Acceptable Use Policy
Thank you for visiting the MediaWhiz websites (the "Websites"). These websites are Internet properties of Matomy U.S.A., Inc., d/b/a MediaWhiz ("MediaWhiz," "we" or "us"). This Acceptable Use Policy ("AUP") describes the proper kinds of conduct and prohibited uses of MediaWhiz's services (the "Services"), as described and subscribed to pursuant to the applicable agreement executed by and between you and MediaWhiz ("MW Agreement") to which this policy is incorporated. Where the terms of this AUP conflict with any term contained in any MW Agreement, the MW Agreement shall govern in all respects. This AUP is not exhaustive and MediaWhiz reserves the right to modify this AUP at any time, effective upon posting of the modified AUP to the Websites. By registering for and using the affiliate network and affiliated services provided by MediaWhiz (collectively "Services"), and thereby accepting the terms and conditions of the applicable MW Agreement, you agree to abide by this AUP as modified from time to time. Any violation of this AUP may result in the suspension or termination of your Services account and such other action as MediaWhiz deems appropriate.
VIOLATION OF ANY OF THESE GUIDELINES IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES THAT YOU RECEIVE FROM MEDIAWHIZ. 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.
What Information We Collect and How We Use It
1. YOUR GENERAL RESPONSIBILITIES
For you as an Affiliate (as that term is defined in the applicable MW Agreement), the Services enable you to access offers and creative from MediaWhiz and its Advertisers (as that term is defined in the MW Agreements) that you can market by and through: (i) the websites that you own, operate and/or control ("Affiliate Websites"); and/or (ii) Email messages sent to the databases that you own, operate and/or control ("Affiliate Databases"). Generally, MediaWhiz will not actively monitor, censor or directly control any content that is or will be displayed on your Affiliate Websites or transmitted to your Affiliate Databases, or information that you collect or use through your Affiliate Websites and/or Affiliate Databases. MediaWhiz, 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 MediaWhiz as a responsible provider of the Services; (c) preserving the value of Internet resources as a conduit for free expression; and (d) encouraging the responsible use of Internet resources and discouraging degrading, libelous or illegal uses of such resources. Consequently, MediaWhiz 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.
We use this information to process requests for products and services. We also use collected information to communicate with you, such as to notify you (through Emails and newsletters) about updates to products, to send you order confirmations and/or to provide you with important product warranty or safety information.
In addition, we use the personal information that you provide, other than your Sensitive Information, to respond to your inquiries about our offerings, and to offer you, by means of Email or through our newsletter, additional products, programs or services that we believe may be of interest to you.
2. PROHIBITED CONDUCT
You may use the Services only for lawful purposes. Transmission, distribution, sale, publication, display or storage of any material in violation of any applicable law, regulation, statute or this AUP is prohibited. The following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited. MediaWhiz reserves the rights to restrict or prohibit any and all uses of the Services or content on your Affiliate Websites or in connection with your Affiliate Databases, and to remove such materials from its servers, where MediaWhiz determines in its sole discretion that such content and/or usage is harmful to its servers, systems, network, reputation, good will, MediaWhiz, other MediaWhiz customers or any third party.
Defamation. You agree not to post or transmit any content in violation of any applicable libel or defamation law in the United States or elsewhere.
False advertising. You agree not to post or transmit on or though any Affiliate Websites and/or Affiliate Databases any advertising or promotional materials that contain false, deceptive or misleading statements, claims or representations. This includes but is not limited to "job sites" deceiving consumers with the promise of employment for completing an offer such as education or business opportunity.
Social Network/Job Listing Site Compliance. You agree not to post or transmit any content on public message boards, chat rooms, or in public areas of social networking and job sites including but not limited to MySpace.com, Facebook.com, Tagged.com, Craig's List, etc.
Copyright/Trademark Infringement. You agree not to post or transmit on or through any Affiliate Websites and/or Affiliate Databases any content that infringes on the intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right of another person or entity or use the same 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. You agree not to transmit, disseminate, sell, store or host 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. You agree not to post or send 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. You agree not to disseminate or host harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, spyware, adware or any other computer software and/or programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
Fraudulent Conduct. Your agree not to offer or disseminate fraudulent goods, services, schemes or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), furnish false data on any signup form, contract, online application or registration, or fraudulently use of any information obtained through the use of the Services including, without limitation, use of credit card numbers.
False Pretenses. You agree not to use the Services to impersonate any person or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication. False domain registration is strictly prohibited.
Failure to Abide by Third-Party Website Policies. You agree not to violate the rules, regulations or policies that apply to any third-party network, server computer database or website that you access or utilize by or through the Services.
Child Pornography. You agree not to violate any state or federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, visual depictions of "sexual intercourse" and/or "sexually explicit conduct" involving children.
Facilitating a Violation of this AUP. You agree not to advertise, transmit, or otherwise make available any software, program, product or service that is designed to violate this AUP which includes, but is not limited to, spam, pinging, flooding, mailbombing, denial of service attacks or piracy of software.
