Acceptable Use Policy
The Services and any Gottathink, LLC equipment associated with them may only be used for lawful purposes. All Customers of the Services and users of this Web site shall comply with this Acceptable Use Policy (“AUP”) and all applicable laws and regulations. As used in this AUP, “Customer is a person or entity that has entered into a commercial relationship with Gottathink, LLC which is accepted by Gottathink, LLC . Uses of the Services in violation of this AUP or any applicable law or regulation are prohibited and may result in the immediate termination of your account and your right to use the Services without advance notice to you.
LEGAL USES
Gottathink, LLC's system and services may not be used in any way which violates Federal, State, Local, or International law. Further Customer is prohibited from taking any actions which are threatening, malicious, obscene, defamatory, abusive, unethical, violate privacy, promote hacking, promote gambling, or which violate trade secret, copyright or patent protection, or rights of privacy or publicity, or which result in the spread of computer viruses or other damaging programs or data files, or which violate any export restrictions (including making non-exportable information or software available to foreign nationals as may be prohibited by law). In the event Customer is suspected of any such violation, Gottathink, LLC reserves the right to immediately suspend Customer's account. If Customer's account is suspended, the regular service fees still apply. If Gottathink, LLC determines, in its sole discretion, that Customer has committed any such prohibited act, Gottathink, LLC may terminate services.
UNSOLICITED BULK ELECTRONIC MAILING.
Customer is expressly prohibited from sending unsolicited bulk electronic mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Gottathink, LLC will freeze any account that we confirm as senders of unsolicited bulk electronic mail messages. There will be a $500 reinstatement fee. In addition, unsolicited commercial, political, or advertising posts to public forums ("spamvertising") is prohibited.
NETWORK TRANSMISSIONS.
Customer is responsible for any materials passed via Gottathink, LLC's system to other networks, and agrees to comply with any restrictions posed by other networks' terms of service or acceptable use policies.
CONFIDENTIALITY.
Gottathink, LLC will protect to the best of its ability the confidentiality of any files and electronic mail stored on or exchanged over the system, except as may be necessary to provide the requested Internet services, or as may be necessary to preserve the security and proper operation of Gottathink, LLC's system, or to protect Gottathink, LLC's rights or property. Gottathink, LLC, except as otherwise provided for in this Addendum or as required by law, will use its best efforts to avoid disclosing the contents of private electronic mail to anyone other than addressees, authorized recipients, or those to whom such disclosure is necessary to assure forwarding or delivery.
Customer acknowledges that no system on the Internet can be guaranteed safe from unauthorized intrusion, and therefore any confidential information stored on or transmitted through Gottathink, LLC's system is stored or transmitted at Customer's own risk.
SECURITY CONCERNS.
Customer is responsible for the safekeeping of the password used to gain administrative access to the server used to store Customer's Web site.
Customer may not attempt to bypass any security mechanisms in place on Gottathink, LLC's system, or use any of Gottathink, LLC's systems or services to attempt to bypass any security mechanisms in place on any remote system. This includes, but is not limited to, running any password cracking software, or attempting to access a system which any Customer knows or reasonably should know he or she is not authorized to access in the manner or to the extent attempted.
COPYRIGHT ISSUES.
Customer agrees not to upload to, download from, make available for public access on, or transmit through Gottathink, LLC's system any copyrighted material in violation of the copyright owner's rights in that material. By uploading, downloading, making available for public access, or transmitting any copyright-protected material, Customer warrants that Customer has the proper authorization to make or authorize the making of any copies involved with such uploading, downloading, making available for public access, or transmission. Unauthorized copying, or authorizing the copying of protected works in excess of any legal right through Gottathink, LLC's system is a violation of federal law and international treaties, and may result in not only termination of Customer's account, but also may result in civil and/or criminal fines and prison sentences.
Customer agrees not to remove any copyright ownership information, or falsify such information, on any files uploaded, downloaded, made publicly available through, or transmitted via Gottathink, LLC's system.
Customer explicitly licenses Gottathink, LLC to make any copies of copyright protected materials necessary to provide Internet and related services to Customer, as well as make any necessary copies necessary to preserve and maintain Gottathink, LLC's system and Customer's files and electronic mail.
