Scope and Application of Policy
Look Media maintains this Acceptable Use Policy ("AUP") to provide users of its Services (as such term is defined in the Hosting Services Agreement located at https://www.lookmedia.com/about/hosting-services-policy for purposes of this AUP, the term "Services" shall also be deemed to include Look Media's various systems and network) with a clear statement of rules and use restrictions that apply to the use of Look Media's Hosting and E-mail Services.
This AUP forms an integral part of the Hosting Services Agreement ("Terms of Service") that govern your use of Look Media's Services. Your compliance with and cooperation in Look Media's enforcement of this AUP is an express condition to your continuing contractual rights to use Look Media's Services. This AUP also applies to your employees, agents, contractors and end users. The evolving nature of the Internet and on-line commerce makes it necessary for Look Media to reserve the right to make changes to this AUP at any time. You agree that any changes will be effective when posted on-line at this location and that your continued use of Look Media's Services will constitute your acceptance of any changes or additions to this AUP.
This AUP is not intended to address all possible unacceptable uses of Look Media's Services. As a result, Look Media reserves complete discretion to determine what constitutes an unacceptable use of its Services and reserves the right to suspend or terminate your Services, or take such other action as Look Media deems appropriate in its sole discretion.
YOUR USE OF LOOK MEDIA'S SERVICES MAY NOT VIOLATE ANY OF THE FOLLOWING PROVISIONS. LOOK MEDIA MAY SUSPEND OR TERMINATE YOUR SERVICES IF IT DETERMINES, IN ITS SOLE AND EXCLUSIVE DISCRETION, THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP. YOU VIOLATE THIS AUP WHEN YOU, YOUR END USERS OR ANY THIRD PARTY ACTING ON YOUR OR YOUR END USERS' BEHALF, ENGAGE IN ANY ACTIVITY, DIRECTLY OR INDIRECTLY, OR ATTEMPT TO ENGAGE IN AN ACTIVITY, WHETHER SUCCESSFULLY OR OTHERWISE, CONTRARY TO THE TERMS OF THIS AUP.
LOOK MEDIA WILL NOT INTERVENE OR BECOME INVOLVED IN ANY DISPUTES BETWEEN YOU AND A THIRD PARTY. CONSEQUENTLY, LOOK MEDIA RESERVES THE RIGHT, IN ITS SOLE AND EXCLUSIVE DISCRETION, TO SUSPEND OR TERMINATE YOUR SERVICES UPON ITS RECEIPT OF ANY THIRD PARTY COMPLAINT THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP, THAT MAY OTHERWISE SUBJECT LOOK MEDIA TO LIABILITY FOR ANY REASON, OR THAT MAY CAUSE AFFINTY TO INCUR LEGAL FEES OR OTHER EXPENSES.
LOOK MEDIA MAY SUSPEND AND TERMINATE YOUR SERVICES UNDER THIS AUP WITHOUT NOTICE TO YOU AND YOUR END USERS. LOOK MEDIA MAY ALSO REPORT YOUR ACTIVITIES TO FEDERAL AND/OR STATE LAW ENFORCEMENT AGENCIES.
- Lawful Purpose
You may use Look Media's Services only for lawful purposes. You may not transmit, store or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use Look Media's Services to facilitate, or otherwise assist in, the violation of any law or regulation.
- Spamming and Related Activities
Look Media strictly prohibits your use of Look Media's Services to transmit SPAM or to host a site that is advertised or announced via SPAM. "SPAM" is any form of unsolicited advertisement or informational announcement that is transmitted, whether singularly or in bulk, via any Internet-based communications medium including, but not limited to, Social Networks such as FaceBook, Twitter, LinkedIn and Instagram; Chat Programs such as SnapChat, AIM, YIM and MSN; e-mail, Internet facsimile, Internet phone, instant and text messaging (SMS) and IRC applications.
Activities that violate this policy may also subject you to civil liability to third parties and to criminal penalties.
