Market3 Acceptable Use Policy (AUP) sets out the rules and guidelines for using our services. The AUP is an integral part of the Market3’s Terms of Service (TOS). You agree to maintain your account and website in full compliance with the TOS and the AUP.
By using any service provided by Market3:
- You agree that you will not violate any applicable laws, regulations, ordinances, rules or any requirements of any applicable Federal, State, national or local government or any applicable regulator.
- You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or Mail Bombing.
- You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- You agree not to make, attempt or allow any unauthorized access to Market3’s website, servers, your own hosting account or the account of any other Customer of Market3.
- You agree not to allow any remote code execution of malicious software through the hosting account provided by Market3.
- You agree not to cause denial of service attacks, port scans or other endangering and invasive procedures against Market3 servers and facilities or the servers and facilities of other network hosts or Internet users.
- You agree not to forge the signature or other identifying mark or code of any other person or engage in any activity (including “spoofing”) to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames).
- You agree that you will not use the account provided by Market3 for storing any data if it is copyrighted and you are not the owner of the copyright. This includes but is not limited to copyrighted music or video files, copyrighted software, etc.
- You agree that you will not use Market3 services to host any website, other content, links or advertisements of websites that:
- infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information;
- offers image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic);
- offers banner ad services for display on other websites or devices (commercial banner ad rotation);
- hosts file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare);
- serves commercial audio or video streaming (more than one or two streams;
- offers push button mail scripts that allow the user to specify recipient email addresses;
- serves anonymous or bulk SMS gateways;
- stores or hosts backups of content from another computer or website;
- runs or uses any script that causes a degradation in the performance of our server or network environment;
- profess hatred for particular social, ethnical, religious or other group;
- contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property;
- contain Illegal or Hacking/Phreaking Software (Warez);
- contain any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
- contain any kind of proxy server or other traffic relaying programs;
- promote Money Making Schemes, Multi-level Marketing or similar activities;
- contain Torrent trackers, Torrent Portals or similar software;
- are with adult content, pornographic, obscene, unlawfully harassing, or connected with child abuse or sex-related merchandising;
- are violent or encouraging violence.
- or for any purpose similar to the above.
Examples of unacceptable materials on all Market3 servers include (with out limitation):
IRC Bots, Proxy Scripts, Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Bitcoin Miners, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Brute Force Programs, Commercial Audio Streaming (more than one or two streams), Mail Bombers and Spam Scripts. Forum sites and or any other websites that distribute or link to warez content are strictly prohibited as well.
Any material that in our reasonable opinion is either obscene or threatening is strictly prohibited and will be removed from our servers immediately without prior notice.
Website Maintenance & Security Policy
You are solely responsible for ensuring that all programs and scripts installed by you, on your account are secure and the permissions of the directories and files are set properly. We recommend that you set the permissions on all directories and files to be as restrictive as possible. You are solely responsible for any actions and activity on your account, including any compromise of login credentials. You agree to keep all your login credentials secure at any time. As part of this, we strongly recommend using both professional anti-virus and anti-malware protection programs to keep your local computers free of infection; an infected computer often leads to a compromised website or email account. We reserve the right to carry out regular audits to determine the security level of login credentials. In case we consider your credentials are not secure enough, we will either notify you and set a time frame for updating them or we will change the login credentials and provide them to you. We may suspend access to your account until you update your login credentials with more secure ones. In the event of a website or email compromise, we may suspend access to your website and email server until you verify a recently updated anti-virus and anti-malware scan has been completed and return clean, for every computer used to access your account. You are solely responsible to ensure the software running on your website is updated in accordance with industry best practices. Market3 offers support plans to assist with that if it is not something you wish to handle in-house.
Zero Tolerance Spam Policy
We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice. Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated with out notice. Market3 reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.
Websites hosted on Market3’s servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, Market3’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, Market3 is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.
Market3 cannot and shall not provide legal advice referring to the contents of your account and its performance. All information, articles, tutorials and tech support advice are provided in good faith and do not constitute official requirements, regulations or statements. You shall be solely responsible for verifying whether the content of your account complies with any specific legal act or provision. Market3 shall not be liable in the event that any part of your account violates any law or regulation.
By using our services you also agree not to engage in or to instigate actions that cause harm to Market3 or other Market3 customers. It is your responsibility to ensure that your hosting account will not be used to, engage in or to instigate actions that cause harm to Market3 or other Market3 customers. Such actions include, but are not limited to, actions resulting in blacklisting any Market3 IPs by the any online spam database, actions resulting in DOS attacks for any Market3 server, etc.
You acknowledge and agree that Market3 has the sole right to decide what constitutes a violation of the AUP as well as what is the appropriate severity of any corrective action to be applied. If any part of your account is found to violate the AUP, we may take immediate corrective action without prior warning, including require changes (if you are managing your own account), immediate account suspension, deletion of content from your account or account termination with no refund. Market3 shall not be liable for any loss or damage arising from our measures taken against actions causing harm to Market3 or any other third party.
We reserve the right to terminate any hosting account that has been suspended for violation of the AUP or the TOS. Backup copies may not be available for terminated accounts.
You understand and agree that in the event your account is suspended for violation of the AUP, we may ask for a re-activation fee ($50.00) in addition to any fees incurred for time spent correcting the problem.