Acceptable Use Policy

The Emagine Engine Acceptable Use Policy

As a provider of web site hosting and other Internet-related services, Emagine Engine offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Emagine Engine respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Emagine Engine reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Emagine Engine has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Emagine Engine' services. This AUP will be revised from time to time.

Subscribers violate Emagine Engine policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming: 
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Emagine Engine, but also because it can overload Emagine Engine' network and disrupt service to Emagine Engine' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Emagine Engine will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Emagine Engine reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Emagine Engine choose to pursue and prosecute.

Audio/Video Streaming:
Emagine Engine actively consults with clients in the creation, engineering and hosting of audio and video content. Customers with streaming content needs should contact Emagine Engine in advance for a discussion of solutions. Streaming of audio and video is best suited to Content Delivery Networks and third-party services such as Youtube or Vimeo (for video) or SoundCloud or Audioboo (for audio).

Emagine Engine's venture hosting is designed for business sites and applications. It is not intended for streaming of audio and video. Any streaming of video content, and anything beyond minimal streaming of audio will result in suspension of the account. Whether notice or warning is given will depend on the severity of impact upon server and network capacity.

Adult-Oriented Content: 
Emagine Engine does not allow adult content and will suspend/terminate any offending account.

Mass Storage:
Emagine Engine is not for file hosting and distribution. Your account will not be used for mass storage of backups or files, including but not limited to audio, .ISO, video, .zip, and .exe files, as determined at the discretion of Emagine Engine. It will not be used for mass files distribution, such as torrents or mirrors. Your account must have a working Website. Accounts found violating these terms may be suspended or terminated without warning. If you are unsure whether your usage would violage this policy, Contact Emagine Engine Support.

Obscene Speech or Materials: 
Using Emagine Engine' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Emagine Engine is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language: 
Using Emagine Engine' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers: 
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks: 
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: 
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP: 
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations: 
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups: 
Emagine Engine reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities: 
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities: 
Engaging in activities, whether lawful or unlawful, that Emagine Engine determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Emagine Engine will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Emagine Engine' policy or applicable law. However, when Emagine Engine becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Emagine Engine.

Emagine Engine is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Emagine Engine' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Emagine Engine does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Emagine Engine reserves the right to directly take action against a customer of its subscribers. Also, Emagine Engine may take action against the Emagine Engine' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Emagine Engine anticipates that subscribers who offer Internet services will cooperate with Emagine Engine in any corrective or preventive action that Emagine Engine deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Emagine Engine policy.

Emagine Engine will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Emagine Engine may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Emagine Engine may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Emagine Engine assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Emagine Engine may disclose subscriber information or information transmitted over its network where necessary to protect Emagine Engine and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Emagine Engine will never sell information to other services or outside companies.

Emagine Engine expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Emagine Engine policy.

Finally, Emagine Engine emphasizes that by using Emagine Engine services, you acknowledge and agree to the Emagine Engine Terms and Conditions which are set out on these pages. By using or subscribing to Emagine Engine's services, you indemnify Emagine Engine for any violation of the Service Agreement, law or Emagine Engine policy resulting in loss to Emagine Engine or the bringing of any claim against Emagine Engine by any third party. This means that, if Emagine Engine is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Emagine Engine, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Emagine Engine and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to Emagine Engine Support.

Revised: Feb 02, 2012