- Permission Based Communications
You may use Look Media's Services to transmit permission-based communications for purposes of marketing your goods and services, provided that you otherwise comply with the standards set out in this AUP and all applicable laws including, but not limited to, the CAN-SPAM Act. All marketing conducted using Look Media's Services must be permission (opt-in) based. You must keep adequate and verifiable records to prove that your marketing is strictly permission-based. In addition, should you purchase mailing lists or other types of data that are to be used to contact third parties via Look Media's Services, you must verify that the lists have been compiled on a strict "opt-in" basis.
In addition to the foregoing general requirements, all permission-based communications sent using Look Media's Services must include the following (and you are required to take the corresponding actions set forth below):
- A working "unsubscribe" link. (You must honor all unsubscribe requests within 72 hours from the time they enter Look Media's Services.)
- The recipient's accurate e-mail address in the "to" line and the sender's accurate e-mail address in the "from" line.
- A working "abuse" address and/or link. (You must answer all complaints forwarded to this address within 72 hours from the time they enter Look Media's Services.)
- Your current telephone number and physical mailing address or PO Box where you can receive mail. (Not a website or e-mail address.)
- An up-to-date website that corresponds with the domain portion of the response e-mail. Your website must conspicuously display your telephone number and physical mailing address or PO Box where you can receive mail.
You are solely responsible for the transmission of all such permission-based communications. Look Media reserves the right to suspend or terminate your Services in the event Look Media receives an excessive number of complaints related to your permission-based communications, whether such complaints are made by parties whom "opt-in" or otherwise. You agree that Look Media may determine what constitutes an excessive number of complaints in its sole and exclusive discretion.
- Regulatory Compliance
You may not use Look Media's Services in any manner that does not comply with the General Data Protection Regulation (GDPR), Protected Health Information (PHI) governed by HIPAA and HITECH, Personally-Identifiable Information (PII) governed by state privacy laws, and payment card information regulated by the Payment Card Industry’s (PCI’s) Data Security Standard (DSS).
- Copyright Infringement
You may not use Look Media's Services in any manner that infringes upon the rights of a third party under federal and foreign copyright laws. You may not allow unauthorized distribution or copying of copyrighted files from your website including, but not limited to, software, books, magazines, videos, music, warez, cracks and ROMs. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
In the event that Look Media must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that Look Media may do so by disabling access to your entire web site.
- Violations of Other Intellectual Property Rights
You may not use Look Media's Services in any manner that infringes or misappropriates any other intellectual property rights of a third party including, but not limited to, trademarks, trade names, trade dress, logos, domain names, patents, trade secrets and other proprietary rights of a third party.
Although Look Media reserves the right to suspend or terminate your Services upon its receipt of a third party claim that alleges that you are using Look Media's Services in a manner that infringes such third party's intellectual property rights, Look Media may, in its sole and exclusive discretion, allow you to continue use of its Services provided that you confirm in a timely manner that you have discontinued the allegedly infringing activities or provide Look Media with a court order confirming that your activities do not infringe the intellectual property rights of such third party.
- Defamation and Harassment
You may not use Look Media's Services to defame, harass, abuse, libel, slander or threaten a third party.
- Child Pornography
You may not use Look Media's Services to disseminate or display images or other content that constitutes child pornography under United States laws.
Look Media applies a zero tolerance policy to the enforcement of this prohibition. Look Media takes an active role in cooperating with law enforcement officials in their efforts to prosecute violations of statutes that prohibit the dissemination of child pornography. Look Media reports the use of its Services to disseminate or display child pornography as required by law. You will not be notified that Look Media may be cooperating with law enforcement or that Look Media has reported the use of its Services in this manner.
For further information about child pornography, you may visit the web site of the National Center for Missing and Exploited Children at www.ncmec.org.
