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This MachEye Acceptable Use Policy ("AUP") applies to the use of any product, service or website provided by us (MachEye), whether we provide it directly or use another party to provide it to you (each, a "MachEye Service"). This AUP is designed to ensure compliance with the laws and regulations that apply to the MachEye Service. This AUP also protects the interests of all of our clients and their customers, as well as our goodwill and reputation. These terms are so important that we cannot provide the MachEye Service unless you agree to them. By using the MachEye Service, you are agreeing to these terms.
If you are using any MachEye Service, this AUP applies to you. Every client of ours agrees to abide by this AUP and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate, such as complaint and email failure monitoring. We may also suspend or terminate your use of MachEye Services pursuant to our Customer Terms of Service for violations of this AUP.
We periodically update these terms and the latest copy will be posted on our website. You agree to review the AUP on a regular basis and always remain in compliance with these terms.
We encourage recipients of email messages sent using the MachEye Service to report suspected violations of this AUP to us by forwarding a copy of the received email with FULL headers to firstname.lastname@example.org. We have a policy to investigate all of these reports and to respond in the way we consider appropriate.
If you know of or suspect a violation of this AUP, you will promptly notify us in writing of the known or suspected violation of this AUP.
You agree not to use the MachEye Service in a way that impacts the normal operation, privacy, integrity or security of another's property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations. You also agree not to use the MachEye Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property, unless you have the appropriate express prior consent to do so. Examples of prohibited actions include (without limitation): hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program. You also agree not to use the MachEye Service in a way that causes or may cause any MachEye IP addresses, MachEye domains, or MachEye customer domains to be blacklisted. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.
Without limiting the other requirements in this AUP, you may not (directly or indirectly) use the MachEye Service with content, or in a manner that:
You will use the MachEye Service for your internal business purposes and will not: (i) willfully tamper with the security of the MachEye Service or tamper with our customer accounts; (ii) access data on the MachEye Service not intended for you; (iii) log into a server or account on the MachEye Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any MachEye Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the MachEye Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the MachEye Service or make the MachEye Service available to a third party other than as contemplated in your subscription to the MachEye Service; (vii) use the MachEye Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of the MachEye Service without our prior written consent.
Some industries have higher than average abuse complaints, which can directly impact our ability to provide the MachEye Service to other customers. To protect our customers, we reserve the right to discontinue your use of the MachEye Services if you are in one of these industries. Some examples include:
Unless you have our express prior written permission, you may not use any name, logo, tagline or other mark of ours or the MachEye Service, or any identifier or tag generated by the MachEye Service, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); or (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the product / website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification (a “DCMA Notice”) to our copyright agent (designated below) in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”)
Our designated Copyright Agent to receive DMCA Notices is:MachEye, Inc.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
We may immediately suspend your access to the MachEye Service if you breach this AUP or don’t respond to us in a reasonable period after we’ve contacted you about a potential breach of this AUP. We may also suspend your access as we explain in our Customer Terms of Service and, if you breach this AUP, we may terminate your subscription agreement for cause. You acknowledge we may disclose information regarding your use of any MachEye Service to satisfy any law, regulation, government request, court order, subpoena or other legal process. If we make this type of required disclosure we will notify you, unless we are required to keep the disclosure confidential.
We are not obligated to, but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We further reserve all other rights.
MachEye may change this Policy by posting an updated version of the Policy at www.macheye.com and such updates will be effective upon posting