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News |
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Package & Features |
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Blue Lodge Templates |
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Tall Cedars Templates |
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Sunday, 13 March 2005 |
This document sets forth the principles, guidelines and requirements of
the Acceptable Use Policy of Marshall Diversified, Inc.. ("Company")
governing the use by the Customer ("Customer") of the Company's
services and products ("Services and Products"). The Purpose of
Marshall Diversified, Inc.' Acceptable Use Policy, hereinafter referred
to as the AUP, is to comply with all federal, state, and local laws
coupled with protecting the network security, network availability,
physical security, Customer privacy, and other factors affecting the
services provided by Marshall Diversified, Inc.. Marshall Diversified,
Inc. reserves the right to impose reasonable rules and regulations
regarding the use of its services provided to all Customers and such
rules and regulations are subject to change. Such rules and regulations
are located on the Internet at http://www.masonicdesigns.com. The AUP
is not an all inclusive exhaustive list and Marshall Diversified, Inc.
reserves the right to modify the AUPs at any time as needed, effective
upon either the posting of the modified AUP to
http://www.masonicdesigns.com or notification to the Customer via
email. Acceptance and execution of the Master Services Agreement binds
all parties to Marshall Diversified, Inc. stated AUP at the time the
signup is executed and as modified from time to time. Any violation of
the AUP may result in the suspension or termination of your account or
such other action as Marshall Diversified, Inc. deems appropriate. NO
CREDITS OR REFUNDS WILL BE ISSUED FOR ANY INTERRUPTION IN SERVICE
RESULTING FROM POLICY VIOLATIONS.
VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY
RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU
RECEIVE FROM Marshall Diversified, Inc..
Compliance with Law
Customer shall not post, transmit, retransmit or store material on or
through any of Services or Products which, in the sole judgment of the
Company: (i) is in violation of any local, state, federal or non-United
States law or regulation, (ii) threatening, obscene, indecent,
defamatory or that otherwise could adversely affect any individual,
group or entity (collectively, "Persons") or (iii) violates the rights
of any person, including rights protected by copyright, trade secret,
patent or other intellectual property or similar laws or regulations
including, but not limited to, the installation or distribution of
"pirated" or other software products that are not appropriately
licensed for use by Customer. Customer shall be responsible for
determining what laws or regulations are applicable to its use of the
Services and Products.
Customer Security Obligation
Each Customer must use reasonable care in keeping each account, server
or network device secure, this includes using hard to guess passwords
and keeping programs (and scripts) and operating systems patched with
the latest security updates. Failure to use reasonable care to protect
your account or server may result in a security compromise by outside
sources. Marshall Diversified, Inc. is not responsible for Customer
account or server level security unless a security administration
package, firewall security administration package or fully managed
operating system package is contracted for. A compromised server
creating network interference will result in immediate Customer
notification and will be disconnected from the network immediately so
as to not directly affect other Customers. No service credits or
refunds will be issued for outages resulting from disconnection due
directly to breached server security. The Customer is solely
responsible for any breaches of security affecting servers under
Customer control. If a Customer intentionally creates a security
breach, the cost to resolve any damage to Customer's server or other
servers will be charged directly to the Customer. The labor used to
resolve such damage is categorized as emergency security breach
recovery and is currently charged at $225 USD per hour.
System and Network Security
Violations of system or network security are strictly prohibited, and
may result in criminal and civil liability. Marshall Diversified, Inc.
investigates all incidents involving such violations and will cooperate
with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
* Introduction of malicious programs into the
network or server (example: viruses, worms, Trojan Horses and other
executables intended to inflict harm).
* Effecting security breaches or disruptions of
Internet communication and/or connectivity. Security breaches include,
but are not limited to, accessing data of which the Customer is not an
intended recipient or logging into a serve or account that the Customer
is not expressly authorized to access. For purposes of this section,
"disruption" includes, but is not limited to port scans, flood pings,
email-bombing, packet spoofing, IP spoofing and forged routing
information.
* Executing any form of network activity that will intercept data not intended for the Customer's server.
* Circumventing user authentication or security of any host, network or account.
* Interfering with or denying service to any user
other than the Customer's host (example: denial of service attack or
distributed denial of service attack).
* Using any program script/command, or sending
messages of any kind, designed to interfere with or to disable, a
user's terminal session, via any means, locally or via the Internet.
