The Brainstorm Acceptable Use Policy (AUP) sets out the rules and guidelines for using our services. The AUP is an integral part of the Brainstorm Terms of Service (TOS). You agree to maintain your account and website in full compliance with the TOS and the AUP. By using any service provided by Brainstorm:
- You agree that you will not violate any applicable laws, regulations, ordinances, rules or any requirements of any applicable Federal, State, national or local government or any applicable regulator.
- You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or Mail Bombing.
- You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- You agree not to make, attempt or allow any unauthorized access to Brainstorm’s website, servers, your own hosting account or the account of any other Customer of Brainstorm.
- You agree not to allow any remote code execution of malicious software through the hosting account provided by Brainstorm.
- You agree not to cause denial of service attacks, port scans or other endangering and invasive procedures against Brainstorm servers and facilities or the servers and facilities of other network hosts or Internet users.
- You agree not to forge the signature or other identifying mark or code of any other person or engage in any activity (including “spoofing”) to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames).
- You agree that you will not use the account provided by Brainstorm for storing any data if it is copyrighted and you are not the owner of the copyright. This includes but is not limited to copyrighted music or video files, copyrighted software, etc.
- You agree that you will not use Brainstorm services to host any website, other content, links or advertisements of websites that:
- infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information;
- profess hatred for particular social, ethnic, religious or other group;
- contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property;
- contain Illegal or Hacking/Phreaking Software (Warez);
- contain any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
- contain any kind of proxy server or other traffic relaying programs;
- promote Money Making Schemes, Multi-level Marketing or similar activities;
- contain Torrent trackers, Torrent Portals or similar software;
- are with adult content, pornographic, obscene, unlawfully harassing, or connected with child abuse or sex-related merchandising;
- are violent or encouraging violence.
Examples of unacceptable materials on all Brainstorm servers include: IRC Bots, Proxy Scripts, Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), top sites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
Forum sites and or any other websites that distribute or link to warez content are strictly prohibited as well. Any material that in our reasonable opinion is either obscene or threatening is strictly prohibited and will be removed from our servers immediately without prior notice.
By using our services you also agree not to engage in or to instigate actions that cause harm to Brainstorm or other Brainstorm customers. It is your responsibility to ensure that your hosting account will not be used to, engage in or to instigate actions that cause harm to Brainstorm or other Brainstorm customers.
Such actions include, but are not limited to, actions resulting in blacklisting any Brainstorm IPs by the any online spam database, actions resulting in DOS attacks for any Brainstorm server, etc. You are solely responsible for ensuring that all programs and scripts installed on your account are secure and the permissions of the directories and files are set properly.
We recommend that you set the permissions on all directories and files to be as restrictive as possible. You are solely responsible for any actions and activity on your account, including any compromise of login credentials.
You agree to keep all your login credentials secure at any time. We reserve the right to carry out regular audits to determine the security level of login credentials. In case we consider your credentials are not secure enough, we will either notify you and set a timeframe for updating them or we will change the login credentials and provide them to you.
We may suspend access to your hosting account until you update your login credentials with more secure ones. Brainstorm cannot and shall not provide legal advice referring to the contents of your account and its performance. All information, articles, tutorials and tech support advice are provided in good faith and do not constitute official requirements, regulations or statements.
You shall be solely responsible for verifying whether the content of your account complies with any specific legal act or provision. Brainstorm shall not be liable in the event that any part of your account violates any law or regulation.
You acknowledge and agree that Brainstorm has the sole right to decide what constitutes a violation of the AUP as well as what is the appropriate severity of any corrective action to be applied.
If any part of your account is found to violate the AUP, we may take immediate corrective action without prior warning, including immediate account suspension, deletion of content from your account or account termination with no refund. Brainstorm shall not be liable for any loss or damage arising from our measures taken against actions causing harm to Brainstorm or any other third party.
You understand and agree that in case your account is suspended for violation of the AUP, we may ask for a re-activation fee ($50.00). We will obtain your consent prior to charging you any fees. We reserve the right to terminate any hosting account that has been suspended for violation of the AUP or the TOS. Backup copies will not be available for terminated accounts.
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