AdMediary, LLC Acceptable Use Policy
The AdMediary, LLC Acceptable Use Policy (“AUP”) describes the proper kinds of conduct and prohibited uses of AdMediary, LLC’s services (the “Services”), as described and subscribed to pursuant to the applicable agreement executed by and between you and AdMediary, LLC to which this policy is incorporated. Violation of any of these guidelines is strictly prohibited and may result in the immediate termination or suspension of the services that you receive from AdMediary, LLC. 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. The AdMediary, LLC Agreement shall govern in all respects where the terms of this policy conflict with any term contained in any other agreement. This AUP is not exhaustive and AdMediary, LLC reserves the right to modify this AUP at any time, effective upon posting of the modified AUP to the Websites. By registering for and using the AdMediary affiliate network and affiliated services provided by AdMediary, LLC, and thereby accepting the terms and conditions of the applicable MW Agreement, you agree to abide by this AUP as modified from time to time. Any violation of this AUP may result in the suspension or termination of your account or services and such other action as AdMediary, LLC deems appropriate.
PROHIBITED CONDUCT: You may use the services only for lawful purposes. You agree not to post or transmit any content in violation of any applicable libel or defamation law in the United States or elsewhere. Transmission, distribution, sale, publication, display or storage of any material in violation of any applicable law, regulation, statute or this AUP is prohibited. The following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited. AdMediary, LLC reserves the rights to restrict or prohibit any and all uses of the Services or content on your Affiliate Websites or in connection with your Affiliate Databases, and to remove such materials from its servers, where AdMediary, LLC determines in its sole discretion that such content and/or usage is harmful to its servers, systems, network, reputation, good will, other AdMediary, LLC customers or third party.
FALSE ADVERTISING: You agree not to post or transmit on or though any Affiliate websites and/or databases any advertising or promotional materials that contain false, deceptive or misleading statements, claims or representations. This includes but is not limited to “job sites” deceiving consumers with the promise of employment for completing an offer such as education or business opportunity.
SOCIAL NETWORK/JOB LISTING SITE COMPLIANCE: You agree not to post or transmit any content on public message boards, chat rooms, or in public areas of social networking and job sites including but not limited to MySpace.com, Facebook.com, Craig’s List, etc.
COPYRIGHT/TRADEMARK INFRINGEMENT: You agree not to post or transmit on or through any affiliate websites or databases any content that infringes on the intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right of another person or entity or use the same without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works and videos.
OFFENSIVE MATERIALS: You agree not to transmit, disseminate, sell, store or host material that is unlawful, libelous, defamatory, obscene, racist, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
FALSE PRETENSES: You agree not to use the Services to impersonate any person or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication. False domain registration is strictly prohibited.
HARMFUL CONTENT: You agree not to disseminate or host harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, spyware, adware or any other computer software and/or programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
FRAUDULENT CONDUCT: Your agree not to offer or disseminate fraudulent goods, services, schemes or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), furnish false data on any signup form, contract, online application or registration, or fraudulently use of any information obtained through the use of the Services including, without limitation, use of credit card numbers.
FAILURE TO ABIDE BY THIRD-PARTY WEBSITE POLICIES: You agree not to violate the rules, regulations or policies that apply to any third-party network, server computer database or website that you access or utilize by or through the Services.
CHILD PORNOGRAPHY: You agree not to violate any state or federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, visual depictions of “sexual intercourse” and/or “sexually explicit conduct” involving children.
FACILITATING A VIOLATION OF THIS AUP: You agree not to advertise, transmit, or otherwise make available any software, program, product or service that is designed to violate this AUP which includes, but is not limited to, spam, pinging, flooding, mailbombing, denial of service attacks or piracy of software.
UNAUTHORIZED ACCESS: You agree not to use the Services to access, or to attempt to access, the accounts of others or to penetrate security measures of another entity’s computer software or hardware, electronic communications system or telecom system, whether or not the intrusion results in the corruption or loss of data.
COLLECTION OF PERSONAL DATA: You agree not to use the services to collect personal information about third parties without their knowledge and affirmative, express consent.
