Terms and Conditions
2. Liability for Violations and Misuse of Services and Loss or Damage to TMLP’s Equipment
The devices, apparatus and associated equipment owned, leased, or otherwise obtained by TMLP to provide the Service (“TMLP Equipment”), whether owned, leased or otherwise obtained by TMLP shall remain the sole and exclusive property of TMLP, and nothing contained herein grants or conveys to Customer any right, title or interest in any TMLP Equipment TMLP may remove, replace, or change TMLP Equipment at any time, in its discretion. The Customer shall not use TMLP’s Equipment for any purpose other than to use the Service. TMLP Equipment shall not be serviced by anyone other than TMLP or its authorized contractors. The Customer shall not tamper with or relocate TMLP’s Equipment and nor shall the Customer sell, transfer, lease, encumber or assign all or part of the TMLP Equipment to any third party. At all times, the Customer shall be responsible for the safekeeping of TMLP’s Equipment, which includes taking all reasonable precautions to prevent damage or interference therewith. The Customer shall be responsible for all costs associated with any damage or loss of TMLP Equipment, including the cost of repairs or replacements as determined by TMLP in its sole discretion. The Customer shall be subject to a $200 charge for any TMLP Equipment that is lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned plus any additional costs incurred by TMLP to repair or replace such TMLP Equipment.
3. Limitation of Liability for Use of Services or TMLP’s Network
TMLP does not warrant that use of the Services or TMLP’s Network will be free from interruptions or defects. TMLP shall not be liable for any injuries or damages arising from Customer’s use of the Services or TMLP’s Network, except to the extent caused solely by TMLP’s own gross negligence or willful misconduct. In no event shall TMLP be liable for any indirect, incidental, special, or consequential losses or damages of any kind arising therefrom .
4. No Warranty or Liability for Content
5. No Warranty or Liability for Security or Integrity of Information
Because the Internet is an inherently open and insecure means of communication, any data or information the User transmits over the Internet may be susceptible to interception and alteration. TMLP makes no warranty or guarantee regarding, and assumes no liability for, the security and integrity of any data or information the User transmits via the Service , over the TMLP Network or over the Internet, including any data or information transmitted via any server design ated as “secure.” Users are responsible for taking appropriate measures to safeguard their Internet communications.
6. Monitoring of Electronic Mail Messages and Disclosure of Information
TMLP does not intentionally monitor private electronic mail messages sent or received by Users for content unless required to do so by law or governmental authority, or when deemed necessary by TMLP for purposes of public safety. TMLP may monitor its Services or Network electronically for purposes of determining whether its facilities, Services or Network are operating satisfactorily. Use of the Services or TMLP Network shall constitute the User’s consent and authorization for TMLP to monitor its Services and Network for such purposes .
The User acknowledges that TMLP observes and complies with all applicable federal and state laws, including providing notice to the National Center for Missing and Exploited Children or other designated agencies, and intends to cooperate with law enforcement agencies or officials in investigating claims of illegal or inappropriate activity. TMLP may disclose information, including but not limited to, information concerning a User, a User’s use of the Services, a transmission made using the TMLP Network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request or directive . TMLP assumes no obligation to inform the User that User - specific information has been provided to any person or entity. TMLP may disclose User information or information transmitted over the TMLP Network where necessary to protect TMLP and others from harm, or when such disclosure is necessary for the proper operation of the system, as determined by TMLP in its sole discretion.
7. User Responsibilities
8. Prohibited Activities
The User shall be prohibited from using the Services or TMLP Network to engage in any of the following activities or as otherwise in violation of any federal, state, or local civil or criminal law, regulation, or court or administrative order or directive:
a. Unauthorized Solicitations and Spamming : — Sending unsolicited bulk and/ or commercial messages over the Internet (known as “spamming”) , or chain letters or any other form of unauthorized solicitation . Spamming includes receiving replies from unsolicited e - mails ( i.e ., “drop - box” accounts) or configuring any e - mail server in such a way that it will accept third - party e - mails for forwarding (i.e ., “open mail relay”). Bulk e - mail may only be sent to recipients who have expressly requested receipt of such e - mail messages through a “verified opt - in” process. Any User that send s bulk e - mail messages must maintain complete and accurate records of all e - mail subscription requests (verified opt - ins), specifically including the e - mail and associated headers sent by every subscriber, and shall immediately provide TMLP with such record s upon request. If a site has roaming users who wish to use a common mail server, the mail server must be configured to require user identification and authorization. Users also are prohibited from using the service of another provider to send spam in order to promote a site hosted on or connected to the Services or TMLP Network . Users shall not use the Services or TMLP Network in order to send e - mail messages that are 1) excessive and/or intended to harass or annoy others, 2) continue to send e - mail messages to a recipient that has indicated that he/she does not wish to receive them, 3) send e - mails with forged TCP/IP packet header information, or 4) send malicious e - mail, including, without limitation, “mailbombing”. Users shall not advertise, distribute , or use software intended to facilitate sending “opt - out” email or harvest e - mail addresses from the Internet for that purpose. Users shall not sell or distribute lists of harvested email addresses for the purpose of “opt - out” e - mail.
