Acceptable Use Policy

As a provider of web site hosting and other Internet-related services, PerfectoMEDIA offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. PerfectoMEDIA respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, PerfectoMEDIA reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, PerfectoMEDIA has developed an Acceptable Use Policy (AUP), which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when utilizing PerfectoMEDIA’s services. All of PerfectoMEDIA’s subscribers shall abide by and are subject to the terms and conditions of this AUP. This AUP may be revised from time to time. A customer’s use of PerfectoMEDIA’s services after changes to the AUP are posted on PerfectoMEDIA’s web site, www.PerfectoMEDIA.com, will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that PerfectoMEDIA cannot and will not monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire or disseminate. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because PerfectoMEDIA cannot monitor or censor the Internet, and will not attempt to do so, PerfectoMEDIA cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

Except for instances when PerfectoMEDIA receives a notice of copyright violation, PerfectoMEDIA does not review, edit, censor any information its subscribers may create or disseminate via the Internet. In all cases, PerfectoMEDIA does not and shall not be deemed to take responsibility for any information its subscribers may create. When subscribers place information on the Internet, they have the same liability as other authors for copyright infringement, trademark infringement, violations of other intellectual property rights, defamation, and other harmful speech. Also, because the information that subscribers’ create is carried over PerfectoMEDIA’s network and may reach a large number of people, including both subscribers and nonsubscribers of PerfectoMEDIA, subscribers’ postings to the Internet may affect other subscribers and may harm PerfectoMEDIA’s goodwill, business reputation, and operations. For these reasons, subscribers violate PerfectoMEDIA policy and the service agreement (and may be subject to termination) when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Junk Mail/Bulk Mail. Sending solicited or unsolicited bulk and/or commercial messages over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward PerfectoMEDIA, but also because it can overload PerfectoMEDIA’s network and disrupt service to PerfectoMEDIA subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, PerfectoMEDIA has the right to suspend or cancel a customer account if it is determined the customer is/was sending unsolicited or bulk e-mail.

Intellectual Property Violations. Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. PerfectoMEDIA is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. PerfectoMEDIA reserves the right to terminate the privileges of subscribers who commit violations of copyright laws.

Obscene Speech or Materials. Using PerfectoMEDIA’s network to advertise, transmit, store, post, display, or otherwise make available any material that is unlawful, obscene or harassing, including, but not limited to, child pornography. PerfectoMEDIA is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through PerfectoMEDIA’s network.

Defamatory or Abusive Language. Using PerfectoMEDIA’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers. Forging or misrepresenting, including, but not limited to, intentionally omitting or deleting, message headers, return address information or IP addresses whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks. Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as hacking). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Linking to PerfectoMEDIA’s Databases from Other Sites. PerfectoMEDIA does not allow linking to its databases from sites not hosted at PerfectoMEDIA. Any customers found to be doing so will be suspended immediately pending further investigation. If it is found the customer is indeed linking to their database from an external location, that customer will be terminated.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations. Illegally exporting software and other materials over the Internet or otherwise, to points outside the United States.

Usenet Groups. PerfectoMEDIA reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities. Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities. Engaging in activities, whether lawful or unlawful, that PerfectoMEDIA determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities described above rests primarily with the subscriber. If a subscriber becomes aware of any of these prohibited activities, it shall immediately take remedial action and report such activities in writing to PerfectoMEDIA within 1 day of acquiring such knowledge of such violation.

PerfectoMEDIA also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching PerfectoMEDIA’s facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. PerfectoMEDIA does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. PerfectoMEDIA has the right to directly take action against a customer of a subscriber. Also, PerfectoMEDIA may take action against the PerfectoMEDIA subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, PerfectoMEDIA anticipates that subscribers who offer Internet services will cooperate with PerfectoMEDIA in any corrective or preventive action that PerfectoMEDIA deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of this AUP.

