Customer shall not use Mindstorm Hosting’s Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text,
communications, software, images, sounds, data, or other information that, in Mindstorm Hosting’s sole discretion:

• violates, attempts to violate, or helps any third party to violate any local, state, federal, international, or non-United States law, ordinance, or regulation,

• is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”),

• threatens or encourages bodily harm or destruction of property,

• harms any person,

• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason,

• is posted in violation of a newsgroup charter,

• contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer,

• violates any terms or conditions of any other network access provider or Internet service provider,

• violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products,

• adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,

• collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy,

• has a negative effect on Mindstorm Hosting or its network (including, without limitation, overloading servers on the Mindstorm Hosting Network; causing portions of the Mindstorm Hosting Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of Mindstorm Hosting, impose an unreasonable administrative burden on Mindstorm Hosting; etc.), or

• violates the prohibition on terrorist content and activities described below.

Terrorist Content Prohibited.

The United States Homeland Security Act of 2002 defines “terrorism” as
“any activity that—

(A) involves an act that—
(i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and
(ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States ; and

(B) appears to be intended—
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by intimidation or coercion; or
(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.”

(Pub. L. 107-296 (2002) § 2(15)).

You may not use Mindstorm Hosting’s services to do any of the following acts by any means:

• engage in terrorism,
• solicit any other individual or organization to engage in terrorism,
• conspire with any other individual or organization to engage in terrorism,
• help any other individual or organization to engage in terrorism, or
• knowingly engage in commerce with any of the following individuals or organizations
• those persons listed in the Annex to the Executive Order No. 13225 of President George W. Bush (September 25, 2001) (referred to in this AUP as “the Executive Order”), as it may be amended from time to time, a copy of which is available online at the following Web page:

http://www.ustreas.gov/offices/enforcement/ofac/legal/eo/13224.pdf

• foreign persons that the Secretary of State of the United States of America has determined have committed or pose a significant risk of committing acts of terrorism against the United States or its people;
• businesses and organizations that the Secretary of State of the United States of America has determined are owned, controlled by, or acting on behalf of terrorists or persons suspected of terrorism; and
• persons whom the Secretary of the Treasury of the United States of America , in consultation with the Secretary of State and the Attorney General of the United States of America , has determined are:
• helping terrorists or suspected terrorists by giving them money, material, or technology; or
• associated otherwise with terrorists or suspected terrorists.
• transactions that avoid or attempt to avoid the prohibitions of the Executive Order; and
• conspiracies to violate the Executive Order;
• knowingly engage in transactions or dealings in money, goods, or services with terrorists, suspected terrorists, or terrorist organizations; or
• make donations to terrorists and suspected terrorists.

While Mindstorm Hosting is not giving you legal advice or a consulting recommendation about how to comply with this no-terrorism policy or with the applicable laws that prohibit terrorism in the United States of America or in other countries, you may find the following general strategies helpful in complying with these requirements.

• Verify the identity of any person who wants to buy goods, services, or information through your Web site. This includes, but is not limited to, the resale of hosting services if you have a reseller account with Mindstorm Hosting.
• Check the names of any persons or organizations attempting to buy from your Web site against the Annex in the Executive Order.
• Work with the company that provides transaction payment and fraud-prevention services for your e-commerce Web sites. The provider may be able to automate the identity checking for you.

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability as well as termination of services from Mindstorm Hosting. Mindstorm Hosting investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.

You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another Mindstorm Hosting account or attempt to gain unauthorized access to another network or server.

Examples of system or network security violations include, without limitation, the following:
• Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs, and other executables intended to inflict harm).
• Introduction into the network or server of any self-extracting file or program containing any malicious program as specified in this AUP.
• Introduction into the network or server of any data, parameter, configuration, template, or control files for software applications that contain destructive macros or other malicious code.
• Introduction into the network or server of any encrypted or compressed file or archive such as .zip or .gz files that contains any malicious program as specified in this AUP.
• Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorized to access, or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
• Executing any form of network activity that will intercept data not intended for the Customer.
• Circumventing user authentication or security of any host, network or account.
• Interfering with or denying service to any user other than users of the Customer’s host (examples: denial of service attack or distributed denial of service attack).
• Using any program script/command, or sending messages of any kind such as a punter, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
• Attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any Mindstorm Hosting Services or those of any other party.
• nterfering with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.
• Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
• Falsifying address information or otherwise modifying e-mail headers to conceal the sender’s or the recipient’s identity.

Internet Etiquette.

The Customer agrees to observe and abide by reasonable Internet etiquette (Netiquette). The Customer shall comply with the rules appropriate to any network to which Mindstorm Hosting may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise tortious, indecently depicts children, or is likely to result in retaliation against Mindstorm Hosting by offended users. Mindstorm Hosting reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.

Child Pornography.

Mindstorm Hosting will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography, or any other applicable international, federal, state, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over Mindstorm Hosting network, and shall be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video, or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

Mindstorm Hosting No-Spam Policy.

Customer shall comply with all the terms and conditions of Mindstorm Hosting’s No-Spam Policy as described in this Section. Violation of the No Spam Policy shall be deemed a violation of this AUP and of the Customer’s Agreement with Mindstorm Hosting.

At Mindstorm Hosting, we are committed to providing valuable hosting services to our valued customers. An important part of Mindstorm Hosting’s mission is to be a respected and responsible member of the business and Internet communities. We take seriously our role in protecting our customers and the general public from nuisances such as “spam.” This section describes our NO-SPAM Policy. Please read it carefully, because it contains important information and because it is a material part of your Agreement with Mindstorm Hosting.

