Acceptable
Use Policy
Updated: October 8, 2007
The following is the Acceptable Use Policy (“AUP”) for LunarMediaNetwork.com, its subsidiaries, divisions and related web sites (hereinafter collectively referred to as “LunarMediaNetwork.com”). This policy is intended to describe the proper conduct and prohibited uses of LunarMediaNetwork.com’s Internet services (the "Services"). By registering for and using the Services, and thereby accepting the terms and conditions of that Agreement, you agree to abide by the AUP. The AUP is not exhaustive and LunarMediaNetwork.com reserves the right to modify the AUP at any time, effective upon posting of the modified AUP to www.LunarMediaNetwork.com. LunarMediaNetwork.com supports the free flow of information and ideas over the Internet and does not actively monitor use of the Services under normal circumstances. Similarly, LunarMediaNetwork.com does not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. However, in accordance with our standard terms and conditions for service Agreement, LunarMediaNetwork.com may remove any materials that, in our sole discretion, may be illegal, may subject it to liability, or which may violate this AUP.
1. YOUR GENERAL RESPONSIBILITIES The Services enable you to develop and display a Web site through which you can interact with users of the Internet and retrieve and send vast amounts of information. It also allows for the deploying of email to promote the sale of your product or services. Generally, LunarMediaNetwork.com will not actively monitor, censor, or directly control any content that is or will be displayed on your Web site(s) or information that you collect or use through your Web site(s). LunarMediaNetwork.com, however, provides the Services with the goals of (a) ensuring security, reliability and privacy of the Services and the users of the Services, (b) maintaining an image and reputation of LunarMediaNetwork.com as a responsible provider of the Services, (c) preserving the value of Internet resources as a conduit for free expression, (d) encouraging the responsible use of Internet resources and discouraging degrading, libelous or illegal uses of such resources. Consequently, LunarMediaNetwork.com expects you, and all other users of the Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette, in furtherance of the above stated goals. VIOLATION OF ANY OF THESE GUIDELINES IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM LunarMediaNetwork.com. YOU WILL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED VIOLATIONS OF THE AUP BY YOU.
2. ILLEGAL OR HARMFUL USE You may use the Services only
for lawful purposes. Transmission, distribution, sale, or storage of any
material in violation of any applicable law, regulation, or the AUP is
prohibited. The following non-exhaustive list details the kinds of illegal
or harmful conduct that are prohibited. LunarMediaNetwork.com reserves the
rights to restrict or prohibit any and all uses of the Services or content
on your Web site(s) and to remove such materials from its servers that
LunarMediaNetwork.com determines in its sole discretion is harmful to its
servers, systems, network, reputation, good will, other LunarMediaNetwork.com
customers, or any third party. The following are prohibited uses and violations
of this AUP:
Illegal use. Using the Services to transmit any material
(by email, uploading, posting, or otherwise) that, intentionally or unintentionally,
violates any applicable local, state, national or international law, or
any rules or regulations promulgated thereunder.
Harm to minors. Using the Services to harm, or attempt
to harm, minors in any way.
Threats. Using the Services to transmit any material
(by email, uploading, posting, or otherwise) that threatens or encourages
bodily harm or destruction of property.
Harassment. Using the Services to transmit any material
(by email, uploading, posting, or otherwise) that harasses another.
Infringement. Infringement of intellectual property rights
or other proprietary rights including, without limitation, material protected
by copyright, trademark, patent, trade secret, or other intellectual property
right used without proper authorization. Infringement may result from,
among other activities, the unauthorized copying and posting of pictures,
logos, software, articles, musical works, and videos. LunarMediaNetwork.com
is registered under the Digital Millennium Copyright Act of 1998.
Export Violations. Posting or sending of software or
technical information in violation of U.S. export laws, including, without
limitation, the Export Administration Act and the Export Administration
Regulations maintained by the Department of Commerce.
In order to comply with the CAN-SPAM Act of 2003 as reasonably interpreted, LunarMediaNetwork may be required, from time to time, to share with our marketing partners the email addresses of those individuals that have been removed from our list pursuant to an unsubscribe request or otherwise. This 'suppression file' shall be used solely to ensure that the removed user does not receive unwanted email messages. Additionally, certain components of our service may be provided by marketing partners or third-parties. Some of these partners may require some or all of the user information that we have on file. When necessary, LunarMediaNetwork will provide this information to our partners or third-parties.
Harmful Content. Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation use of credit card numbers.
