Use and Abuse of the Services at MakingComputers.com
You are
responsible for all use of your website, with or without your
knowledge or consent.
You agree to
use the Services only for lawful purposes, in compliance with
all applicable laws. Illegality includes, but is not limited to,
drug dealing; attempting without authorization to access a
computer system; pirating (distributing copyrighted material in
violation of copyright law, specifically MP3s, MPEGs, ROMs, and
ROM emulators); gambling; schemes to defraud; trafficking in
obscene material; sending a message or having content that is
obscene, lewd, lascivious, filthy, or indecent with intent to
annoy, abuse, threaten, or harass another person; threatening
bodily harm or damage to individuals or groups; violating U.S.
export restrictions; stalking; or violating other state or
federal law, such as the Electronic Communications Privacy Act,
the Computer Fraud and Abuse Act, or the Economic Espionage Act.
Linking to illegal material is also prohibited.
All complaints
of abuse, violation and misuse of the Services, whether
described in this section or otherwise, shall be investigated
promptly.
BY ACCEPTING
THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD
MAKINGCOMPUTERS.COM HARMLESS FROM ANY CLAIMS RELATING TO ANY
ACTION TAKEN BY MAKINGCOMPUTERS.COM AS PART OF ITS
INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A
RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS
OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES
WHATSOEVER FROM MAKINGCOMPUTERS.COM AS A RESULT OF
MAKINGCOMPUTERS.COM'S DECISION TO REMOVE MATERIAL FROM ITS
SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE
ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED
VIOLATION OR AS A RESULT OF MAKINGCOMPUTERS.COM'S
CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO
ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
When
MakingComputers.com becomes aware of possible violations of
this Agreement, MakingComputers.com may initiate an
investigation that may include gathering information from you
and the complaining party, if any, and examination of material
on MakingComputers.com's servers. MakingComputers.com,
in its sole discretion, will determine what action will be taken
in response to a violation on a case-by-case basis. Violations
of this Agreement could subject you to criminal or civil
liability.
Use and Abuse
of Materials
You are
prohibited from storing, distributing or transmitting any
unlawful material through our Services. Examples of unlawful
material include, but are not limited to, threats of physical
harm, child pornography, and copyrighted, trademarked and other
proprietary material. You may not post, upload or otherwise
distribute copyrighted material on MakingComputers.com's
servers.
Unacceptable
uses of website content also include the presence of the
following programs or the activities associated with them,
regardless of whether or not any actual intrusion results in the
corruption or loss of data: server broadcast messages or any
message sent on an intrusive basis to any directly or indirectly
attached network; attempts to circumvent any user authentication
or security of host, network, or account; accessing data not
intended for user; probing the security of any network; spawning
dozens of processes; port scans, ping floods, packet spoofing,
and forging router information; denial of service attacks,
sniffers, flooding, spoofing, ping bombing, smurfs, winnuke,
land and teardrop; promulgation of viruses; and IRC bots, such
as eggdrop or BitchX.
MakingComputers.com
supports free speech on the Internet and will not suspend or
cancel your account simply because it disagrees with your views
expressed at your website. However, examples of unacceptable
activities include posting private information about a person
without his or her consent, defaming a person or business, and
knowingly making available code that will have a deleterious
effect on third-party computers. Where there are allegations
that your on-line activity has violated the legal rights of a
third party, MakingComputers.com will not substitute
itself for a court of law in deciding tort claims raised by the
third party.
Materials in
the public domain (e.g., images, text, and programs) may be
downloaded or uploaded using the Services. You may also
re-distribute materials in the public domain. You assume all
risks regarding the determination of whether the material is in
the public domain.
Email Usage
Unacceptable
affronts to netiquette and unacceptable activities include, but
are not limited to, the following: spamming (sending unsolicited
advertising to those with which you have no existing business
relationship and posting off-topic advertising in newsgroups);
spoofing (using a return email address that is not the valid
reply address of the sender or sending an email message that
does not contain enough information to enable the recipient to
identify you); passive spamming (promoting a website hosted by
MakingComputers.com by spamming from some other source);
trolling (posting controversial messages in newsgroups to
generate responses); mailbombing (inundating a user with email
without any serious intent to correspond or sending large or
multiple files to a user); generating a higher volume of
outgoing mail than a normal user (over 10% of available system
resources); propagating chain letters; and subscribing someone
else to an electronic mailing list without that person's
permission. A message is considered unsolicited if it is posted
in violation of a newsgroup charter or sent to a recipient who
has not requested the message. Making an email address available
to the public does not constitute a request to receive messages.
Distribution of mass emailing programs is also prohibited. All
recipients on a mailing list must have personally subscribed.
Mailing lists may not be used to distribute unsolicited email.
If you are repeatedly mailbombed or attract such behavior, the
Services will be terminated.
You may not
alter the headers of email messages to disguise their identity
or to prevent users from responding to the messages.
MakingComputers.com may disclose the usernames of accounts
responsible for forged email messages to system administrators
or users requesting the information.
You should not
send email to any user who does not wish to receive it, either
at MakingComputers.com or elsewhere. You must refrain
from sending further email to a user after receiving a request
to stop.
Violations of
the MakingComputers.com policies outlined herein can
result in huge numbers of email responses. If your email
responses receive so much email that MakingComputers.com
resources are affected, MakingComputers.com staff may
shut down your mailbox.
System
Security Violation
You are
prohibited from utilizing the Services to compromise the
security of system resources or accounts on servers at
MakingComputers.com or at any other site. Use or
distribution of tools designed for compromising security or
containing viruses or trojans are prohibited. Examples of these
tools include, but are not limited to, password guessing
programs, cracking tools or network probing tools.
If you are
involved in violations of system security,
MakingComputers.com reserves the right to release all
usernames of users involved in such violations to system
administrators at other sites in order to assist them in
resolving security incidents. MakingComputers.com will also
fully cooperate with law enforcement authorities in
investigating suspected lawbreakers.
System
Resources Abuse
System abuse
includes any use of MakingComputers.com resources that
disrupts the normal use of its servers or services for others.
Examples of system abuse include running excessive numbers of
processes or consuming excessive amounts of CPU time, memory or
disk space.
Running
programs in the background on a MakingComputers.com
server without MakingComputers.com’s prior written
authorization, or running chat rooms, Internet Relay Chat, IRC
bots, mailing lists that send more then 1,000 emails a day and
the like are not acceptable uses of MakingComputers.com’s
servers.
Any
usage of 10% or more of MakingComputers.com’s
system resources is an undue burden on MakingComputers.com’s
system and is unacceptable. If your usage ever exceeds
10% of system resources, your account may be terminated
immediately and without prior notice. MakingComputers.com
can set an additional domain name to be pointed to your
site's IP address for a one-time $10 setup fee. Usage
of scripts or other utilities to direct pointed domain
names to subdirectories is not permitted and is grounds
for termination.
Web
Developement Clients
Makingcomputers.com
will develope web sites in accordance to agreement with
clients within specified time. Makingcomputers.com
will not be liable for any damages the client may incur
directly or indirectly as a results of web sites deveveloped
by Makingcomputers.com. Usually a 50%
of total cost is required for initiating projects. The
rest of the payment is made within 2-4 weeks after the
first payment. If for any reason the client does not
continue with the project or does not give appropriate
feedback to complete the project in a timely fashion
and the project has already been started, they will
loose their 50% (or initial payment). Clients are required
to complete their projects within 6 months from the
date of initial payment. After 6 months, partial refund
will be at Makingcomputers.com's discretion.
After 1 year, client will have to start the project
again with 50% down at the current market rate for the
project.
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