Where the terms "we", "our" or "Design Pixel" are used this is the same as "Design Pixel". Design Pixel is a trading name of Aequitas Corporation.
The following are examples of uses of the Services that constitute violations of this AUP:
Illegal Use. Transmitting, uploading, posting, receiving, storing, or presenting material or data that, intentionally or unintentionally, violates any local, or international law, or any rules or regulations that have the force of law, including, but not limited to, material or data regarding illegal goods or services, illegal substances, prostitution, illegal drugs, illegal weapons, terrorism, or other conduct that would constitute a criminal offense.
Fraudulent Financial Activity. Making fraudulent offers to sell or buy products, items, or services or to advance any type of illegal financial activity such as "pyramid schemes,", "Ponzi schemes," or fraudulently charging credit cards.
Gambling. Engaging or promoting gambling in violation of any laws.
Harm to Minors. Harming, attempting to harm or exploiting minors in any way, including, but not limited to, the use of the Services (i) to receive, distribute, solicit, present, or store illegal images or URLs containing child pornography, or (ii) to post or disclose personal identifiable information or private information of individuals under the age of 18 or in connection with materials directed towards children under the age of 18 without verifiable parental consent.
Threats and Harassment. Uploading, transmitting or posting any material that (i) threatens, harasses, defames or encourages bodily harm or destruction of property of governments, groups, organizations or individuals, or (ii) espouses, promotes or incites racism or bigotry.
Spamming. Transmitting or facilitating unsolicited commercial email or unsolicited bulk email, including, but not limited to, use of another Internet service to send spam to divert users to your site hosted on or through Design Pixel’s network, whether or not the messages were originated by you, under your direction, or by or under the direction of a third party.
Phishing. Attempting to impersonate any person or entity, engaging in sender address or network header falsification, or forging anyone else’s digital or manual signature.
Copyright or trademark infringement. Transmitting, uploading or posting any material that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, incorporating a third party’s trademark within an email address without the prior permission of the trademark owner, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Collection of personal data without consent. Collecting, or attempting to collect, personal information about third parties without their knowledge or consent or under false pretenses.
Unauthorized Access. Accessing, or to attempting to access, the accounts of others without their knowledge or consent; or penetrating, or attempting to penetrate, security measures of Design Pixel's or another entity's or person’s computer software or hardware, electronic communications system, or telecommunications system, including, but not limited to, misusing or abusing account access and passwords of others; using or distributing tools designed to compromise security of computer systems or networks; or compromising the security of any Internet account or website.
Using or Distributing Internet Viruses, Worms, Trojan Horses or Other Destructive Activity that Compromise Security. Engaging in activities that disrupt or degrade the use of or interfere with the ability of other people to effectively use the network or any connected network system, service or equipment including using or distributing, among other things, Internet viruses, worms, Trojan Horse programs, password guessing programs, decoders, keystroke loggers, cracking tools, packet sniggers, flooding of a network, encryption circumvention devices or unauthorized port scanning.
Spidering. Participating in the collection of a very large number of email addresses, screen names, or other identifiers of others without their prior consent, or participating in the use of software, including spyware, designed to facilitate this activity.
Denial of Service. Routing or relaying traffic between unknown third parties or as a source of denial of service attacks, worms, or other service sending traffic to unknown third parties. You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use your network in an illegal or inappropriate manner.
Network Probing. Any type of detective network activity, including, but not limited to, port scanning and pinging.
In addition, any material or conduct in connection with the use of the Services that Design Pixel believes to be unlawful, offensive or harmful will be considered a violation of this AUP.
Design Pixel requests anyone who believes that there is a violation of this AUP or has a question about this AUP to please direct the relevant information to us via our contact page.
If available, the following information should be provided in the report:
Design Pixel may, but is not required to, monitor your compliance with the terms this AUP. You acknowledge that Design Pixel has the right, but not the obligation, to pre-screen, refuse, or remove any content available from your use of the Services, including, but not limited to, content that violates the law or the terms of this AUP.
If Design Pixel receives a complaint or otherwise becomes aware of any possible violation of this AUP, Design Pixel may, in its sole discretion, initiate an investigation. If Design Pixel determines that a violation of this AUP has occurred (regardless of whether it is unlawful), Design Pixel may take any one or more of the following actions without notice:
Design Pixel may revise, amend, or modify this AUP from time to time. Customers will be notified of any revision, amendment, or modification. By continuing to use the Services after the revisions, amendments or modifications are effective, you accept and agree to abide by them.
The failure of Design Pixel to enforce this AUP will not be construed as a waiver of any right to do so at any time. If any section of this AUP is held invalid or unenforceable, the remaining sections will remain in full force and effect. You agree to indemnify, defend and hold harmless Design Pixel, its subsidiaries, directors, officers and employees against all claims and expenses, including reasonable attorney fees, resulting from any violation of this AUP. This indemnification will survive any termination of your Services or account with Design Pixel.
English common law governs this AUP.