VMuse requires that all Customers conduct themselves as good citizens of the Internet and at all times behave with respect for others. Each Customer is responsible for preventing violations of this AUP by third parties accessing the Service through Customer’s computers or accounts, including without limitation hackers and Customer’s own users.
1. Prohibited activities
1.1 All illegal activities are expressely prohibited. VMuse will cooperate with authorities in identifying Customers engaging in illegal activities.
1.2 Spam / Unsolicited Commercial email (“UCE”) is expressely prohibited. Bulk unsolicited commercial email is automatically considered spam, unless sent to recipients who have requested such messages through an opt-in procedure. The following are also automatically considered spam: (a) any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses; and (b) any message that violates the CAN-SPAM Act of 2003.
Take no action that leads to a Spamhaus listing for any VMuse-provided IP address, including your own IP addresses. If any action on your part causes a Spamhaus listing, you are required promptly to cooperate with VMuse, at your own expense, in clearing the IP address(es) in question from the Spamhaus RBL (and such assistance does not limit any other rights or remedies of VMuse).
You are responsible for taking adequate security measures to guarantee that the computer resources provided to You by VMuse are not used towards Spam / UCE activities by third parties.
1.3 Intellectual property infringement, including violations of copyright, trademark, and patent rights, and use or distribution of pirated software.
1.4 Hacking or perpetration of any security breach. Unauthorized access to any computer or system, including but not limited to other VMuse accounts.
1.5. Dissemination of deliberately offensive material, including any message or information that is or may be threatening, libelous, obscene, or harassing.
1.6. Child pornography or any other activity harmful to minors.
1.7. Fraud.
1.8. Violation of privacy rights, publicity rights, trade secret rights, or information security, including dissemination of material non-public information about companies without authorization, as well as harvesting or collecting information about Website visitors without their express consent.
1.9. Use of third party software without a proper license or other appropriate permission, including Microsoft software.
1.10. Network attacks or any unfriendly effort to interfere with service on another network or server.
1.11. Virus distribution or distribution of any worm or other harmful code.
1.12. Use of Internet relay chat (“IRC”), including hosting of an IRC server, running IRC bots, use of a VMuse server as an IRC client or proxy, and use of IRC scripts or programs that interfere with service to other users on any server or network.
2. Disruptions & security
VMuse may suspend Service in whole or in part if it reasonably suspects an AUP violation. Customer will reimburse VMuse for any expenses resulting from Customer’s violation of the AUP, including attorneys’ fees. VMuse may also disable Customer’s service if VMuse suspects that such service is the target of an attack or in any way interferes with services provided to other customers, even if Customer is not at fault. VMuse does not issue refunds for terminating service due to any of the causes above. Customer is responsible for the use of its service, including use by hackers and other unauthorized third parties. Customer’s responsibility includes payment for exceeding transfer and bandwidth limits.
Except where VMuse specifically accepts such responsibility in Customer’s Signup (pursuant to the Terms of Service), Customer is responsible for maintaining security, including disaster recovery systems and backups. (Customer is advised to maintain its own backups outside of VMuse’s premises and systems, even if VMuse provides backups, security, or other services related to data protection.)
3. Reporting AUP Violations
VMuse thanks for reports of violations of this AUP, or VMuse’s Terms of Service. Please send reports to support@vmuse.com.