Internet Etiquette
Each Customer is expected execute reasonable Internet etiquette
(Netiquette). The Customer will comply with the rules appropriate to
any network to which Marshall Diversified, Inc. may provide access. The
Customer should not post, transmit, or permit Internet access to
information the Customer desires to keep confidential. The Customer is
not permitted to post any material that is illegal, libelous, and
tortuous, indecently depicts children or is likely to result in
retaliation against Marshall Diversified, Inc. by offended users.
Marshall Diversified, Inc. reserves the right to refuse or terminate
service at any time for violation of this section. This includes
advertising services or sites via IRC or USENET in clear violation of
the policies of the IRC channel or USENET group.
Adult Material
Adult material is not permitted on any server or service offered by Marshall Diversified, Inc..
Child Pornography
Marshall Diversified, Inc. will cooperate fully with any criminal
investigation into a Customer's violation of the Child Protection Act
of 1984 concerning child pornography. Customers are ultimately
responsible for the actions of their clients over Marshall Diversified,
Inc. networks and servers, and will be liable for illegal material
posted by their clients.
According to the Child Protection Act, child pornography includes
photographs, films, video or any other type of visual presentation that
shows a person who is or is depicted as being under the age of eighteen
years and is engaged in or is depicted as engaged in explicit sexual
activity, or the dominant characteristic of which is the depiction, for
a sexual purpose, of a sexual organ or the anal region of a person
under the age of eighteen years or any written material or visual
representation that advocates or counsels sexual activity with a person
under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
Email Policy
Mass Mailings. Marshall Diversified, Inc. has a zero stance policy on
SPAM, Junk E-mail or UCE (Unsolicited Commercial Email). Spam,
Junk-mail and UCE are defined as: the sending of the same, or
substantially similar, unsolicited electronic mail messages, whether
commercial or not, to more than one recipient. A message is considered
unsolicited if it is posted in violation of a newsgroup charter or if
it is sent to a recipient who has not requested or invited the message.
UCE also includes e-mail with forged headers, compromised mail server
relays, and false contact information. This prohibition extends to the
sending of unsolicited mass mailings from another service, which in any
way implicates the use of Marshall Diversified, Inc. whether or not the
message actually originated from our network.
Mailing Lists: Marshall Diversified, Inc.' mass mailing rules also
apply to mailing lists, list servs, or mailing services you may
contract with. The policy is stated as follows: An acceptable mailing
list will be focused at a targeted audience that has voluntarily signed
up for your e-mail information or that has made their e-mail address
available for distribution of information from you. The list must also
allow for automatic removal by all end Customers with non-distribution
in the future.
Marshall Diversified, Inc. reserves the right to determine in its sole
discretion what constitutes UCE based on the information available.
Copyright Infringement
Marshall Diversified, Inc. services including network, leased hardware,
co-location services, and other hardware may only be used for lawful
purposes. Transmission, distribution, or storage of any information,
data or material in violation of United States or state regulation or
law, or by the common law, is prohibited. This includes, but is not
limited to, material protected by copyright, trademark, trade secret,
or other intellectual property rights.
Creative, utilizing, or distributing unauthorized copies of software
are a violation of federal and state law. If you copy, distribute or
install the software in ways that the license does not allow, you are
violating federal copyright law. Marshall Diversified, Inc. will
cooperate with all law enforcement agencies in relation to alleged
copyright infringement housed in our datacenters.
IRC Policy
IRC Servers are not allowed.
Usage and Overage
Customer agrees to use the resources that has been signed up for. This
includes game server user slots, web hosting disk space, bandwidth,
etc. If a customer goes over the services paid for they may occur over
usage fees.
Customer acknowledges that some services are provided on a shared
server and agrees not to engage in any activity that could overwhelm
the server with heavy CPU usage or that requires a disproportionate
amount of the resources of the server, including without limitation,
use of highly active CGI scripts or chat scripts.
Suspension and Cancellation
Marshall Diversified, Inc. reserves the right to suspend service to any
Customer for violation of the AUP. Marshall Diversified, Inc. will use
reasonable care in notifying the Customer and in resolving the problem
in a method resulting in the least amount of service interference as
reasonably possible. Marshall Diversified, Inc. reserves the right to
terminate service without notice for continued and repeated violations
of the AUP. Continued violations of the AUP resulting in cancellation
of services will also result in a fee in the amount of $500 and
contract acceleration for all amounts outstanding under the contract
term.
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Last Updated ( Sunday, 13 March 2005 )
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