Miller Design

Terms of Service | Acceptable Use | Privacy Policy

Acceptable Use Policy

This Acceptable Use Policy ("AUP") governs the use of Miller Design's web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Miller Design regarding the interpretation of this AUP, Miller Design's interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact us.

Table of Contents

  1. Internet Abuse
  2. Restrictions on Use
  3. Offensive Content
  4. Security
  5. Bulk Commercial E-Mail
  6. Unsolicited Commercial E-Mail (UCE, SPAM)
  7. Material Protected by Copyright
  8. Other
  9. Disclaimer

1. Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Miller Design and its customers) without express authorization of the owner of the system or network;
  • Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning and port scanning;
  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
  • Any conduct that is likely to result in retaliation against Miller Design's network.
  • Use of Miller Design's network in a way that unreasonably interferes with Miller Design's other customers use of the network

2. Restrictions on Use

  • You may not operate Internet Relay Chat ("IRC") servers using Miller Design Web Hosting Services.
  • You may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC's service administrator.
  • You must not use any programs that may or will interfere with another's use of this site or any Miller Design Web Hosting Services.
  • You may not run any background processes on the Miller Design Web Hosting servers, networks, or systems without prior written authorization from Miller Design.
  • You may not use any Miller Design Web Hosting services to send denial-of-service (DOS) attacks to any computer or network, or to "flood" any computer or network.
  • Miller Design Web Hosting reserves the right to add further restrictions to Customers' use of the Miller Design Web Hosting Services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users.
  • You may not host any HYIP or Investment websites. If you host any of the above websites on our servers, your account will be terminated and no refund will be given. No Exceptions!

3. Offensive Content

You may not publish or transmit via Miller Design's service any content that Miller Design reasonably believes:

  • is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • is defamatory or violates a person's privacy;
  • creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
  • constitutes child pornography;
  • constitutes pornography;
  • improperly exposes trade secrets or other confidential or proprietary information of another person;
  • is intended to assist others in defeating technical copyright protections;
  • clearly infringes on another person's trade or service mark, patent, or other property right;
  • promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Miller Design; or
  • is otherwise malicious, fraudulent, or may result in retaliation against Miller Design by offended viewers.

Content "published or transmitted" via Miller Design's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Miller Design.

4. Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

5. Bulk Commercial E-Mail

You must obtain Miller Design's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Miller Design's reasonable satisfaction:

  • Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
  • Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
  • You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and Miller Design's requests to produce consent evidence within 72 hours of receipt of the request.
  • The body of the e-mail must describe how the e-mail address was obtained, for example, "You opted in to receive this e-mail promotion from our Web site or from one of our partner sites," and information on how to request evidence of the consent, for example, "If you would like to learn more about how we received your e-mail address please contact us at an abuse@yourdoman.com."
  • You have procedures in place that allow a recipient to easily revoke their consent — such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
  • You must post an abuse@yourdoman.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
  • You must have a Privacy Policy posted for each domain associated with the mailing;
  • You have the means to track anonymous complaints;
  • You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and
  • You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your Miller Design service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Miller Design service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Miller Design may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

6. Unsolicited Commercial Email (UCE, SPAM).

Miller Design takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Customers of Miller Design may not use or permit others to use our network to transact in UCE. Customers of Miller Design may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally monitor email being sent from servers.

  1. Violation of Miller Design's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Miller Design will initiate an immediate investigation (within 48 hours of notification). During the investigation, Miller Design may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Miller Design may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Miller Design reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Miller Design will notify law enforcement officials if the violation is believed to be a criminal offense.
  2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Miller Design must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

7. Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

  • you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
  • you are otherwise permitted by established United States copyright law to copy the work in that manner.

Miller Design will terminate the service of repeat copyright infringers.

8. Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Miller Design network.

9. Disclaimer

Miller Design is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the Miller Design network.

Inquiries regarding this policy should be directed to:
http://www.millerdesign.biz/contact.php