LaMarra's Studio, Inc.

Terms of Service | Privacy Policy | Acceptable Use Policy | UCE / SPAM Policy | CGI Abuse Policy

Acceptable Use Policy

Use of LaMarra's Internet Services constitutes acceptance and agreement to LaMarra's Internet Services AUP (Acceptable Use Policy) as well as LaMarra's Internet Services TOS (Terms of Service) and UCE / SPAM Policy. From herewith in this TOS, AUP, and UCE / SPAM Policy, the usage of “us”, “we”, “our”, “ours” shall constitute reference to LaMarra's Internet Services, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of LaMarra's Internet Services. LaMarra's Internet Services reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. All users of LaMarra's Internet Services’s Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service).

THE FOLLOWING ACTIVITIES ARE PROHIBITED:

1. Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward LaMarra's Studio, Inc., but also because it can overload LaMarra's Studio, Inc.'s network and disrupt service to LaMarra's Studio, Inc. clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, LaMarra's Studio, Inc. has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list. Refer to our UCE/SPAM Policy for more informtion.

2. Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. LaMarra's Studio, Inc. is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also LaMarra's Studio, Inc.’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

3. Adult Material

LaMarra's Studio, Inc. will not design or host adult sites.

What does LaMarra's Studio, Inc. consider "Adult Material?"

Any site whose revenue is gained in part or whole from its adult content.
Any site selling, advertising, or displaying sexually related adult products and/or content.
Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
Revenue-generating hyperlinks to sites who violate policy #1, #2, and/or #3.

LaMarra's Studio, Inc. reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related".

4. Defamatory or Abusive Language
Using LaMarra's Studio, Inc.’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

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

6. 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 might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

7. Background Running Programs
Background Daemons in general are prohibited on LaMarra's Studio, Inc. servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.

LaMarra's Studio, Inc. will be the sole arbitor of what consitutes a violation of the above policy.

8. 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, mailbombing, 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.

8. Facilitating 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, mailbombing, denial of service attacks, and piracy of software.

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

11. Unauthorized Website Hosting
It is against LaMarra's Studio Inc.'s Acceptable Use Policy for anyone given access to a hosting account, to host a website (or websites) in the account, upload files to the account, or use the account for testing websites without the prior knowledge and permission of the account owner. All sites determined to be unauthorized will be deleted without warning. At our option, we will add temporary web page replacing the unauthorized website's pages stating the notice of termination and this policy.

12. Unauthorized use of an email accounts.
It is against LaMarra's Studio Inc.'s Acceptable Use Policy to use an emai account in a hosting account without the prior knowledge of the hosting account's owner. The determined email accounts will be removed without warning.

13. Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

14. Other Activities
Engaging in activities, whether lawful or unlawful, that LaMarra's Studio, Inc. determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.

The responsibility for avoiding the harmful activities just described rests primarily with the client. LaMarra's Studio, Inc. will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with LaMarra's Studio, Inc. policy or applicable law. When LaMarra's Studio, Inc. becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

LaMarra's Studio, Inc. also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, LaMarra's Studio, Inc. urges its clients to assume that all of their on-line communications are insecure. LaMarra's Studio, Inc. cannot take any responsibility for the security of information transmitted over LaMarra's Studio, Inc.’s facilities.

LaMarra's Studio, Inc. will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. LaMarra's Studio, Inc. may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, LaMarra's Studio, Inc. may disclose information, including but not limited to, information concerning a client, 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. LaMarra's Studio, Inc. assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, LaMarra's Studio, Inc. may disclose client information or information transmitted over its network where necessary to protect LaMarra's Studio, Inc. and others from harm, or where such disclosure is necessary to the proper operation of the system.

Any complaints about a client's violation of this AUP should be sent to abuse@lamarras.com.