OptinRealBig.com, LLC, and its subsidiaries,
divisions and related web sites (hereinafter
collectively referred to as “Optin”)
Acceptable Use Policy ("AUP") describe
the proper kinds of conduct and prohibited uses of
Optin’s services (the "Services"), as
described and subscribed to pursuant to the Terms
and Conditions Agreement (“Agreement”)
attached hereto. The AUP is not exhaustive and
Optin reserves the right to modify the AUP at any
time, effective upon posting of the modified AUP
to www.optinbig.com. By registering for and
using the Services, and thereby accepting the
terms and conditions of the Agreement, you agree
to abide by the AUP as modified from time to time.
Any violation of the AUP may result in the
suspension or termination of your account and such
other action as Optin deems appropriate.
1. YOUR GENERAL RESPONSIBILITIES
The Services enable you to develop and display
a Web site through which you can interact with
users of the Internet and retrieve and send vast
amounts of information. It also allows for the
deploying of email to promote the sale of your
product or services. Generally, Optin will not
actively monitor, censor, or directly control any
content that is or will be displayed on your Web
site(s) or information that you collect or use
through your Web site(s). Optin, however, provides
the Services with the goals of (a) ensuring
security, reliability and privacy of the Services
and the users of the Services, (b) maintaining an
image and reputation of Optin as a responsible
provider of the Services, (c) preserving the value
of Internet resources as a conduit for free
expression, (d) encouraging the responsible use of
Internet resources and discouraging degrading,
libelous or illegal uses of such resources.
Consequently, Optin expects you, and all other
users of the Services, to take responsibility in
using the Internet with courtesy and
responsibility, and be familiar with and to
practice good Internet etiquette, in furtherance
of the above stated goals.
VIOLATION OF ANY OF THESE GUIDELINES IS
STRICTLY PROHIBITED AND MAY RESULT IN THE
IMMEDIATE TERMINATION OR SUSPENSION OF THE
SERVICES YOU RECEIVE FROM OPTIN. YOU WILL REMAIN
SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE
SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY,
UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF
THE SERVICES. "CONTENT" INCLUDES,
WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES,
PERSONAL HOME PAGES, AND DOMAIN NAMES.
2. ILLEGAL OR HARMFUL USE
You may use the Services only for lawful
purposes. Transmission, distribution, sale, or
storage of any material in violation of any
applicable law, regulation, or the AUP is
prohibited. The following non-exhaustive list
details the kinds of illegal or harmful conduct
that are prohibited. Optin reserves the rights to
restrict or prohibit any and all uses of the
Services or content on your Web site(s) and to
remove such materials from its servers, that Optin
determines in its sole discretion is harmful to
its servers, systems, network, reputation, good
will, other Optin customers, or any third party.
Infringement. Infringement of intellectual
property rights or other proprietary rights
including, without limitation, material protected
by copyright, trademark, patent, trade secret, or
other intellectual property right used without
proper authorization. Infringement may result
from, among other activities, the unauthorized
copying and posting of pictures, logos, software,
articles, musical works, and videos.
Offensive Materials. Transmission,
disseminating, sale, storage or hosting material
that is unlawful, libelous, defamatory, obscene,
pornographic, indecent, lewd, harassing,
threatening, harmful, invasive of privacy or
publicity rights, abusive, inflammatory or
otherwise objectionable.
Export Violations. Posting or sending of
software or technical information in violation of
U.S. export laws, including, without limitation,
the Export Administration Act and the Export
Administration Regulations maintained by the
Department of Commerce.
Harmful Content. Disseminating or hosting
harmful content including, without limitation,
viruses, Trojan horses, worms, time bombs,
cancelbots or any other computer programming
routines that may damage, interfere with,
surreptitiously intercept or expropriate any
system, program, data or personal information.
Fraudulent Conduct. Offering or disseminating
fraudulent goods, services, schemes, or promotions
(i.e., make money fast schemes, chain letters,
pyramid schemes), or furnishing false data on any
signup form, contract or online application or
registration, or the fraudulent use of any
information obtained through the use of the
Services, including without limitation use of
credit card numbers.
3. SYSTEM AND NETWORK SECURITY AND INTEGRITY
Violations of Optin's or any third party's
server, system or network security through the use
of the Services are prohibited, and may result in
criminal and civil liability. Optin may
investigate incidents involving such violations.
Optin may involve and cooperate with law
enforcement if a criminal violation is suspected.
Examples of server, system or network security
violations include, without limitation, the
following:
Hacking. Unauthorized access to or use of data,
systems, servers or networks, including any
attempt to probe, scan or test the vulnerability
of a system, server or network or to breach
security or authentication measures without
express authorization of the owner of the system,
server or network.
Interception. Unauthorized monitoring of data
or traffic on any network, server, or system
without express authorization of the owner of the
system, server, or network.
Intentional Interference. Interference with
service to any user, host or network including,
without limitation, mail bombing, news bombing,
other flooding techniques, deliberate attempts to
overload a system, broadcast attacks and any
activity resulting in the crash of a host.
Intentional interference also means the use of any
kind of program/script/command, or send messages
of any kind, designed to interfere with a user's
terminal session, via any means, locally or by the
Internet.
Falsification of Origin. Forging of any TCP-IP
packet header, e-mail header or any part of a
message header. This prohibition does not include
the use of aliases or anonymous remailers.
Avoiding System Restrictions. Using manual or
electronic means to avoid any use limitations
placed on the Services such as timing out.
Failure to Safeguard Accounts. Failing to
prevent unauthorized access to accounts, including
any account passwords.
4. E-MAIL
You may not distribute, publish, or send any of
the following types of e-mail:
Unsolicited promotions, advertising or
solicitations (commonly referred to as
"spam") that is not compliant with the
CAN-SPAM Act of 2003, including, without
limitation, commercial advertising and
informational announcements to those email
addresses who have requested that their email
addresses be opted out.
Commercial promotions, advertising,
solicitations, or informational announcements that
contain false or misleading information in any
form.
Harassing e-mail, whether through language,
frequency, or size of messages.
Chain letters.
Malicious e-mail, including without limitation
"mailbombing" (flooding a user or Web
site with very large or numerous pieces of mail)
or "trolling" (posting outrageous
messages to generate numerous responses).
E-mails containing forged or falsified
information in the header (including sender name
and routing information), or any other forged or
falsified information.
Third Party Links. Links to third party web
sites should not be inserted in emails without the
direct or indirect permission of the third party,
and your email should conspicuously notify the
recipient that the link is to a third party over
which you have no control or operation.
In addition, you may not use Optin's mail
server or another Web site's mail server to relay
mail without the express permission of the account
holder or the Web site. Posting the same or
similar message to one or more newsgroups, message
boards, blogs, online discussion groups, etc.,
(excessive cross-posting or multiple-posting) also
is explicitly prohibited.
5. INSTANT MESSAGING and CHAT Services
Inappropriate use or misuse of instant
messaging or chat applications on the Optin
network is not acceptable. Examples include:
Sending instant messages that contain threatening,
abusive, illegal or libelous material.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUP,
AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD
PARTY ON YOUR BEHALF, WILL BE CONSIDERED
VIOLATIONS OF THE AUP BY YOU.
Any questions regarding this AUP should be
directed to legalnotices@optinbig.com.
Updated: April 12, 2005