Terms and Conditions

Policies Regarding Acceptable Use
MediaKey.com's acceptable use policies ("Policies") set forth below defines acceptable practices while using any of MediaKey.com's services that provide access to the MediaKey.com systems (the "Service"). By using the Service, you acknowledge that you have read, understood, and agree to abide by the Policies. You are responsible for violations of these Policies. While it is not our intent to control or monitor your on-line experience or the content of your on-line communications, we may edit or remove content that we deem to be in violation of the Policies or that we otherwise deem harmful or offensive. The Policies apply to all aspects of the Service, including e-mail, USENET postings, chatting, and browsing.

You are entirely responsible for maintaining the confidentiality of all password and account information provided by MediaKey.com. You agree to indemnify, defend, and hold MediaKey.com, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of this Policy, misuse or abuse of the Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in MediaKey.com's defense of any claim. MediaKey.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of MediaKey.com. You agree immediately to notify MediaKey.com of any unauthorized use of your account or any other breach of security known to you.

General
These Policies are designed to assist in protecting the Service, our Clients, and the Internet community as a whole from improper and/or illegal activity over the Internet The categories listed below are intended merely to serve as guidelines regarding appropriate and inappropriate conduct. The list is by no means all inclusive, and should not be interpreted as such.

Rights of MediaKey.com
If while using the Service, you engage in conduct that is in violation of the Policies or is otherwise illegal or improper, we reserve the right to suspend and possibly terminate the Service or your access to the Service. In most cases, we will attempt to notify you of any activity in violation of the Policies and request that the you cease such activity; however, in cases where the viability of the MediaKey.com network is threatened or cases involving UCE/SPAM, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, harassment or copyright infringement, we reserve the right to suspend your Service or your access to the Service without notification. In addition, we may take any other appropriate action, legal or otherwise, against you for violations of the Policies, which may include termination of the Service. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring via the Service and will have no liability to any party, including you, for any violation of the Policies.

Unauthorized Access/Interference
You may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. You may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. You may not use the Service to monitor any data, information, or communications on any network or system without authorization. You may not attempt to gain unauthorized access to the accounts or passwords of other Clients.

UCE/Spamming/Mail bombing
You may not use the Service to transmit excessive volumes of unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient, constitutes Unsolicited Commercial E-mail "UCE" and is prohibited. In addition, "spamming" or "mail bombing" is also prohibited. Use of the service of another provider to send UCE, Spam or mail bombs, to promote a site connected to the MediaKey.com network, is similarly prohibited. Likewise, you may not use the Service to collect responses from mass unsolicited e-mail messages.

Spoofing/Fraud
You may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than you for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify a Client's identity in connection with use of the Service is prohibited.

E-Mail Relay
Any use of another party's electronic mail server to relay e-mail without express permission from such other party is prohibited.

USENET Postings
All postings to USENET groups must comply with that group's charter and other policies. You are prohibited from cross posting to unrelated news groups or to any news groups where the post does not meet that group's charter. Continued posting of off-topic messages, including commercial messages (unless specifically invited by charter), is prohibited.

Illegal Activity
You agree to use the Service only for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful.

Other Prohibited Activities
The following activities are also prohibited: Attempting to intercept, redirect, or otherwise interfere with communications intended for others. Intentionally transmitting files containing a computer virus or corrupted data. Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in these Policies, may result in suspension or termination of the Client's access to and use of the Service.

Cooperation with Investigations
We will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity.

Privacy
Because the Internet is an inherently open and insecure means of communication, any data or information you transmit over the Internet may be susceptible to interception and alteration. Subject to our On-line Privacy Policy, we make no guarantee regarding, and assume no liability for, the security and integrity of any data or information you transmit via the Service or over the Internet, including any data or information transmitted via any server designated as "secure." Privacy Policy

Modifications
We reserve the right to modify these Policies from time-to-time in our sole discretion. We will notify you of any such modifications by posting a revised copy of the Policies on our Web site.

If you become aware of any violation of these Policies by any person, please notify us at . We will notify you of complaints received by us regarding each incident of alleged violation these Policies by you. You agree to promptly investigate all such complaints and take all necessary actions to remedy any actual violations of these Policies. We may identify to the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications. We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of these Policies, including devices designed to filter or terminate access to the Services provided by us.

Please select this link for information relating to the designated agent to receive Notification of Claimed Infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C., Section 512(c).
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