To report any spam you receive that identifies itself as coming from the mindstormhosting.com servers or claims to be related to Mindstorm Hosting in any way, please send an e-mail message to us at support@mindstormhosting.com. In your message to us, please include a complete and accurate copy of the message that you consider to be spam, along with full message headers and routing information for e-mail, a message board provided by a Web site or an online service, Usenet, interactive chat message, or instant message service, as the case may be.

Definition of Spam.

Unsolicited commercial e-mail and electronic messages are colloquially referred to as “spam.” Other common names for spam include “spam e-mail,” “junk e-mail,” “bulk e-mail,” “direct e-mail,” and “mass e-mail.” Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently.
In its most general terms, and as used in this NO-SPAM Policy (the “Policy”), spam is:

• a commercial e-mail message or other electronic message, including, but not limited to, messages that are:
• posted to an electronic mailing list (other than an “opt-in” e-mail list as described below),
• posted on an online bulletin board system or Web-based message board system or “guest book”,
• posted to a Usenet newsgroup,
• posted to the common area of an online community, group, or club,
• posted in a chat room,
• posted in a message board of a commercial online service (such as America Online),
• posted to a Weblog (“blog”),
• sent via an instant message system (such as ICQ, Yahoo! Pager, Yahoo! Instant Messenger, or AOL Instant Messenger),
• sent through e-mail or another Internet means of communication when the message’s ultimate destination is a facsimile (“fax”) machine, cellular or wireless telephone, or wireless device,
• a commercial e-mail message or other electronic message that is addressed to one or more recipients with whom you do not have an preexisting business or personal relationship,
• a commercial e-mail message or other electronic message that is sent to a mailing list of addresses that you purchased or that were otherwise distributed, or any list of e-mail addresses whose owners did not sign up for your specific mailing list, including without limitation lists commonly known as “affiliate lists,”
• a commercial e-mail message or other electronic message that is not sent at the request of, or with the express consent of, the recipient(s),
• a commercial e-mail message or other electronic message that is sent to a recipient who has opted out of receiving further commercial electronic messages from you, or
• a commercial e-mail message or other electronic message that contains forged headers, compromised mail server relays, or false contact information.

For purposes of this Policy, spam also includes any e-mail or other electronic message that is sent in violation of any applicable Federal, state, or local law regulating unsolicited commercial e-mail, unsolicited fax transmissions, or any other type of unsolicited commercial electronic message, regardless of whether that message fits the definition of “spam” provided above.

Please note: messages sent to “opt-in” e-mail lists are not spam, for purposes of this Policy, provided that those messages meet all of the following criteria:

• the messages are sent to an “opt-in” e-mail list in which ALL subscribers have VOLUNTARILY agreed to receive announcements and advertisements about products and services;
• the messages STRICTLY COMPLY with ALL the requirements and regulations of the “opt-in” e-mail list; and
• upon request of any subscriber to the “opt-in” e-mail list, you immediately stop sending that subscriber any e-mail regarding your products and services.
If you choose to use an “opt-in” e-mail list, please be aware that Mindstorm Hosting will consider ANY violation of the requirements or regulations of such any third party provider of software or services for such a list to be a violation of this NO SPAM Policy.

Furthermore, Mindstorm Hosting reserves the right to prohibit “opt-in” e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users.

Zero Tolerance for Spam.

Mindstorm Hosting will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Mindstorm Hosting’s services whether or not the message actually originated from our network.
Violation of this NO-SPAM policy will result in Mindstorm Hosting taking one or more of the following actions:

• A warning via e-mail or telephone,
• Suspension of your site until furthur notice,
• Removal of DNS for the advertised/originating site, or
• Temporarily blocking outgoing mail from your site.
• Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.

Mindstorm Hosting reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Mindstorm Hosting Network.

PLEASE NOTE: The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various federal, state, and local laws and regulations, including the federal CAN-SPAM Act of 2003.

Indemnification of Mindstorm Hosting.

You agree to defend, hold harmless, and indemnify Mindstorm Hosting from any harm or damages whatsoever resulting directly or indirectly from your engaging in any spamming practices or from your violation of any of the terms of this NO SPAM Policy.

Restrictions on Use of Mindstorm Hosting Services.

• You may not operate Internet Relay Chat (“IRC”) servers using Mindstorm Hosting’s services.
• You may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC’s service administrator.
• You must not use any programs that may or will interfere with another’s use of this site or any Mindstorm Hosting Services.
• You may not run any background processes on the Mindstorm Hosting servers, networks, or systems without prior written authorization from Mindstorm Hosting.
• You may not use any Mindstorm Hosting services to send denial-of-service (DOS) attacks to any computer or network, or to “flood” any computer or network.
• You may not host any type of proxy on Mindstorm Hosting servers
• You may not host any type of bit torrent on Mindstorm Hosting servers.
• Mindstorm Hosting reserves the right to add further restrictions to Customers’use of our services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users.

Suspension and Cancellation.

Mindstorm Hosting reserves the right to suspend service to any Customer or who is using our network or services for violation of the AUP, the NSP, the Privacy Policy, or the TOS. Mindstorm Hosting will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Mindstorm Hosting reserves the right to terminate service without notice for continued and repeated violations of the AUP, the No Spam Policy, the Privacy Policy, or the TOS.

Miscellaneous

You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account.

Your participation in online communication or use of any Mindstorm Hosting service is not edited, censored, or otherwise controlled by Mindstorm Hosting. However, Mindstorm Hosting reserves the right to monitor content on this site and on any Mindstorm Hosting servers, networks, or systems and to remove content, disable sites, or suspend or terminate services if Mindstorm Hosting, in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.