Knowledge Base

Acceptable Use Policy - AUP

Article ID: 168
Last updated: 19 Jun, 2020

Welcome to Magoo & Associates, LLC ("Magoo"). This Acceptable Use Policy ("AUP) governs your use of magoosvc.tech and is incorporated by reference into any MSP Application and General Service Agreement you previously entered into with Magoo & Associates, LLC (the Agreement"). for Magoo products and services (the "Services").

1. Acceptance of the Acceptable Use Policy

By accessing, browsing, and/or using this website located at magoosvc.tech (the "site"), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. Your use of the Site is also subject to the Magoo & Associates Privacy Policy, which is incorporated by reference into this AUP and your Agreement. 

If you do not agree, do not use the Site. In using the Site, you represent and warranty that you are at least 18 years of age or otherwise have any and all permissions necessary to enter into or be bound by these terms. You Services may be suspended or terminated for violation of this AUP in accordance with your Agreement with Magoo.

2. Revisions

Magoo Content. The Site contains material, which may include software, text, graphics, images, email, bulletin board postings, chat, tweets, and any other type of postings or transmission that relies on the internet (collectively, the "Content"). We may own the Content or portions of the Content may be made available through arrangements with third-parties. The Content is protected by the U.S. and foreign intellectual property laws. You have no rights in or to the Content, and you will not use, copy, or display the Content except as permitted under this Agreement or with our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make. You may not sell, transfer, assign, license, sublicense, or modify Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any Content on any other website or network computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy and copies you have made of the Content. 

Trademarks. The Site contains material, which may include software, test, graphics, images, email, bulletin board postings, chat, tweets, and any other type of posting or transmission that relies on the internet (collectively, the "Content"). We may own the Content or portions of the Content may be made available through agreements with third-parties. The Content is protected by U.S. and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy, or display the Content except as permitted under this Agreement or with our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

4. Prohibited Conduct and Uses

You agree to use the Magoo Site and Services only for their intended purposes. You may only use the Site and Services in compliance with all privacy, data protection, intellectual property, and other applicable laws. You may not use Magoo's Site or Services to engage in, foster, or promote illegal, abusive, irresponsible, or otherwise prohibited conduct. Magoo reserves the right to determine, in its sole discretion, whether any conduct or use violates this AUP.

Prohibited conduct and uses includes, but are not limited to:

  • aggregating, copying, or duplicating any Content on the Site or Services;
  • removing, disabling, damaging, circumventing, or otherwise interfering with the security and proper working of the Site or Services;
  • unauthorized access to or use of data, systems, or networks, including those owned or operated by Magoo, and including any attempt to probe, scan, or test the vulnerability of a system or network, whether by passive or intrusive techniques, or to breach security or authentication measures without express written consent of the owner of the system or network;
  • monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
  • interference with services of the Magoo or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks;
  • attempting to or submitting a virus to the Site or Services;
  • using an internet account or computer without the owner's authorization'
  • store any protected information, including but not limited to PII, HIPAA, PCI, DSS regulated content, in any location within this website;
  • collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including , without limitation, phishing, internet scamming, password robbery, spidering, crawling, data mining, automated access attempts, and harvesting);
  • collecting or using information without the consent of the owner of the information;
  • using any false, misleading, or deceptive TCP-IP packet header information in an email or newsgroup posting;
  • using the Site or Service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
  • distributing advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; (such as Microsoft's "add/remove" tool);
  • attempting to decipher, decompile, disassemble, or reverse engineer any of the software on or making up the Site;
  • any conduct that is likely to result in retaliation against the Magoo network or Site, or Magoo's employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS);
  • accessing the Site or Services from a jurisdiction where it is illegal, unauthorized, or penalized; and 
  • using or exporting any Content published or transmitted via the Site or Services in violation of the U.S. export laws and regulations.

5. Offensive Content

You may not publish, transmit, or store on or via Magoo's network and equipment any content or links to any content that Magoo reasonably believes:

  • constitutes, depicts, fosters, promotes, or relates in any manner to child pornography, bestiality, or non-consensual sex acts;
  • constitutes, depicts, fosters, promotes, or relates in any manner to child pornography, bestiality, or non-consensual sex acts is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • is defamatory or violates a person's privacy;
  • creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
  • improperly exposes trade secrets or other confidential or proprietary information of another person;
  • is intended to assist others in defeating copyright protections;
  • infringes on another person's copyright, trade or service mark, patent, or other intellectual property right;
  • promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Magoo;
  • or is intended to harass or threaten; or
  • is otherwise malicious, fraudulent, or may result in retaliation against Magoo by offended viewers or recipients.

6. International Use

Magoo is headquartered in the United States of America. Magoo makes no representation that Content or services available through the Magoo Site or Services are appropriate or available for use in other locations, and access to them from territories where the content or use of such services is illegal is prohibited. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. If you use the Site or Services outside the United States, you expressly agree to the transfer and processing of any information we collect wherever we may have operations. 

7. Links to Third Party Websites

The Site may contain links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and do not represent an endorsement by Magoo of the content, advertising, products, and services on such External Sites. The content, advertising, products, and services of External Sites are developed and provided by others. You should contact the site administrator for those External Sites if you have any concerns regarding links or any content located on such External Sites. 

Magoo us not responsible for the content of any materials on such External Sites. You should take precautions when downloading files from any website to protect your computer from viruses and other destructive programs. If you decide to access any External Site, you do so at your own risk. 

8. Service Termination

Magoo reserves the right, in its sole discretion, to restrict, suspend, or terminate the services of customers who Magoo reasonably consider to have violated this AUP. Magoo reserves the right to change, suspend, or discontinue all or any part of this Site or tho Content at any time without prior notice.

9. Service Disruption

No credit will be available under a Magoo service level guaranty or agreement for interruptions of service resulting from AUP violations.

10. Limitations of Liability

(a) MAGOO, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.

THE COMPANY PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

(b) IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, or demands, including without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Acceptable Use Policy or your access to, use, or misuse of the Site or Services and any related Content. Magoo shall provide notice to you of any such claim, suit, or proceeding. Magoo reserves the right to assume the exclusive defense and control of any matter subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist Magoo’s defense of such matter.

12. General Terms

This AUP and your Agreement constitute the entire agreement between you and Magoo concerning your use of the Site and Services. Magoo’s failure to exercise or enforce any right or provision of this AUP or your Agreement shall not constitute a waiver of such right or provision. If any provision of this AUP or your Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this AUP or your Agreement, which shall remain in full force and effect. Section headings in this AUP are provided merely for convenience and shall not be given any legal import. This AUP will inure to the benefit of Magoo’s successors, assigns, licensees, and sublicensees.

13. Choice of Law

This AUP is governed by the Laws of the State of Illinois, without respect to its conflict of laws provision. By browsing or visiting this Site, you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts within the City of Effingham in the State of Illinois. 

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Article ID: 168
Last updated: 19 Jun, 2020
Revision: 5
Views: 200
Comments: 0