Forgery or Impersonation. Adding, removing or modifying identifying header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.
Users may unsubscribe from a specific mailing list at any time. In each email sent, there is an unsubscribe link that allows the recipient to unsubscribe from the specific marketing program by clicking the link provided and following the instructions that follow. We attempt to process all unsubscribe requests in a prompt manner. However, if you unsubscribe, we cannot guarantee that you will never receive another email from us, because we may obtain your email address in the future through a different email marketing program that you have opted into. We can guarantee, however, that if you should ever receive another email communication from LunarMediaNetwork, you will be able to remove your email address via the unsubscribe link.
Emails. The Services may be used to transmit Unsolicited Commercial E-mail that complies with all state and federal laws including, but not limited to the CAN-SPAM Act of 2003. However, you may not distribute, publish, or send any of the following types of e-mail:
1. Unsolicited promotions, advertising or solicitations (commonly referred to as "spam") that is not compliant with the CAN-SPAM Act of 2003, including, without limitation, commercial advertising and informational announcements to those email addresses who have requested that their email addresses be opted out. 2. Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form. 3. Harassing e-mail, whether through language, frequency, or size of messages. 4. Chain letters. 5. Malicious e-mail, including without limitation "mailbombing" (flooding a user or Web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses). 6. E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information. 7. Third Party Links. Links to third party web sites should not be inserted in emails without the direct or indirect permission of the third party, and your email should conspicuously notify the recipient that the link is to a third party over which you have no control or operation. 8. In addition, you may not use LunarMediaNetwork.com’s mail server or another Web site's mail server to relay mail without the express permission of the account holder or the Web site. Posting the same or similar message to one or more newsgroups, message boards, blogs, online discussion groups, etc., (excessive cross-posting or multiple-posting) also is explicitly prohibited.
Instant Messaging and Chat Services. Inappropriate use or misuse of instant messaging or chat applications on the LunarMediaNetwork.com’s network is not acceptable. Examples include: Sending instant messages that contain threatening, abusive, illegal or libelous material.
Unauthorized Access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
Collection of Personal Data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Reselling the Services. Reselling the Services without LunarMediaNetwork.com’s express written consent.
Network Disruptions and Unfriendly Activity. Using the Services for any activity which adversely affects the ability of other people or systems to use LunarMediaNetwork.com’s Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is your responsibility to ensure that their network is configured in a secure manner. You may not, through action or inaction, allow others to use your network for illegal or inappropriate actions. You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
Prohibited Content. Under no circumstances shall you use LunarMediaNetwork.com’s Services to promote or in any way relate (a) the use of any illegal substance; (b) pornography; (c) expletives or inappropriate language; (d) illegal activity, racism, hate, mail fraud, or advice not permitted under law; (e) firearms, alcohol, tobacco; (f) prescriptive medications or pharmaceutical related items and/or (g) any other content deemed inappropriate by LunarMediaNetwork.com.
3.SYSTEM AND NETWORK SECURITY AND INTEGRITY Violations of LunarMediaNetwork.com’s or any third party's server, system or network security through the use of the Services are prohibited, and may result in criminal and civil liability. LunarMediaNetwork.com may investigate incidents involving such violations. LunarMediaNetwork.com may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following:
Hacking. Unauthorized access to or use of data, systems, servers or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.
Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.
Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or sends messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out.
Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.
4. REPORTING VIOLATIONS OF LunarMediaNetwork.com’s AUP LunarMediaNetwork.com requests that anyone who believes that there is a violation of this AUP direct the information to their legal department at: legal@LunarMediaNetwork.com In making this report, please provide the following information if it is available: (1) the IP address used to commit the alleged violation; (2) the date and time of the alleged violation; (3) evidence of the alleged violation. In response to any complaint, LunarMediaNetwork.com may take any one or more of the following actions: (1) issue written or verbal warnings; (2) suspend services; (3) terminate services without notice; (4) bring legal action to enjoin violations and/or to collect damages, if any caused by the violation; (5) such other actions in the sole discretion of LunarMediaNetwork.com.
5. REVISIONS TO THIS ACCEPTABLE USE POLICY LunarMediaNetwork.com reserves the right to revise, amend, or modify this AUP, its Service Agreements and other policies and agreements at any time and in any manner unless other stated in such Agreement or Policy. Notice of any revision, amendment, or modification will be posted on www.LunarMediaNetwork.com Any questions regarding this AUP should be directed to legal@LunarMediaNetwork.com