Scope
This Service Usage Policy ("Policy") governs the usage of Gizmo Beach's products and services ("Services"). This Policy is incorporated by reference into each contract Gizmo Beach enters into with a customer ("Customer", "Member", "You", "Your") for the use of such Services. Every Customer is subject to this Policy, and by virtue of using Gizmo Beach Services, agrees to be bound by this Policy.

Gizmo Beach may modify this Policy at any time with or without notice. Any modification is effective upon posting on our website and continued use of Gizmo Beach Services constitutes the Customer's acceptance of such modifications.

Policy violations are determined by Gizmo Beach in its sole and absolute discretion.

Prohibited Uses
Customers violate this Policy when the Member, or their parent, subsidiaries, affiliates, Customer's users, employees, directors, or partners engage in the following prohibited activities.

Spamming Activities
Gizmo Beach prohibits the use of our Services for spamming activities. All Customers are subject to our Spam Policy.

Illegal Activities
Gizmo Beach prohibits the use of our Services in connection with any illegal activity, including but not limited to the following:
  • Violations of intellectual property and copyright laws.
    (Customer acknowledges that Gizmo Beach is required by law to remove or block access to content, appearing on or through the Services upon receipt of proper notice of copyright infringement.)
  • Activities related to trafficking of illegal drugs, illegal gambling, pyramid schemes, obscene materials, or any other products or services that are prohibited under applicable law.
  • Violations of export control laws.
  • Any activities using the Services for disseminating or facilitating child pornography.
  • Fraudulently charging credit cards or disseminating credit card information of third parties without their knowledge.

Internet Abuse
Gizmo Beach prohibits any disruptive or abusing activities, including but not limited to the following:
  • Denial of Service (DOS) attack activities targeting Gizmo Beach or any other Internet users or hosts.
  • Any activities that degrade or impair the operation of Gizmo Beach servers
  • Disseminating software, running software, or posting messages that consume excessive CPU, bandwidth, or disk space usage.
  • Reselling or allowing access to CGI scripts on Gizmo Beach servers.
  • Subverting, or assisting others to subvert the security of any Gizmo Beach systems.
  • Hacking, or gaining unauthorized access to Gizmo Beach network or any other network or user.
  • Providing passwords to persons not authorized to receive such materials.
  • Spoofing, or any other activity to attempt to deceive or mislead other person regarding the true identity of the User.
  • Distribution of virus, worms, Trojan Horses, or any computer code intended for malicious, disruptive, or destructive purposes.
  • Port scanning or any other invasive activities against any server.
  • Using Service to store, post, transmit, display or otherwise make available obscene, harassing, abusive, defamatory, slanderous, libelous or threatening language.
  • Using Service to violate the privacy rights of stalk any other person.
  • Using Service in any manner that may subject Gizmo Beach to unfavorable regulatory action, subject Gizmo Beach to any liability for any reason, or adversely affect Gizmo Beach's public image, reputation or goodwill.

Inappropriate Content
Gizmo Beach prohibits the following:
  • Hate speech or hate propaganda.
  • Adult content.
  • Member Content linking to content that violates Gizmo Beach Terms and Conditions.
The determination of Inappropriate Content is made solely by Gizmo Beach.

Server Abuse
  • Gizmo Beach prohibits any Member Content or activities that use excessive server resources, or may adversely affect any other Customers.
  • Customer understands that they share server resources with other Customers. In order to provide a stable and reliable hosting environment for all customers, server resources are limited for each account, which may include, but is not limited to, CPU and memory usage, number of concurrent processes, number of concurrent port or database connections, session timeout, and total bandwidth usage.

Mass Emailing
Gizmo Beach does not allow the use of their services for mass mailings. This includes all mailing lists, legitimate opt-in or not. Email usage in excess of 1000 emails per account per 24 hours is not allowed and could result in suspension of email services, account suspension, and/or account termination. For these types of mass mailings, a third party mass email service should be used.

Abandoned Email
Gizmo Beach reserves the right to remove/disable, with or without notice, any email services (pop, forwarding, catch-all, autoresponder) that appear abondoned. The determination of Abandoned Email is made solely by Gizmo Beach.

Customer Responsibilities
  • Customer is solely responsible for the programming, uploading, maintenance, quality, marketing of Member Content.
  • Customer will cooperate fully with Gizmo Beach in connection with Gizmo Beach's performance of Services.
  • Customer will provide Gizmo Beach with their most current and accurate contact information, including but not limited to mailing address, telephone, and email address.
  • Customer is solely responsible for making sure that Gizmo Beach can contact them via the contact email address provided. If the Customer chooses to use a Spam Filter, they are responsible for making sure that the Gizmo Beach domain is whitelisted, and/or any Gizmo Beach communication can be received without ending up in their Spam/Junk/Bulk mail.
  • In the event that it is necessary, Gizmo Beach may choose to contact the Customer via telephone. The Customer is responsible for making sure that the Contact telephone number is valid and current.
  • Customer agrees to conduct themselves in a professional manner when communicating with Gizmo Beach and/or other Gizmo Beach customers. Any verbal/written abusive language, threats, racist/hate/libelous speech are not tolerated and may result in Corrective Action at the sole discretion of Gizmo Beach.
  • Customer must accept the Gizmo Beach monthly newsletter sent from no-reply at Gizmo Beach, as it contains new feature information and other important company information. The Customer understands that the FROM Email address, no-reply at Gizmo Beach, is used to send out emergency notifications as well.
  • Customer is solely responsible for providing its users with any required disclosures on their website.
  • Customer is solely responsible for making back-up copies of Member Content.
  • In the event of a domain transfer, customer is solely responsible for contacting and working with their domain registrar to transfer their domain to Gizmo Beach. Gizmo Beach will provide any relevant DNS information required for domain transfers.
  • Customers requesting new domain registration are subject to Gizmo Beach's Domain Name Registration Terms and Conditions, the provisions of which are incorporated herein by this reference. Gizmo Beach will register Internet domain names on behalf of Customer through our Domain Registrar partner.
  • Customers who registered new domain names through Gizmo Beach and, under circumstances wherein Customer agrees for Gizmo Beach to disable Domain Name auto-renewal, the customer is solely responsible for proactively managing their domain, including transferring the domain to another domain registrar of their choice and taking action to renew their domain name.

Reservation of Rights
Gizmo Beach reserves the right to cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through our Service. Gizmo Beach has no obligation to notify any person, including the Customer, regarding the information being sought, provided, or transferred in cooperation with law enforcement or legal order.

Non-Copyright Violations
Any report of abuse of the Service Usage Policy should be sent to abuse@gizmobeach.com. Sufficient information to identify the abuser must be provided for any action.

Reporting Copyright Violations
Gizmo Beach complies with the Digital Millennium Copyright Act ("DMCA"). If you wish to report a Copyright Violation, please send us a letter describing the violation and provide (i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) a description of the copyrighted work that you claim has been infringed, (iii) a description of where the material that you claim is infringing is located on the site, (iv) your contact information, including mailing address, telephone number, and email address, (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

DMCA Notices should be sent to:
Gizmo Beach
Attn: Legal Dept.
P.O. Box 70156
Pasadena, CA 91117-7156

Remedies
In general, Gizmo Beach does not and is not under any obligation to monitor every Customer website or activity to determine whether they are in compliance with this Policy or the Terms and Conditions. However, if Gizmo Beach determines, in its sole discretion, that a Customer has violated this Policy, Corrective Action will be taken as described in the Terms and Conditions.

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