Customer explicitly licenses Gottathink, LLC to make any copies, without limitation, of any copyrighted materials submitted to a public forum maintained on Gottathink, LLC's system, or submitted to any forum to which Gottathink, LLC provides access. This clause cannot be modified by either party unless any modification is in writing and signed by both parties.
UNATTENDED FORMS.
Customer is not permitted to run any programs or software which continually send data over or access Gottathink, LLC's system, or run any programs or software on Gottathink, LLC's system unattended, unless such use has been approved in advance by Gottathink, LLC.
The following activities are strictly forbidden on all Gottathink, LLC products:
- Using a Gottathink, LLC server for malicious and/or illegal activity, including but not limited to:
- Running root exploit kits against other servers
- Scanning other networks
- Forging or misrepresenting message headers, in whole or in part
- Intentional distribution of viruses, worms, trojan horses, or other destructive activities
- Transmitting copyrighted material without authorization from the copyright holder
- Transmitting any deceptive material for the purpose of phishing
- Export control violations
- Use of a Gottathink, LLC server as an IRC server. This includes bouncers, bots, daemons, and the use of IRC clients.
- Use of a Gottathink, LLC server as a proxy server or as a server in a proxy network.
- Spamvertising, to include:
- Posting commercial, political, or advertising posts to public forums
- Issuing unsolicited trackbacks for the purpose of promotion
- Providing DNS resolution in support of Unsolicited Bulk Electronic Mailing
- Hosting a destination site linked from Unsolicited Bulk Electronic Mailing
General Account Rules and Practices
- Improper uses of the Services include, but are not limited to:
a. Attempting to accomplish any unlawful purpose, including but not limited to storing, sending, or disseminating any material by uploading, posting, email or other means (“Transmission”) that is in violation of any local, state, or federal law or regulation, that is libelous, obscene, threatening, defamatory, which infringes upon the intellectual property rights of another, or which constitutes or encourages conduct constituting a criminal offense or gives rise to civil liability;
b. Transmission of any material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, or otherwise inappropriate, whether or not Transmission of the material is unlawful;
c. Transmission of any material that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
d. Transmission of any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
e. Transmission of any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or which impedes others’ ability to use the Services;
f. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity, and/or forging headers or otherwise manipulating identifiers in order to disguise the origin of any material transmitted through the Services;
g. Transmission of unsolicited commercial email or the collection of responses from unsolicited messages;
h. Transmission of chain letters;
i. Attempting to probe, scan or test the vulnerability of a system or network in any form;
j. Using any method to breach security or authentication measures;
k. Engaging in hacking, denial of service attacks, malicious or destructive behavior in any form.
- If you use another organization's networks or computing resources, you are subject to its permission and usage policies, in addition to this AUP.
- Gottathink, LLC shall have the right, but not the duty, to remove any Web site hosted on its servers which, in its discretion, is found to contain pornographic or obscene material.
- All Gottathink, LLC Services are for end-user use only and may not be resold, commercially or noncommercially, in whole or in part, directly or indirectly, or on a bundled or unbundled basis, in the absence of a separate reseller agreement approved in writing by Gottathink, LLC . Customer shall not use the Services in the operation of any business or service which competes directly or indirectly with Gottathink, LLC , which determination shall be made by Gottathink, LLC in its sole discretion.
- You are responsible for all use of your Gottathink, LLC account and the Services, whether by you or another person having access to your account. Do not share your password, send it over the Internet in any unencrypted form, including by email, or otherwise compromise its security. If you have any reason to believe the security of your password has been compromised, you should immediately change your password. If Gottathink, LLC has any reason to believe your password or account has been compromised, Gottathink, LLC may, at its sole discretion, disable or restrict access to your account without notice.
- Gottathink, LLC may take any one or more of the following actions, or other actions not listed, at Gottathink, LLC ’s sole discretion, in response to complaints: (a) issue written or verbal warnings; (b) suspend the account; (c) terminate the Customer's account; (d) bill the Customer or user for administrative costs and/or reactivation charges, with a minimum administrative cost; or (e) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations. Gottathink, LLC reserves the right to cancel your service at any time and for any reason.
The AUP is a tool for use by Gottathink, LLC and does not create a right in any user or Customer that is subjected to improper use of the Services or a violation of this AUP.
If you believe you or your system was the subject of an attack originating from the Gottathink, LLC network, contact us immediately. Our security response team will investigate the issue.
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