Inappropriate Actions.

Actions, whether intentional or inadvertent, thatMorales Design considers inappropriate and grounds for restriction of access to or removal of offending material or termination ofMorales Design Services include, but are not limited to, the following:

  • Using the Services to sell any products or services that are unlawful in the location at which the content is posted or received or the products or services delivered;
  • Using the Services to undertake or accomplish any unlawful purpose (including, but not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or otherwise objectionable in Morales Design’s or its upstream providers’ sole opinion), or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation;
  • Using the Morales Design Services to post, store, send, transmit, or disseminate any information or material which Morales Design determines (in its sole opinion) that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
  • Using the Services to send unsolicited email to any email address where the owner has not provided affirmative consent to receive marketing communications;
  • Using the Services to send transactional or relationship messages which violate the FTC’s Primary Purpose Rule pertaining to transactional messages (see the “FTC’s Primary Purpose final rule:”http://www.the-dma.org/press/PrimaryPurposeFactSheet.pdf);
  • Using the Services to restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Morales Design Services, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to send or retrieve information;
  • Using the Services to restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to theMorales Design Services, or otherwise cause a performance degradation to any facilities, equipment or networks used to deliver the Services of Morales Design or its upstream providers;
  • Using theMorales Design Services to post any content that holdsMorales Design, its affiliates and parent company, and their employees or shareholders up to public scorn or ridicule or would in anyway damage or impair their reputation or goodwill;
  • Assigning, reselling, sublicensing, or otherwise making the Services available to third parties for their own use, except as expressly permitted by the terms of a customer’s agreement withMorales Design;
  • Reverse engineering, decompiling, disassembling, or otherwise attempting to learn the source code to, the Morales Design Services;
  • Bundling the Services as part of a customer’s own product offering, without the express prior written consent of Morales Design;
  • Selling, leasing, renting, or otherwise making available data learned through theMorales Design Services in any form (printed, electronically relayed, posted to public list services or bulletin boards, or magnetically stored) to, or for the benefit, of any third party for any reason other than to assist the customer in its normal business activities;
  • Misidentifying the source of an email; adding, removing, or modifying identifying network header information (aka “spoofing”) in an effort to deceive or mislead, or attempting to impersonate any person by using forged headers or other identifying information; or
  • Activities which adversely affect the ability of other people or systems to use Services or the Internet (including without limitation “denial of service” attacks againstMorales Design’s servers, network hosts or individual users;

This is intended to be an illustrative, and not exhaustive, list of Inappropriate Actions. The examples identified in this list are in addition to the content identified in the agreement between Morales Design and its customer pursuant to whose agreement you are given the right to access theMorales Design Services and are provided solely for your guidance. If you are unsure whether any contemplated use or action is permitted or wish to report a violation of this AUP, please contact us.

Violations.

Morales Design prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Morales Design Services are used in a way that Morales Design, in its sole discretion, believes violates this AUP,Morales Design may take such responsive action(s) as Morales Design, in its sole discretion, determines to be appropriate. These responsive actions may include, but are not limited to, suspending your right to access and use theMorales Design Services until the Inappropriate Action has ceased to Morales Design’s satisfaction, and termination of the agreement between Morales Design and the customer on whose behalf you are using the Morales Design Services. Morales Design reserves the right in its sole discretion to restrict access to or to remove any content for any reason, including but not limited to, your violation of any laws or the terms and conditions of any agreement between Morales Design and its customer pursuant to whose agreement you are given the right to access the Morales Design Services, or this Acceptable Use Policy.

While Morales Design and its upstream providers may elect to monitor your use of the Service to confirm your adherence to this Acceptable Use Policy, it is ultimately responsibility of the user of the Services to ensure that all use complies with this Acceptable Use Policy. Morales Design’s right to take action under this Acceptable Use Policy will not place an obligation on Morales Design or its upstream providers to monitor or exert any editorial control over your website.

Bandwidth Usage Allocation. A customer’s use of bandwidth is expected to compare to the normal bandwidth used by other Morales Design customers. If, in the sole discretion of Morales Design, a customer requires or is utilizing bandwidth that is excessive in comparison to other Morales Design customers, Morales Design may impose additional charges for this bandwidth usage, or if such charges cannot be agreed upon, may prevent such excessive use of the Morales Design Services.

Network Security.

You may not use Morales Design’s network or any third party networks contracted by Morales Design to circumvent user authentication or interfere with the security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are not authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization’s security policy. You may not attempt to interfere with or deny service to any user, host, or network. Any violation of network security may result in immediate termination of the agreement between the customer on whose behalf you are utilizing the Morales Design Services and Morales Design.

Revisions to this Acceptable Use Policy.

Morales Design reserves the right to revise, amend, and/or modify this AUP at any time. Notice of any revision, amendment, and/or modification to this AUP will be posted on the log-in page for theMorales Design Services. You agree that your use of the Morales Design Services, beyond a period of ten (10) calendar days after a notice of such change has been provided on the Morales Design Services for the first time, shall constitute your consent to the revised, amended, and/or modified version of the AUP.