This Acceptable Use Policy (“AUP”) applies to all clients of ThatsGravy Designs (hereinafter “TGD,” “we,” “our” or “us”), and is intended to provide a general understanding of our policy on the Acceptable Use of its servers. It is designed to help protect our servers and clients from irresponsible or illegal activities in cases where common sense and good judgment have failed. TGD does not accept responsibility for the content published online by others and does not accept responsibility for the violation of any laws resulting from such publication.
All users of TGD’s services are expected to abide by the laws of the state and country in which they reside, including all copyright laws and regulations, treaties and international law.
Use of TGD’s services constitutes acceptance of and agreement to abide by all of the rules and regulations and policies of TGD, including this AUP, which may be modified from time to time. We recommend that you review the AUP periodically.
Clients are in violation of this AUP when they or their customers engage in any of the following activities:
Illegal Use, such as transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.
Adult Content – Adult-oriented sites are not allowed. This includes sites that are associated with bestiality or child pornography, sites which promote hate against any group, sites of such nature will be removed immediately and you will not be refunded. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
Spamming refers to the act of sending or commissioning the sending of unsolicited commercial messages and/or mail bombs over the Internet to others in mass quantities. Such messages may only be sent to individuals that have explicitly requested the information from you. Forging email headers is also strictly prohibited.
Harassment by intimidating, threatening, frightening or otherwise harassing others using our servers. Email messages sent to an unwilling recipient, after being requested to stop by that recipient, can also be construed as harassment.
Allowing unauthorized users to access your account. Accounts may only be used by the authorized owners of the accounts, except where specifically authorized by TGD. Allowing use of your account by others is prohibited and at your own risk! Resale, trade or transfer of any account without express written consent from TGD is prohibited.
Attempting to circumvent security of any host, network, or user account in any manner. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.
Redistribution or reproduction of copyrighted material, including but not limited to pirated software and MP3s, or engaging in any activity that infringes or misappropriates the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, software, and patents held by other individuals or corporations.
Unauthorized reselling of any account or account services without the express written consent of TGD, such as email services and accompanying features for use by individuals outside of the required use on your own account; the reselling of CGI scripts installed on our servers; or providing access codes to individuals not authorized to access your account.
Excessive CPU resources or bandwidth may compromise our servers. This is the result of using the system in a manner that encumbers processors or other system resources far beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers, such as running any software that interfaces with an IRC (Internet Relay Chat) network, chat rooms, or CGI-script sharing with other domains.
TGD reserves the right disable and/or terminate a user’s account if a user is found in violation of the AUP. TGD will review alleged violations of this AUP on a case-by-case basis. Client agrees to compensate TGD for any expenses TGD may incur resulting from Client’s violation of the AUP, including any fines, fees, legal expenses, and labor for investigation and resolution.
We do not routinely monitor web site content or the communications of our customers. However, if we learn of a violation of our AUP, we will respond accordingly and at our sole discretion.
One or more of the following may occur at that time:
A warning may be issued to the account holder.
A request may be issued to remove offending content.
The hosting account may be disabled.
In severe cases, the hosting account may be terminated without prior notice.
We may notify legal authorities if the circumstance requires it.
Client must immediately notify TGD of any unauthorized use of their account, any breach or attempted breach of security, or any other violations of this AUP.
All of TGD’s clients who publish materials online which are accessible on our servers are solely responsible for the publication of any defamatory, illegal, confidential, secret or proprietary material.
You agree to indemnify, defend, and hold harmless TGD from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, TGD, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to web site content.
Accounts terminated due to policy violations will not be refunded.
We reserve the right to refuse service to anyone for any reason not prohibited by law. We also reserve the right to terminate service to any customer for any reason not prohibited by law.
If you have any questions regarding this AUP, feel free to contact us.