RESELLING THE SERVICES: You agree not to resell the Services without AdMediary, LLC’s prior express written consent.
NETWORK DISRUPTIONS AND UNFRIENDLY ACTIVITY: You agree not to use the services for any activity that adversely affects the ability of other people or systems to use the Services or the Internet. This includes “denial of service” (DoS) attacks against another network host or individual user. Interference with or disruption of other Service users, Service network or Service network equipment is prohibited. It is your responsibility to ensure that your network and/or Affiliate Websites is/are configured in a secure manner. You may not, through action or inaction, allow others to use your network and/or Affiliate Websites for illegal or inappropriate purposes. You may not permit your network and/or Affiliate Websites, through action or inaction, to be configured in such a way that gives a third party the capability to use such network and/or Affiliate Websites in an illegal or inappropriate manner.
CIRCUMVENTION: You agree not to use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the structure or presentation of the services or related content.
CONFIDENTIAL INFORMATION: You agree not to display any telephone numbers, street addresses, last names, URLs, e-mail addresses or personal information, audio files, text, photographs, videos or other images containing confidential of any third party on any Affiliate Website or in any e-mail message delivered to the Affiliate Databases.
ENDORSEMENT: You agree not to express or imply that any statements you make are endorsed by AdMediary, LLC, without specific prior written consent.
FRAMING: You agree not to “frame” or “mirror” any part of the Services and/or AdMediary, LLC or Advertiser websites, without AdMediary, LLC’s prior written authorization.
REVERSE ENGINEER: You agree not to modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the services.
SYSTEM AND NETWORK SECURITY AND INTEGRITY: Violations of AdMediary, LLC’s or any third party’s server, system or network security through the use of the Services are strictly prohibited, and may result in criminal and civil liability. AdMediary, LLC may, but is not obligated to, investigate incidents involving such violations. AdMediary, LLC 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:
1) 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.
2) 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.
3) 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 sending messages of any kind, that is/are designed to interfere with a user’s terminal session, via any means, locally or by the Internet.
4) Falsification of Origin or Routing Information. Forging of any TCP-IP packet header, e-mail header or any part of a message header. Using, selling, or distributing in conjunction with the Services, or otherwise, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an internet domain, header information, date or time stamp, originating e-mail address or other identifier.
5) Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out.
6) Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.
E-MAIL: Services may be used to transmit Unsolicited Commercial e-mail to the affiliate databases only in compliance with all United States state and federal laws including, but not limited to, the CAN-SPAM Act of 2003, as amended from time to time, as well as any and all Federal Trade Commission implementing regulations (“CAN-SPAM”). However, you may not distribute, publish or send any of the following types of e-mail: (a) Unsolicited promotions, advertising or solicitations (“spam”) that is not compliant with CAN-SPAM including, without limitation, commercial advertising and informational announcements to those e-mail addressees who have requested that their e-mail addresses be opted out; (b) commercial promotions, advertising, solicitations or informational announcements that contain false or misleading information in any form; (c) harassing e-mail, whether through language, frequency, size of messages or any other element; (d) chain letters; (e) malicious e-mail including, without limitation, “mailbombing” (flooding a user or website with very large or numerous pieces of e-mail) or “trolling” (posting outrageous messages to generate numerous responses); (f) e-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information; (g) e-mails that contain links to third party websites should not be inserted in e-mails without the direct or indirect permission of the third party, and your e-mail should conspicuously notify the recipient that the link is to a third party over which you have no control or operation.
REPORTING VIOLATIONS: AdMediary, LLC requests that anyone who believes that there is a violation of this AUP to direct the information to help@AdMediary.com. Please be sure to provide all pertinent information including but not limited to: IP addresses, date and time of the alleged violation, the type of alleged violation; and all supporting evidence of the alleged violation such as a screenshot or email received. AdMediary, LLC may take any one or more of the following actions: (a) issue written or verbal warnings; (b) suspend Services to the applicable account holder; (c) terminate Services for the applicable account holder without notice; (d) bring legal action to enjoin violations and/or to collect damages, if any caused by the violation; and/or (e) such other actions in the sole discretion of AdMediary, LLC.