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MediaONAIR has a NO REFUND POLICY in Terms of Service; Section 5.
MediaONAIR ("MediaONAIR") agrees to furnish services to the Subscriber, subject to the following (" Terms of Service").
Use of MediaONAIR Service constitutes acceptance and agreement to AUP (" Acceptable Use Policy"), TOS (" Terms of Service"), DMP (" Domain Policy") and WDA (" The Webdesign Agreement").
All provisions of this contract are subject may be changed from time to time at the discretion of MediaONAIR. Subscriber understands that change to the TOS, AUP, DMP and WDA by the MediaONAIR shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Monroe, Michigan 48161 applicable to contracts enforceable in that state. Venue will be Monroe, Michigan 48161.
1. Illegal use: MediaONAIR services may not be used for illegal purposes, or in support of illegal activities. MediaONAIR reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
2. Threats: Use of the MediaONAIR service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
3. Harassment: Use of the MediaONAIR service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
4. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
5. Fraudulent activity: Use of MediaONAIR service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes" and "chain letters."
6. Unsolicited: commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the MediaONAIR service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending MediaONAIR account.
IMPORTANT NOTICE:
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
7. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending MediaONAIR account.
8. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the MediaONAIR service is in violation of this AUP.
9. Usenet SPAMing: MediaONAIR has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
10. Unauthorized access: Use of the MediaONAIR service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of MediaONAIR or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending MediaONAIR account is subject to immediate termination.
11. Copyright or trademark infringement: Use of the MediaONAIR service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
12. Collection of personal data: Use of the MediaONAIR service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
13. Network disruptions and unfriendly activity: Use of the MediaONAIR service for any activity which affects the ability of other people or systems to use MediaONAIR Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. MediaONAIR will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
14. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
15. Copyright: Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
16. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
17. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using MediaONAIR services could result in suspension service.
18. Third Party Accountability: MediaONAIR subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
19. IRC networks: IRC is allowed only on our separate IRC network that was designated by MediaONAIR for such a use. Clients found running IRC on our standard network will have their servers disconnected until they agree to be moved to IRC network.
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