Acceptable Use Policy (AUP)

Last Updated on: February 25, 2007 

Misk.com’s Acceptable Use Policy (AUP) is designed to provide our customers with an understanding of what is expected of them when using products, services, and equipment provided by us (Product(s)).  All users of the Products must comply with this AUP.  This AUP is made part of our Terms of Service (TOS).  Your use and/or continuation of the Products constitutes your acceptance of this AUP.  If you are not the ultimate user of the Products, it is your responsibility, and contractual obligation, to ensure that the ultimate end user of the Products (End User(s)) complies with this AUP. 

You expressly understand that the evolving nature of the Internet and on-line commerce makes it necessary for us to reserve the right to make changes to this AUP at any time and without notice.  This AUP may not represent all possible ways in which you, or an End User, engage in unacceptable behavior.  We reserve the right to determine, in our sole and exclusive judgment, what activities are unacceptable.  The most recent version of our AUP can be found on our website.

      This AUP incorporates policies from other entities who provide products through us to you.  These policies are “passed through” to you by this AUP.  You are strongly encouraged to review these policies prior to agreeing to be bound by this AUP.  We will provide you with information about these policies on request.

Individuals who contact us about this AUP, the behavior of our customers, or for other purposes, are required to provide us with accurate information to enable us to contact them and respond to their requests.  We do not respond to anonymous correspondence, and will refer individuals who deliberately attempt to mislead us regarding their identity, or the basis of their complaints, to appropriate law enforcement officials.

1.         The Products may be used for lawful purposes only. 

Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or this AUP, is prohibited.  You may not use the Products to directly facilitate the violation of any law or regulation.

We expect you to use good business judgment in your conduct.  The following list is designed to help guide you in determining if Misk.com is a suitable service provider for you, and provide you with examples of activities that may fall within this paragraph.  It does not represent all unlawful uses of our Products by you or End Users:

• forging, misrepresenting, omitting or deleting message headers, return mailing information, or Internet protocol addresses, to conceal or misidentify the origin of a message;
  
  
• creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
  
  
• hacking, and/or subverting, or assisting others in subverting, the security, performance or integrity of our products or systems;
  
  
• soliciting the performance of any illegal activity, even if the activity itself is not performed;
  
  
• threatening or encouraging bodily harm, or property destruction;
  
  
• harassing another, or encouraging harassing behavior;
  
  
• engaging in outright fraud, phishing (or similar schemes), or using the Products to engage in scams like pyramid schemes;
  
  
• collecting personal information about others without their knowledge or consent;
  
  
• instructing others in prohibited activities; and/or
  
  
• acting in any manner that might subject us to unfavorable regulatory action, create liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.
  
  

2.   Customers and End Users are solely responsible for content.

We do not review, edit, censor, or take responsibility for any information customers or End Users may create.   Because of this, we cannot, and do not, accept any responsibility from customers, End Users, or third parties, resulting from inaccurate, unsuitable, offensive, or illegal content or transactions.  We specifically reserve the right to refuse to provide Products to customers or End Users engaged in the dissemination of material that may cause us to be subject to attacks on our network, or that while technically legal, run counter to our corporate principles.  This type of content may include, but is not limited to, racist, pornographic, or hateful material or that which creates customer service or abuse issues for us.

3.         Intellectual Property Issues.

You are required to comply with U.S. laws governing copyrights, trademarks, patents and other laws governing the use and dissemination of intellectual property.  Complaints about abuse of intellectual property rights, other than copyright, may be directed to the address in paragraph 9. Misk reserves the right to terminate the accounts of “repeat copyright infringers.”

Pursuant to the Digital Millennium Copyright Act (DMCA) our designated agent for receipt of complaints about copyright infringement is: David Snead.  DMCA notifications must be sent to:

David Snead

Attorney at Law

Attention:  Misk DMCA Complaints

P.O. Box 53249

Washington, D.C.  20009

Facsimile:  202-318-4089

Guidelines for filing complaints pursuant to the DMCA may be found here:  http://www.copyright.gov/title17/92chap5.html#512. 

4.         You may not send unsolicited commercial e-mail, or SPAM.

We have a zero tolerance approach to unsolicited commercial e-mail.  We define unsolicited commercial e-mail as e-mail that has not been requested by the recipient, affects our network or other users, is not compliant with the CAN-SPAM Act, or that, even if requested, or compliant with the CAN-SPAM Act, causes other entities to block our IP Addresses, or otherwise degrades or adversely affects our ability to do business.  You may not use the Products to promote a site that is advertised in SPAM, even if you yourself are not engaged in spamming.

We take very seriously all allegations that you or End Users are engaged in spamming.  You may not be provided with advance notice that we have received information alleging that you, or an End User, are engaged in spamming activities, and your account is to be suspended.  If we determine you, or an End User, are spamming, the Products may be suspended.  The Products may also be suspended based on spamming by an End User, regardless of whether you are aware this activity.  A determination that either you, or an End User, are spamming is made in our absolute discretion.

If you believe an End User is violating this paragraph, please send an e-mail to:  abuse@misk.com.  To evaluate your complaint, you are required to include:

• Full email message with headers
• The email address where you received the message
• Your full name and email address where you can be contacted

5.         Monitoring products, Cooperation with Law Enforcement and Legal Documents.

We may disclose information, including information that you consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request which is made under the “color of law.”  We may also disclose such information when it is necessary for us to protect our business, or others, from harm.  We assume no obligation to inform you that we have provided this type of information unless we have affirmatively agreed to do so.    In some cases we may be prohibited by law from giving such notice. 

It is important for you to know that e-mail is cached and may not be deleted from our servers even if you delete it from your inbox.  E-mail and other information in our possession, may be disclosed without your consent, as set out in this AUP and/or any other agreement between us.

Law enforcement agencies who seek information about customers, End Users, and third parties and/or their use of the Products, are required to submit a subpoena, or other similar document, pursuant to which we are required by law to produce this information (Subpoena). Unless specifically required by law and clearly communicated to us, the Subpoena will be transmitted to the customer, End User, or third party.

Civil demands for information, such as discovery requests and similar demands (Civil Demands), must be part of a filed and pending litigation matter.  Responses to Civil Demands are at our discretion. 

6.         Privacy Policy

Our privacy policy may be found here:  http://www.misk.com/legal/privacy.aspx.  Entities who provide products to us may have privacy policies that differ from ours.  We will provide you with links to their privacy policies on your written request.

7.         Security

While we are concerned with security, the Internet is no more secure than other means of communication.  You should assume that all on-line communications are insecure. 

8.         Suspension and/or Termination of products, and Credits.

If you violate our AUP, and we suspend or terminate the Products, you will not receive a refund of any fees paid to us – for any reason.  Your failure to abide by any of the items set out in this AUP is grounds for suspension or termination of the Products.  Any termination or suspension may be undertaken with, or without, notice to you.  You agree to hold us harmless from any claims that a suspension or termination of Products for this reason has damaged you.

9.         General Abuse Complaints

If you believe that an End User has violated a section of our AUP, and that section does not have a particular notification address in it, you may send your inquiry to:  compliance@misk.com.  As noted above, we do not review anonymous inquiries.  Your notice must contain, at a minimum, your first and last name, and either a working, monitored e-mail address, or a working, monitored, telephone number.