b. Intellectual Property and Privacy 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 or that violates privacy, publicity, or other personal rights of others. TMLP will process and investigate reports of alleged infringement and will take appropriate actions, including but not limited to removing or blocking access to content, in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws .
c. Obscene Speech or Materials — Transmitting , distributing or storing of any material in in violation of any applicable law or regulation. Using the Services or the TMLP Network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. TMLP does not prohibit any material allowed by law or protected by the First Amendment to the United States Constitution. TMLP will notify law enforcement agencies if it becomes aware of the presence or transmission of child pornography on or through the Services or the TMLP Network.
d. Defamatory or Abusive Language or Content – Using the Services or TMLP Network to transmit or post any material, including text, sounds or images, that may be defamatory, harassing, abusive, fraudulent, tortious, unlawful, threatening, intimidating, or invasive of an individual’s personal privacy. Any use that degrades, threatens or victimizes an individual, group or class of individuals or an entity, shall be prohibited.
e. Forging of Headers or Content — Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message and forging or misrepresenting any data with false or misleading content.
f. 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 an other individual’s system (known as “hacking”) . 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) also is prohibited. Any attempt to disrupt, degrade, impair, or violate the integrity or security of the Services or TMLP ’s Network or the computers, services, accounts or networks of any other party ( i.e ., “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of TMLP IP space is prohibited. Executing any form of network monitoring ( i.e ., using a packet sniffer) or otherwise engaging in any monitoring or interception of data not intended for the User without proper authorization is prohibited. Also, attempting to circumvent User or Customer authentication or security of any hosts, network, or account (“cracking”) without authorization is prohibited.
g. Exploitation of Vulnerabilities in Hardware or Software for Malicious Purposes – Exploitation of scripts presented on web pages ( i.e . forms for answering questions o r entering data ) . Activities that disrupt the use of or interfere with the ability of others to effectively use the TMLP Network or any connected network, system, service, or equipment by utilizing programs, scripts, or commands to abuse a website ( e.g. , DDOS, SYN Floods or similar attacks) also are prohibited .
h. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities — Sending viruses or other computer code , files, or programs that are designed or intended to disrupt, damage , or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of a third party, including worms, Trojan horses, flooding, mail bombing, or denial of service attacks, or distributing information regarding the creation of such viruses, worms, etc. for reasons other than mitigation or prevention. 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 , or that may be harmful to or interfere with TMLP ’s provision of Services, the TMLP Network, or any third party’s network, equipment, applications, services or websites also are prohibited.
j. Export Control Violations – Exporting encryption software over the Internet or otherwise in violation of International Traffic in Arms Regulations (“ ITAR ”) , to points outside the United States.
k. Phishing and Deceptive Practices — Simulating communications from and/or to a website or other service of another entity in order to collect identity information, credit or bank information, authentication credentials, or other information from the legitimate users of that entity’s service . Sending or transmitting information that is fraudulent or contains false, deceptive or misleading statements, claims or representations or otherwise engaging in deceptive marketing practices including without limitation, practices that violate the United States Federal Trade Commission’s guidelines for proper online marketing schemes are prohibited.
l. Pharming — Using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service.
m. Servers and Proxies — Users may not run on TMLP ’s servers any program which makes a service or resource available to others, including but not limited to, port redirectors, proxy servers, chat servers, MUDs, file servers, and IRC bots. Users are responsible for the security of their own networks and equipment.
n. Other Illegal Activities — Engaging in any other activities that are deemed to be illegal, including but not limited to false or deceptive advertising , pyramid schemes, fraudulently charging credit cards, and pirating software.
9. Duty to Indemnify
10. Complaints or Reports of Misuse of Services or Violations
11. Determination and Consequences of Non - Compliance
12. Choice of Law and Forum