Unauthorized Access. You agree not to use the Services to access, or to attempt to access, the accounts of others or to penetrate, or attempt to penetrate, security measures of 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.
Collection of Personal Data. You agree not to use the Services to collect, or attempt to collect, personal information about third parties without their knowledge and affirmative, express consent.
Reselling the Services. You agree not to resell the Services without MediaWhiz's prior express written consent.
Network Disruptions and Unfriendly Activity. You agree not to use the Services for any activity that adversely affects the ability of other people or systems to use the Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other Service users, Service network or Service network equipment is prohibited. It is your responsibility to ensure that your network and/or Affiliate Websites is/are configured in a secure manner. You may not, through action or inaction, allow others to use your network and/or Affiliate Websites for illegal or inappropriate purposes. You may not permit your network and/or Affiliate Websites, through action or inaction, to be configured in such a way that gives a third party the capability to use such network and/or Affiliate Websites in an illegal or inappropriate manner.
Confidential Information. You agree not to display any telephone numbers, street addresses, last names, URLs, Email addresses or personal information, audio files, text, photographs, videos or other images containing confidential of any third party on any Affiliate Website or in any Email message delivered to the Affiliate Databases.
Harassment. You agree not to "stalk" or otherwise harass any person via the Services, the Affiliate Websites and/or the Affiliate Databases.
Endorsement. You agree not to express or imply that any statements you make are endorsed by MediaWhiz, without MediaWhiz's specific prior written consent
Circumvention. You agree not to use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Services or related content.
Framing. You agree not to "frame" or "mirror" any part of the Services and/or MediaWhiz or Advertiser websites, without MediaWhiz's prior written authorization.
Redirects. You agree not to use metatags or code or other devices containing any reference to MediaWhiz, the Services and/or any Advertiser in order to direct any person to any other website for any purpose.
Reverse Engineer. You agree not to modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services.
3. SYSTEM AND NETWORK SECURITY AND INTEGRITY
Violations of MediaWhiz's or any third party's server, system or network security through the use of the Services are strictly prohibited, and may result in criminal and civil liability. MediaWhiz may, but is not obligated to, investigate incidents involving such violations. MediaWhiz 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 sending messages of any kind, that is/are designed to interfere with a user's terminal session, via any means, locally or by the Internet.
- Falsification of Origin or Routing Information. Forging of any TCP-IP packet header, Email header or any part of a message header. Using, selling, or distributing in conjunction with the Services, or otherwise, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an internet domain, header information, date or time stamp, originating Email address or other identifier.
- 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.
The Services may be used to transmit Unsolicited Commercial Email to the Affiliate Databases only in compliance with all United States state and federal laws including, but not limited to, the CAN-SPAM Act of 2003, as amended from time to time, as well as any and all Federal Trade Commission implementing regulations ("CAN-SPAM"). However, you may not distribute, publish or send any of the following types of Email:
- Unsolicited promotions, advertising or solicitations (commonly referred to as "spam") that is not compliant with CAN-SPAM including, without limitation, commercial advertising and informational announcements to those Email addressees 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 Email, whether through language, frequency, size of messages or any other element.
- Chain letters.
- Malicious Email including, without limitation, "mailbombing" (flooding a user or website with very large or numerous pieces of Email) or "trolling" (posting outrageous messages to generate numerous responses).
- Emails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.
- Emails that contain links to third party websites 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 MediaWhiz's mail server or another website's mail server to relay mail without the prior express written permission of the account holder or the website operator. Posting the same or similar message to one or more newsgroups, message boards, blogs, MediaWhiz discussion groups, etc., (excessive cross-posting or multiple-posting) is also explicitly prohibited.
Third Party Links. Links to third party websites 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.
5. INSTANT MESSAGING AND CHAT SERVICES
Inappropriate use or misuse of instant messaging or chat applications on the MediaWhiz network or otherwise in connection with the Services is strictly prohibited. Examples include, but are not limited to: 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.
We use the non-personally identifiable information that we collect to improve the design and content of our Website pages and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Website usage.
7. REPORTING VIOLATIONS OF THIS AUP
MediaWhiz requests that anyone who believes that there is a violation of this AUP direct the information to MediaWhiz's legal department at: firstname.lastname@example.org. When reporting a violation or potential violation of this AUP, please provide the following information if it is available: (i) the IP address used to commit the alleged violation; (ii) the date and time of the alleged violation; (iii) the type of alleged violation; and (iv) evidence of the alleged violation. In response to any complaint, MediaWhiz may take any one or more of the following actions: (a) issue written or verbal warnings; (b) suspend Services to the applicable account holder; (c) terminate Services for the applicable account holder without notice; (d) bring legal action to enjoin violations and/or to collect damages, if any caused by the violation; and/or (e) such other actions in the sole discretion of Monetizeit.
This AUP shall be governed by and construed under New York State law. Any failure to insist upon or enforce performance of any provision in this AUP will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this AUP. MediaWhiz may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this AUP is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
Any questions regarding this AUP should be directed to AffiliateHelp@mediawhiz.com.