By
signing up with MyMarketingCart.com, you agree to the following
Acceptable Use Policy.
1. Scope
This Acceptable Use Policy (this "Policy") governs
the usage of MyMarketingCart.com. ("MyMarketingCart.com")
products and services (the "Services"). This Policy
is incorporated by reference into each contract MyMarketingCart.com
enters into with a client (each, a "Client") for the
use of such Services. MyMarketingCart.com may modify this Policy
at any time without notice. In addition, this Policy is incorporated
by reference into the Terms and Conditions applicable to MyMarketingCart.com's
Website so that no person who utilizes MyMarketingCart.com's
Website (regardless of whether that person is a Client) may
take any action utilizing MyMarketingCart.com's Website that
a Client would be prohibited to take utilizing the Services.
2. Purpose
The purpose of this Policy is to enhance the quality of the
Services and to protect MyMarketingCart.com's customers, and
the Internet community as a whole, from illegal, irresponsible,
or disruptive Internet activities. This Policy applies to each
Client and its employees, agents, contractors or other users
of such Client who obtain Services from MyMarketingCart.com
(each such person being a "User"). Each User should
use common sense and good judgment in connection with the Services.
Parents or guardians should always supervise minors in using
the Internet. Parents and guardians should remain aware at all
times of what is on the Internet and how the minors under their
care are using the Services and the Internet.
3. Prohibited Users
Users may not:
a. Utilize the Services to send mass unsolicited email to third
parties. Provided, however, that Users may use software programs
or services provided by MyMarketingCart.com to send unsolicited
commercial email so long as the User ensures that such transmissions
comply with all applicable regulations, rules and laws, including,
without limitation, the U.S. CAN-SPAM Act of 2003
b. Utilize the Services in connection with any illegal activity.
Without limiting the general application of this rule, Users
may not:
i.
Utilize the Services to copy material from third parties
(including text, graphics, music, videos or other copyrightable
material) without proper authorization;
ii. Utilize the Services to misappropriate or infringe
the patents, copyrights, trademarks or other intellectual
property rights of any third party;
iii. Utilize the Services to traffic in illegal drugs,
illegal gambling, obscene materials or other any products
or services that are prohibited under applicable law;
iv. Utilize the Services to export encryption software
to points outside the United States in violation of applicable
export control laws; or
v. Utilize the Services in any manner that violates applicable
law. |
c. Utilize the Services in connection with any tortious or actionable
activity. Without limiting the general application of this rule,
Users may not:
i.
Utilize the Services to publish or disseminate information
that (A) constitutes slander, libel or defamation, (B)
publicizes the personal information or likeness of a person
without that person's consent or (C) otherwise violates
the privacy rights of any person.
ii. Utilize the Services to threaten persons with bodily
harm, to make harassing or abusive statements or messages,
or to solicit the performance of acts or services that
are illegal under applicable law. |
d. Utilize the Services in connection with any other disruptive
or abusive activity. Without limiting the general application
of this rule, Users may not:
i.
Utilize the Services to cause denial of service attacks
against MyMarketingCart.com or other network hosts or
Internet users or to otherwise degrade or impair the operation
of MyMarketingCart.com's servers and facilities or the
servers and facilities of other network hosts or Internet
users;
ii.
