Acceptable Use Policy (AUP)
Use of the services provided by Hayes Media ("HayesMedia.org", "Our", "We", "Us") is subject to the following rules and conditions. Each client or customer ("you") of Hayes Media using any of our services or products, or its distribution affiliates, is responsible for ensuring that the use of all Services provided complies with this Acceptable Use Policy ("AUP" or "Policy").
ANY CLIENT, CUSTOMER OR AFFILIATE WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY HAYESMEDIA.ORG ACCOUNT MANAGEMENT SO THAT THE THEIR SERVICE MAY BE CANCELLED.
Illegal and Unlawful Activity
Use of Hayes Media's services for any activity that violates local, state, federal or international laws, order or regulation is a violation of this Policy. Prohibited activities include, but aren't limited to: Posting or disseminating material which is unlawful (such as child pornography or obscene material); You assume all risks regarding the determination of whether material is in the public domain; Any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature. Pyramid or other illegal soliciting schemes; Disseminating material that violates the copyright or other intellectual property rights of others. This includes warez, copyright files, music and software, etc. You may not link to or facilitate the transfer of any such copyright intellectual properties.
Security
You are responsible for any misuse of our Services, even if the inappropriate activity was committed by an employee, customer, consultant, guest or other individuals who have access to your system (with or without permission). Therefore, you must take steps to ensure that others do not gain unauthorized access to Services provide by Hayes Media. This includes any third party use of unsecured mail and news servers or any other unauthorized access that results in a violation of any portion of this Policy.
Our Services may not be used to breach the security of another Internet user or to attempt to gain access to any other person's or business's computer, software or data, without the knowledge and consent of such person or business. Our Services also may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited.
You may not disrupt Services offered by Hayes Media. Our Services may also not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature also is prohibited. You are solely responsible for the security of any device you choose to connect to Our Services, including any data stored on that device. We recommend that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate.
Inappropriate Content
There may be content on the Internet or otherwise available through our Services which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. For example, it's possible to obtain access to content which is pornographic or offensive, particularly for children. Neither Hayes Media nor any of its distribution affiliates can assume any responsibility for the content contained on the Internet or otherwise available through our Services. You must assume the risk of accessing content through our Service, and neither Hayes Media nor any of its distribution affiliates shall have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Content questions or complaints should be addressed to the content provider.
You are solely responsible for any information that you or anyone you allow to access or use the Services (including any of your customers) publishes on the web or other Internet services. You must ensure that the recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. Hayes Media and its distribution affiliates reserve the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
Neither Hayes Media nor any of its distribution affiliates has any obligation to monitor transmissions made on our Services. However, Hayes Media and its distribution affiliates have the right to monitor such transmissions from time to time (for example, due to a complaint) and to disclose the same in accordance with your service agreement.
By using our Services to reproduce, publish, display, transmit and distribute content, an Hayes Media customer is warranting that the content complies with this Policy and authorizing Hayes Media and its distribution affiliates to reproduce, publish, display, transmit and distribute such content as necessary for Us to deliver the content in a timely manner.
Electronic Mail / Email
Hayes Media Services may not be used to send unsolicited, bulk or commercial messages under any circumstances. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages may only be sent to those who have explicitly requested them. Our Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you.
Our Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any web site or other resource which uses Our Services. Forging, altering or removing of electronic mail headers is strictly prohibited.
You may not send numerous copies of the same or substantially similar messages (otherwise known as "Mail bombing", nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings. We are not responsible for the forwarding of email sent to any customer's service which has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at Our discretion.
You may not reference Hayes Media, or any of its subsidiaries or divisions either directly or indirectly, or by listing an IP address that belongs to Us in any unsolicited email even if that email is not sent through Our Services.
Any violation of this policy will result in immediate termination of your account and the forfeiture of any hosting or fees for Services already paid.
Bandwidth and Data Storage Limitations
You agree to and must comply with the bandwidth, data storage and other limitations on Hayes Media as per your service agreement. Users must ensure that their activity does not improperly restrict, inhibit, or degrade any other user's use of our Services, nor represent (in the sole judgment of Hayes Media) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede our ability to deliver our Services and monitor our Services, backbone, network nodes, and/or other network services
Violation of Acceptable Use Policy
Hayes Media does not routinely monitor the activity of services used by customer for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. Although Hayes Media has no obligation to monitor Services provided and/or the network, Hayes Media and it various affiliates and partners reserve the right to monitor bandwidth, usage, and content from time to time to operate our Services; to identify violations of this Policy; and/or to protect the network and Our customers.
We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, if our Services are used in a way which We or Our distribution affiliates, in their sole discretion, believe violate this Policy, We or any of Our distribution affiliates may take any responsive actions they deem appropriate. Such actions include, but aren't limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of Services provided by Us. Neither We nor our distribution affiliates will have any liability for any such responsive actions. The above described actions are not Hayes Media's exclusive remedies and Hayes Media may take any other legal or technical action it deems appropriate.
Hayes Media reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Our servers and network. During an investigation, We may suspend the service or services of the customer involved and/or remove material which potentially violates this Policy. You hereby authorize Hayes Media and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include Hayes Media providing the name, IP address(es), or other identifying information about a customer. Upon termination of a customer's service, Hayes Media is authorized to delete any files, programs, data and email messages associated with such account.
The failure of Hayes Media or its distribution affiliates to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of Georgia in the United States of America.
Changes To This Policy
We may revise this Acceptable Use Policy without notice by posting a new version of this document on the HayesMedia.org website. Accordingly, users of the Hayes Media services should consult this document regularly to ensure that their activities conform to the most recent version. In the event of a conflict between any service agreement or other terms and this policy, the terms of this policy will govern. Questions regarding this policy and complaints of violations of this policy by Hayes Media customers can be directed to abuse@hayesmedia.org. For clarification of this policy or any terms contained herein, feel free to contact us.