ACCEPTABLE USE POLICYMyDietEvaluator.com, and its subsidiaries,
divisions and related web sites (hereinafter collectively
referred to as “MyDietEvaluator.com”) Acceptable Use Policy ("AUP")
describes the proper kinds of conduct and prohibited uses of
MyDietEvaluator.com’s services (the "Services"), as described and
subscribed to pursuant to the applicable Terms and Conditions.
The AUP is not exhaustive and MyDietEvaluator.com reserves the
right to modify the AUP at any time, effective upon posting of
the modified AUP to www.MyDietEvaluator.com. By registering for
and using the Services, and thereby accepting the terms and
conditions of the Agreement, you agree to abide by the AUP as
modified from time to time. Any violation of the AUP may result
in the suspension or termination of your account and such other
action as MyDietEvaluator.com deems appropriate.
1. YOUR GENERAL RESPONSIBILITIES
The Services enable you to develop and display a Web site
through which you can interact with users of the Internet and
retrieve and send vast amounts of information. It also allows
for the deploying of email to promote the sale of your product
or services. Generally, MyDietEvaluator.com will not actively
monitor, censor, or directly control any content that is or will
be displayed on your Web site(s) or information that you collect
or use through your Web site(s). MyDietEvaluator.com, however,
provides the Services with the goals of (a) ensuring security,
reliability and privacy of the Services and the users of the
Services, (b) maintaining an image and reputation of
MyDietEvaluator.com as a responsible provider of the Services, (c)
preserving the value of Internet resources as a conduit for free
expression, (d) encouraging the responsible use of Internet
resources and discouraging degrading, libelous or illegal uses
of such resources. Consequently, MyDietEvaluator.com expects you,
and all other users of the Services, to take responsibility in
using the Internet with courtesy and responsibility, and be
familiar with and to practice good Internet etiquette, in
furtherance of the above stated goals.
VIOLATION OF ANY OF THESE GUIDELINES IS STRICTLY PROHIBITED AND
MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE
SERVICES YOU RECEIVE FROM MyDietEvaluator.com YOU WILL REMAIN SOLELY
LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND
ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT
THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT
LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND
DOMAIN NAMES.
2. ILLEGAL OR HARMFUL USE
You may use the Services only for lawful purposes. Transmission,
distribution, sale or storage of any material in violation of
any applicable law, regulation, or the AUP is prohibited. The
following non-exhaustive list details the kinds of illegal or
harmful conduct that are prohibited. MyDietEvaluator.com reserves
the rights to restrict or prohibit any and all uses of the
Services or content on your Web site(s) and to remove such
materials from its servers that MyDietEvaluator.com determines in
its sole discretion is harmful to its servers, systems, network,
reputation, good will, other MyDietEvaluator.com customers or any
third party.
Infringement. Infringement of intellectual property rights or
other proprietary rights including, without limitation, material
protected by copyright, trademark, patent, trade secret, or
other intellectual property right used without proper
authorization. Infringement may result from, among other
activities, the unauthorized copying and posting of pictures,
logos, software, articles, musical works, and videos.
Offensive Materials. Transmission, disseminating, sale,
storage or hosting material that is unlawful, libelous,
defamatory, obscene, pornographic, indecent, lewd, harassing,
threatening, harmful, invasive of privacy or publicity rights,
abusive, inflammatory or otherwise objectionable.
Export Violations. Posting or sending of software or
technical information in violation of U.S. export laws,
including, without limitation, the Export Administration Act and
the Export Administration Regulations maintained by the
Department of Commerce.
Harmful Content. Disseminating or hosting harmful content
including, without limitation, viruses, Trojan horses, worms,
time bombs, cancelbots or any other computer programming
routines that may damage, interfere with, surreptitiously
intercept or expropriate any system, program, data or personal
information.
Fraudulent Conduct. Offering or disseminating fraudulent
goods, services, schemes, or promotions (i.e., make money fast
schemes, chain letters, pyramid schemes), or furnishing false
data on any signup form, contract or online application or
registration, or the fraudulent use of any information obtained
through the use of the Services, including without limitation
use of credit card numbers.
3. SYSTEM AND NETWORK SECURITY AND INTEGRITY
Violations of MyDietEvaluator.com’s or any third party's server,
system or network security through the use of the Services are
prohibited, and may result in criminal and civil liability.
MyDietEvaluator.com may investigate incidents involving such
violations. MyDietEvaluator.com may involve and cooperate with law
enforcement if a criminal violation is suspected. Examples of
server, system or network security violations include, without
limitation, the following:
Hacking. Unauthorized access to or use of data, systems,
servers or networks, including any attempt to probe, scan or
test the vulnerability of a system, server or network or to
breach security or authentication measures without express
authorization of the owner of the system, server or network.
Interception. Unauthorized monitoring of data or traffic on
any network, server, or system without express authorization of
the owner of the system, server, or network.
Intentional Interference. Interference with service to any
user, host or network including, without limitation, mail
bombing, news bombing, other flooding techniques, deliberate
attempts to overload a system, broadcast attacks and any
activity resulting in the crash of a host. Intentional
interference also means the use of any kind of
program/script/command, or send messages of any kind, designed
to interfere with a user's terminal session, via any means,
locally or by the Internet.
Falsification of Origin. Forging of any TCP-IP packet header,
e-mail header or any part of a message header. This prohibition
does not include the use of aliases or anonymous remailers.
Avoiding System Restrictions. Using manual or electronic
means to avoid any use limitations placed on the Services such
as timing out.
Failure to Safeguard Accounts. Failing to prevent
unauthorized access to accounts, including any account
passwords.