Post messages or software programs that consume excessive
CPU time or storage space;
iii. Utilize the Services to offer mail services, mail
forwarding capabilities, POP accounts or autoresponders
other than for the User's own account; iv. Utilize the
Services to resell access to CGI scripts installed on
MyMarketingCart.com's servers;
v. Utilize the Services to subvert, or assist others in
subverting, the security or integrity of any MyMarketingCart.com
systems, facilities or equipment;
vi. Utilize the Services to gain unauthorized access to
the computer networks of MyMarketingCart.com or any other
person;
vii. Utilize the Services to provide passwords or access
codes to persons not authorized to receive such materials
by the operator of the system requiring the password or
access code;
viii. Utilize the Services to (A) forge the signature
or other identifying mark or code of any other person,
(B) impersonate or assume the identity or any other person,
or (C) engage in any other activity (including "spoofing")
to attempt to deceive or mislead other persons regarding
the true identity of the User (excluding the use of anonymous
remailers or Internet nicknames);
ix. Utilize the Services to distribute or post any virus,
worm, Trojan horse, or computer code intended to disrupt
services, destroy data, destroy or damage equipment, or
disrupt the operation of the Services;
x. Utilize the Services to conduct port scans or other
invasive procedures against any server (except any server
for which the User is an authorized system administrator);
xi. Utilize the Services to distribute, advertise or promote
software or services that have the primary purpose of
encouraging or facilitating unsolicited commercial email
or spam;
xii. Utilize the Services to solicit or collect, or distribute,
advertise or promote, email address lists for the purpose
of encouraging or facilitating unsolicited commercial
email or spam;
xiii. Utilize the Services in any manner that might subject
MyMarketingCart.com to unfavorable regulatory action,
subject MyMarketingCart.com to any liability for any reason,
or adversely affect MyMarketingCart.com's public image,
reputation or goodwill, including, without limitation,
sending or distributing sexually explicit, hateful, vulgar,
racially, ethnically or otherwise objectionable materials
as determined by MyMarketingCart.com in its sole discretion;
xiv. Use any third party software that impairs, disrupts,
destroys, or otherwise damages or has potential to damage
MyMarketingCart.com's servers and facilities or the servers
and facilities of other network hosts or Internet users;
or
xv. Utilize the Services in any other manner to interrupt
or interfere with the Internet usage of other persons. |
4. Violations
a. Disclaimer. MyMarketingCart.com expressly disclaims any obligation
to monitor its Clients and other Users with respect to violations
of this Policy. MyMarketingCart.com has no liability or responsibility
for the actions of any of its Clients or other Users or any
content any User may post on any Website.
b. Reporting Non-Copyright Violations. MyMarketingCart.com encourages
Users to report violations of this policy by email, including
in any such report the name of the offending domain (for example,
xyz.com) and the type of abuse (for example, spam, illegal acts,
harassment, etc.) in the "subject" field of the email.
c. Reporting Copyright Violations. MyMarketingCart.com complies
with the Digital Millennium Copyright Act ("DMCA").
MyMarketingCart.com encourages Users to report an alleged copyright
infringement involving a user by sending a notice that complies
with the DMCA to:
1.
DMCA Notices
2. Website Pros, Inc.
3. 12735 Gran Bay Parkway West
4. Jacksonville, FL 32258 |
d.
MyMarketingCart.com reserves the right to suspend or terminate
any customer pursuant to any valid DMCA complaint. Furthermore,
MyMarketingCart.com, in its sole discretion, may suspend or
terminate without notice, any User that MyMarketingCart.com
determines is a repeat copyright infringer.
e. Remedies. If MyMarketingCart.com learns of a violation of
this Policy, MyMarketingCart.com will respond to the applicable
Client and may, in MyMarketingCart.com's sole discretion, take
any of the following actions, in accordance with the severity
and duration of the violation:
i.
Warning the Client;
ii. Suspending the offending Client from the Services;
iii. Terminating the offending Client from the Services;
iv. Imposing fees or charges on the offending Client account
in accordance with the applicable service contract;
v. Removing the offending content or service; and
vi. Taking other action in accordance with this Policy,
the applicable service contract or applicable law. |
5.
Reservation of Rights
MyMarketingCart.com reserves the right to cooperate with appropriate
legal authorities in investigations of claims of illegal activity
involving MyMarketingCart.com's Services, Clients and other
Users. MyMarketingCart.com reserves all other rights to respond
to violations of this Policy to the extent of applicable law
and in accordance with any applicable contractual obligations.
MyMarketingCart.com may utilize technical means to monitor communications
into, and out of, its network facilities to prevent the introduction
of viruses or other hostile code, to prevent intrusions and
otherwise to enforce this Policy and each Client agrees that
MyMarketingCart.com is authorized to monitor its communications
through MyMarketingCart.com's network for such purposes.
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