under U.S. copyright law, you may
file a complaint of such claimed infringement with The Giants
of Marketing’s designated agent in by email or support
ticket:
admin@The
Giants of Marketing.com
http://The
Giants of Marketing.net/hesk
For
your complaint to be valid under the DMCA, you must provide
the following information when providing notice of the claimed
copyright infringement:
a.
A physical or electronic signature of a person authorized
to act on behalf of the copyright owner.
b. Identification of the copyrighted work claimed to have
been infringed.
c. Identification of the material that is claimed to be infringing
or to be the subject of the infringing activity and that is
to be removed or access to which is to be disabled as well
as information reasonably sufficient to permit The Giants
of Marketing to locate the material.
d. Information reasonably sufficient to permit the service
provider to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address.
e. A statement that the complaining party has a good faith
belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or law.
f. A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
For
more details on the information required for valid notification,
see 17 U.S.C. 512(c)(3).
You
should be aware that, under the DCMA, claimants who make misrepresentations
concerning copyright infringement may be liable for damages
incurred as a result of the removal or blocking of the material,
court costs, and attorneys fees.
Counter
Notification to Claimed Copyright Infringement
If
a notice of copyright infringement has been filed against
you, you may file a counter notification with The Giants of
Marketing’s designated agent at the address listed above.
Such counter notification must contain the following information:
a.
physical or electronic signature.
b. Identification of the material that has been removed or
to which access has been disabled and the location at which
the material appeared before it was removed or access to it
was disabled.
c. A statement under penalty of perjury that the Member has
a good faith belief that the material was removed or disabled
as a result of mistake or misidentification.
d. Your name, address, and telephone number, and a statement
that you consent to the jurisdiction of the federal district
court for the federal district in which you are located, and
that you will accept service of process from the complainant.
If
The Giants of Marketing receives a valid counter notification,
the DMCA provides that the removed material will be restored,
or access re-enabled.
Please
be advised that U.S. copyright law provides substantial penalties
for a false counter notice filed in response to a notice of
copyright infringement.
This
policy was last modified and published Saturday, September
6, 2003 and supercedes any and all previous policies governing
the The Giants of Marketing Digital Millennium Copyright Act
Policy.
13.
Collection of personal data:
Use of the The Giants of Marketing service to collect, or
attempt to collect, personal information about third parties
without their knowledge or consent.
14.IRC:
Use of IRC or IRC bots or clonebots is not allowed. An IRC
bot is a program which runs and is connected to an IRC server
24 hours a day, automatically performing certain actions
15.
Network disruptions and unfriendly activity:
Use of the The Giants of Marketing service for any activity
which affects the ability of other people or systems to use
The Giants of Marketing Services or the Internet. This includes
“denial of service” (DOS) attacks against another
network host or individual user. Interference with or disruption
of other network users, services or equipment is prohibited.
It is the Member’s responsibility to ensure that their
network is configured in a secure manner. A Subscriber may
not, through action or inaction, allow others to use their
network for illegal or inappropriate actions. A Subscriber
may not permit their network, through action or inaction,
to be configured in such a way that gives a third party the
capability to use their network in an illegal or inappropriate
manner. Unauthorized entry and/or use of another company and/or
individual’s computer system will result in immediate
account termination. The Giants of Marketing will not tolerate
any subscriber attempting to access the accounts of others,
or penetrate security measures of other systems, whether or
not the intrusion results in corruption or loss of data.
16.
Fraud:
Involves a knowing misrepresentation or misleading statement,
writing or activity made with the intent that the person receiving
it will act upon it.
17.
Infringement of Copyright, Patent, Trademark, Trade Secret,
or Intellectual Property Right
Distribution and/or posting of copyrighted or the aforementioned
infringements will not be tolerated.
18.
Distribution of Viruses:
Intentional distributions of software that attempts to and/or
causes damage, harassment, or annoyance to persons, data,
and/or computer systems are prohibited. Such an offense will
result in the immediate termination of the offending account.
19.
Inappropriate Use of Software:
Use of software or any device that would facilitate a continued
connection, i.e. pinging, while using The Giants of Marketing
services could result in suspension service.
20.
Third Party Accountability:
The Giants of Marketing subscribers will be held responsible
and accountable for any activity by third parties, using their
account, that violates guidelines created within the Acceptable
Use Policy.
You
are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family member,
guest or employee. Therefore, you must take steps to ensure
that others do not gain unauthorized access to your account.
In addition, you may not use your account to breach security
of another account or attempt to gain unauthorized access
to another network or server.
Your password provides access to your account. It is your
responsibility to keep your password secure.
Sharing
your password and account access with unauthorized users is
prohibited. You should take care to prevent others from using
your account since you will be held responsible for such use.
Attempting to obtain another user’s account password
is strictly prohibited, and may result in termination of service.
You
must adopt adequate security measures to prevent or minimize
unauthorized use of your account.
You
may not attempt to circumvent user authentication or security
of any host, network or account. This includes, but is not
limited to, accessing data not intended for you, logging into
or making use of a server or account you are not expressly
authorized to access, or probing the security of other networks.
Use or distribution of tools designed for compromising security
is prohibited. Examples of these tools include, but are not
limited to, password guessing programs, cracking tools or
network probing tools.
You
may not attempt to interfere with service to any user, host
or network (”denial of service attacks”). This includes,
but is not limited to, “flooding” of networks, deliberate
attempts to overload a service, and attempts to “crash”
a host.
Users
who violate systems or network security may incur criminal
or civil liability. The Giants of Marketing will cooperate
fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement
authorities in the investigation of suspected criminal violations.
21.
P2P File Sharing
Nothing such as Kazza or any P2P system may be used on any
of our services. Provision of such services will result in
instant termination of your account without refund.
22.
No Very High CPU Usage Programs Allowed
23.
No DDOS
If you are DoS’ed we reserve the right to suspend your
account to limit the attack. If you are found to of caused
the DDOS your account may be suspended or cancelled.
24.
No Warez
25.
No child pornography
26.
No provision of free email services
27.
No provision of shell accounts
28.
No changes to IP allocations/assignments/routing may be made
to our network without express written permission.
Network
Performance
The Giants of Marketing accounts operate on shared resources.
Excessive use or abuse of these shared network resources by
one customer may have a negative impact on all other customers.
Misuse of network resources in a manner which impairs network
performance is prohibited by this policy and may result in
termination of your account.
You
are prohibited from excessive consumption of resources, including
CPU time, memory, disk space and session time. You may not
use resource-intensive programs which negatively impact other
customers or the performances of The Giants of Marketing systems
or networks. The Giants of Marketing reserves the right to
terminate or limit such activities.
REPORTING
VIOLATIONS OF The Giants of Marketing AUP
The
Giants of Marketing requests that anyone who believes that
there is a violation of this AUP direct the information to
the Abuse Department at abuse@The Giants of Marketing.com.
If
available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the
time zone or offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of the above,
as do system log files. Other situations will require different
methods of providing the above information.
REVISIONS
TO THIS ACCEPTABLE USE POLICY
The Giants of Marketing reserves the right to revise, amend,
or modify this AUP and our other policies and agreements at
any time and in any manner.
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