Internet communications may not be secure and information transmitted over PerfectoMEDIA’s networks may be intercepted and otherwise compromised. PerfectoMEDIA urges its subscribers to assume that all of their on-line communications are insecure. PerfectoMEDIA cannot take any responsibility for the security of information transmitted over PerfectoMEDIA’s facilities.

PerfectoMEDIA will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authorities, or when public safety is at stake. PerfectoMEDIA may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, PerfectoMEDIA may disclose information, including but not limited to, information concerning a subscriber, a transmission made using the PerfectoMEDIA network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. PerfectoMEDIA assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, PerfectoMEDIA may disclose subscriber information or information transmitted over its network where necessary to protect PerfectoMEDIA and others from harm, or where such disclosure is necessary to the proper operation of the system.

PerfectoMEDIA expects that its subscribers will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber’s failure to comply with those laws will violate this AUP.

Violations of this AUP and Remedies PerfectoMEDIA reserves the right to suspend or terminate at any time the account of any subscriber that, in the sole and exclusive discretion of PerfectoMEDIA, fails to adhere to any of these terms set forth in this AUP, as from time to time may be updated and amended. PerfectoMEDIA has the right to seek legal damages, costs and expenses that may be incurred as a result of a violation of the terms of this AUP by or through subscriber.

First Violation. Upon notification of a violation, PerfectoMEDIA will attempt to contact the subcriber and describe the factual circumstances of the violation. Generally, the subscriber contact(s) will be called via telephone with the relevant information. PerfectoMEDIA will, after consultation with subscriber, define a specific time frame within which subscriber must rectify the violation. A letter may be sent to the subscriber contact formally notifying subscriber of the nature of the violation and setting forth the time frame for Client to remedy the violation. If, in PerfectoMEDIA’s sole discretion, the violation or complained of violation is such that PerfectoMEDIA elects not to or is unable to contact subscriber, then PerfectoMEDIA may take whatever steps it deems appropriate under the circumstances.

Second Violation. If the same or similar violation occurs or is complained of a second time and the time frame for remediation of the initial violation has expired, PerfectoMEDIA will again attempt to contact subscriber to inform subscriber of the violation or the fact that remedy of such violation has not been completed within the previously set time frame. If, in PerfectoMEDIA’s sole discretion, the violation or complained of violation is such that PerfectoMEDIA elects not to or is unable to contact subscriber, PerfectoMEDIA may take whatever steps it deems appropriate under the circumstances. PerfectoMEDIA will again define a specific timeframe within which subscriber must rectify the violation. A letter may again be sent to the subscriber contact notifying subscriber of the recurrence of the violation or that the violation has not been remedied within the previously set time frame and may set forth the time frame for subscriber to remedy the violation. PerfectoMEDIA will bill the Client $500 to cover PerfectoMEDIA’s administrative costs associated with managing this effort.

Third Violation. If the same or similar violation occurs or is complained of for a third time and the time frame for addressing the second violation has expired, PerfectoMEDIA will again attempt to contact subscriber describing the violation. A letter will again be forwarded to the subscriber contact notifying subscriber that the violation has occurred again and setting forth the time frame for Client to remedy the violation. PerfectoMEDIA will bill subscriber $2,500 to cover PerfectoMEDIA's administrative costs associated with managing this effort. If, in PerfectoMEDIA’s sole discretion, the violation or complained of violation is such that PerfectoMEDIA elects not to or is unable to contact Client, PerfectoMEDIA may take whatever steps it deems appropriate under the circumstances.

Finally, PerfectoMEDIA wishes to emphasize that in signing the service agreement, subscribers agree to indemnify and hold PerfectoMEDIA harmless for any violation of the service agreement, law, or PerfectoMEDIA policies, including, but not limited to this AUP and the DMCA Policy, that results in loss to PerfectoMEDIA or the bringing of any claim against PerfectoMEDIA by any third-party. This means that if PerfectoMEDIA is sued or otherwise becomes liable because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against PerfectoMEDIA, plus costs and reasonable attorneys’ fees.

Any complaints about a subscriber’s violation of this AUP should be sent to .