- Disruptive or Abusive Activity
You may not use Look Media's Services:
- to forge, misrepresent, omit, or delete message headers, return mailing information and/or Internet Protocol addresses to conceal or misidentify the origin of a message;
- to create or transmit any Internet virus, worm, Trojan horse or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operations of the Services;
- to maintain open mail relays, forward or propagate "chain" mail or mail bomb;
- to engage in denial of service attacks including, but not limited to transmitting packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding and any other use, or otherwise interfere with an Internet user's terminal session;
- in a manner that encumbers or utilizes disk space, processors or other system requirements beyond those allowed by your specific account;
- to establish, create or otherwise make available any Internet Relay Chat (IRC) server;
- to hack, subvert, or assist others in hacking or subverting the security or integrity of Look Media's Services;
- to disseminate or display indecent or obscene images or content;
- to solicit information that is considered to be confidential, such as passwords or credit card information, or to crack passwords or to defraud third parties into releasing their passwords;
- to solicit or facilitate the performance of any illegal activity, even if the activity itself is not performed; and/or
- in any manner that might potentially subject Look Media to unfavorable regulatory action, subject Look Media to any liability for any reason, or adversely affect Look Media's public image, reputation, goodwill, business or operations.
While Look Media is concerned with the privacy of on-line communications and websites, the Internet is no more secure than other means of communications. You should assume that all on-line communications are insecure. Look Media is not responsible for the security of any information transmitted over its Services, unless it has expressly agreed to do so. Such an agreement must be in writing and signed by an authorized officer of Look Media.
- IP Addresses
In connection with your use of Look Media's Services, you may only use IP addresses that are assigned to you by Look Media. If you use IP addresses that are not assigned to you by Look Media, Look Media will suspend your Services from network access until such time as the IP address overlap is corrected. Look Media owns all IP addresses that may be assigned to you by Look Media. Look Media may, in its sole discretion, change these numbers from time to time without notice to you.
- Certain Restrictions Applicable to Shared Customers
If you are the registered owner of an Look Media shared account:
- Your Services may not be transferred or used by anyone other than you. You may not sell, lease or assign the Services or any part of the Services to any party not named in Look Media's records. You may allow ftp access and host websites for your end customers without violating this AUP.
- When you utilize an excessive amount of system resources, Look Media reserves the right to place CPU process limits on your account to prevent disruption of Look Media Services to other customers. Look Media reserves sole discretion to determine what constitutes excessive usage of system resources.
If you are the registered owner of an Look Media dedicated account:
- You are solely responsible for any breaches of security affecting servers under your control. If your server is involved in an attack on another server or system, it may be shut down and Look Media may launch an investigation to determine the cause and source of the attack. In such an event, you are responsible for all costs to rectify any damage done to your server and any other requirement affected by the security breach. You acknowledge and agree that Look Media will not be liable to you or your end users for any loss or corruption of data or information, inability to access the Internet or Look Media's Services or inability to transmit or receive information as a result of any actions taken by Look Media in response to such security breaches. This foregoing sentence may not be construed to diminish or amend any limitations of liability, or restrict the applicability of such limitations, as to Look Media that are set forth in the Hosting Services Agreement or any other agreement between you and Look Media.
- No Credits or Refunds for Suspension and/or Termination of Services
- Look Media does not issue credits or refunds for outages incurred as a result of its decision to suspend or terminate its Services for a violation of this AUP. You agree to indemnify, defend and hold harmless Look Media from any claims by your end users and any third party that they have been damaged by reason of such suspension or termination of Look Media's Services.
You are solely responsible for ensuring that materials disseminated or posted using Look Media's Services comply with this AUP and all applicable laws and regulations. Look Media does not review, edit, censor or take responsibility for any information you, other customers or your end users may create.
Look Media may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation or governmental request. Look Media assumes no obligation to inform you that such information has been provided and, in some cases, may be prohibited by law from providing you with notice.
On occasion, Look Media may have a need to communicate with you about issues that relate to billing, service changes, additions and modifications to its Services. Look Media may choose the method of such communication in its sole discretion. The preferred method of communication is via e-mail.
It is your responsibility to provide and check the account and contact information, including a required valid e-mail address, that you provide to Look Media during the sign-up process. It is your responsibility to inform Look Media promptly of any changes to your account or contact information. Look Media has no responsibility for communications that are misdirected as a result of your failure to provide Look Media with updated contact information.
Complaints about activity in violation of this policy engaged in by Look Media customers or end users should be directed to email@example.com.