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Terms of Use

Posted Mon, 08/24/2009 - 11:11 by admin

 

Makara Terms of Service (effective February 2010) This Terms of Service (“TOS”) describes unacceptable practices and prohibited actions while using any Makara, Inc. service (“Service”). As an employee, contractor or customer of Makara using the Service (“User”), you acknowledge that you have read, understood and agree to abide by this TOS. Each customer of Makara, Inc. will ensure that its own customers and end-users (each also a “User”) must also agree to abide by this TOS and be responsible for violations of this TOS by such customers and end-users.
  1. Update to TOS. Makara reserves the right to modify this TOS at any time, notifying you either via e-mail or posting a revised copy of the TOS on our Web site (Makara.com). You agree to review this TOS on a regular basis and remain in compliance at all times.
  2. Compliance.
    This TOS is intended to protect the Service, Users of Makara, Inc. and the Internet community as a whole from improper, inappropriate, abusive, or illegal activity. When using the Service, you are required to comply with this TOS and are expected to adhere to commonly accepted practices of the Internet community. The prohibited uses described below are intended as guidelines regarding improper and inappropriate conduct, and should not be interpreted as an exhaustive list. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this TOS is prohibited. Makara, Inc. reserves the right at all times to prohibit activities that damage its commercial interests, reputation and goodwill. Makara, Inc. makes no guarantee regarding, and assumes no liability for, the security and integrity of any data or information you store or transmit via the Service or the Internet, including any data or information stored or transmitted by any computer designated as “secure”. You are responsible for immediately reporting to Makara, Inc. any issue that could compromise the security or integrity of any User or system taking part in the Service.
  3. Prohibited Uses. 3.1 No Illegal Use. The Service may be used only for lawful purposes. The transmission, distribution, retrieval or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, data or other material which:
    a) Infringes, violate or misappropriates any copyright, trademark, trade secret or other intellectual property right;
    b) Material that is obscene, defamatory, pornographic or indecent;
    c) Constitutes an illegal threat made against any person or organization; or
    d) Violates export control laws or regulations.
    Makara, Inc. will be the sole arbiter as to what constitutes a violation of this provision, provided that any determination of a violation of this provision shall be made reasonably in good faith based on applicable law, regulation and the accepted norms of the Internet community.
    3.2 No Fraud and Forgery. You shall not use the Service in any manner that purposely alters or forges your identity. You may not engage, without limitation, in the following activities:
    a) Sending any message or transmitting any electronic communication using a name or address other than your own for purposes of deception;
    b) Impersonating someone else by altering your source IP address or by using forged headers or other identity information; or
    c) Fraudulently concealing, forging or otherwise falsifying your identity in connection with any use of the Service.
    3.3 System and Network Security. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following:
    a) Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic;
    b) Using the Service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Makara, Inc. or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data;
    c) Interference with Service to any User, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting;
    d) Using the Service to collect, or attempt to collect personal information about third parties without their consent; or
    e) Using the Service to release or distribute any “virus” or other software or instructions intended to destroy or corrupt or otherwise interfere with others’ access to and/or use of the Services, the Internet, their computer systems and/or data.
    3.4 No Tortious Conduct. You shall not use the Service to post tortious, unlawful or defamatory information about a person without their consent, including any information that is harassing or would intentionally inflict emotional distress.
    3.5 No Spamming. You shall not use the Service to send unsolicited messages, including, without limitation, commercial advertising and informational announcements or sending mass e-mailings, if such e-mailings provoke complaints from the recipients and you shall not use another site's mail server to relay mail without the express permission of the site.
    3.6 Other Activities. You shall not use the Service to effect or participate in any of the following activities:
    a) To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
    b) To engage in any of the foregoing activities prohibited under this TOS using the service of another provider, but channeling such activities through a Makara, Inc. provided server, or using a Makara, Inc. provided Service as a mail drop for responses; or
    c) To falsify user information provided to Makara, Inc. or to other Users of the Service.
  4. Consequences of Violation. In addition to any other rights or remedies under applicable law: 4.1 Suspension and Termination. If Makara, Inc. reasonably determine that the User's activities violate this TOS or pose a clear, present and material risk of harm to Makara, Inc.'s business or operations or to Makara, Inc.'s other Customers, Makara, Inc. may immediately, without prior notice to User, suspend or otherwise restrict User's use of the Service to the extent necessary to prevent further possible unauthorized activity. Within one hour of taking any action to suspend or restrict a Customer's use of the affected Service, Mkara, Inc. shall use commercially reasonable efforts to provide written notice to Customer by facsimile or e-mail stating the actions taken and all facts supporting any allegation of violations of this TOS. Following completion of the investigation, and delivery to Makara, Inc. of a written report setting forth the details and conclusion of such investigation, depending on the severity of the violation, Makara, Inc. may, in its sole discretion, in addition to any other remedies available to under law or its agreement with a Customer, restrict, suspend, or terminate the Service. Makara, Inc. will have no liability to any User for any such suspension or termination, and Makara, Inc. shall have no obligation to refund or issue any credits (including any service credits) for any outages incurred through Service disablement resulting from an TOS violation. 4.2 Reporting. If Makara, Inc. becomes aware that such violation is a criminal offense, Makara, Inc. reserves the right to notify the appropriate law enforcement department of such violation. All Makara, Inc. contacts with any third party, including, without limitation, law enforcement, shall be in accordance with applicable law and regulation, including, but not limited to, law and regulation governing the privacy of User information as applicable to Makara, Inc.'s provision of its Service to its Customers.
  5. Reporting Network Abuse. Any party seeking to report any violations of Makara, Inc.' s policies may contact Makara, Inc. at 2221 Broadway, Redwood City, CA 94063 or send email to abuse@makara.com.
    If available, please provide the following information:
    • The IP address, username or other identifying information used to commit the alleged infraction;
    • The date and time of the alleged violation, including the time zone or offset from GMT; and
    • Evidence of the alleged violation.